Firstly, Congratulations on your forthcoming event! This booklet is designed to guide you through your maternity rights and over the next few pages there are questions and answers to help you. If you have any further questions please speak to your manager in the first instance.
Contents (add hyperlink to take you to the appropriate section)
Topic / Page Number- Informing my Employer
- My entitlements
- Payments
- Shared Parental Leave
- Sickness Absence during pregnancy
- After my baby is born
- Fixed Term/Training Contract
- Keeping in touch
- Returning to work
- Childcare
1. Informing My Employer
Q1.1What Evidence Do I Need To Give My Employer?
A1.1If you are expecting a baby you will need to submit to your manager a MATB1 form or a letter from your midwife or doctor that confirms the week your baby is due. This week is called the Expected Week of Confinement or EWC.
Q1.2When Should I Tell My Manager That I’m Expecting A Baby?
A1.2You should tell your manager as soon as possible but no later than 15 weeks before the EWC. You will receive a MATB1 from your midwife or GP once you are at least 20 weeks pregnant. To find the 15th week before the EWC, find the Sunday before the due date (unless your baby is due on a Sunday, in which case use the due date), and count back 15 weeks.
Q1.3Will I Receive Written Confirmation from My Employer?
A1.3Yes, Once you have informed your employer of your maternity leave your employer has 28 days to write to you confirming the date your maternity leave will end. If you are not entitled to Statutory Maternity Pay (SMP), you will also be given a Form SMP1, which you should use to claim Maternity Allowance from Job Centre Plus.
2. My Entitlements
Q2.1Am I Allowed Time Off For Ante-Natal Care?
A2.1Yes, but you must provide evidence of appointments and give your Manager reasonable notice of your leave.
Q2.2How Long Am I Entitled To Take Off Work for my Maternity Leave?
A2.2All pregnant employees are entitled to take up to 52 weeks' statutory maternity leave (SML) around the birth of their child.
Q2.3Am I Entitled To Statutory Maternity Pay (SMP)?
A2.3Do you have at least 26 weeks service with NHS Greater Glasgow and Clyde 15 weeks before your baby is due?
a) Yes, you will receive 39 weeks statutory maternity pay as long as you have at least 26 weeks continuous service with NHS Greater Glasgow and Clyde by the 15th week before the week your baby is due and your average earnings exceed the Lower Earnings Level for National Insurance purposes (£112.00 per week for 2015/16 tax year).
b) No, not if you are employed for less than 26 weeks prior to the 15th week or your average earnings are less than the current Lower Earnings Level for National Insurance purposes.
c) If you are unsure if you qualify, the payroll department can advise you on this.
Q2.4What Is The Earliest Date That I Can Receive Statutory Maternity Pay?
A2.4The 11th week before the Expected Week of Confinement unless your baby is born before this date.
Q2.5Am I Entitled To Occupational Maternity Pay (OMP)?
A2.5You will be paid OMPif you have 12 months continuous service with one or more NHS employers by the 11th week before the expected week your baby is due.
Q2.6What Counts As Continuous Reckonable Service With NHS Employers?
A2.6This includes health authorities, NHS Boards, NHS Trusts, Primary Care Trusts and the Northern Ireland Health Service. A break in service of 3 months or less will be disregarded for these purposes although will not count as service. There are other breaks in service that may be disregarded although will not count as service - these include:
- Employment under the terms of an honorary contract
- Employment as a locum with a GP for a period not exceeding 12 months.
- Period up to 12 months abroad as part of a programme of postgraduate training on advice of the PG Dean, College or Faculty Advisor in the specialty concerned.
- Voluntary service overseas with a recognised international relief organisation for a period of 12 months, this may be extended for 12 months at the recruiting employer’s discretion.
- Absence on an employment break scheme, e.g. career break, secondment.
- Absence on Maternity leave (paid or unpaid).
Q2.7Does My Manager Have Any Discretion Regarding Continuous Service?
A2.7 Yes, your employer may have discretion to extend the time periods or count service with other employers, this should be discussed with your manager at the beginning of your employment.
Q2.8What Happens If I Work For More Than One Employer?
A2.8If you work for two or more employers and meet the conditions of SMP for each, you may receive OMP and SMP from each employer.
Q2.9What If I Have More Than One Contract With NHSGGC?
A2.9Your earnings in both contracts will be aggregated and OMP will be paid once under the pay number with the highest average earnings. This is done because you can only qualify for one payment of SMP from an employer and aggregating earnings is the only way to ensure entitlements to both OMP and SMP are paid correctly. So, even if you do not satisfy the lower earnings criteria in one of these jobs, you may qualify once the earnings in each post have been aggregated.
Q2.10Do I Still Get My Full Holiday Entitlement During Maternity Leave?
A2.10Yes, Holidays are accrued during maternity leave, whether paid or unpaid. Where the amount of accrued leave would exceed the normal carry over provisions you should make arrangements with your manager for leave to be taken either prior to or immediately following your maternity leave period.
Q2.11 Do I Accrue Public Holidays During Maternity Leave?
A2.11Yes
Q2.12What Is The Earliest Date That I Can Start Maternity Leave?
A2.12The earliest that you can begin maternity leave is the 11th week before the expected week of confinement unless your baby is born before that date.
Q2.13What Is The Latest Date I Can Start Maternity Leave?
A2.13The latest date will be the baby’s birth date.
3. Payments
Q3.1SMP - What Is the Current Lower Earnings Level for National Insurance?
A3.1To qualify for SMP you must have average earnings at least equal to the Lower Earnings Level for National Insurance purposes. The rate for 2015/16 is £112.00 per week. You can find this on HMRC website (HMRC.gov.uk) under the heading “Rates and Thresholds”.
Q3.2How do I Calculate SMP?
A3.2The calculation period is the eight weeks, if you are paid weekly, up to and including the 15th week before your baby is due. If you are paid monthly, the calculation period is usually based on the last two monthly payments received before the end of the 15th week before your baby is due. To work out the weekly average if you are monthly paid, add up the pay on the payslips, divide by 2 , multiply by 12 and divide that number by 52. Pay can include holiday pay, bonuses, overtime, sick pay and any previous periods of SMP but not Maternity Allowance. National pay awards, usually effective from 1st April, which fall due after the assessment period will result in the reassessment of SMP based on values derived from the increased salary. The revised SMP will be payable from the start of the maternity leave or from the effective date of the pay award (usually 1st April), whichever is later.
Q3.3What If I Am Not Entitled To Statutory Maternity Pay?
A3.3If you do not qualify for SMP, you may still be able to receive Maternity Allowance. You must forward your MATB1 to the payroll department who will then return it to you with the relevant documentation (i.e. Form SMP1 – Statutory Maternity Pay Exclusion Form). You should take this to the Department of Work and Pensions who in turn will advise you if you qualify for Maternity Allowance.
Q3.4How Is Statutory Maternity Pay Paid?
A3.4You will receive your pay on your normal payday. SMP is paid in complete weeks. If you are monthly paid, some months will have four weeks SMP and others will have five. The number of weeks is determined by the number of Saturdays in the month. Your pay slip will be sent to your home address from your department.
Q3.5How Much Payment Will I Receive During Maternity Leave?
A3.5The payment for Occupational and Statutory Maternity Pay run concurrently and the amount you will be paid depends on your entitlement to each.
a). If you are eligible for occupational maternity pay and SMP :
8 weeks @ full pay
18 weeks @ half pay + SMP (£139.58 effective from 6 April 2015 or 90% of average weekly earnings, whichever is less) provided the total receivable does not exceed full pay.
13 weeks @ SMP only (£139.58 effective from 6 April 2015 or 90% of average weekly earnings which ever is less).
13 weeks @ no pay
b). If you are not eligible for occupational maternity pay but you do qualify for SMP :
6 weeks @ 90% of average weekly earnings.
33 weeks @ SMP only (£139.58 effective from 6 April 2015) or 90% of average weekly earnings, whichever is less).
c). If you are eligible for occupational maternity pay but do not qualify for SMP :
8 weeks full pay less **Maternity Allowance
18 weeks half pay provided half pay plus **Maternity Allowance does not exceed full pay
13 weeks **Maternity Allowance
**Maternity Allowance is not paid by NHSGGC but by Dept of Work & Pensions
NOTE
Generally, Maternity pay starts on a Sunday. It is paid out in whole weeks.
e.g. If you start your maternity leave on Sunday 6th September 2015. you will receive:
5 days basic pay 1st to 5th September
3 weeks mat leave 6th September to 26th September
The 27th to 30th September is not a full week therefore it will be added to your October pay.
Q3.6How is Occupational Maternity Pay Calculated?
A3.6OMP is calculated using your earnings in the same fixed pay periods described for the SMP calculation. National pay awards and annual increments which fall due after this assessment will result in a reassessment of OMP based on values derived from the increased salary. Revised OMP resulting from a national pay award or increment will be applied from the start of the maternity leave or from the effective date of the pay award/increment, whichever is later.
Q3.7What If I Change My Contract After My OMP Earnings Have Been Assessed But Before I Commence Maternity Leave?
A3.7Any changes to your contract which take effect after the OMP earnings have been assessed will impact the OMP which you will receive. OMP will be recalculated to reflect contractual change to, for example, your grade, contracted hours or to the out of hours banding payment made to doctors in training. In some cases this reassessment will positively impact the level of OMP whereas in others the recalculation will produce a lesser value of OMP than the original calculation.
Q3.8I Have Heard You Can Request That The Payments Are Given Evenly Instead Of Ending Up The Last Few Months With Very Little Income. How Does This Work?
A3.8Maternity Pay, by prior agreement with your employer, may be paid in a different way such as equal weekly values spread over the maternity leave period of up to 52 weeks. However, HMRC regulations state employees must receive at least 90% of their salary for the first 6 weeks of their maternity leave; therefore, equal payments cannot be applied to this period.
If you wish to apply for equal payments of your Occupational Maternity Pay, you can do so via section 18 of the Maternity Leave Application Form. This option, if selected, must be made prior to the commencement of your maternity leave and this cannot be changed afterwards.
Q3.9 I Am Currently Off Work On Maternity Leave And I Am Pregnant Again. How Will My Pay Be Calculated For This Second Period Of Maternity Leave?
A3.9Your entitlement to both Statutory and Occupational Maternity Pay are calculated on the payments received during the 8 week period prior to the Qualifying Week. If your earnings during that period have been reduced because you were receiving half pay or you were on unpaid maternity leave then OMP / SMP for the second period of leave will reflect these reduced earnings.
Q3.10What Payment Will I Receive If I Do Not Intend to Return to Work
A3.10The qualifying criteria for both OMP and SMP are the same whether you are returning to work or not. Therefore, providing you satisfy the qualifying conditions you will receive 6 weeks pay at 90% of your average weekly earnings followed by 33 weeks at the standard rate of SMP. These payments will be made on an ongoing basis and, if you are paid monthly, will be blocked into a number of weeks each month depending on the number of Saturdays in that month.
Q3.11I Am Undecided Whether I Will Return to Work or Not – How Will I Be Paid?
A3.11You will be treated initially as if you do not intend to return to work and will be paid 6 weeks at 90% of average earnings followed by 33 weeks at the standard rate of SMP. If you subsequently decide to come back to work, and work for a minimum of three months, you will be paid the difference between what you have been paid under the leaver entitlement and the amount which would have been paid to you if you had declared your intention to return at the outset.
4. Shared Parental Leave
Q4.1 Can I Share My Maternity/Adoption Leave With Someone Else To Allow Me To Return To Work?
A4.1Yes, if your baby is expected to be born or placed with you on or after 5 April 2015 you may be entitled to a new form of leave called Shared Parental Leave.
Q4.2What Is Shared Parental Leave (SPL) And How Does It Work?
A4.2SPL allows additional flexibility in how a parent chooses to care for a new arrival to the family. A parent is defined as one of two people who will share the main responsibility for the child's upbringing (and who may be either the mother, the father, or the mother's partner if not the father) to take up to 52 weeks in total between them either at the same time or at different times. A birth mother must take at least 2 weeks maternity leave following the birth of the baby. An adopter can end their adoption leave after 2 weeks also.
Q4.3Who Is Entitled To Shared Parental Leave?
A4.3You are entitled to SPL in relation to the birth of a child if:
- You are the child's mother and are entitled to maternity /adoption leave or maternity allowance, and share the main responsibility for the care of the child with the child's father (or your partner, if the father is not your partner);
- You are the child's father and share the main responsibility for the care of the child with the child's mother; or
- You are the mother's partner and share the main responsibility for the care of the child with the mother (where the child's father does not share the main responsibility with the mother).
- You may also be entitled to SPL in relation to the adoption of a child if an adoption agency has placed a child with you and/or your partner for adoption, and you intend to share the main responsibility for the care of the child with your partner.
- You have at least 26 weeks service at the end of the 15th week before the date of confinement/matching date and still employed at the start of the leave period.
- In the 66 weeks leading up to the date of confinement/matching date your partner has worked for at least 26 weeks and earned an average of £30 a week in any 13 week period..
Q4.4How Is The Amount Of Leave Calculated?
A4.4The amount of leave is calculated using the mothers entitlement to maternity/adoption leave. If you choose to reduce your maternity leave you or your partner may wish may choose to opt in to the Shared Parental leave and take any remaining weeks as SPL.
Q4.5Will I Be Paid?
A4.5If you are entitled to Statutory Maternity/Adoption pay or Maternity allowance for up to 39 weeks and you decide to reduce your maternity leave prior to the end of the 39 week period, the remaining weeks could become available as Shared Parental Pay (ShPP). The criteria is the same as SPL and you need to have earned above the lower earning limit in the eight weeks leading up to and including the 15th week before the date of confinement/matching date and still be employed with same employer at the start of the first period of ShPP.
Q4.6How Much Notice Do I Require To Give My Manager If I Intend To Request SPL?
A4.6You must provide at least 8 weeks notice in writing before the period of SPL.
Q4.7Is There A Specific Form To I Need To Complete?
A4.7Yes, this is available on HR Connect.
Q4.8Can I Book More Than 1 Period Of SPL?
A4.8Yes, you are entitled to submit up to three separate notices to book leave during the child’s 1st year.
Q4.9Can My Manager Refuse?
A4.9Not if you meet the criteria and have requested a period of continuous leave. However the request may be refused if you have requested discontinuous leave. Your manager will write to you within 14 calendar days of the date the notification was given.
Q4.10Can I Change My Mind After Giving Notice To Opt In To SPL?