This instruction applies to : / Reference :
All staff directly employed by Public Sector Prisons HMPPS HQ / PSI 18/2011
AI 05/2011
Issue Date / Effective Date
Implementation Date / Expiry Date
13 July 2017 (Revised) / 1 April 2011 / N/A
Issued on the authority of / HMPPS Agency Board
For action by / All staff responsible for the development and publication of policy and instructions (Double click in box, as appropriate)
HMPPS HQ
Public Sector Prisons
Contracted Prisons*
National Probation Service (NPS)
Community Rehabilitation Companies (CRCs)
HMPPS Immigration Removal Centres (IRCs)
Other Providers of Probation and Community Services
Governors
Heads of Groups
All HR departments
Shared Services
Line Managers
* If this box is marked, then in this document the term Governor also applies to Directors of Contracted Prisons
Instruction type / HR function
For information / All staff directly employed by Public Sector Prisons and HMPPS HQ
Provide a summary of the policy aim and the reason for its development / revision / Introduces a revised policy document in place of NTS 11/2007 (Maternity Leave), NTS 36.2008 (Maternity Leave and Adoption Leave) and Section 12 (12.1 – 12.41) of the “Extract from the Staff Handbook 2005”
Copies of these held on the NOMS Intranet will be removed; hard copies must be removed locally.
The Terms and Conditions in this AMENDED PSI are the same as in the original version there is no change to policy, the changes that have been made are to terminology and do not affect any dates or lengths of time.
Update July 2017 - A further amendment has been made to clarify the scope of this policy, removing the reference to casual staff, and to replace references to Additional Paternity Leave with Shared Parental Leave. The expiry date has also been removed. Paragraph numbers have been amended throughout.
Contact / Shared Services HR Contact Centre
' 0845 010 3504
Associated documents / Further guidance on this and other family leave polices is available on My Services.
Replaces the following documents which are hereby cancelled:-
NTS 11/2007
NTS 36/2008
Section 12 (12.1 – 12.41) of the “Extract from the Staff Handbook 2005”
Audit/monitoring:
Mandatory elements of instructions must be subject to management checks (and may be subject to self or peer audit by operational line management/contract managers/HQ managers (delete as appropriate), as judged to be appropriate by the managers with responsibility for delivery. In addition, HMPPS will have a corporate audit programme that will audit against mandatory requirements to an extent and at a frequency determined from time to time through the appropriate governance.
Introduces amendments to the following documents:
PSI 18-2011 Maternity Leave (issued on 28/03/2011 and re- issued on 01/09/2011).
Notes: All Mandatory Actions throughout this instruction are in italics and must be strictly adhered to.
Page 3
Contents
Section / Subject / Applies to1 / Executive Summary / All Staff
2 / Policy and Operational Instructions
3 / Maternity leave and pay / Relevant staff and managers
4 / Key intranet and access information
1. Executive summary
Background
1.1 A review of the Maternity leave policy has taken place in order to keep pace with present legislation and produce a comprehensive policy that is fair to staff and consistent with policies aimed at staff in MoJ and other public sector workers.
Desired outcomes
1.2 The revised policy document aims for an improved format and greater clarity. It takes into account present legislation and provides a coherent approach to maternity leave across the MoJ.
Application
1.3 HR colleagues and Shared Services should be aware of the full contents of the document. The eligibility for maternity leave and pay is contained within the Policy. Process, procedures and Guidance has been written for use on My Services. This can be found under the ‘Being away from work’/‘Family Leave’ section.
Mandatory actions
1.4 Governors must make sure that staff and line managers apply maternity leave arrangements as set out in this document.
Resource Impact
1.5 There should be no additional resource implications resulting from this revised policy.
(Approved for Publication)
pp. Dave Mann
Deputy Director of Human Resources, HMPPS
Martin Beecroft
Executive Director of Human Resources, HMPPS
2. Policy and Operational instructions
2.1 Policy and Operational instructions set out in the Policy came into effect on 1st April 2011 and should be adhered to at all times.
Policy Statement
2.2 The Ministry of Justice (MoJ), including HMPPS, is committed to being an employer of choice and realises that becoming a parent can be a challenging as well as a joyous time. MoJ recognises that motivated, loyal and committed employees are vital to the success of the organisation. So by supporting employees throughout their pregnancy and maternity leave MoJ will retain its highly valued and skilled employees.
2.3 Maternity leave allows pregnant employees to give birth, recover from giving birth and to bond with and care for their new child.
Principles
2.4 The main principles that underpin the Maternity Leave Policy are that -
· It is compliant with employment legislation.
· MoJ will allow all pregnant employees to take up to 52 weeks maternity leave subject to providing the required notice.
· MoJ will enable a period of maternity leave to be transferred to the mother’s partner and, where qualifying criteria are met, allow her partner to take Shared Parental Leave.
· MoJ will pay Occupational Maternity Pay to eligible employees who have one year’s continuous government service, either full or part time, as at the expected week of childbirth (EWC).
· MoJ will allow employees reasonable time off for antenatal care.
· MoJ will meet its obligation under Health and Safety legislation by ensuring a new and expectant mother’s risk assessment is conducted, recommendations implemented and reviewed as required.
Who does it apply to?
2.5 This policy applies to all eligible permanent, temporary and fixed term employees. It does not apply to agency staff or contractors. Staff on a career break may be entitled to maternity benefits depending upon whether they meet the eligibility requirements for leave or pay at the relevant time
Maintaining Confidentiality
2.6 Managers and employees and all parties involved in operating the maternity policy are expected to maintain confidentiality. If an employee breaches another employee’s right to confidentiality, this may be treated as a disciplinary offence, depending on the circumstances.
Roles and Responsibilities
2.7 All employees will -
· Understand and follow the procedures including timelines contained in this document.
· Wherever possible, be reasonable, flexible and timely in their requests for maternity leave and antenatal care.
· Keep in contact with their line manager as agreed as part of the Keeping in Touch Scheme arrangements.
2.8 As a manager you must
· Ensure the policy is complied with in your own area.
· Ensure employees have access to appropriate resources such as information available on My Services including flexible working policy, details of Salary Sacrifice Scheme for Childcare Vouchers & contact details of any relevant support Networks.
· Discuss any queries on the application or interpretation of the policy with Shared Services.
· Ensure that a new and expectant mother’s risk assessment is conducted and reviewed as necessary – see My Services for details.
· Wherever possible, be reasonable, flexible and timely in your response to any requests for leave.
· Notify Shared Services as soon as the employee notifies you of her intention to take maternity leave, her maternity leave dates, any changes to those dates and any ‘Keeping in Touch’ days.
· Keep maternity leave records including keeping in touch days in accordance with Data Protection Policy.
· Maintain contact with the employee during her maternity leave as agreed as part of the Keeping in Touch Scheme.
2.9 HR Policy will
· Monitor the policy to ensure that it is applied consistently and review it regularly to ensure that it remains in line with relevant legislation.
2.10 Shared Services will
· Support managers and employees on the application of the policy.
· Process Maternity Leave forms promptly and confirm leave and pay arrangements in writing to the employee and her manager within 28 calendar days of employee’s request for leave.
· Liaise with payroll to ensure Occupational and/or Statutory Maternity Pay is paid accordingly.
2.11 List of Useful Terms and Abbreviations
Ministry of Justice (MoJ)
All references to MoJ in this policy include HMPPS. Where there are specific provisions made for HMPPS, HMPPS is specifically identified.
Expected Week of Childbirth (EWC)
The week in which it is expected that the baby will be born. It always starts from the Sunday on or before the date the baby is due.
Ordinary Maternity Leave (OML) - This is the first 26 weeks of Maternity leave and can commence on any day of the week.
Additional Maternity Leave (AML) - This is an additional 26 weeks Maternity Leave which must, if taken, directly follow OML without a break. This, when added to OML means that a pregnant employee can take up to 52 weeks leave around the birth of a child.
Shared Parental Leave (SPL) – If the mother wishes to return to work before the period of maternity leave has ended she can transfer up to 50 weeks of her outstanding leave entitlement to her partner, providing certain qualifying conditions are met. Separate policy and guidance is available on Shared Parental Leave.
SMP - Statutory Maternity Pay
MA - Maternity Allowance
MATB1 - A certificate issued by a certified Midwife or registered Medical Practitioner confirming the EWC and issued after the 20th week of pregnancy.
Qualifying Week (QW)
The 15th week before the EWC. The ‘qualifying’ week is calculated by counting back 15 weeks from the start of the week the baby is due. The EWC is found on the MATB1 certificate.
Qualifying period
The eight week period that ends in the qualifying week - that is the 15th week before the EWC. This period is used to calculate an employee’s average weekly earnings.
Miscarriage – Is the loss of a pregnancy during the first 24 weeks.
Stillbirth – A stillborn baby is born after completion of the 24th week of pregnancy.
Compulsory Maternity Leave – This is a period where the employee must take two weeks’ leave after the birth of their child.
3. Maternity Leave and Pay
Maternity leave
3.1 Pregnant employees are entitled to up to 52 weeks maternity leave regardless of the length of their service. This leave is made up of:
· Ordinary Maternity Leave (first 26 weeks)
· followed immediately by Additional Maternity Leave (up to 26 weeks).
3.2 To qualify for maternity leave an employee must notify their line manager no later than the end of the 15th week before the expected week of childbirth (EWC), or as soon as is reasonably practicable:
· that they are pregnant;
· the expected week of childbirth (EWC); and
· when they intend to commence maternity leave (no earlier than the 11th week before the EWC).
Maternity pay
1. Occupational Maternity Pay (OMP)
3.3 MoJ will pay Occupational Maternity Pay to eligible employees for up to 39 weeks as follows:
· the first 26 weeks at full contractual pay; followed by
· 13 weeks at the lesser of either the standard weekly rate of Statutory Maternity Pay or 90% of the employee’s average weekly earnings.
Payments are subject to tax and National Insurance.
Who is eligible to receive OMP pay?
3.4 Employees must meet the following conditions to be eligible to receive OMP:
· have at least one year’s continuous government service at the expected week of childbirth (EWC);
· notify their line manager of the pregnancy no later than the end of the 15th week before the EWC or as soon as is reasonably practicable;
· intend to return to work after the baby has been born;
· undertake to repay any occupational maternity pay received (less Statutory Maternity Pay) if the employee does not return to work for a period of at least one calendar month before leaving the Service;
· be in paid service with MoJ at the time maternity leave starts;
· produce a maternity certificate (form MATB1) or other statement from a registered Medical Practitioner or a certified Midwife specifying the EWC, or, in the event of a premature birth, a birth certificate; and
· fulfil all of the qualifying criteria for Statutory Maternity Pay (SMP) - see below for details.
What happens if an employee does not intend to return to work?
3.5 Employees who satisfy all the above conditions but do not intend to return to work at the end of their maternity leave will be entitled to receive SMP only – see below.
2. Statutory Maternity Pay (SMP)
3.6 Employees who do not qualify for Occupational Maternity Pay may be eligible to receive Statutory Maternity Pay. In this situation, the employee will receive up to 39 weeks as follows:
· first 6 weeks paid at the rate of 90% of the employee’s normal weekly earnings
· followed by 33 weeks paid at the lesser of;
o the standard weekly rate of Statutory Maternity Pay or
o 90% of the employee’s normal weekly earnings
The current rate of SMP can be found on the DWP Website [https://www.gov.uk/maternity-pay-leave/overview].
Who is eligible to receive SMP?
3.7 Employees must meet the following conditions to be eligible to receive SMP:
· have at least 26 weeks continuous service into the 15th week before the expected week of childbirth (EWC) - the ‘qualifying week’;
· have normal weekly earnings for the period of eight weeks ending with the ‘qualifying week’ of not less than the Lower Earnings Limit in force at the time of payment of National Insurance - see HMRC website for limit;
· be employed in the ‘qualifying week’;
· still be pregnant at the 11th week before the EWC or have already given birth to the baby;
· have given at least 28 calendar days’ notice of the date on which the employee wants to start receiving SMP (or as soon as is reasonably practicable), and that she will be (or is) absent from work because of the pregnancy or childbirth. An employee must give additional notice where she is confined (i.e. gives birth):