Maternity Policy and Procedure - Homerton University Hospital

HOMERTON UNIVERSITY HOSPITAL NHS TRUST
HUMAN RESOURCES POLICIES & PROCEURES
MATERNITY POLICY & PROCEDURE
Maternity Policy and Procedure
Contents
1. Policy Statement
2. Maternity Pay and Leave
2.2 Ordinary Maternity Leave
2.3 Additional Maternity Leave
2.4 Statutory Maternity Pay
2.5 Occupational Maternity Pay
2.6 Maternity Allowance
3. Notification of Maternity Leave
3.2 Change of Leave Dates
3.3 Notification of End of Leave
4. Return to Work
5. Early Return to Work
6. Postponement of Return
7. Contract of Employment
8. Detrimental Treatment
9. Accrual of Annual Leave
10. Antenatal Care
11. Health and Safety
12. Sickness Absence
13. Maternity Rights in the Event of the Hospitalisation of a Baby
14. Maternity Rights in the Event of a Stillbirth or Miscarriage
15. Employees on Fixed Term or Training Contracts
Maternity Leave Planning Forms
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MATERNITY POLICY & PROCEDURE
1. Policy Statement
1.1 New rules governing Maternity Leave and Pay were brought into effect by the
Employment Rights Act 1996, as amended by the Employment Relations Act
1999 and the Employment Act 2002, and detailed in the Maternity and Parental
Leave Regulations 1999 and the Maternity and Parental Leave (Amendment)
Regulations 2002. The aim of this package of legislation is to ensure that there
are family friendly policies in place that can enable individuals to balance
properly work and home life. The Trust Maternity Policy and Procedure
incorporates the new rules plus additional rules expressed within the General
Whitley Council Conditions of Service.
2. Maternity Pay and Leave
2.1 There are five separate categories for Maternity Leave/Pay provisions as follows:
2.2 Ordinary Maternity Leave
2.2.1 The basic right to maternity leave, which is not dependent on a qualifying
period of employment or number of hours worked per week, is known as
Ordinary Maternity Leave. This is 26 weeks’ leave from work for any
woman who is employed while she is pregnant, with a right to return to
the same job on the same terms and conditions at the end of the period.
A pregnant employee may begin her maternity leave at any time she
chooses after the beginning of the 11 th week before her expected week of
childbirth (EWC), provided that she has told her line manager in writing by
the 15 th week before her EWC of:
•
•
•
the fact that she is pregnant
the date of the EWC
the date when she intends her maternity leave to start.
2.2.2 A copy of the maternity certificate (MAT B1) which is provided by the
midwife or GP when the woman is 26 weeks pregnant must be forwarded
to the Human Resources Department with her application for maternity
leave.
2.2.3 Ordinary Maternity Leave must be applied for using the Maternity Leave
Planning Form – Commencement of Maternity Leave.
2.3 Additional Maternity Leave
2.3.1 An employee who has completed 26 weeks’ continuous employment in the
NHS by the beginning of the 14 th week before the EWC is also entitled to
Additional Maternity Leave, which begins at the end of Ordinary Maternity
Leave and runs for up to a further 26 weeks. An employee is entitled to
return to work after Additional Maternity Leave to the same job on the
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same terms and conditions as if she had not been absent, unless it is not
reasonably practicable for her to do so (see section 4.1).
2.3.2 Additional Maternity Leave must be applied for using the Maternity Leave
Planning Form – Commencement of Maternity Leave.
2.4 Statutory Maternity Pay (SMP)
2.4.1 All employees who are pregnant or who have just given birth are entitled
to a maximum of 26 weeks’ SMP if they have been continuously employed
with the Trust for at least 26 weeks at the 15 th week before the EWC (the
qualifying week), and their average earnings in the eight weeks up to the
qualifying week have been at least equal to the lower earnings limit for
National Insurance contributions.
2.4.2 The first six weeks of SMP are paid at 90% of the employee’s average
weekly earnings. The remaining 20 weeks are paid at the SMP standard
rate or 90% of the employee’s average weekly earnings if this is less than
the SMP standard rate. (Rates of SMP are regularly amended by the
Department of Social Security.)
2.4.3 An employee will be entitled to SMP if:
• she has given her manager proper advance notification of her intentions
(see paragraph 2.4.5 below)
• she stops work because of pregnancy after the qualifying week.
Once entitlement to SMP has been established in the qualifying week the
Trust is obliged to pay it, even if an employee were to leave before she
wants her SMP to start. If an employee decides not to return to work after
her maternity leave she does not have to pay back her SMP.
2.4.4 SMP is only payable when an employee is absent from work. If she does
any work for the Trust in any particular week she is disqualified from
receiving SMP for that week.
2.4.5 To retain the right to SMP an employee must give the Trust at least 28
days’ notice in writing of the date she intends her SMP to start. She must
also provide the Trust with form MAT B1, which confirms the EWC. The
Trust cannot pay SMP until this form is received.
2.4.6 If a pregnant employee does not qualify for SMP she may be entitled to
Maternity Allowance instead (see paragraph 2.6 below).
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2.5 Occupational Maternity Pay
2.5.1 An employee who continues to be employed by the Trust until immediately
before the beginning of the 11 th week before the EWC, and who has
completed 12 months continuous NHS service at that time, and intends to
return to work within the NHS immediately following maternity leave and
satisfies the conditions outlined for SMP (above) shall be entitled to:
•
•
•
8 weeks’ full pay, which includes SMP
14 weeks’ half pay, plus SMP provided the total pay does not exceed
full pay
4 weeks’ SMP
2.5.2 Employees who do not satisfy the conditions outlined for SMP shall be
entitled to:
• 8 weeks’ full pay
• 14 weeks half pay
• 30 weeks unpaid leave
2.5.3 If, after taking additional maternity leave and having stated her intention
to return to work an employee fails to do so or leaves within three months
of returning she will be expected to return all monies received over and
above SMP. The employee’s last day worked will be the date the Trust
receives notification that she will not return to work. The notice period will
be calculated taking into account any annual leave. Should the employee
provide confirmation, in writing, that she has secured alternative NHS
employment within 15 months from the commencement of maternity leave
she will not be required to refund any maternity payments.
2.6 Maternity Allowance
2.6.1 Maternity Allowance (MA) may be paid to women who are employed but
do not qualify for SMP, and is paid for a maximum of 26 weeks.
Entitlement to MA is based on the woman’s employment and earnings in
the 66 weeks ending with the week before the EWC. MA is paid by the
Department of Social Security at the lesser of the MA standard rate or 90%
of the woman’s average weekly earnings. (Rates of MA are regularly
amended by the Department of Social Security.)
3. Notification of Maternity Leave
3.1 To claim maternity leave the employee must complete the Maternity Leave
Planning Form – Commencement of Maternity Leave and give this to her
manager no later than the end of the 15 th week before the EWC. For the
purposes of claiming SMP the employee must give her manager at least 28 days’
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notice of the date she wishes to start receiving her SMP (if she has not already
done so when giving the notice required for leave).
3.2 Change of Leave Dates
An employee can change the maternity leave dates previously notified to her
manager as long as she notifies her manager in writing of the new start date by
whichever is the earlier of:
•
•
28 days before the date she originally intended to start her leave, or
28 days before the new date she wants to start her leave
unless it is not reasonably practicable to do so, in which case she must notify her
manager as soon as is reasonably practicable.
3.3 Notification of end of leave
As long as the employee has provided proper notification of her intended start
date for maternity leave, the Human Resources Department will write to her
notifying her of the end date of her leave. This letter will be sent to the
employee within 28 days of receiving the employee’s notification.
4. Return to Work
4.1 An employee is entitled to return to the same job on the same terms and
conditions after she has been absent on Ordinary Maternity Leave unless a
redundancy situation has arisen. In this situation the Organisational Change
Policy and Procedure would be implemented. After Additional Maternity Leave
an employee is entitled to return to the same job on the same terms and
conditions as if she had not been absent. However, if it is not reasonably
practicable for her to return to the same job she should be offered a similar job
on terms and conditions that are no less favourable than her original job. If a
redundancy situation has arisen while the employee is absent on Additional
Maternity Leave the Organisational Change Policy and Procedure would be
implemented.
4.2 An employee who goes on maternity leave has no automatic right to return on
any varied terms or conditions, but the Trust will aim to be as flexible as possible
in accommodating requests for reduced or altered working hours. Whilst the
needs of the service are paramount, all requests will be given serious
consideration. Please see the Trust Policy on Flexible Working for further
information.
4.3 If a variation is not reasonably possible then the Trust may refuse to make such
a change and expect the employee to return on her original terms and
conditions. If an employee believes that the Trust has not allowed a reasonable
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alteration to her contract, and she feels it is not possible for her to return on the
original terms, then she may refer to the Grievance Policy and Procedure.
4.4 Unless the employee notifies her line manager otherwise, the date on which she
returns to work will be the first working day after the end of her 26 weeks’
Ordinary Maternity Leave period, or if she qualifies for Additional Maternity
Leave, the first working day after the end of her 52 weeks’ Ordinary and
Additional Maternity Leave combined. The Trust will have previously notified the
employee of this date.
4.5 An employee who does not wish to return to work after Ordinary and/or
Additional Maternity Leave must give the Trust notice of termination as required
by her contract of employment.
5. Early Return to Work
5.1 If the employee intends to return to work before the date the Trust has notified
her of she must give her manager 28 days’ notice of the date of her return.
Where an employee qualifies for Additional Maternity Leave but only wishes to
take Ordinary Maternity Leave she must give her manager 28 days’ notice of her
return to work because she will be returning to work before her full maternity
leave entitlement has ended.
5.2 An employee is disqualified from receiving SSP throughout the whole of the 26
week period of entitlement to SMP or MA. Therefore, should an employee return
to work before the end of her Ordinary Maternity Leave period and be absent
due to sickness before the end of the period she will not receive Statutory Sick
Pay but will revert to maternity pay, if applicable.
It is unlawful for an employee to return to work within two weeks of
giving birth.
6. Postponement of Return
6.1 If the employee attempts to return to work early without giving her manager 28
days’ notice the Trust may postpone her return until 28 days’ notice has been
given, but the return date must not be later than the end of her Ordinary or
Additional Maternity Leave. In these circumstances the employee is not entitled
to receive wages or salary if she returns to work during the period of
postponement.
6.2 There is no provision for postponement of return to work by an employee after
the end of Additional Maternity Leave. If she is ill, the normal Trust rules on sick
leave would be applicable (see section 12 below). If the employee does not
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return on the due date, the Trust will deal with the non-attendance by referral to
appropriate Trust Policies and Procedures.
7. Contract of Employment
7.1 The contract of employment continues throughout Ordinary and Additional
Maternity leave, during which all terms and conditions of employment apply as if
the employee were not absent, with the exception of any terms and conditions
regarding remuneration (that is salary or wages payable to an employee for her
work).
7.2 Employees who take unpaid leave and are superannuable are required to
contribute to the pension scheme, unless they opt out of the pension scheme for
that period. For those who remain in the scheme, outstanding contributions will
be recouped upon return to work, eg if 3 months unpaid leave is taken, then
pension contributions will be recouped over the 3 months following return to
work. Employees who wish to opt out should complete the Maternity Leave
Planning Form – NHS Pension Scheme Opt Out Form. Opting out of the pension
scheme will affect the final pension that the woman receives.
7.3 If an employee entitled to Additional Maternity Leave has no intention of
returning to work she will lose her entitlement to unpaid leave. Her contract will
continue for the 26 week Ordinary Maternity Leave period only.
8. Detrimental Treatment
8.1 Employees have the right not to be subjected to detrimental treatment on the
grounds of pregnancy, childbirth, maternity, or by virtue of having taken
Ordinary or Additional Maternity Leave. Employees who feel they have been
subject to detrimental treatment may refer to the Grievance Policy and
Procedure.
8.2 If a pregnant employee, or an employee on maternity leave, is dismissed she will
receive accurate, written reasons for her dismissal. She does not have to request
them. She is entitled to this statement regardless of her length of service.
8.3 Detrimental treatment, or dismissal, on grounds of pregnancy or childbirth may
also amount to unlawful sex discrimination. It is not unlawful for an employer to
dismiss an employee if the grounds are wholly unrelated to her pregnancy or
childbirth, unless the dismissal is unfair for some other reason.
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9. Accrual of Annual Leave
9.1 An employee continues to accrue annual leave whilst she is absent from work on
Ordinary Maternity Leave and Additional Maternity Leave up to a maximum of
four weeks in accordance with the Working Time Regulations, 1998.
9.2 Normal contractual provisions state no more than 5 days’ annual leave,
dependent on the needs of the service, may be carried forward into the next
financial year. In the case of maternity leave, annual leave accrued may be
carried forward. Howeve r to promote equity and fairness, whenever the service
need allows, an employee should attempt to take as much of her normal accrued
annual leave as possible prior to commencement of maternity leave.
Arrangements for taking annual leave must be agreed by the Manager.
10. Antenatal Care
10.1 A pregnant employee, regardless of her length of service, is entitled to
reasonable time off for antenatal appointments. The appointment should be
made on the advice of a doctor, midwife or health visitor and includes not just
medical examinations but also, for example, relaxation and parentcraft classes
(as long as these are advised by a registered medical practitioner). The pregnant
employee is entitled to be paid her normal rate of pay for this time off.
10.2 The employee must show on request from her manager a certificate from a
doctor, midwife or health visitor confirming that she is pregnant and also an
appointment card or some other document showing that an appointment has
been made, except in the case of a first appointment.
11. Health and Safety
11.1 The Trust has a responsibility to assess risks to the health and safety of their
employees. If a risk is identified that could jeopardise the health and safety of a
new or expectant mother or her baby, the Trust should first consider removing
the hazard or preventing exposure to the risk. If the risk still cannot be avoided,
further steps to protect her health and safety must be taken - changes in her
working conditions or hours, offers of suitable alternative work or, if this is not
available, suspension from her work, with pay, for as long as is necessary to
protect her health and safety or that of her child. This includes working at night
if she has a medical certificate stating night work could damage her health.
11.2 The manager should refer the employee to the Occupational Health Department
or seek advice from the Health and Safety Adviser should they be concerned
about any risks.
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12. Sickness Absence
12.1 Should an employee become sick earlier than the fourth week before the EWC
with a pregnancy related illness, from which she recovers and returns to work,
the normal sick leave and pay provisions will apply.
12.2 Should an employee be absent due to sickness which is pregnancy related, then
maternity leave starts automatically on the day after the first day of absence
following the beginning of the fourth week before the EWC. This applies even if
the day of absence is before the date the employee has notified as the date on
which she intends her leave to start.
12.3 If the illness is unrelated to the employee’s pregnancy she can remain on sick
leave and receive sick pay, if entitled, right up to the date of the baby's birth, or
until the date she has notified as the date on which she intends her maternity
leave to start.
12.4 In order to preserve her rights, the employee must give her manager notice, as
soon as reasonably practicable, that she is absent from work wholly or partly
because of pregnancy. This notification should be in writing, using the Maternity
Leave Planning Form – Pregnancy Related Illness Form.
12.5 Odd days of pregnancy-related illness may be disregarded at the manager’s
discretion if the employee wishes to defer the start of her maternity leave
period.
12.6 Should an employee be unable to return to work at the end of her Ordinary or
Additional Maternity Leave as a result of sickness, then a doctor's certificate will
be required and the normal sickness provisions will apply. The Trust's normal
arrangements for managing sickness absence will become operative, including
the requirement for an Occupational Health assessment.
12.7 Pregnancy related illness during the period from the start of pregnancy to the
start of maternity leave cannot be taken into account for the computation of a
sickness period justifying an employee’s dismissal.
13. Maternity Rights in the Event of the Hospitalisation of a Baby
13.1 Should the employee's baby require hospitalisation it may be appropriate to
consider splitting maternity leave. There are a number of conditions which apply
to this provision:
• It is discretionary, the manager will take a view based on the service needs
in place at that time.
• The employee must be medically fit to resume normal working duties
evidenced by a medical certificate.
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• The employee must not return to work during the two week statutory core
period. All maternity payments are suspended during the period an
employee is at work and she will be in receipt of normal pay.
13.2 There is no facility to extend paid maternity leave. Any additional leave granted
will be unpaid.
14. Maternity Rights in the Event of a Stillbirth or Miscarriage
14.1 If an employee miscarries earlier than the 24th week of her pregnancy she will
not qualify for maternity leave, SMP or Maternity Allowance. If she takes
sickness absence from work she will be paid her contractual sick pay.
14.2 An employee who has a stillbirth from the 24th week of pregnancy onwards
would be eligible for maternity leave and pay in the usual way.
14.3 An employee who gives birth to a live child, even if the child later dies, at any
point in her pregnancy will be entitled to maternity leave and pay in the usual
way.
15. Employees on Fixed Term or Training Contracts
15.1 Employees subject to fixed term or training contracts which expire after the 29th
week of pregnancy and before six weeks after the expected week of childbirth
shall, subject to the qualifying conditions, have their contracts extended so as to
enable them to receive 26 weeks’ maternity leave.
15.2 The contract will not be extended to cover a period of unpaid leave, but in the
case of employees who have two or more years continuous NHS service, full or
part time, an absence prior to their return to work in their next appointment for
up to 29 weeks commencing with the week in which childbirth occurs will not
constitute a break in service for the purpose of this section.
15.3 Where an employee is participating in a planned rotation of appointments as part
of an agreed programme of training, she shall have the right to return to work in
the same post or in the next planned post with the same or another employing
authority, irrespective of whether the contract would have ended if pregnancy
and childbirth had not occurred. In such circumstances the contract will be
extended to enable the employee to complete the agreed programme of training.
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