Not Protectively Marked
PROCEDURE TITLE: / Maternity EntitlementsPROCEDURE REFERENCE NO: / 2007.11
Effective (Start) Date
/ January 2017Last Review Date:
/ April 2017Next Review Date Due:
/ December 2018This Procedure is suitable for publication under the Freedom of Information Act
/ Yes(Delete as appropriate refer to FOI Section 6)
Business Area/Department
/ Human ResourcesPolicy Contact/Author:
/ Abi WalkerBusiness Lead Approver:
/ Nick BaileyChief Officer Approval: (If appropriate see section 10)
CONTENTS
Introduction……………………………………………………… 3
Guidance ...………………………………………………………. 3
· Maternity Pay 3
· Maternity Leave 3
· Antenatal appointments 4
· Keeping in Touch (KIT) days 4
· Returning to work 5
· Still births and miscarriages 5
· Shared Parental and paternity leave 5
· Benefits during maternity leave 6
· Pregnancy during a career break 6
Responsibilities…………………………………………………… 7
Appeals……………………………………………………………. 8
Human Rights……………………………………………………… 8
Freedom of Information…………………………………………. 8
Equality Impact Assessment…………………………………….. 9
Health and Safety……………………………………………….... 9
Training……………………………………………………………. 9
Communication…………………………………………………… 9
Review/Approval…………………………………………..………. 10
1 Introduction
1.1 Covering Police Staff and Police Officers, this procedure aims to ensure that all staff are aware of their rights to maternity entitlements in a clear and concise manner and in accordance with the requirements of the Department of Social Security, Police Negotiating Board, Police Regulations 2005 and the Police Staff Council.
1.2 The procedure aims to support, any member of staff needing to take a break in their career to take maternity leave and will provide them with relevant information, advice and support throughout the entire process enabling them to make well informed decisions with regard to their own personal circumstances.
2 Guidance
2.1 Maternity Pay
2.1.1 To qualify for Statutory Maternity Pay (SMP) you must:
· Have been continuously employed by Cheshire Constabulary for at least 26 weeks at the 15th week before your baby is due. This week is known as the qualifying week.
· Provide a certificate (Form MATB1) from your Doctor or Midwife stating when the baby is due.
· Still be pregnant at the 11th week before the baby is due or have given birth.
· Have given Cheshire Constabulary at least 28 days notice of your absence (or as long as is reasonably practicable)
· Have stopped work, and commence maternity leave before any payment can be made.
· Have average weekly earnings being not less than the lower earnings limit for the payment of national insurance contributions.
· SMP will be paid on behalf of the Department of Social Security.
2.1.2 The Constabulary also offers occupational materity pay for those who meet the criteria in relation to continuous service. The tables below details the entitlements for Police Officers and Staff:
Police Officers
Length of Service / EntitlementsContinuous service for a period of 63 weeks at the beginning of the expected week of childbirth (Sunday) / Week 1-18 / Full pay which may include SMP*
Weeks 19-39 / Statutory Maternity Pay
Weeks 40-52 / Unpaid
Less than 63 weeks continuous service at the beginning of the expected week of childbirth (Sunday). / You may only be entitled to SMP. Please contact the MFSS HR team for further information.
Police Staff
Scheme / Length of Service / EntitlementsA. / 1 year’s continuous Service at the 11th week before your Expected Date of Childbirth: / Wks 1-18 /
Full pay inclusive of SMP
Wks 19-39 /Statutory Maternity Pay* at the lowest rate less deductions, e.g. income tax, NI, pension.
Wks 40 – 52 /Unpaid.
B. / At least 26 week’s continuous Service by the 15th week before your Expected Date of Confinement, and less than one years continuous Local Government Service at the beginning of the 11th week before the expected week of childbirth: / Wks 1-6 /90% of your normal pay less the usual deductions, e.g. Income tax, NI, pension.
Wks 7-39 /Lower rate Statutory Maternity Pay* less the usual deductions, e.g. Income Tax, NI, Pensions.
Wks 40-52 /Unpaid
C. / If (i) you have less than 26 week’s service at 15 weeks before the Expected Date of Confinement, (ii) you have average earnings below the lower earnings limit for National Insurance; you will not be entitled to any paid maternity leave: / n/a /You may be eligible for Maternity Allowance Benefit from the DSS. You will be issued with an ‘exclusion form’ (SMP1) which should be taken to the DSS office.
2.3 Statutory Maternity Leave
2.3.2 By law, you cannot carry out any work during the first two weeks following the birth of the child. This is known as compulsory maternity leave.
2.3.3 All employees are entitled to a maximum period of 15 months maternity leave which can be taken in one or more periods. The period in which maternity leave can be taken starts six month before the EWC and ends no later than 12 months afterwards.
2.3.4 Maternity leave will commence on the day you have notified us of your intention to start your leave, and no later than the date given as the probable date of birth. It will end on the day you give as the return to work date and no later then the last day of the maternity period.
2.3.5 A member of staff must notify their line manager and the MFSS HR team at least 28 days before the absence begins or as soon as is reasonably practicable:
· That you are pregnant and the probable date of birth
· Of the expected week of childbirth
· Of the date you intend to start maternity leave.
2.3.6 Failure to comply with the above may affect entitlements to pay, leave and time off for antenatal care.
2.3.7 A member of staff must forward their MATB1 Certificate issued by the doctor/midwife at approximately 26 weeks into pregnancy. This certificate provides confirmation that you are pregnant at the 15th week before the baby is due. This is also the date used to calculate your entitlements.
2.3.8 If a member of staff falls sick within the four week period prior to the expected date of confinement, it is the member of staff’s responsibility to notify their line manager and MFSS HR team. If the sickness is pregnancy related maternity leave will commence from the fourth week and not the date previously stated.
2.3.9 If your baby is born prior to the commencement of your maternity leave you must notify your their line manager and MFSS HR team as soon as possible to ensure appropriate arrangements are made with payroll regarding your salary. Your entitlements are not affected, only the dates will change, as the maternity leave period commences automatically on the day after the date of the birth.
2.3.10 Throughout your maternity leave you and your line manager should maintain contact.
2.4 Antenatal Appointments
2.4.2 Regardless of your length of service, you are entitled to paid time off for antenatal care appointments. You must make the necessary arrangements for this with your line manager and be prepared to show evidence of appointments, if required.
2.4.3 The father of the baby, or the pregnant woman’s partner has the right to unpaid time off work to attend up to two antenatal appointments with the woman.
2.4 Keeping in Touch (KIT) days
2.4.1 Maternity Leave regulations provide the opportunity for you to discuss and agree with your manager to work during your maternity leave for up to 10 days without bringing your maternity leave period to an end. These days are optional and are called ‘Keeping in touch days’ and may include for instance specific training days or attendance at court or any activity undertaken for the purpose of keeping in touch with the workplace.
2.4.2 For each day you attend work, this will count as one day even if you only do a few hours. Your maternity period, however; will not be extended.
2.4.3 All individuals will receive payment for KIT days. These are paid as follows:
· Police Officers – an hourly rate based on your normal salary will be paid for each hour worked.
· Police Staff – a daily rate based on your normal salary will be paid despite the number of hours worked.
2.4.4 All payments will be inclusive of statutory maternity pay. This will not affect your entitlement to maternity pay or leave; instead payment for keeping in touch days ‘tops up’ such payments.
2.4.5 Line Managers are responsible for informing MFSS HR prior to the payroll deadline of any KIT days taken.
2.5 Returning to Work
2.5.1 All employees must give at least 21 days notice to MFSS HR of their chosen return date. Maternity leave will end on the day you give as the return to work date and no later then the last day of the maternity period. If less than 21 days notice is given then the Constabulary may postpone the return date but not beyond the end of the maternity leave entitlement period.
2.5.2 On return from maternity leave you should expect the right to return to the same or equivalent job to the one in which you were employed before absence. There is, however, nothing to prevent variations in the terms being arranged by mutual agreement between the parties.
2.5.3 Cheshire Constabulary is committed to equality of opportunity and ensuring that the talents and resources of its personnel are fully utilised. Subject to operational requirements, the force will seek to accommodate part time and flexible working arrangements to the mutual benefit of the force and its individual members of staff. You should refer to the Force Part Time and Flexible Working procedure for further details of this and how to apply.
2.5.4 If you have taken a period of occupational maternity pay, then the additional amount which is above statutory maternity pay will be reclaimed should you decide not to return to work for at least one month.
2.6 Still Births and Miscarriages
2.6.1 In the unfortunate event of a still birth / death of baby you are advised to contact the MFSS HR team who will then advise you on any entitlements you may have regarding pay and/or leave.
2.7 Shared Parental / Maternity Support / Paternity Leave
2.7.1 Full details of the scheme for Cheshire Constabulary can be found in the Force Shared Parental and Paternity Leave procedure which is available on the Force intranet.
2.8 Benefits During Maternity Leave
2.8.1 The Employment Rights Act provides that a woman is entitled to all of her contractual terms and conditions during both ordinary and additional (OML and AML); apart from remuneration, as though she was in work.
2.8.2 A period of maternity leave will be reckonable for incremental pay, annual leave and count as continuous service.
2.8.3 Employees are entitled to accrue all annual leave during their maternity leave including a day’s leave for each bank holiday. If your maternity leave spans two leave years, you will be entitled to carry forward any outstanding leave i.e. no maximum applies. Where possible, accrued leave should be tagged on to the front or end of a period of maternity leave. If you choose not to return to work then you will be required to repay any annual leave that has been taken in excess of your entitlement.
2.8.4 If you contribute to a Pension Scheme when you are on paid maternity leave, pension contributions will be deducted at source during the period of maternity leave. Any unpaid periods of maternity leave are not reckonable for pension purposes however, on your return to work, you may elect to pay full contributions for the whole period of unpaid absence on a notional figure as if you had continued to receive maternity pay. This election must be made within 30 days of returning to work. Any contributions not paid during your absence will be recovered by a lump sum from your pay when you return to work. If you choose not pay contributions for the period of unpaid leave then this would be considered a break in service and would not count towards future benefits.
2.8.5 If you are in receipt of essential car user allowance for your current role then the sum will be paid as follows:
· For remainder of current month and the following month – the full lump sum
· For the second and third month – half the lump sum
· Beyond the third month – the lump sum will cease until a full return to duty
2.8.6 During a period of unpaid leave contributions to the Police Federation (Voluntary Funds and Group Insurance schemes) will NOT be paid automatically.
2.8.7 Whilst on paid maternity leave an officer will retain rent/housing allowance (if applicable). This will cease during any period of unpaid leave.
2.8.8 If you live in a police house you may have to pay compensation for overholding the property during your maternity leave. The Constabulary Estates department will be able to advise you on this.
2.9 Pregnancy during a Career Break
2.9.1 For employees currently on a Career Break and have requested maternity leave, if there are no earnings at the qualifying week (i.e. 15 weeks prior to the Expected Date of Confinement) you may not be entitled to Statutory Maternity Pay. However, you may be able to claim a maternity allowance from the Benefits Agency. You will need to request an SMP1 form from the MFSS HR team. This form will be completed on your behalf to send to the benefits agency.
3 Responsibilities
3.1 Retained HR
3.1.1 Cheshire Constabulary Retained HR team are the author of this procedure and will ensure that it is monitored and reviewed to ensure the content remains current and relevant and that the procedure is developed where appropriate in line with Cheshire force procedure guidance.
3.1.2 The Retained HR team are also the owners of this procedure and will ensure that the procedure is published internally/externally in line with the Cheshire force approval process.
3.2 Member of Staff
3.2.1 Any member of staff who knows or suspects that they are pregnant has a responsibility to inform their line manager for Health and Safety reasons, especially where the member of staff is in an operational role.