Maternity, Paternity and Adoption Procedure
Introduction
Glossary of Terms
Documents Maternity
Maternity Leave Eligibility
Occupational Maternity Pay
Return to work after maternity leave Time Off for Antenatal Care
Sickness and Maternity Leave
Holidays
Pension arrangements
Options after the birth Protection against unfair dismissal Stillbirth Contact during Maternity Leave Transfer of Maternity Leave Adoption Paternity Ordinary Paternity Leave Eligibility Ordinary Statutory Paternity Pay Additional PaternityLeave Additional Statutory Paternity Pay Contact during Additional Paternity Leave Returning to work after Additional Paternity Leave Parental Leave
Useful Information and Contacts
Introduction
Human Resources have produced the University of Central Lancashire’s Maternity, Paternity, Adoption and Childcare information. It is a practical guide to your rights, services and facilities that are available, with particular reference to what is provided locally and what your entitlements are as an employee.
It is important to state that the information given aims to provide accurate, authoritative information on the subjects it covers.
It is offered to readers on the understanding that it is not an authoritative statement of the law, and does not prejudice your statutory rights.
Glossary of Terms
AML / Additional Maternity LeaveAPL / Additional Paternity Leave
ASPP / Additional Statutory Paternity Pay
EDC / Expected Date of Childbirth
EWC / Expected Week of Childbirth
HR / Human Resources
LGPS / Local Government Pension Scheme
MA1 / Maternity Allowance Application Form
MATB1 / Maternity Certificate
MPP / Maternity Pay Period
OAP / Occupational Adoption Pay
OML / Ordinary Maternity Leave
OMP / Occupational Maternity Pay
OPL / Ordinary Paternity Leave
QW / QW Qualifying Week
SAP / Statutory Adoption Pay
SMP / Statutory Maternity Pay
SPP / Statutory Paternity Pay
TPS / Teachers Pension Scheme
USS / Universities Superannuation Scheme
Forms
Maternity Application Form
Pregnancy Health & Safety Checklist
Notification of intention to transfer maternity/adoption leave form
Adoption leave/pay application form
SC3 – Ordinary Paternity Leave/Ordinary Paternity Pay application form
SC4 – Ordinary Paternity Leave/Ordinary Paternity Pay application - adoption
SC5 – Ordinary Paternity Leave/Ordinary Paternity Pay application – adoption from abroad
Application for Additional Paternity Leave and/or Pay
Application for Additional Paternity Leave and/or Pay – adoption
Application for Additional Paternity Leave and/or Pay – adoption from abroad
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Maternity Leave eligibility
You may be eligible for a range of different types of leave which are described in this guide. You are advised to contact your Human Resources Advisor at the earliest opportunity, in order to ensure that your rights and related matters are fully disclosed and understood. All discussions will be held in complete confidence, but you are asked to make your manager aware of your condition as soon as possible. This is important as he/she has a responsibility to safeguard your health and safety. It will also enable your manager and colleagues to plan ahead and arrange cover for your absence.
If you have not already contacted Human Resources by the end of the 15th week* before your expected week of childbirth then you need to contact your Human Resources Advisor as soon as reasonably possible. (*this is known as the qualifying week).
To be eligible for the University’s Maternity Benefits you must have completed at least 26 weeks continuous service by the end of the qualifying week.
If you have less than 26 weeks continuous service at the qualifying week you will not be entitled to the above, but you will be entitled to 52 weeks unpaid maternity leave (see below), and you may be entitled to state Maternity Allowance. Staff in Human Resources can help you with your claim.
Maternity leave entitlement
All pregnant employees are entitled to take up to 26 weeks' ordinary maternity leave and up to 26 weeks' additional maternity leave, making a total of 52 weeks.
The earliest you can start your maternity leave is 11 weeks before your baby is due (unless your child is born prematurely before that date, in which case it will start earlier). Maternity leave will start on whichever date is the earlier of:
- the employee's chosen start date;
- the day after the employee gives birth; or
- the day after any day on which the employee is absent for a pregnancy-related reason in the four weeks before the expected week of childbirth.
If the employee gives birth before her maternity leave was due to start, she must notify the University in writing of the date of the birth as soon as reasonably practicable.
The law obliges all employees to take a minimum of two weeks of maternity leave immediately after the birth of the child.
Ordinary Maternity Leave
During the period of ordinary maternity leave, the employee's contract of employment continues in force and she is entitled to receive all her contractual benefits, except for salary. In particular, any benefits in kind will continue; contractual annual leave entitlement will continue to accrue; and, where applicable, occupational pension contributions will continue to be made.
Salary will be replaced by statutory maternity pay (SMP) if the employee is eligible to receive it.
Employees are encouraged to take any outstanding annual leave due to them before the commencement of ordinary maternity leave. Employees are reminded that holiday must be taken in the year that it is earned and therefore if the holiday year is due to end during maternity leave, the employee should take the full year's entitlement before starting her maternity leave.
Additional Maternity Leave
Additional maternity leave, if taken, begins on the day after ordinary maternity leave ends.
During the period of additional maternity leave, the employee's contract of employment continues in force and she is entitled to receive all her contractual benefits, except for salary. Any benefits in kind will continue and contractual annual leave entitlement will continue to accrue.
Salary will be replaced by statutory maternity pay for the first 13 weeks of additional maternity leave if the employee is eligible to receive it. The remaining 13 weeks of additional maternity leave are unpaid.
Where applicable, occupational pension contributions will continue to be made during the period when the employee is receiving SMP but not during any period of unpaid additional maternity leave.
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Occupational Maternity Pay (OMP)
If you have worked for the University for 26 consecutive weeks before your qualifying week, you will be entitled to:
1. Full pay for the first 13 weeks of your maternity leave. (This includes SMP)
2. 50% of your salary plus the lower rate of SMP for the next 13 weeks of your maternity leave. If half pay and SMP total more than full pay, payments will be scaled down to no more than full pay.
3. Then up to 13 weeks at lower rate SMP only.
4. Then up to 13 weeks unpaid maternity leave.
There are certain rules concerning your eligibility for SMP that must be drawn to your attention. If you:
work after the birth for any employer who you were not working for in the 15th week before your expected week of childbirth; or
you are in legal custody at any time in your maternity pay period you must tell the University immediately, as you would not then be eligible for SMP. Additionally, if you come back to work at any time when you are receiving SMP, your SMP will stop on the day before you return, (This does not include Keeping In Touch days – see below).
If you disagree with any of the University's decisions on SMP, you can apply to your social security office for adjudication, but you can of course contact your HR Advisor who will try to resolve any problems first.
If you do not qualify for OMP, you may be entitled to Maternity Allowance, paid directly by the government. Staff in HR can help you with your claim.
Salary Progression
You will be entitled to receive the normal annual increment on your pay in accordance with your contract of employment to take effect from the normal incremental date.
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Return to Work
If you wish to return to work earlier than agreed, you must give the University at least 8 weeks notice in writing of your new return date.
If you do not continue in employment with the University for three months after your maternity leave for any reason, you may be asked to repay the 13 weeks contractual OMP at half-pay. If you reduce your working hours when you return to work, to avoid any repayment you will need to work longer than three months, pro rata to your reduction in hours, eg if you previously worked full time and return to work on a half time basis, you will need to work for the University for six months to avoid repayment.
If you decide not to return to work after maternity leave, you must give notice of resignation as soon as possible and in accordance with your notice period. If the notice period would expire after maternity leave has ended, the University may require you to return to work for the remainder of the notice period.
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Time off for Antenatal care
You are entitled to paid time off in order to keep appointments for antenatal care, made on the advice of a registered medical practitioner, registered midwife or registered health visitor. Antenatal care includes medical examinations. It may also include other appointments, for example, relaxation classes and parent-craft classes. You may be required to produce evidence of your appointments.
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Sickness and maternity leave
If you are absent due to a maternity related illness in the 4 weeks before your baby is due, your maternity leave and maternity pay will begin on the day after the first day of your absence.
If you are unable to return to work at the end of your maternity leave due to sickness or injury, the University’s normal arrangements for sickness absence will apply.
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Holidays
You will continue to accrue leave in the normal way during your period of maternity leave. You should note that if your maternity leave is likely to cross two leave years, you are advised to take the majority of the first year’s leave entitlement before the start of your maternity leave, as the normal arrangements for carrying over leave apply.
You need to discuss any annual leave entitlements with your line manager. However, if your baby is born during a period of annual leave, maternity pay will commence on the day after your baby was born.
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Pension arrangements
Pension arrangements change from time to time, so you are strongly advised to contact your HR Advisor to discuss your individual situation.
During your maternity leave, pension contributions will be based on the pay you receive.
Once your maternity pay ceases, no further pension contributions will be payable until you return to work. This period of leave will not be included as pensionable service.
Members of the LGPS and USS may elect within 30 days of return from maternity leave to pay contributions to cover the period of no pay. Your contributions will be based on the pay you were receiving immediately before it stopped.
Periods of unpaid leave for members of the TPS are non-pensionable. Staff in the TPS may wish to contact the TPS directly to discuss what options are available to them.
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Options after the birth
You may return to work any time after 2 weeks from the birth of your baby, by giving 8 weeks written notice.
If you take your full entitlement toordinary maternity leave (up to 26 weeks), you have the right to return to your job, with the same terms and conditions as if you had not been absent. However, if your employment with UCLan is on a fixed term contract, your manager will need to give consideration to the practicality of your return if your fixed term contract expires while you are on maternity leave. Consideration will be given to the reason why the contract is fixed term e.g. whether it is externally funded, to complete a time specific task, to cover for an absent colleague etc.
If you take additional maternity leave (up to a further 26 weeks), you have the right to return to your job with the same terms and conditions as if you had not been absent. However, if this is not reasonably practical, you may return to a similar job with terms and conditions which are at least equal to those of your previous job.
You may, by giving proper notification, be able to transfer up to 26 weeks of your maternity leave to your spouse/partner/civil partner/the child’s father (see Transfer of Maternity Leave below).
If you wish to change your working pattern when you return to workplease discuss your plans with your manager as soon as possible. All requests for working part-time or term-time only will be considered carefully. Your manager will try to balance your needs with those of your colleagues and the need to provide a service.
If you wish to consider the possibility of a Career Break, or Job Share, again, please discuss with your manager as soon as possible.
If you decide not to return to work after maternity leave, you must give notice of resignation as soon as possible and in accordance with the terms of your contract of employment. If the notice period would expire after additional paternity leave has ended, the University may require you to return to work for the remainder of the notice period.
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Protection against unfair dismissal
No female member of staff will lose her job because of her pregnancy or for any other reason connected with it.
Arrangements will be made to protect you during your pregnancy if you are carrying out work which may put you and your baby at risk, if your condition makes it impossible to perform the duties of your job safely, or if it would be a contravention of the law to allow you to continue working.
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Stillbirth
In the event that you suffer a miscarriage, or deliver a stillborn baby, after the 25th week of pregnancy, you will be entitled to the full maternity pay and leave entitlements. If you suffer a miscarriage or still birth before the 25th week of pregnancy you will not be able to claim maternity pay or maternity leave.
Your Human Resources Officer is able to offer details for support groups outside of the University, and also provide details of the Staff Counselling Service within the University, if you require.
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Contact during Maternity Leave
Shortly before your maternity leave starts, your manager will discuss the arrangements for you to keep in touch during your leave, should you wish to do so. The University reserves the right in any event to maintain reasonable contact with you from time to time during your maternity leave. This may be to discuss your plans for return to work, to discuss any special arrangements to be made or training to be given to ease your return to work or simply to update you on developments at work during your absence.
Keeping-In-Touch Days
Except during the first two weeks after childbirth, you can agree to work for the University (or to attend training) for up to 10 days during either ordinary maternity leave or additional maternity leave without that work bringing your maternity leave to an end and without loss of a week's SMP or any OMP. These are known as "keeping-in-touch" days. Any work carried out on a day shall constitute a day's work for these purposes.
The University has no right to require you to carry out any work, and you have no right to undertake any work, during your maternity leave. Any work undertaken, will be paid at your normal rate of pay. Any keeping-in-touch days worked do not extend the period of maternity leave. Once the keeping-in-touch days have been used up, any further work would result in the loss of a week’s SMP, any OMP and may also bring maternity leave to an end.
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Transfer of Maternity Leave
If you wish to return to work without using your full 52-week entitlement to maternity leave, you may be eligible to transfer up to 26 weeks of your outstanding maternity leave to your spouse, civil partner, partner, or the father of yourchild. This entitlement is dependent on you having given the University the correct notice of your return to work date (see options after the birth above).
The person to whom you have transferred the outstanding leave would then take this time as additional paternity leave (APL) which would start as soon as you return to work.
The earliest that APL may commence is 20 weeks after the date on which the child is born and it must end no later than 12 months after the date of birth. The minimum period of APL is two consecutive weeks and the maximum period is 26 weeks. You must therefore have at least two weeks of your maternity leave remaining to be eligible for this transfer.