Maternity Leave

Human Resources

Updated July 2014

SR/HR/Maternity Leave

MATERNITY LEAVE AND PAY

1.0NOTIFICATION OF PREGNANCY

1.1A member of staff is requested to notify us of her pregnancy as follows:

  • by alerting the departmental safety representative - so a risk assessment can be undertaken and any necessary changes made
  • by completing (by the end of the 15th week before the baby is due) a Maternity Leave Plan Form (MLP) and submitting it to her line manager. The original MAT B1 form should be sent to Human Resources (HR) 21 days prior to the commencement of the maternity pay period.

1.2HR will confirm maternity leave/pay arrangements within 28 days of receipt of the MLP.

2.0MAT B1

2.1The MAT B1 is a medical certificate, which is given to the expectant mother by the doctor or midwife, confirming the week in which the baby is due. It is normally received some time after the 20th week of pregnancy and should be submitted to HR at the latest 21 days before maternity leave starts. It is important that the original of this certificate is submitted to HR promptly. In exceptional circumstances the certificate can be accepted by HR up to 13 weeks after maternity leave starts. In these circumstances Statutory Maternity Pay (SMP) will be backdated to the start of the maternity leave period. Unfortunately, if the MAT B1 is submitted over 13 weeks into the maternity leave period, SMP cannot be paid.

3.0ANTE-NATAL CARE

3.1Pregnant staff have a right to reasonable paid time off for ante-natal care.Staff may be asked for evidence of appointments by managers, and should give managers reasonable advance notice of any planned appointments during normal working hours.

3.2IVF treatment is counted as a medical appointment that should, if possible, take place out of working hours but if necessary may take place during working time with proof of the medical appointment.

4.0MATERNITY LEAVE

4.1All pregnant staff are entitled to 52 weeks’ Statutory Maternity Leave(SML) (which counts as continuous service) as follows:

  • 26 weeks Ordinary Maternity Leave (OML)
  • 26 weeks Additional Maternity Leave (AML), which immediately follows OML

4.2There are clear differences to maternity leave (which all pregnant staff are entitled to) and maternity pay (which depends on a number of factors (see below)). There are, in addition, a number of eligibility criteria for boththe University Maternity Scheme and

for SMP.

5.0ENTITLEMENTS

5.1There are a number of options available, depending on length of service, intention to return to work and earnings.

5.2If the pregnant member of staff has:

  • completed at least 1 year’s continuous service by the expected week of childbirth (EWC) and
  • earns above the lower earnings limit (average weekly earnings of £111[1] per week (before tax) and
  • intends to return to work for a period of at least three months after the birth

she will be eligible for the University of Warwick Maternity Scheme – Option 1.

5.3If the pregnant member of staff has:

completed 26 weeks’ continuous service by the end ofthe Qualifying Week( 15th week before the expected week of childbirth), andearns above the lower earnings limit (average weekly earnings of £111[1] per week (before tax)

she will qualify for Statutory Maternity Pay - Option 2.

5.4If the pregnant member of staff has:

  • not completed at least 26 weeks’ continuous service by the end of the Qualifying Week before the baby is due (EWC) or
  • does not reach the lower earnings limit (average weekly earnings of £111[1] (before tax)

she will be entitled to SML (as set out in 4.0 above) but not to SMP. She may also be eligible for a Maternity Allowance (MA) and the local benefits agency will be able to advise on this - Option 3.

Part weeks of employment count as full weeks in line with HMRC guidance.

5.5The average weekly earnings are calculated over the 8 week period ending with the pregnant member of staff’s Qualifying Week. The University pays its staff on a calendar month rather than a lunar monthly basis.

5.6Staff should be aware that any reduction in pay that they actually receive could mean that they fall below the lower earnings limit. For example, if the pregnant member of staff is on long term sickness absence and is in receipt of half pay, SSP only, or no pay, then this will be taken into account when assessing if they meet the lower earnings limit.

If the pregnant member of staff meets the criteria under Option 1 and Option 2, she may transfer up to 26 weeks of her maternity leave to the biological father of the child, or her husband, civil partner, or partner providing she has returned to work before using her full entitlement to maternity leave, and the individual meets the eligibility criteria. Please see further information in the Paternity Leave Guidelines.

6.0OPTION 1UNIVERSITY OF WARWICK MATERNITY SCHEME

6.1Two plans are available (A or B) and a member of staff may choose between them depending on her circumstances. In the vast majority of cases Option A will be the most financially beneficial to the individual. There are cases where Option B will be the most beneficial to some individuals in exceptional circumstances. For further detailed advice, contact your link HR Adviser or Payroll.

6.2Plan A

No of weeks / Pay arrangements[2]
8 / Normal full pay[3]
16 / Normal half pay plusSMPat the lower rate of £138.18[4] (where this does not exceed full pay)
15 / SMP (lower rate)
Up to 13 / Unpaid

6.3Plan B

No of weeks / Pay arrangements
16 / Normal full pay[3]
23 / SMP at the lower rate of £138.18[4]
Up to 13 / Unpaid

6.4 A condition of University Maternity Pay is that staff should return to work at the University, in a full or part-time capacity, for at least 3 months following maternity leave. The University reserves the right to reclaim all the non-statutory elements of pay if an employeeleaves before the three month period is worked.

7.0OPTION 2STATUTORY MATERNITY PAY

7.1An employee is eligible for Statutory Maternity Pay (SMP) if she has:

  • completed 26 weeks’ continuous service by the end of the Qualifying Week and
  • earns above the lower earnings limit (see above) and submitted the MLP by the end of 15th week before the EWC and the MAT B1 form 21 days before the member of staff wishes to start to be paid maternity pay(subject to any exceptional circumstances).

7.2SMP is payable for 39 weeks:6 weeks at 90% of usual salary and the remaining 33 weeks at lower rate SMP (£138.18[5] a week or 90% of average weekly salary, whichever is less).

7.3Whilst in receipt of SMP staff are not allowed to work unless during a “Keeping in Touch Day" (see below).

8.0OPTION 3MATERNITY ALLOWANCE (MA)

8.1Depending on her national insurance contribution record a member of staff who does not qualify for either Option 1 or Option 2 above may qualify for Maternity Allowance (MA) and the local Benefits Office will be able to give advice on this. Staff should complete the MLP and send it in the usual way to HR who will produce an SMP1 form detailing why SMP is not payable (once the original MAT B1 form has been received by HR). The member of staff should take this form with her to the Benefits Office.

9.0SALARY SACRIFICE ARRANGEMENTS

9.1If the member of staff has entered into a salary sacrifice arrangement in respect of cycle to work, childcare vouchers or the nursery scheme, she may choose to continue to receive these during her entire maternity leave. However, staff may also opt out of these arrangements if that would suit their individual circumstances, by contacting the relevant people (Computershare Voucher Services in respect of childcare vouchers, the Nursery Manager in respect of the Nursery Scheme or the Payroll Office in respect of the cycle to work scheme).

9.2Staff should be aware that salary sacrifice arrangements (including in some cases Pensions Plus) may affect the salary used to calculate maternity payments. For further advice please contact the Payroll and/or Pensions Office.

10.0STARTING MATERNITY LEAVE/CHANGES TO THE START OF MATERNITY LEAVE

10.1Pregnant staff may take maternity leave at any time from the11thweek before the baby is due.If a member of staff is off sick with a pregnancy related illness, within the period starting on the Sunday of the 4th week before the baby is due, then maternity leave will start on the day after the first complete day of absence from work. Any pregnancy related sickness absence prior to the Sunday of the 4th week before the baby is due will not impact on the start date for maternity leave.

10.2If the baby is born early, before maternity leave has started, then maternity leave begins automatically from the day after the baby is born. A member of staff should inform HR and her department in these circumstances so that maternity leave, pay, and dates can be adjusted accordingly.

10.3A pregnant member of staff should inform their Manager of their intention to take statutory maternity leave no later than the end of the 15thweek before the expected week of childbirth (EWC).

10.4Any proposed changes to start dates of maternity leave should be notified to HR and departments giving 28 days’notice in writing. Please see 16.1 below for proposed changes to the return to work date.

10.5Following notification of the intention to take statutory maternity leave the member of staff will be written to within 28 days confirming both the date she is intending to stop work and the expected date of return.

11.0HEALTH DURING PREGNANCY

11.1A member of staff may request a further risk assessment if she has any concerns about her own, or her unborn baby’s health. If any risk is identified the University may transfer the member of staff to other work or suspend her on normal full pay.

12.0CONTACT DURING MATERNITY LEAVE

12.1A member of staff may be contacted during maternity leave by the University or department to ensure she is kept up to date with activities/information.She may also contact her department; for example, if she has made a formal request for flexible working she may need to meet with the department to discuss. Shortly before the expected return date the University will write to check that member of staff still plans to return on the specified date and to check if any other assistance is required.

12.2Keeping in Touch Days (KIT days) are available for staff to work up to a maximum of 10 days during their maternity leave, in agreement with their department.

There is, however, no requirement for staff to carry out KIT days, nor for departments to agree to one.

KIT days are different to the contact noted in 12.1 above as, during KIT days, work is carried out. The type of work undertaken is agreed between staff and their department and they are paid for as below.

  • Staff on normal full pay or half pay plus SMP receive normal full pay for any work completed as a KIT day
  • Staff on SMP only receive normal full pay for any work completed as a KIT day
  • Staff on no pay will receive normal full pay for any work completed as a KIT day

Staff will receive a maximum of normal full pay if carrying out a KIT day (i.e. they will not receive normal full pay plus SMP).

12

12.2

12.3 Any work carried out on any one day will count as one KIT Day.Payment Request Time Sheets for KIT days should be signed in departments and sent to Payroll. KIT days do not extend the total maternity leave period. Themaximum number of KIT days which can be taken is 10. If more than 10 days are worked this will bring the maternity leave to an end. KIT days’ entitlement is not pro-rated for staff employed on a part time basis.

13.0PENSION MEMBERSHIP

13.1Members may remain in their existing pension scheme during paternity leave.Subject to scheme rules for USS and UPS (as amended), contributions will be as follows:

  • during any normal full pay period contributions will be deducted as usual;
  • during any periods of reduced pay or SMP, employee contributions will be deducted based on the level of pay or SMP actually payable. The University will make upcontributions and pay employer’s contributions as if the member of staff were onnormal full pay;
  • during any periods of unpaid leave, pension membership is suspended

If you are participating in PensionsPlus immediately prior to additional maternity leave you should contact Human Resources Pensions for guidance on any potential impact of PensionsPlus.

Further enquirieson the implications of maternity leave on pension membership, including whetherit would be possible to make good any periods of suspended pension scheme membership should be directed to Human Resources Pensions.

Further information is also available on the USS website:

Enquiries relating to pensions other than USS and UPS should also be made to Human Resources Pensions.

14.0PAY/ENTITLEMENTS

14.1Increments and/or cost of living increases will continue during leave and will be taken into account for the calculation of pay and SMP. Staff on maternity leave who are eligible for Merit Pay will be asked if they wish to make a submission.

14.2Academic and research staff will continue to accrue eligibility for study leave during maternity leave.

14.3Payslips will continue to be sent to departments during leave and staff should make arrangements with managers ahead of leave as to where they should be sent.

15.0HOLIDAY ENTITLEMENT

15.1Staff accrue normal contractual annual leavepro rata during the full period of maternity leave. Statutory and Customary days which fall during the period of maternity leave are accrued at your normal entitlement (pro rata for part-time staff). Leave for the year to 30 September is normally lost if not taken by 31 March the following year, and employees will be expected to take this leave before 31 MarchHowever, where it is not possible to take the accrued leave before 31 March the leave owing may be carried over into the new leave year.

15.2Annual leave can only be taken before or after maternity leave.

15.3In general, academic staff take annual leave during vacation so that teaching commitments can be met. If, however, the majority of a member of staff’s maternity leave falls across a vacation and it is not possible for her to take annual leave consideration will be given to allowing annual leave in term time. As much notice as possible should be given so that departments have the chance to accommodate requests.

16.0RETURNING TO WORK

16.1Staff who take Ordinary Maternity Leave (OML) are entitled to return to the same job. Staff who take Additional Maternity Leave (AML) are entitled to return to the same job or if that is not reasonably practicable, a suitable alternative on terms and conditions no less favourable. Staff may not return to work withintwo weeks of the birth of their baby. Staff may however return to work earlier than previously notified provided 56 days’notice has been given. As noted above, HR will write to staff before the expected return date to check that arrangements are in place. Return from maternity leave should be confirmed as soon as possible to HR so that appropriate pay is received.

16.2If staff return to work whilst still breastfeeding they should liaise with link HR Advisers so that necessary risk assessments can be carried out and facilities made available.

16.3Staff may request flexible working on return from maternity leave. Although flexible working is not an automatic right, the University will consider every request. Please see the University’s Flexible Working Policy for details.

17.0NOT RETURNING TO WORK

17.1If, after careful deliberation, staff do not wish to return to work following maternity leave, they should inform their department in writing, giving the notice required in their contract. Staff will not be eligible for the University Maternity Leave Scheme but will be able to claim SMP (if eligible). If staff make this decision prior to returning to work from maternity leave, any additional payments made under the University Maternity Leave Scheme Pay will become payable.

17.2If staff opted to take University Maternity leave, but then decide not to return to work there is a requirement for the staff member to repay the University element of the maternity pay. Only in exceptional circumstances will this be waived and this should be done in consultation with the Head of Department and HR Manager.

18.0FIXED TERM CONTRACTS

18.1If the contract of employment expires during maternity leave, or within 52 weeks of the start of maternity leave, staff should talk to their department and HR. If the fixed-term appointment expires during maternity leave or the contract ends due to redundancy, the entitlement to the non-statutory element of maternity pay (i.e. University Maternity Pay) will cease at the end of the contract.A member of staff reaching the end of her fixed term contract or employment contract is entitled to the balance of SMP if the contract expires before the end of the maternity pay period.

18.2If a member of staff is eligible for the University’s Maternity Leave Scheme, but her fixed-term appointment expires during her maternity leave and she is not offered any extension or any other suitable alternative employment, she will not be required to repay the difference between the University Maternity Pay scheme and SMP.