Cornwall Health Community
Including
Cornwall & Isles of Scilly PCT
CornwallFoundation Partnership Trust
Royal Cornwall Hospitals Trust
Peninsula Community Health
Kernow Clinical Commissioning Group
MANAGER’S GUIDE
on
Maternity, Safe Employment
and
Risk Assessment
INSTRUCTIONS
Please complete your name and expected date of confinement below then give this booklet to your manager when you inform them of your pregnancy.
The Risk Assessment form inside should be completed jointly by the Manager and the pregnant member of staff and filed in the persons “Personal” file.
Employee Name …………………………………………………………………………………….
Expected Date of Confinement …………………………………………………………………..
LEGISLATION AND MANDATORY REQUIREMENTS
The information in this Guide, as advised in the following documents, affects the Maternity Leave and Pay of all NHS employees whose babies are due on or after 5 October 2008. Employment Relations Act 2002, Agenda for Change Terms & Conditions of Employment handbook, Work & Families Act 2006, The Sex Discrimination Act 1975 (Amendment) Regulations 2008
Duties on employers under the Management of Health and Safety at Work Regulations 1999in respect of new, expectant or breastfeeding mothers.
The law requires every employer to assess workplace risks for all their employees, and take practical action to control those risks. In addition, employers must take particular account of risks to new and expectant mothers. The definition of a new or expectant mother is someone who is pregnant, has given birth within the previous six months, or is breastfeeding. You must identify hazards in the workplace that could pose a health or safety risk to new and expectant mothers and take appropriate action to remove or reduce the risk. You must also make this information known to all your female employees of childbearing age, not just those who have informed you they are pregnant. This is particularly important for expectant mothers, as it is possible for the first 4-6 weeks of pregnancy to go undetected.
The risk assessment should be carried out in line with your Trust Policy however, the checklist and flowchartfound at the back of this booklet can be used if required. A summary of the different stages of Risk Assessment are detailed as follows:
-Stage One – a Risk Assessment of the Workplace for all employees, which should also include any specific risks to women of childbearing age who could become pregnant and any risks to new or expectant mothers.
-Stage Two – should be carried out when you are notified that a member of staff is pregnant. This Risk Assessment is specific to that member of staff and is based on the initial assessment and any medical advice you have provided from their GP or Midwife.
-Stage Three – is a system of ongoing review of the assessment carried out at Stage two.
-Stage four – should be carried out when the member of staff returns to work.
Certificates you may receive to convey any medical advice or an application for Maternity leave.
- Medical Certificate (Fit Note) - Doctors are required to record advice given to patients about their ability to perform their own or usual type of occupation on medical statements. Where the doctor considers work adjustments are required during pregnancy and breastfeeding, the doctor should record this advice to the employee (and employer) in the ‘remarks’ section on the certificate
- Maternity Certificate (MAT B1) - When your employee wishes to apply for Maternity Leave and/or Maternity Pay or Maternity Allowance she should provide her employer with certificate MAT B1, which is issued around the twentieth week of pregnancy. A doctor or a registered midwife can complete the MAT B1.
CHRONOLOGICAL ORDER OF EVENTS
Please follow this guide in chronological order and use it as a checklist to ensure that you are adhering to legislation. This has been produced to guide you through the Maternity process and actions required by you for this specific staff member.
1Months 0 – 6 of pregnancy - You have been informed by a member of staff that they are pregnant.
A member of staff is required by law to give at least 15 weeks notice that they are pregnant and intending to go on maternity leave however, we recommend that they inform you as early as they feel comfortable so you can assess any risk posed by working whilst pregnant. A copy of the form provided at the end of this guide is also included in the ‘Your Guide to being Pregnant at Work’ booklet and should be completed by the employee and handed to their line manager to notify them of their pregnancy.
Have you or your member of staff informed the Childcare Co-ordination Team of the pregnancy? This will trigger a Maternity Pack to be sent to your member of staff.
All staff are entitled to 52 weeks Maternity Leave. Staff that have been working for the organisation for 1 week before becoming pregnant are entitled to 39 weeks statutory paid maternity leave (subject to paying sufficient National Insurance Contributions) and a further 13 weeks unpaid leave. Staff with at least 12 months service at their 29th week of pregnancy (without a break in service of not more than 3 months) will receive Occupational maternity pay in excess of the statutory amounts above. For a breakdown of the pay entitlement you can contact the Childcare Co-ordination Team (numbers available at the back).
Have you carried out a Stage Two risk assessment?You need to ask the staff member to help with the risk assessment. This is particularly to take account of any medical advice she has received. Your staff member can ask to see the outcome of the risk assessment and any associated Action Plans and therefore you must make it available to them.
If risks were identified have you taken action to reduce or remove the risk? If this has not resolved the risk then for example; Consider Temporarily adjust working conditions/hours, offer suitable alternative work, if any is available or suspend the employee from work on paid special leave. Further advice can be obtained from your HR Department on employment issues and on risk / safety issues from Health and Safety Services.
Have you allowed paid time off for antenatal appointments? This should be allowed throughout the pregnancy and you can request a copy of their appointment card. Sometimes a GP or Midwife advises attendance at parent craft and relaxation classes - paid time off should be permitted. Antenatal appointments get more frequent as the pregnancy progresses.
2Months 6-9 of the pregnancy
Have you carried out a Stage Three risk assessment, this an ongoing review specific to that member of staff and is based on the stage two assessment and any medical advice you have been provided with from their GP or Midwife.
If risks were identified have you taken action to reduce or remove the risk? For example; temporarily adjust working conditions/hours, offer suitable alternative work, if any is available or suspend the employee from work on paid special leave. Your staff member can ask to see the outcome of the risk assessment and any associated Action Plans and therefore you must make it available to them. Further advice can be obtained from your HR Department on employment issues and on risk / safety issues from Health and Safety Services.
Administration. Just before the member of staff has reached their 25th week of pregnancy they will give you their completed forms requesting maternity leave along with their MATB1. You need to ensure a Manager who is authorised to sign Contract amendment forms signs the Application form. Maternity leave can start on any day of the week., prior to the day the baby is due Send these forms and the MATB1 to the Childcare Co-ordination Team, Lamorna House, RCHT, Truro, TR1 3LJ, who will carry out any necessary checks and make sure that the forms go to the relevant departments. There is no need to complete a CAF. You will only need to do a CAF if the date needs to be changed. Once the Childcare Co-ordination Team has received the maternity forms and MATB1 they will write to the employee. This letter will confirm the date that the maternity leave will end, the break down of their pay and any annual leave that you have agreed can be taken at the end of the Maternity Leave period. A copy of the letter will be sent to you for your information.
Fixed term contracts. If your member of staff has 12 months continuous service with one or more NHS employers, is on a fixed term contract and the contract will expire after the eleventh week before the expected week of childbirth, you need to extend the FTC to cover the period of 52 weeks maternity leave. If the contract ends after the 25th week of pregnancy but before the 29th week of pregnancy and the staff member qualifies for statutory maternity pay, you will need to extend the contract to cover the 39 weeks of paid maternity leave.
Cover. You need to consider how to provide cover for your member of staff if they are returning or whether you need to replace them if they have decided not to return. Contact the Recruitment Department regarding advertising if this is required.
Leave. Annual leave will accrue in accordance with your member of staff’s contract throughout the 26-week period of Ordinary maternity leave and 26-week period of Additional maternity leave. Where the amount of accrued annual leave would exceed normal carry over provisions (i.e. One week) it may be mutually beneficial to both yourself and your member of staff for them to take annual leave before and/or after their maternity leave period. The amount of annual leave to be taken in this way, or carried over, should be discussed and agreed. E.g. If the return to work would be in January or February and the employee would have difficulty in fitting in their annual leave or if the maternity leave goes over into the next holiday year. The amount of leave to be taken in this way or carried over must be discussed and mutually agreed by you both. The amount of leave to be taken at the end of the maternity leave period must be recorded on the employee’s application for Maternity Leave forms to enable the Childcare Co-ordination Team to confirm this in writing as above.
2Months 6-9 of the pregnancycontinued
Sickness. If the employee is sick and it is NOT pregnancy related you need to follow normal sickness guidelines. If your employee is sick at any time during the 4 weeks prior to their due date and their sickness IS PREGNANCY related they will commence maternity leave at the beginning of the fourth week before their expected week of childbirth or the beginning of the next week after they last worked, whichever is the later. Odd days of pregnancy related illness during this period may be disregarded if they wish to continue working until the maternity leave start date that they previously advised. You will need to complete a Contract Amendment to notify of the changed maternity leave start date if this is appropriate.
If things go wrong with the pregnancy. If the baby is still born at or after the 24th week, the member of staff is still entitled to the full maternity leave. If the baby is born before the eleventh week before the expected week of childbirth, and your employee has worked during the actual week of the birth, then their Maternity Leave will start on the first day of their absence. If they are off sick at the time of the birth then their Maternity Leave will commence at the beginning of the week of the birth of their baby. You will need to do an amended CAF if the start date of the maternity leave is affected.
Any other scenario. There are sometimes other questions apart from the above which are not easily answered collectively and need to be looked at individually. If you have one of these questions please contact the Childcare Co-ordination Team who in conjunction with your HR Department will be able to help you.
Keeping in touch. Before going on leave, the employer and employee should discuss and agree any voluntary arrangements for keeping in touch during the employee’s maternity leave. These can include any developments at work that the employee may find helpful and nearer the time of her return, to help facilitate her return to work. The member of staff can help by keeping you informed of any developments that may affect her intended date of return. As a Manager you may make reasonable contact with your member of staff during their maternity leave in this respect. Employees may, if mutually agreeable with the Trust, do up to 10 days paid work, known as Keeping in Touch days under their contract of employment during their maternity leave. The nature and type of work is to be mutually agreed and could also be used for things like attending a team meeting, training activity or conference etc. Payment for Keeping in touch days may not be made until they have returned to work or may be offered as Time off in Lieu of Payment. This should be mutually agreed beforehand.
3 Following the Birth
The employee should notify you of the exact date their baby was born. You must assume that your staff member is going to take their full entitlement to Maternity Leave. However, if they wish to return early they must notify you in writing of their intended return to work date 28 days prior to returning. The member of staff has the right to return to work in their existing job.
You will need to complete a Contract Amendment returning every person on Maternity Leave to work even if the member of staff takes their full entitlement.
4 Return to work
There are new rights for employees in relation to requesting to work flexibly for those who have children between the ages of 0-16 or 18 if the child receives Disability Living Allowance and when returning to work following maternity leave. Please see the separate leaflet on Managing Flexible Working Requests (available from your HR Department or the Childcare Co-ordination Team).
Carry out a Stage Four-risk assessmentIf risks are identified have you taken action to reduce or remove the risk? If so complete the necessary Action Plan and make the required changes to reduce or remove the risk as above.
- Nightwork. Working nights can fit in very well for new mothers and some employees may request to work only nights. There is no reason from a health and safety point of view that this can’t be done unless there is a specific work risk which the GP or midwife is concerned about and has provided a medical certificate stating that the employee must not work nights. If this is the case then you must offer the employee suitable alternative day work. If this is not possible, then suspend the employee from work on paid leave for as long as necessary to protect the health and safety of the employee and/or that of their child.
- Breastfeeding.On returning to work the employee should provide you with written notification that they are breastfeeding so it can be taken into consideration in the Stage Four risk assessment The Trust supports the Health & Safety Executive recommendations to provide a private, healthy and safe environment for nursing mothers to express and store milk (but this is not a legal requirement). It is not suitable to use toilets for this purpose. If the employee’s normal duties prevent her from successfully doing this then you must follow the same advice as it a risk had been identified.
WHERE CAN I GET FURTHER INFORMATION?
For full details of the risk and safety element please contact Health & Safety Services on the number below .below. For full details of all other elements of the policy you can contact the Childcare Co-ordination Team on 01872 25 247635 6705or your local HR department.
USEFUL NUMBERS (INTERNAL NUMBERS IN BOLD & BRACKETS)
Human Resources Departments
KCCGemail -
Royal Cornwall Hospitals Trust01872 25 8127
RCHT Medical Staffing01872 25 2478
Cornwall Foundation Trust01726 87 3211
Peninsula Community Health
North & East 01579 33 5636
Mid01326 43 4746
West 01209 88 1714
Other Departments
Childcare Co-ordination Team01872 25 2476
Lease Car Administrator01208 25 1492
Payroll Department01872 25 (RCHT) 8406 (PCH/KCCG) 8427 (CFT) 8418
Pensions Department01872 25 8423
Occupational Health01872 25 2770
Health & Safety Advisors
PCH 01209 88 8208
RCHT 01872 25 2266
CFT 01726 29 1268 or
01208 251520
Produced by Linda Carpenter, Childcare Co-ordinator in liaison with Health & Safety Services11/01/19Version 2 – Review date 01/04/2014
FLOWCHART GUIDE TO RISK ASSESSMENT ACTION
STAGE 1Initial Risk Assessment / Initial health and safety risk assessment, New, expectant and breastfeeding mothers. (This should be part of the General risk assessment carried out by all managers. It is highlighted here as a reminder). It will need to be carried outNOW if not previously done.