The Union will help support employees during these major changes in their lives and these policies are designed to help them understand their entitlements. Please note that the statutory rights and payments payable under these policies are subject to revision by the Department of Work and Pensions each April. This policy will be revised periodically, giving due consideration to any legislative changes where necessary amendments may be made.
Entitlements around Maternity Leave (ML) and Maternity Pay
An expectant mother is entitled by law to up to 52 week’s Maternity Leave (26 weeks’ Ordinary Maternity Leave and 26 week’s Additional Maternity Leave), regardless of their length of service or how many hours a week they work.
The employee is also entitled to reasonable paid time off to attend antenatal care appointments on the advice of a registered medical practitioner, midwife or health visitor. This can also include relaxation classes and parent craft classes.
An employee in a ‘qualifying relationship’ with a pregnant woman or her expected child will be entitled to reasonable paid time off to accompany the woman to antenatal appointments.
The employee may be asked to provide a signed declaration in advance which details: ?
- the date and time of the appointment ?
- that they are in a ‘qualifying relationship’ with a pregnant woman or her expected child ?
- that the time off is for an antenatal appointment that has been made on the advice of a medical practitioner, midwife or health visitor.
The Union asks that employees try, wherever possible, to make appointments at the start or end of their working day. When an appointment is in the middle of the day, the employee should, wherever practicable, come into work prior to and after the appointment.
‘Qualifying relationship’
An employee has a ‘qualifying relationship’ with a woman or her expected child if they are: ?
- the baby’s father ?
- the expectant mother’s spouse, civil partner or partner in an enduring relationship or
- intended parents of a child in a surrogacy arrangement if they expect to be entitled to and intend to apply for a parental order in respect of that child.
Time off due to Sickness
Any sickness absence prior to the 4th week before the Expected Week of Childbirth (EWC) will be treated as ordinary sick leave and the Union’s normal sickness procedure will apply.
Any pregnancy related sickness that occurs within the 4 weeks before the EWC, even for 1 day, will automatically trigger the start of the Maternity Leave the day following the first day of absence.
Any other sickness absence within this 4-week period which is not pregnancy related and which occurs before Maternity Leave has commenced will be treated as ordinary sick leave and the Union’s normal sickness procedure will apply.
Annual Leave
Before starting Maternity Leave (ML), it is expected that the employee will take, as a minimum, all of the annual leave entitlement which they have accrued up to starting ML. If they are prevented from doing so for business or an exceptional unavoidable reason (e.g. illness), it may be possible, only on the agreement of the Chief Executive, to carry the balance forward into the next leave year.
During the ML period (paid or unpaid), the employee will continue to accrue annual leave which should, where possible, be taken immediately following ML. If this is not possible, accrued annual leave may be carried forward into the following leave year. Accrued annual leave will also include any bank holidays or concessionary days that were not taken during the ML.
If the employee does not return to work at the end of their ML, any outstanding accrued annual leave will be paid in their final salary.
In the event that accrued annual leave is not taken within the current leave year or personal reasons unrelated to the business, the carry-forward of leave will be restricted to no more than half an annual leave year’s entitlement and must be approved by the Chief Executive. All leave must be approved prior to being taken.
If an employee is on a Fixed Term contract and their contract ends whilst they are on ML, they will accrue annual leave and any bank holiday and concessionary days up to the end of their contract. They will be paid any remaining accrued annual leave entitlement in their final salary.
Applying for Maternity Leave (ML)
The employee will notify the Union that they are pregnant and advise of the week (Sunday to Saturday) in which the baby is due (EWC), providing a completed Maternity Certificate (MATB1) as soon as possible and, at the latest, by the end of the Qualifying Week (QW). The QW is the 15th week before the expected week of childbirth and the week that is used to calculate entitlement to Statutory Maternity Pay (SMP).
The employee will need to discuss with HR the actual date they wish their Maternity Leave (ML) to start. The Union will write to the employee within 28 days confirming their intended arrangements and the date they will be expected to return to work following their ML.
Should the employee change their mind about the date they wish to start their ML they should notify the Union at least 28 days in advance of the new date or whichever the earlier is of: ?
28 days before the date they originally intended to start ML; or ?
28 days before the new date they want to start ML; ?
As soon as is reasonably practicable, if the above not possible to do.
Starting Maternity Leave (ML)
The earliest date ML may begin is 11 weeks before the EWC. ML can commence on any day of the week.
If the birth commences earlier than is anticipated and prior to the planned ML start date, maternity pay and leave will start the day after the baby is born. The employee is expected to inform the Union of the birth as soon as is reasonably practicable and confirm the start of ML.
NB the latest date planned ML can start is the day that the baby is due, as indicated on the MATB1 form.
Pregnancy Risk Assessments and Breastfeeding
In order for the Union to protect new and expectant mothers, the pregnant employee is urged to inform the Union as soon as possible about their pregnancy. A Pregnancy Risk Assessment will be conducted with the employee by HR and sometimes their line manager as soon as the Union is aware of the pregnancy.
On returning to work from ML it is important that the new mother informs their line manager if they are breastfeeding. This is to enable any risk assessment or workplace adjustments to be considered. If the employee requires private and safe facilities for express and store breast milk, they should inform their line manager. Line managers should allow flexibility in break times to allow employees to express milk during working hours.
Maternity Pay
Maternity pay may consist of Statutory Maternity Pay (SMP), Maternity Allowance or Occupational Maternity Pay (OMP), depending on an employee’s level of earnings and length of service.
Statutory Maternity Pay (SMP)
SMP is a payment for women employed during pregnancy and can be paid for a minimum of 39 weeks of the ML period. The employee may be eligible to ML even if they do not plan to return to work.
In order to be entitled to SMP, the employee must meet the following conditions:
- Have been employed by the Union for a continuous period of at least 26 weeks by the end of the 15th week before the week their baby is due (QW).
- They must have stopped work. ?
- They must still be pregnant on the 11th week before the EWC or have given birth by then. ?
- Their average weekly earnings must not be less than the National Insurance lower earnings limit in force during the QW. ?
- They must provide the Union with notice of their intention to take ML no later than the end of the QW. ?
- They must provide the Union with evidence of their EWC.
SMP is paid at the rate of:
- 6 weeks’ pay at 90% of average weekly earnings (with no upper limit) and ?
- Up to 33 weeks’ pay the current statutory rate or 90% of average weekly earnings, whichever is less.
The Union will inform the employee in writing if they are eligible for SMP (or OMP) and what the relevant weekly amounts are.
Occupational Maternity Pay (OMP)
In addition to SMP, the employee may be entitled to OMP dependant on eligibility and length of service. Eligible employees with 26 weeks or more continuous service by the QW (the 15th week before the EWC) will receive: ?
- 8 weeks’ pay at full pay rate (including SMP), and ?
- 16 weeks at half pay rate (plus SMP or 90% of average weekly earnings, whichever is less), and ?
- Up to 15 weeks at the statutory rates.
Please note that employees can request that the pay above be averaged over a time period if preferred e.g. Full pay for a longer period with a reduced period of half pay.
The statutory rate is calculated based on the actual earnings on which the employee has paid national insurance contributions in the 2 month pay period prior to the QW.
No combination of payments will exceed full pay.
If the employee does not return to work and they were in receipt of OMP, they will be able to retain the first 6 weeks of the OMP but will not be entitled to any other OMP. If the employee informs the Union on their Maternity Form that they will return to work following their ML but then decides later not to return, they will have to repay the Union the 12 weeks’ half pay that they received through their ML. Wherever possible, this will be deducted from any payments that may be due to the employee via payroll.
In order to retain the right to the full 18 weeks’ OMP, the employee must remain in employment with the Union (whether returning full or part-time) for a minimum period of 13 weeks after the date of return from ML.
If the employee is on a Fixed Term Contract they may be entitled to SMP and /or OMP. If the employee’s contract ends whilst they are on ML, their entitlement to OMP will cease on the date the employment ends, although any outstanding SMP will be paid in full.
Maternity Allowance (MA)
Employees with less than 26 weeks’ continuous service by the QW are not entitled to any OMP or SMP but may still be entitled to 39 weeks’ Maternity Allowance (MA) from the Department of Work and Pensions.
To get MA, they employee must have: ?
Been employed and/or self-employed for at least 26 weeks in the 66 weeks up to and including the week before the baby is due. These 66 weeks are known as the ‘Test Period’. Part weeks are counted as full weeks; and ?
Earned, on average, at least £30 or more a week over any 13 weeks in the Test Period. If employees are registered as self-employed, they will be treated as having an amount of earnings if they have paid Class 2 contributions or hold a Small Earnings Exemption Certificate.
Payment of Maternity Pay
The option chosen by the employee on the Union’s Maternity Form will affect when they will receive any OMP they may be entitled to, as follows: ?
- ‘Intending to Return’ – OMP may be paid on the normal pay day each month. ?
- ‘Not Intending to Return’ – OMP may be paid for the first 6 weeks only.
The employee will receive SMP or MA regardless of which option they choose.
Still Births and miscarriages
The Union has sympathy and compassion for employees who experience a still birth or miscarriage at any stage in their pregnancy. ?
- Childbirth is defined as the birth of 1) a living child or 2) a stillborn child after 24 weeks of pregnancy. The legal consequences relating to childbirth therefore only apply in the above two circumstances. ?
- A miscarriage is the loss of the baby during the first 23 weeks of pregnancy. ?
- A stillbirth is where the baby is born dead after 24 weeks. The child is issued from its mother after 24 weeks but does not breathe or show any signs of life.
Employees who are pregnant or have given birth (including a stillbirth) are entitled to ordinary maternity leave (OML) and additional maternity leave. The employee's ML will start on the day after the day of childbirth.
The Union understands that legislation does not deem a miscarriage prior to 24 as a birth and whilst they will not be entitled to maternity leave or pay, staff will be entitled to sick leave or pay as appropriate.
Contract Status
On resuming work after Ordinary Maternity Leave (first 26 weeks), the employee is entitled to return to the same job as she occupied before commencing ML on the same terms and conditions as if she had not been absent, unless a redundancy situation has arisen.
If the employer’s job is redundant or they are returning after Additional Maternity Leave (beyond the first 26 weeks) and there is some reason why it is not reasonably practicable for the Union to take them back into their original job, the Union will offer any suitable alternative that is available.
Earliest Date of Return The earliest day the employee can return to work by law is 14 days after the birth of their baby, calculated from the date of birth.
Returning to Work Part-time
If the employee works full-time, there is no automatic right to return to work on a part-time basis. If an employee wishes to return on a part-time basis, they must make an application for Flexible Working to their line manager at the earliest opportunity. The Union will endeavour to accommodate such requests whilst considering the needs of the business. If the request cannot be accommodated, this will be discussed with the employee and the reasons given to them in writing.
The earlier the discussions take place, the more likely that any new arrangements agreed will be able to take effect from the employee’s return from ML. Delays in requesting new working arrangements may result in the employee returning to their existing working hours before any new arrangement commences.
Notice to Return to Work
Once the employee has notified the Union of the date they wish to start their ML, their expected date of return will be calculated. This is the date the Union is expecting them to return to work taking into account their full 52-week ML entitlement. The employee will not receive any further communication regarding this during their ML.
The employee is entitled to bring forward the date of their return to work as long as they provide eight weeks’ notice in writing.
If the employee has notified that they wish to return to work early, the union may postpone their return to work for up to four weeks after the notified date of return. Where this occurs the Union’s notification would be conveyed to the employee before their notified date of return and would provide the reasons for the postponement.
The employee will be entitled to return on the deferred date. The deferred date will not be any later than the date that the full entitlement to ML ends.
If the employee is not fit to attend work on their date of return, they must comply with the Union’s normal sickness notification procedure.
If the employee is planning to take Parental Leave following Maternity Leave they must notify the Union in accordance with the Policy on Parental Leave.
If there is an interruption of work which makes it unreasonable for the employee to return to work on the notified day, they would be expected to return when work resumes after the interruption or as soon as is reasonably practicable thereafter.
Should an employee decide that they do not wish to return to work, they need to give contractual notice to the Union as stated in their contract allowing for their notice period to be completed before the date they are due to return to work.
Keeping in Touch during Maternity Leave
The Union may make reasonable contact with the employee (and vice-versa) while they are on ML to discuss a range of issues – e.g. to discuss plans for returning to work, or to keep the employee informed of important developments at the workplace. They will also be informed of any relevant promotion opportunities or job vacancies that arise. The employee may wish to discuss arrangements for keeping in touch with their line manager prior to the start of their ML.
Keeping in Touch Days - The employee may, by agreement with the Union, do up to ten days’ work (or part days), known as “Keeping in Touch Days” under their contract of employment during their Maternity Leave period (with the exception of the first two weeks after the baby is born). These days are different to the reasonable contact that can be made as detailed above. Keeping in Touch (KiT) Days mean the employee can actually come into work and carry out work for which they will be paid at their hourly rate for the number of hours which they work on that day, without impacting on their SMP payments.
The type of work undertaken on KiT Days needs to be agreed between the Union and the employee. These days may be used for any activity which would ordinarily be classed as work under the employee’s contract, for which they would be paid, but could be particularly useful to enable them e.g. to undertake a training activity or attend a team meeting.
KiT days may only take place by agreement between both the employee and the Union. The Union may not enforce employees to work during their ML if they do not wish to, nor does the employee have the right to work KiT Days if the Union does not agree to them. Employees are encouraged to discuss with their Line Manager if they wish to undertake KiT days.
Employee obligations
For the employee to maintain their right to statutory ML and pay they must ensure that they comply with the following: ?
- Continue to be employed by the Union until immediately before the beginning of the 11th week before the EWC. ?
- Notify the Union in writing that they are pregnant, of the date on which they intend to leave to start and the week in which their child is due, by the end of the QW. Please do this using the Union’s Maternity Form. ?
- Not attend work if certified medically unfit to do so. ?
- Give medical evidence to the Union in the form of a MATB1, stating the EWC. ?
- Notify the Union if at any time during the maternity pay period they (1) intend to travel outside the EU and for how long and if (2) they are taken into legal custody, as this will affect their right to receive SMP. ?
- Not work for the Union or for any other employer during their ML except for Keeping in Touch days.
- To notify the Union of their intention to return to work in writing at least 8 weeks before their intended date of return, if they wish to return early.