Time Off for Antenatal Care

3.1MATERNITY POLICY

This policy applies to the birth mother of a child
For the purposes of this policy, a week can begin on any day.

TIME OFF FOR ANTENATAL CARE

You are entitled to take reasonable time off during normal working hours to receive antenatal care, although wherever possible you should arrange appointments at the start or end of your working day. Antenatal care includes appointments with your GP, hospital clinics and any other appointments made on the advice of a doctor, midwife or health visitor. Shift workers should make every effort to take their appointments outside of their working day.

You must ensure that your Line Manager is given as much notice as possible of the date and time of your appointment. You may be asked to produce your appointment card. There will be no deduction from salary for attendance at authorised antenatal appointments.

MATERNITY LEAVE

Ordinary Maternity Leave:

You are entitled to a 26-week period of Ordinary Maternity Leave irrespective of your length of service or the number of hours you work each week.

Additional Maternity Leave:

You are entitled to take an additional period of maternity leave of a further 26 weeks commencing immediately following ordinary maternity leave (52 weeks in total).

When does maternity leave begin?:

You can start your maternity leave at any time after the start of the 11th week before the expected week of the birth of your child.

The only exceptions to this are:

if you are absent for a pregnancy-related reason at any time after the start of the 4th week before your child is due, then your maternity leave will start on the first day after your absence;
if your child is born before you intended to start your maternity leave, your maternity leave starts on the day after your child is born.

If you do decide to work after the start of the 4th week before your child is due, in the interests of your own health and safety, you should obtain your doctor's confirmation of continuing fitness for work. A doctor's certificate confirming this should be submitted to Human Resources.

NOTIFICATION REQUIREMENTS

Before your maternity leave begins:

By the end of the 15th week before the expected week of childbirth or, if this is not possible, as soon as you can, you must notify Human Resources in writing that you are pregnant, the date on which you want your maternity leave to start and the week in which your child is due.

An appropriate form for notification can be obtained from Human Resources. You should make sure that when you return that form to Human Resources you also enclose a Form MAT B1 signed by your doctor. Within 28 days of receipt of this notice Sport Wales will write to you to confirm your leave entitlement and identify the date by which you must return to work.

If maternity leave has not started at the time your child is born, it will start on that date. In such circumstances, you must notify Human Resources as soon as you can of the birth.

Once the end of 15th week notice is given you may only vary the start date of your maternity leave by giving 28 days' notice.

Returning from maternity leave:

You must give Human Resources eight weeks advance notice of the date on which you want to return. More notice would be helpful if possible. If you do not give the required notice, Sport Wales may postpone your return so that they have received eight weeks notice.

You will not be allowed to return to work within two weeks immediately after the birth of your child.

You will be treated as having resigned if you inform Sport Wales in writing that you do not intend to return to work.

The period of 52 weeks may be extended by up to 4 weeks, if the employee sends Sport Wales, before the due date, a medical certificate of incapacity.

Extending maternity leave on medical grounds:

If you are too ill to return to work at the end of your maternity leave period the normal rules on sick leave will apply. Please let Human Resources know of your situation as soon as possible so that your absence may be treated appropriately.

STATUTORY MATERNITY PAY (SMP)

You are entitled to SMP if you have at least 26 weeks' service with Sport Wales by the end of the 15th week before your expected week of childbirth. It is payable whether or not you intend to return to work and is not repayable if you do not return to work. SMP is payable for a maximum of 26 weeks, commencing at the start of the period of maternity leave.

SMP is based on your qualifying average weekly earnings (basic pay) over the eight weeks up to and including the last pay day before the end of the 15th week before the baby is due. SMP is subject to deductions for tax and National Insurance Contributions. SMP rates are as follows:

90% of your qualifying average weekly earnings for the first six weeks of your SMP period and;
the current lower flat rate per week thereafter while you remain on maternity leave up to a maximum of 33 weeks (or 90% of earnings for the full 39 weeks if your average weekly earnings are less than the current lower flat rate) SMP rates are available on the intranet.

If you return to work before the 39 weeks’ statutory, maternity pay has been used up, these payments will stop.

Maternity Allowance:

If you do not have 26 weeks' service at the 15th week before the expected week of childbirth, or earn below the lower earning limit, you may not qualify for SMP and should claim Maternity Allowance. Maternity Allowance is not paid by Sport Wales but by the Department for Work and Pensions. For further advice on the Maternity Allowance, please contact your local Department for Work and Pensions’ office.

Sport Wales’ Occupational Maternity Pay (OMP):

If you have more than 52 weeks' continuous service with Sport Wales at the 15th week before your baby is due, you are entitled to both SMP and Sport Wales’ OMP.

To receive OMP, you must undertake (by completing the appropriate form obtainable from Human Resources) to return to work for at least three months at the end of your maternity leave. If you do not return to work after your maternity leave or resign before you have completed three month's service after your return, you will be required to repay all OMP you have

received in excess of your entitlement to SMP. SMP and OMP is paid by Sport Wales via the payroll on a monthly basis.

Maternity pay is provided as follows for births due after 1 April 2007:

SMP for the first 6 weeks at 90% of average weekly earnings
SMP for the next 33 weeks at the lower flat rate
For the first 26 weeks you will receive a ‘top up’ so that the amount you receive (OMP and SMP together) will be equivalent to 100% of your basic salary.

Repayment of OMP may be waived at the discretion of Sport Wales in circumstances where:

with your agreement, there are good management reasons why you will not return to work; or
where Sport Wales believes that there is a genuine intention on your part to return which cannot be realised because of exceptional circumstances.

Occupational Maternity Pay will only be paid where there is an eligibility to Statutory Maternity Pay.

CONTRACTUAL BENEFITS

When you are absent on Ordinary and Additional Maternity Leave, providing you have given the required notice as detailed above, you will be entitled to the following:

To continue to accrue annual leave entitlement which may be taken within 12 months of your return to work.
Other contractual benefits will also be continued.
You will continue to be covered by any death-in-service benefit.

Contractual annual leave entitlement accrues during your full period of Ordinary and Additional Maternity Leave.

During Ordinary and Additional Maternity Leave, you are required to comply with all of Sport Wales’ terms and conditions of employment and remain subject to Sport Wales’ rules, policies and procedures during your absence.

Pension:

Your absence during OML and AML will be treated as pensionable service. If applicable, during the OML Sport Wales will continue to make contributions to the Local Government Pension Scheme (“the Scheme”) calculated on the remuneration you would have been receiving if working normally. Your personal contributions to the Scheme will be based on the amount of pay, if any, you actually receive during your maternity leave and not on your normal salary. You may choose to continue employee contributions to the pension scheme during the AML if you wish or make payments to the scheme upon your return to work. Further information about pensions can be obtained from Human Resources.

Continuity of employment:

For both statutory and contractual purposes, continuity of employment is not broken by Ordinary or Additional Maternity Leave. This means that the full period of maternity leave counts for calculating continuous employment for statutory and contractual purposes.

Your contract of employment will continue during Ordinary and Additional Maternity Leave although, of course, you will not be obliged to work nor will Sport Wales be obliged to provide you with work.

Health and Safety:

Sport Wales will carry out an assessment of the risks to all pregnant employees, new mothers and breast feeding mothers who work for Sport Wales.

You should advise your line manager as soon as possible that you are pregnant, have given birth in the last six months, or are breast feeding, to allow adequate protection to be provided to you.

If your job is identified as carrying any risk for you or your unborn child, you will be notified immediately and arrangements will be made to remove you from those risks. This may mean that your working conditions are altered or that you are offered another more suitable job for the duration of your pregnancy. If neither of these options is possible, Sport Wales is obliged to suspend you on full pay until you are no longer at risk.

If you have any concerns about your own health and safety at any time you should speak to Human Resources immediately.

KEEPING IN TOUCH

The Human Resources team will send you relevant information during your maternity leave so you can keep in touch with what’s going on at Sport Wales.

You may come into work for up to 10 days during your maternity leave for training or briefing sessions so you remain up to date with changes at Sport Wales. You are not obliged to come in. If you choose to come in during your maternity leave when you would only have received statutory maternity pay, or no pay, your normal pay would be provided. This will be treated as pensionable.

1.2PATERNITY POLICY

TIME OFF FOR ANTENATAL CARE

You are entitled to take reasonable time off during normal working hours to attendtwo antenatal care with your partner, although wherever possible you should arrange appointments at the start or end of your working day. Antenatal care includes appointments with your GP, hospital clinics and any other appointments made on the advice of a doctor, midwife or health visitor. Shift workers should make every effort to take their appointments outside of their working day.

You must ensure that your Line Manager is given as much notice as possible of the date and time of the appointment. You may be asked to produce your appointment card. There will be no deduction from salary for attendance at authorised antenatal appointments.

ORDINARY PATERNITY LEAVE

Eligibility:

All employees will qualify for ordinary paternity leave and pay if they:

Have, or expect to have, responsibility for the child’s upbringing; and
Are the father of the child; the mother’s husband; Civil Partner or Partner of the opposite or same sex who live with the mother in an enduring family relationship; and
Have worked continuously for Sport Wales for 26 weeks by the 15th week before the baby is due or by the end of the week in which you are notified of having been matched with a child.

Leave:

If you qualify for ordinary paternity leave, you are allowed to take a single block, of one, two or three consecutive weeks, of paternity leave. You are not able to take a period of less than one week.

You may start your ordinary paternity leave on any day of the week on or following the child’s birth. In the case of adoption you may begin any time from the date of the child’s placement with the adopter.

Ordinary paternity leave must be completed within 56 days of the actual date of birth of the child or adoption placement or within 56 days after the expected week of birth if the child is born early.

Only one period of ordinary paternity leave will be available even for multiple births.

Pay:

Ordinary paternity pay is payable at the same rate as the lower rate of statutory paternity pay, or 90% of average weekly earnings (if this is less than the lower rate of statutory paternity pay). If your earnings are less than the lower earnings limit for National Insurance purposes, you will not be entitled to statutory paternity pay and should obtain further information from your local Jobcentre Plus office or department for work and pensions.

If you are eligible for statutory paternity pay you will also receive a ‘top-up’ which means that you are paid your normal basic salary for the duration of your ordinary paternity leave.

Notice Requirements:

You should inform the Human Resources department in writing of your intention to take ordinary paternity leave, not later than the 15th week before the baby is expected, or within seven days of being told by the adoption agency that you have been matched with a child. Forms are available from the intranet, or from Human Resources. You will be asked to provide the following information:-

the week in which the baby is due or when the child is expected to be placed with you for adoption;
whether you wish to take one, two or three weeks’ leave;
the date on which you would like your leave to commence.

Once you have provided your initial notification, you may change the date on which you wish your ordinary paternity leave to commence. You should, where practicable, give the Human Resources’ Department 28 days’ notice of any change.

ADDITIONAL PATERNITY LEAVE AND PAY

Eligibility

You will also qualify for additional paternity leave if you meet the eligibility criteria for ordinary paternity leave. In addition the baby’s mother or adopter must also:

Have been entitled to statutory maternity leave, statutory maternity pay, maternity allowance or statutory adoption leave or pay.
Have returned to work with at least two weeks of unexpired statutory maternity leave entitlement remaining.

A return to work means the mother has resumed working. A period of annual, sick or parental leave directly after the maternity leave is not a return to work.

Leave

You can choose to take between two and 26 weeks’ additional paternity leave. If your partner has returned to work, the leave can be taken between 20 weeks and one year after your child is born or placed for adoption.

Pay

If you meet the criteria for ordinary paternity pay you will be entitled to receive additional paternity pay during your partner’s 39 week statutory maternity pay, maternity allowance or adoption pay period as follows:

Leave taken after the 39 weeks will be unpaid
Leave taken prior to 39 weeks following the start of the mother/adopter’s pay period will be at the statutory paternity pay rate
Leave taken prior to 26 weeks following the start of the mother/adopter’s pay period will receive statutory paternity pay plus a ‘top up’ to normal basic pay

Notice Requirements

You must inform the Human Resources department in writing at least eight weeks before you want to start your leave. The form (SC7 for births, SC8 for adoptions) is available from the intranet, or from Human Resources. You will be asked to provide the following information:

when the baby was due, the date you matched for adoption
the actual date of the baby’s birth, placement for adoption
when you want to start and finish your additional paternity leave and pay
that you are the father of the child; the mother’s husband; Civil Partner; or Partner of the opposite or same sex
that you are taking leave to care for the child.

The child’s mother must also sign the form (SC7/SC8) stating:

their name, address and National Insurance number
they were entitled to either statutory maternity pay, maternity allowance or statutory adoption pay
they have given notice of their intention to return to work and they date they intend to return to work
the start date of their statutory maternity pay, maternity allowance or statutory adoption pay period
you are the only person taking additional paternity leave or pay in respect of the child
they consent to your employer processing the information given in the declaration

You may be required to supply a birth certificate and/or employment details of the mother or adopter that has taken adoption leave.

Within 28 days of receipt of this notice Sport Wales will write to you to confirm your leave entitlement and identify the date by which you must return to work.

You must give at least six weeks’ notice if you wish to change the date of your leave or if you no longer wish to take your leave.

Terms and Conditions