MATERNITY GUIDE
1.Application and Scope
2.Introduction
3.Frequently use Terminology
4.Entitlement to Maternity Leave
5.Entitlement to Maternity Pay
6.Maternity Allowance
7.Commencing Maternity Leave
8.Returning from Maternity Leave
9.Time off for Antenatal Care
10.Pension during Maternity
11.Sickness and Maternity
12.Annual Leave and Maternity
13.Returning to Work
14.Keeping in Touch Days
15.Maternity Leave and Shared Parental Leave
16.Maintaining Contact During Maternity Leave
17.Key Actions Checklist
1.0APPLICATION AND SCOPE
1.1The following information applies to all employees of Six Town Housing whose expected date of confinement (EDC) is on or after 1st April 2015. However, qualification for statutory benefits such as maternity pay is dependent on length of service. This is detailed where appropriate in the guide.
2.0INTRODUCTION
2.1This guide aims to clarify and outline the basic entitlements to maternity leave / pay and adoptive leave/pay for employees at Six Town Housing. For specific information relating to your own personal situation please contact theHuman Resources team.
2.2This guidanceis updated when there are any changes in legislation or local arrangements; it is therefore advisable to check that these are the most up to date details.
2.3As your employer, it helps us to support you throughout your pregnancy if we are aware that you are expecting a baby as soon as possible. It will ensure that you receive your full entitlement to paid time off for ante-natal appointments. It also gives us the maximum time to calculate your benefits and arrange cover for your post whilst you are on maternity leave.
2.4It is important that you notify your line manager as soon as possible that you are pregnant so that a risk assessment can be undertaken. During this risk assessment or at any time during your pregnancy you should notify your manager if there are any aspects of your work that you consider may be placing yourself or your baby at risk. If in doubt, please ask.
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3.0FREQUENTLY USED TERMINOLOGY
3.1Terms frequently used when referring to pregnancy and maternity leave / pay:
EDCExpected date of confinement / childbirth
EWCExpected week of confinement / childbirth– this is the week in which your baby is due and usually begins on the Sunday before your EDC.
ConfinementBirth of a living child or the birth of a child whether living or dead after 24 weeks of pregnancy.
SMPStatutory Maternity Pay.
MA Maternity allowance, this is a DSS benefit for women who are not entitled to SMP.
SSP Statutory sick pay.
QW Qualifying week.
MATB1Maternity certificate which must be presented to your employer (this will be given to you by your midwife or Doctor)
DWP Department of Work and Pensions
CML Compulsory maternity leave
OML Ordinary maternity leave
AML Additional maternity leave
SMLStatutory Maternity Leave
SPLShared Parental Leave
MPPMaternity Pay Period
KIT daysKeeping in Touch Days
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4.0ENTITLEMENT TO MATERNITY LEAVE
4.1All pregnant employees irrespective of length of service and hours worked qualify for 26 weeks Ordinary Maternity Leave (OML) and 26 weeks Additional Maternity Leave (AML). The combined 52 weeks of leave is referred to as Statutory Maternity Leave (SML).
4.2For babies born on or after 5 April 2015 there is a new right for parents to have shared maternity and paternity leave, known as Shared Parental Leave (SPL).
4.3If you are on a temporary contract your maternity leave will expire on the termination of your contract.
5.0ENTITLEMENT TO MATERNITY PAY
5.1To qualify for Statutory Maternity Pay (SMP) pregnant employeesmust:-
- Have been continuously employed within the organisation or have continuous Local Government service for 26 weeks by the qualifying week (the 15th week before the expected date of birth).
- Have average weekly earnings (gross earnings) in the 8 weeks up to an including the qualifying week at or above the lower earnings limit for the payment of National Insurance Contributions.
- Give the correct notice (28 days in writing)
- Provide proof that you are pregnant, i.e. submit your MATB1 form, which is usually issued 20 weeks before your due date by your midwife or doctor.
- Still be pregnant at the 11th week before the expected week of the birth or, have given birth by then.
- Have stopped work.
- Not be outside of the European Community.
5.2If you do not qualify for SMP you may still qualify for Maternity Allowance (MA) which is paid directly by the Department of Work and Pensions.
5.3Your entitlement to SMP will also depend on your earnings. Employees with qualifying service are entitled to 39 weeks SMP. Earnings related SMP is 6 weeks at 90% of average weekly earnings and a further 33 weeks at the lower statutory level (currently £139.58 per week or 90% of the average weekly earnings if this is less than £139.58 per week). SMP rates are subject to review by the Government in April each year. Current rates can be found via the website.
5.4If you have at least 26 weeks continuous service* at the beginning of the 15th weeks before the Expected Week of Confinement (EWC) you will be entitled to Occupational Maternity Pay (OMP) and Statutory Maternity Pay.
* Previous service with a Local Authority (or related organisation), will count towards your entitlement UNLESS your service has been broken for any reason other than pregnancy. If you are unsure of your entitlement related to this paragraph please speak to the Human Resources team.
5.5Maternity Pay will be based on:
- 6 weeks at 90% of your full contractual rate of pay followed by
- 12 weeks at half payplusany SMP or MA due but subject to normal full pay not being exceeded (this is your occupational maternity pay)and
- a further 21 weeks at standard rate SMP.
5.6In total Six Town Housing will pay eligible employees for 39 weeks at the various rates of pay stated above, subject to paragraph 5.4 above. The pay received exceeds the current statutory Ordinary Maternity Leave provisions, which is 6 weeks at 90% of your full contractual pay and 33 weeks at SMP.
5.7However, Occupational Maternity Pay (OMP) will only be made to you on the understanding that you return to Six Town Housing or Local Authority employment in any capacity for a period of at least 3months after the 52 weeks or from your date of return, whichever is sooner. The 3 month period may include any annual leave which is authorised and taken. Payment made to you in respect of SMP is not refundable to Six Town Housing. However, if you do not return to work for a period of 3 months, you will have to repay the 12 weeks OMP (½ pay) paid to you in addition to the SMP.
5.8Payments are subject to deductions for Income Tax, NI and Pension.
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5.9If you take the full 52 weeks maternity leave entitlement, the remaining 13 weeks will therefore be at nil pay.
5.10All contractual terms (e.g. holidays or benefits) apart from remuneration continue during SML. The position on pensions is more complex (see below).
5.11We are required to write to you within 28 days of your request to confirm how much SMP you will receive and when it will stop. If it is decided that you are not eligible for SMP then you will be issued with Form SMP1 within 7 days of the decision to explain why.
6.0MATERNITY ALLOWANCE
6.1If you are not entitled to Statutory Maternity Pay, you may be able to get Maternity Allowance instead if:
- you are employed, but not eligible for Statutory Maternity Pay
- you are registered self-employed and paying Class 2 National Insurance Contributions (NICs), or hold a Small Earnings Exception certificate
- you have been at work for at least 26 weeks of the 'test period' (66 weeks up to and including the EWC). Part weeks count as full weeks
- you earned at least a specified amount per week on average in any 13 weeks in the test period (currently £30 per week)
6.2If you don't qualify for Statutory Maternity Pay or Maternity Allowance, you may be able to other benefits such as a Sure Start Maternity Grant instead. Your local Jobcentre Plus should be able to advise you.
7.0COMMENCING MATERNITY LEAVE
7.1You will be expected to commence your maternity leave no sooner than 11 weeks before your EWC or the time of childbirth if that is earlier. You can choose to start your maternity leave at any time after the 11th week before the EWC provided that you tell us in writing at least 15 weeks before your due date. If you wish to vary this date you are required to provide 28 days notice of your intention to do so.
7.2However, if you are absent from work wholly or partly because of pregnancy or pregnancyrelated illness after the beginning of the 4th week before the EWC your maternity leave will automatically commence on the first day of absence.
7.3Human Resources will write to you within 28 days of receipt of your written notification, stating your maternity leave start and end dates.
7.4If your baby arrives early, your maternity leave will commence immediately. Occupational maternity pay will also start immediately and SMP will be payable from the day following the birth.
8.0RETURNING FROM MATERNITY LEAVE
8.1You may return to work at any time during your maternity leave entitlement subject to you taking 2 weeks compulsory maternity leave. Compulsory maternity leave will commence from the birth of the baby.
8.2No notification is required if you intend to return to work at the end of Maternity Leave (52 weeks). However, if you choose to return before the end of the 52 weeks, you must give 8 weeks notice of your new return to work date in writing to Human Resources.
8.3Where insufficient notice is given your department may postpone your return to work until either the 8 weeks notice has elapsed or the end of your maternity leave, whichever is the earlier. If you do attempt to return to work before the end of your notice period without agreement then STH can refuse to pay you until the required notice period has elapsed.
9.0TIME OFF FOR ANTENATAL CARE
9.1You will be granted leave of absence as appropriate for ante natal appointments, including scans or other appointments such as relaxation classes which have been recommended by a registered medical practitioner.
9.2The time granted is normally a maximum of half a day (3 hours 40 minutes). If you wish to take any more time off, you must use flexitime or annual leave. Except for the first appointment, you must be able to provide evidence of any appointments upon request to your line manager.
10.0PENSION DURING MATERNITY
10.1If you are a member of the Local Government Pension scheme, your pension rights will continue during your period of paid maternity absence (up to 9 months) and, in line with the LGPS Regulations, you will be required to make pension contributions on the maternity pay that you receive during this paid period of absence.
10.2If you then go on to take some unpaid additional child related leave (including maternity leave during the last 3 months of your entitlement), you won’t build up any pension benefits. But if you wish to, you can catch up on the lost benefits by paying additional pension contributions (APCs) and we will share the cost with you by paying 2/3 of the cost.But you only have 30 days from returning to work to take up this option. If you choose to pay APCs outside this deadline, you will have to pay the full cost.APC’s may therefore help you to avoid a break in pensionable service.
If you are a member of the Local Government Pension Scheme further information can also be found on their website at
10.3If you wish to speak to someone further regarding pensions contact our pensions officer in the payroll section at Bury Council on 0161-253-5014 or contact the pensions helpline at GMPF on 0161 301 7000.
11.0SICKNESS AND MATERNITY
11.1Sickness absence during pregnancy is recorded in the normal way. However, sickness absence that relates to pregnancy is not counted towards triggers for sickness absence monitoring or any other purposes. You will be expected to report sickness in the normal way and maintain contact with your line manger as required, as specified in the Sickness Absence Management Procedure.
11.2If you are absent from work partly or wholly due to pregnancy after the 4th week before the EWC your maternity leave will automatically be triggered, even though you may have opted to start your maternity leave later. This is regardless of how long the absence is for. Maternity leave starts on the day after the first day of the absence. Any maternity pay you are entitled to receive will also be triggered by this absence. Occupational or statutory sick pay will not be paid during this period.
11.3If you have notified us of your date of return from maternity leave and cannot return to work because of sickness you are required to produce a Fit Note from your doctor before thenotified date of return or, if no date of return has been notified, on the expiry of your maternity leave period. Normal contractual sickpay entitlements and arrangements will apply from the date you were due to return to work.
12.0ANNUAL LEAVE AND MATERNITY
12.1Before a period of maternity leave commences you will be expected to take any annual leave that has accrued up to the date of maternity leave commencing.There is no right to save leave up prior to a maternity period commencing and carry it forward if it can be taken before the commencement of maternity leave.Exceptions may be agreed for business need or if there are unforeseen circumstances such as illness triggering the maternity leave period.
12.2During maternity leave you will continue to accrue annual leave entitlement in the same way as if you were in work or absent due to illness. However you cannot take “annual leave” while off on maternity leave. Accrued annual leave will be carried forward during the maternity leave period even if it spans two holiday years, to be taken after you return to work.
12.3Leave that is accrued during the maternity leave period can be taken to delay your actual return to work (subject to your line manager’s agreement). If you wish to take annual leave before you return to work, you must write to tell us your return to work date at least 8 weeks before it occurs (see 8.2 above) and then you must contact your line manager to request annual leave in the normal way. Your line manager will consider the business implications of leave being taken and may grant some, all or none of the leave, depending on circumstances in the team at that time.
12.4You will also be entitled to accrue any fixed holidays such as Bank Holidays that fall during your ordinary and additional maternity leave. These fixed holidays will be treated as annual leave for this purpose and be taken along with accrued annual leave after the maternity leave period has ended.
12.5If you do not return to work after the maternity leave period and resign from employment, a payment in lieu of untaken annual leave and accrued public holiday entitlement will be made.
13.0RETURN TO WORK
13.1You will be entitled to return to the job in which you are now employed on the same benefits, terms and conditions, or one with no less favourable terms and conditions if it is genuinely not reasonably practical for you to return to your former job.
13.2If you wish to return to work on a job share or part time basis, it is important that you follow the company’s Flexible Working Procedure and put your request in writing to your Line Manager at the earliest opportunity.
If your line manager agrees to you returning to work on a part time or job share basis and you received Occupational Maternity Pay, you will be entitled to retain the 12 weeks half pay that you received during your maternity leave, as long as you work for at least 3 months following your return. Please note that any annual leave taken does not count as “work” for the purpose of calculating the 3 month period.
14.0KEEPING IN TOUCH DAYS (KIT DAYS)
14.1During your maternity leave, you may work for up to 10 days without bringing your maternity leave to an end These are referred to as “Keeping in Touch” (KIT) days.
However, you may not work during the compulsory maternity leave period (the two weeks following the birth).
14.2KIT days are not compulsory but can be beneficial for you as they allow you to attend meetings or attend training session, etc. and keep in touch with what is going on at work. They must be arranged by mutual agreement between you and your line manager. Any work done under your contract will count as a whole KITday.
14.3Work carried out on KIT days is paid at your contractual rate of pay for the hours actually worked. If a KIT day is worked during a period you receive SMP, you shall receive your contractual rate for the day (for the hours that you have worked). NB this is inclusive ofSMP for the day.
14.4Any ‘keeping in touch days’ you work do not extend your period of maternity leave. Once the 10 days are used, you will lose a week’s maternity pay for any week in which you work.