Maternity Leave Overview and Policy

Overview

1. Objective 

This policy sets out the rights and responsibilities of employees who are expecting babies, the help and support the [Company/Organisation] will give them, and the law which provides the foundation for issues about pregnancy and maternity.

2. Introduction 

As soon as you know that you are pregnant, you should tell [insert name and/or job title of person(s) to contact as appropriate]. This is in your own interests, and ensures that we can take any necessary steps to look after your health and safety and that of your baby.

Early notice also allows us to let you know what your rights will be to maternity leave and pay.

When telling us that you are pregnant, it would be helpful if you could obtain evidence of your expected week of childbirth from a registered medical practitioner as soon as possible and give it to [insert name and/or job title of person(s) to contact as appropriate].

3. Employee's Maternity-related Rights 

Once you are pregnant you have certain rights under the law, some of which depend on how long you have been employed by the [Company/Organisation]. These rights are as follows:

• The right to (paid) time off work for antenatal care (see section 3.1)

• The right not to be dismissed on account of pregnancy or maternity leave (see section 3.2)

• The right to be suspended on full pay if your pregnancy makes you unable to carry out your normal job and alternative work is not available (see section 3.3)

• The right to be paid statutory maternity pay (subject to certain conditions: see section 3.4)

• The right to take maternity leave and return to work

These rights are available to all female employees, regardless of whether they work full- or part-time (see section 3.5)

3.1 The right to (paid) time off work for antenatal care 

If you are pregnant, you are entitled to reasonable paid time off for antenatal care, irrespective of your length of service or the number of hours you work. This applies to appointments made for you by your doctor or a midwife. Such time off will be on full pay. You will not be required to make up the hours lost.

You should give your manager as much notice as possible of your appointments and, after the first one, should show them the appointment card from the hospital or clinic.

3.2 The right not to be dismissed on account of pregnancy or maternity leave 

You have the right not to be dismissed or discriminated against for any reason connected with your pregnancy or maternity leave.

3.3 The right to be suspended on full pay if unable to carry out normal duties where there is no other suitable alternative work available 

If, following an assessment of your condition and the work that you are normally expected to do, the [Company/Organisation] agrees that you are unable to carry out your usual work, it will either try and make amendments to the work or working conditions, or, if this is not possible, look for suitable alternative work for you. This will only be necessary where the work may cause harm to you/your baby. It is possible that any readjustments of your work may last until you take maternity leave. [see note 1]

If, despite its best efforts, the [Company/Organisation] cannot find suitable work for you to do, you will be suspended from work on full pay until the risks to you/your baby's health has passed or suitable alternative work becomes available. 

These provisions do not apply where your doctor has signed you off sick, but only where you are able to come to work but unable to carry out your particular job duties.

If you are suspended in these circumstances, you will still retain your entitlement to statutory maternity pay (if eligible) and your right to return to work after maternity leave.

3.4 The right to receive statutory maternity pay 

You will be eligible for statutory maternity pay (SMP) if you have at least 26 weeks' continuous service by the end of the 15th week before the expected week of childbirth (EWC) ("the qualifying week"), and average weekly earnings in the eight weeks up to and including the qualifying week of at least the lower earnings limit for Class 1 National Insurance contributions. [see note 2]

If you qualify for SMP, it is usually paid for a period of up to 26 weeks. Rates are fixed by law and are subject to tax and National Insurance deductions. Full details of the rates of SMP and how and when it may be paid may be obtained from [insert name and/or job title of person(s) to contact as appropriate].

If you qualify for SMP and your EWC begins on or after 1 April 2007, SMP will usually be paid for a period of up to 39 weeks. Rates are fixed by law and are subject to tax and National Insurance deductions. Full details of the rates of SMP and how and when it may be paid may be obtained from [insert name and/or job title of person to contact as appropriate].

3.5 The right to take maternity leave and return to work 

All pregnant employees have the right to take 26 weeks' maternity leave and then return to work. This 26-week period is known as ordinary maternity leave (OML). This right applies to all female employees regardless of their length of service or the number of hours they work per week.

All pregnant employees whose EWC begins on or after 1 April 2007 are entitled to take up to 52 weeks' maternity leave (i.e. 26 weeks of OML plus 26 weeks' additional maternity leave (AML)) and then return to work after the end of their AML. This right applies to all female employees regardless of their length of service or the number of hours they work per week.

During this statutory maternity leave period, the [Company/Organisation] will maintain all contractual rights except for pay. Employees will receive SMP instead, provided they meet the qualifying requirements.

In order to qualify for statutory maternity leave, you must provide us with written notification stating both:

1.  That you are pregnant

2.  The date, in writing, on which you would like to begin your maternity leave You must also provide a medical certificate stating the expected week of childbirth.

This notification must be received no later than the end of the 15th week before the EWC, subject to this being reasonably practicable.

We will reply to you within 28 days of receiving your notification and let you know the date on which your maternity leave period will end and when you will be expected back at work.

3.6 Changing the date of the start of your maternity leave 

If you need to change the date on which you wish to start your maternity leave after you have already notified us, you may do so but you should try to do so at least:

1.  28 days before the date changed

2.  28 days before the new date whichever is the earlier.

If you cannot meet these requirements, you should tell us as soon as is reasonably practicable.

Within 28 days of receiving such notification, the [Company/Organisation] will notify you of the revised date on which your maternity leave period will end.

You may choose when to start your maternity leave, as long as it does not begin earlier than 11 weeks before the EWC. You may continue working up to the date of your childbirth provided that this does not contravene health and safety regulations. SMP, however, is payable only when you start your maternity leave - it cannot be paid over and above normal salary.

If, however, you are off sick due to a pregnancy-related illness at any time after the beginning of the fourth week before the EWC, the maternity leave period will begin automatically on the day after the first day on which you are absent from work due to that illness.

4. Qualifying for AML 

If you have at least 26 weeks' continuous service with the [Company/Organisation] by the beginning of the 14th week before the EWC, you are also entitled to AML. AML can last for up to 26 weeks, giving you the right to take up to 52 weeks in all.

In this instance, you have the right to return to the same or a comparable job on terms and conditions no less favourable to those on which you were employed before you went on maternity leave.

If your EWC begins on or after 1 April 2007, you will be entitled to AML once you are entitled to ordinary maternity leave.

5. Status of your Contract of Employment During Maternity Leave 

5.1 Your contract during OML 

During your OML, all terms and conditions of employment continue with the exception of pay: you will receive SMP instead, provided you meet the qualifying requirements as set out in section 3.4 above.

Examples of contractual terms and conditions you are entitled to continue benefiting from include: the accrual of holiday entitlement, continuation of medical insurance and continuation of contributions towards your pension plan, which we would normally make if you were not on maternity leave. 

5.2 Your contract during AML 

During AML (to which employees with 26 weeks' service by the beginning of the 14th week before the EWC are entitled), your contract of employment will continue unless either the [Company/Organisation] or you end it, or it expires. During this time, you will continue to accrue your statutory holiday entitlement.

Other terms and conditions that apply during AML relate to the employer's duty of trust and confidence, and any terms that relate to notice of termination by the employer, redundancy pay, and grievance and disciplinary procedures. You must maintain your duty of good faith and abide by any terms relating to notice on termination, disclosure of confidential information, the acceptance of gifts or other benefits, and involvement in any other business.

You will not be entitled to any other occupational benefits during AML.

During AML, your contractual holiday entitlement will not be earned. Contractual holiday entitlement for any year during which you are on AML will therefore be pro rated according to the period during which you are actually at work.

Other contractual benefits will be temporarily withheld during AML and re-activated as soon as you return to work. If a salary increase falls due during maternity leave, it will be implemented on your return to work. You will also have your SMP recalculated to reflect the increase. [see note 3]

The [Company/Organisation]'s contributions towards your pension will be suspended during AML. However, if you return to work after AML and are employed by the [Company/Organisation] for a period of at least three months, the [Company/Organisation] will repay a sum of money equivalent to the contributions that were suspended into the pension plan on your behalf. [see note 4 ]

6. Returning to Work 

Before you go on maternity leave, we will agree the date on which we expect you to return. This will usually be at the end of either your OML or AML, depending on which you are entitled to.

Should you wish to return earlier than this agreed date, you must give the [Company/Organisation] 28 days' notice (preferably in writing). The [Company/Organisation] is not obliged by law to allow you to return before the end of this 28-day period.

If your EWC begins on or after 1 April 2007 and you wish to return earlier than this agreed date, you must give the [Company/Organisation] eight weeks' notice (preferably in writing). The [Company/Organisation] is not obliged by law to allow you to return before the end of this eight-week period.

You do not need to give us notice if you are returning to work immediately after the end of the maternity leave period you are entitled to. We would, however, appreciate a week's notice as a matter of courtesy. [ see note 5 ]

By law, you may not under any circumstances return to work within two weeks of the birth of your baby. [If you work on the factory floor, this compulsory maternity leave period is four weeks.]

If you are too ill to come back to work at the end of your maternity leave you are entitled to, the [Company/Organisation]'s normal sickness procedure will apply and you should let us have a doctor's certificate to cover your absence.

If you return to work at the end of OML, you have the right to return to the job that you left.

If you return to work at the end of AML, you have the right to return to either the same job or one that is similar in terms of duties, skills, status and rewards.

7. Working During your Maternity Leave 

If the EWC begins on or after 1 April 2007, you can work during your maternity leave on a 'keeping-in-touch' (KIT) day without bringing your maternity leave to an end or losing your SMP. You can work for up to 10 KIT days during your maternity leave but you cannot work on such a day until at least two weeks after the birth of the child.

You and your employer must agree that you will work on a KIT day. You do not have to work on such a day if you do not wish to do so.

Before you work on a KIT day, you and the [Company/Organisation] must agree the amount of pay that you will receive for working on a KIT day and the amount of weekly pay for a week during which you worked on a KIT day.

The amount of weekly pay for a week during which you worked on a KIT day cannot be lower than the weekly rate of statutory maternity pay to which you are entitled.

The total duration of your maternity leave period will remain at 52 weeks regardless of whether or not you work on a KIT day.

8. Contact During Your Maternity Leave 

If the EWC begins on or after 1 April 2007, the [Company/Organisation] is entitled to make reasonable contact with you during your maternity leave. We will contact you, e.g. to discuss whether or not your planned date of return to work has changed or is likely to do so, or to discuss any flexible working arrangements that would make your return to work easier.

You are also entitled to make reasonable contact with [Company/Organisation during your maternity leave, e.g. to discuss any flexible working arrangements that would make your return to work easier.

9. General Advice 

You are strongly encouraged to use your right to return to work. If you resign instead of taking maternity leave, you forfeit your right to return to work at a later date.

All periods of time that you take off work as maternity leave are subsequently counted as continuous service for the purposes of calculating any service-related statutory rights (e.g. redundancy payments). Thus, once you return to work, your length of service with us is calculated as if you had never been absent.

If you have any queries regarding your rights or obligations under this maternity policy, you should raise them in the first instance with [insert name and/or job title of person(s) to contact as appropriate].

Notes 

1.  It is wise to ensure that the written terms and conditions of employment (or contract) give the employer the right to ask the employee to carry out suitable alternative work where necessary. This can be done by adding a sentence into the document as part of the "Job title" section.

2.  The method of calculating SMP changed on 6 April 2005. Although the basis for calculation is still the eight-week period up to and including the qualifying week, employers now need to recalculate SMP if the employee is entitled to any pay increases that take affect any time from the beginning of the eight-week period to the end of their maternity leave.

3.  While the salary increase will not take effect until the employee's return from maternity leave, it may affect the calculation of SMP (see note 2 above).

4.  This is not a statutory requirement. Arrangements to make a payment for pension contributions are an entirely voluntary decision.

5. This request has no legal standing. An employer cannot take any action against an employee who fails to give notice of their return if this is on the date agreed before they start their maternity leave.

User Guide