Maternity Policy
Reviewed December 2011
1Maternity Leave
The purpose of this policy is to provide guidance on the legislation governing the rights and obligations of female employees who are pregnant and of IHAG’s procedures and requirements.
The following abbreviations are used in this policy and procedure:
- OML -Ordinary Maternity Leave
- AML - Additional Maternity Leave
- SMP -Statutory Maternity Pay
- EWC - Expected Week of Childbirth
2Time Off for Ante Natal Care
All pregnant employees (regardless of their length of service and whether they are part or full time) are entitled to reasonable paid time off to keep appointments for antenatal care made on medical advice. After the first appointment you should produce a medical certificate confirming the pregnancy toIHAG with a document showing that the appointment has been made and when future appointments are. These documents should be shown to your Line Manager.
3Entitlement to Maternity Leave
All pregnant employees (regardless of their length of service and whether they are part or full time) are entitled to take up to one year’s maternity leave, which can start at any time from the beginning of the 11th week before the expected week of childbirth (EWC) unless you have a pregnancy related absence in the four weeks prior to the EWC in which case OML will be triggered automatically. Maternity leaveis a single continuous period and is made up of:
- 26 weeks’ Ordinary Maternity Leave – during which the contract of employment continues, and during which the employee must continue to receive all her contractual benefits except (unless agreed otherwise) wages or salary
and
- 26 weeks’ Additional Maternity Leave – during which the contract of employment continues, but only certain terms of that contract apply. Employers and employees may agree between themselves for other terms to continue, although this is not required by law.
OML can begin on the day that follows the day on which childbirth occurs. Should you give birth early you must notify IHAG as soon as is reasonably practicable after the birth and tell us the date on which the birth occurred. If you do not tell IHAG you may not be entitled to maternity leave.
While you are on ordinary maternity leave your contract of employment continues and you will benefit from your normal terms and conditions of employment excluding your salary
For all women there is a period of compulsory maternity leave – this means that you cannot return to work immediately after having your baby. You must take a compulsory period of maternity leave of 2 weeks from the date of childbirth.
4Notification
To take advantage of your right to maternity leave you must tell us that you are pregnant, the expected week of childbirth and the date you plan to start your maternity leave, no later than the end of the notification week, which is the 15th week before the EWC or as soon as is reasonably practicable. You must tell us in writing the date you plan to start your maternity leave. The Line Manager receiving this notification must pass it on to Finance Administrator, who will then reply to you within 28 days, to confirm your entitlement to maternity leave/pay and to inform you of the date on which your maternity leave will end and hence when you are expected to return to work.
You may vary the start of your maternity leave provided that you give IHAG 28 days notice.
5Maternity Pay
Employees who have at least 26 weeks continuous service up to the qualifying week (which is the 15th week before the EWC), and who meet the additional requirements set out below, are entitled to up to a total of 39 weeks Statutory Maternity Pay (SMP).
The first 6 weeks of SMP are equal to 90% of your average weekly earnings (average of actual earnings over the 8 week period prior to the qualifying week). The next 33 weeks are paid at the SMP standard rate, or 90% of average pay, whichever is the lower.
If you qualify for SMP you must forward to IHAG a certificate (MATB1), giving the expected week of childbirth, at least 28 days before you wish to start your leave. We cannot accept a MATB1 if it has been signed by your doctor or midwife more than 20 weeks before your baby is due. In addition to the continuous service requirement you must satisfy all of the following to be eligible for SMP:
5.1Employed by IHAG into the qualifying week which is the 15th week before the week your baby is due.
5.2Employed by IHAG without a break for at least 26 weeks into the 15th week before the week your baby is due. Part weeks count as full weeks.
5.3Earning before tax an average the (LEL) Lower Earnings Limit for National Insurance Contributions (NI) and is the amount you have to earn to qualify for benefits. You have to earn more than this amount before you actually start paying NI.
SMP is subject to PAYE and NI contributions like earnings. Any deductions, which can lawfully be made from pay e.g. pension, can also be made from SMP.
If you are not entitled to SMP, IHAG will give you form SMP1 explaining why and you should then make a claim, using form MA, to your social security/Jobcentre Plus office for Maternity Allowance. You will also need an MA1 form from your midwife or antenatal clinic.
6Enhanced Benefits from IHAG
IHAG makes an additional payment of 4 weeks half pay at the end of the period of ordinary maternity leave to all employees. In effect this means that whatever your maternity entitlement you will receive 4 additional weeks half pay after your 26 weeks OML.
7Your Pension
If you are in IHAG’s occupational pension scheme your period of paid maternity leave will be treated as though it were a period of normal employment. IHAG will continue to pay into the pension scheme contributions based on your normal salary (not SMP). You will pay contributions into the scheme based on the amount of pay you actually receive during your paid maternity leave. Unpaid maternity leave is not pensionable.
8Conditions
To ensure you gain your right to SMP you must meet the specified time limits set out above. If you do not you may lose your right to SMP. The time limits will only be extended in exceptional circumstances where it is not reasonably practicable for you to have met the deadline.
9Keeping in Touch
IHAG may make contact with you (and vice-versa) while you are on maternity leave, as long as the amount and type of contact is not unreasonable, to discuss a range of issues – e.g. to discuss your plans for returning to work, or to keep you informed of important developments at the workplace. You should be informed of any relevant promotion opportunities or job vacancies that arise during maternity leave.
You can do up to 10 days’ work under your contract of employment, as long as you have agreed this with your manager, and agree what work is to be done and how much you will be paid for it.
You and your Line Manager should discuss, before maternity leave starts arrangements for staying in touch. This might include agreements on the way in which contact will happen, how often, and who will initiate the contact. It might also cover the reasons for making contact and the types of things that could be discussed.
10Rights on Returning to work
You must give 8 weeks notice to IHAG if you intend to return to work before the end of the 52 week period, (this does not need to be in writing). If you intend to return to work at the expiry of your Maternity Leave no notice need be given, you should just return to work the day after your maternity leave expires. Your LineManager will be aware of this and will prepare for your return. If you wish you can discuss your return with your manager. IHAG will have written to you to notify you of your expected date of return after you notified IHAG of your pregnancy.
11After Ordinary Maternity Leave
If you resume work after OML you are also entitled to return to the same job on the same terms and conditions as if you had not been absent, unless a redundancy situation has arisen while you were on maternity leave, in which case, you will be offered a suitable alternative vacancy (where one is available).
12After Additional Maternity Leave
If you resume work after AML you are entitled to return to the same job on the same terms and conditions as if you had not been absent, unless a redundancy situation has arisen while you were on maternity leave, in which case, you will be offered a suitable alternative vacancy (where one is available).
If however, there is some reason other than redundancy why it is not reasonably practicable for IHAG to take you back in your original job, you will be offered suitable alternative work (where available).
If you wish to vary your working patterns on return from maternity leave you have the right to request a flexible working pattern.
13After OML followed by Parental Leave
If you return to work after OML followed by a period of parental leave of four weeks or less you are entitled to return to your original job on the same terms and conditions as if you had not been absent.
If you take a period of parental leave of more than 4 weeks immediately after the end of OML you are entitled to return to the same job on the same terms and conditions, unless that is not practicable, in which case IHAG will offer you a similar job.
14After Parental Leave taken immediately after the end of AML
If you take a period of parental leave immediately after a period of AML you are entitled to return to the same job or if this is not reasonably practicable, to a similar job.
15After two consecutive periods of Maternity Leave
If you become pregnant while on maternity leave it is possible that you will become entitled to another consecutive period of leave without returning to work. If you take two consecutive periods of maternity leave which include one or more periods of AML you can return to your original job, or if this is not reasonably practicable, to another similar job. If a redundancy situation arises during your maternity leave, IHAG will offer you a suitable alternative position, if one is available.
16If you do Not intend to return to work
If you decide that you do not intend to return to work you must give IHAG the notice period required as set out in your contract of employment.
If you do not wish to return to work after your maternity leave this will not affect your entitlement to SMP.
17If you are Unable to Return
If you cannot return to work, for example because you are sick, you should follow IHAG’s normal notification procedures e.g. follow sickness notification procedures
IHAG’s responsibility to protect employees during the various stages of pregnancy is detailed in Lone working policy
Particularly important is the Manager’s responsibility to carry out a risk assessment when made aware that a woman is pregnant. If risks are identified then you must look at ways of removing or controlling the risk. If this is not possible then as a last resort IHAG can place the woman on paid leave i.e. suspend on full pay until maternity leave commences. If such a situation arises it must be discussed with your Director and Human Resources before a suspension takes place.
18Maternity and Sickness
Up until the fourth week before your EWC, (unless your maternity leave has started) occupational sick pay and/or SSP will be paid in accordance with IHAG’s normal rules and conditions Once you are within four weeks of your EWC (provided you are still working), you may still be paid occupational sick pay/SSP if you are off sick, but only where the sickness absence is not related to your pregnancy (for example, if you are suffering from flu).
If, however, your sickness absence is pregnancy-related, IHAG will trigger the commencement of your maternity leave/pay period automatically, in which case SMP would become payable rather than SSP. SSP and SMP cannot be paid at the same time.
For further information
Signed by Executive Member:Date:
Next Review:
Last review:
Health & Safety during Pregnancy
Employers have a particular duty of care to ‘New and expectant mothers’. A risk assessment must be carried out, that reflects the work environment and any hazard that may impact on mother or child (both pre and post natal) over and above pre-existing control measures. This ensures that all reasonable steps are taken to protect both.
1Requirements
IHAG is required to:
1.1Assess the risk to the health and safety of women who are pregnant, have recently given birth or who are breast feeding.
1.2Ensure they are not exposed to risks identified by the risk assessment, which would present a danger to their health or that of the child.
1.3Work in conjunction with sound health and safety practices.
2Potential Outcomes
If, once the risk assessment has been completed, and all reasonable steps have been taken, a significant risk still exists, IHAG will:
2.1Temporarily adjust working conditions or hours of work
2.2Offer alternative work if any is available
2.3Allow the employee time off on full pay
IHAG retains responsibility for the Health and Safety of the employee irrespective of any arrangements which are made to support the employee by other members of IHAG staff.
3Specific Issues relating to Pregnancy
There are a range of physiological conditions associated with pregnancy that need to be taken into account and detailed in the risk assessment. These include lifting, posture, shocks, vibration, standing, sickness and tiredness, extremes of hot or cold, and exposure to biological or chemical agents.
For example control measures may include adjustment of shift start times if the employee is suffering from morning sickness.
Tiredness is associated with the later stages of pregnancy and IHAG will allow the employee reasonable rest time, in an appropriate area, wherever practicable.
4Medical Intervention
IHAG will request the employee to consult with their GP / midwife as soon as possible after pregnancy is confirmed with regard to any specific control measures or working practices which may be required. Any such controls should be specified in writing wherever possible.
5Risk Assessment
A risk assessment is attached to this policy for information and completion. It is crucial that the manager and employee liaise closely during this process, that the assessment is reviewed at each trimester and that the employee is encouraged to seek further advice from their GP / midwife as relevant.
The assessment should be treated as ‘live’ throughout and subject to amendment as required.
1