Maternity leave policy
Introduction
The maternity leave and pay policy complies with statutory requirements and offers enhanced benefits depending on an employee’s length of service.
All female employees, regardless of length of service, are entitled to Statutory Maternity Leave once the eligibility criteria and notice requirements are met.
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Eligibility and notice requirements
To qualify for maternity leave and pay employees must:
- Notify their manager or HR of their pregnancy in writing no later than the 15th week before the expected week of childbirth. The notice should confirm:
- when the baby is due, and
- the intended maternity leave start date. This may be change at a later date once 28 days notice are give.
- Submit a MATB1 form. This is a medical certificate issued by the doctor or midwife which states the expected week of confinement. This is issued at 21 weeks.
- Once the above information has been received HR will contact the individual confirming the details of their maternity leave in writing.
- To qualify for Statutory Maternity Pay employees must have 26 weeks continuous service with the Commission on the 15th week before the baby is due (Qualifying Week) and must also earn an average weekly amount that is equal or more than the lower limit for National Insurance Contributions.
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Maternity leave
Statutory Maternity Leave is 52 weeks made up of 26 weeks Ordinary Maternity Leave and 26 weeks Additional Maternity Leave.
Maternity leave may commence at any time and on any day of the week from 11 weeks before the expected birth.
The first two weeks immediately after the birth are compulsory maternity leave and staff are not allowed to return to work during this period.
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Maternity pay
Maternity Pay starts on the first day of maternity leave. In addition to Statutory Maternity Pay the Commission offers an additional Company Maternity Pay scheme for staff with longer service.
There are three maternity pay categories:
Less than 26 weeks service at the ‘Qualifying Week’
Staff in this category are not eligible for either Statutory Maternity Pay or Company Maternity Pay.
However, individuals may be entitled to Maternity Allowance (MA) depending on their recent employment history and earnings record. MA is available through Job Centre Plus, further information is available at www.jobcentreplus.gov.uk.
Between 26 weeks and 1 year’s service at the 'Qualifying week'
Individuals will receive Statutory Maternity Pay for 39 weeks. This will be made up of:
- 6 weeks at 90% pay (based on average weekly earnings in the set period – see appendix 2). This is the higher rate of SMP.
- 33 weeks at the lower rate of SMP
- The final 13 weeks are unpaid
More than 1 years service at the 'Qualifying Week'
Individuals will receive Company Maternity Pay which consists of:
- 9 weeks at 90% pay (based on average weekly earnings in the set period – appendix 2). This is the higher rate of SMP.
- 17 weeks at half pay plus the lower rate of SMP (the total must not exceed 90% of normal pay)
- 13 weeks at the lower rate of SMP.
- The final 13 weeks are unpaid.
Staff in this category have the option of receiving Statutory Maternity Pay only during their maternity leave and receiving the additional Company Maternity Pay element as a lump sum when they return to work.
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Additional information
Premature births/pregnancy-related illnesses
If the baby is born before the start of the 11th week before the expected week of childbirth or before maternity leave was otherwise due to commence, the day on which childbirth occurs will be the start date of your maternity leave.
If the individual is off sick for a pregnancy related reason within the four week period before the expected birth date. Maternity leave will automatically commence on the first day of sick leave from work for that reason.
Ante-natal care
All pregnant employees are entitled to paid time off for ante-natal care. Staff should try to arrange appointments at the beginning or end of a working day if possible and supply evidence of appointments (eg appointment card) to their line manager, after their first appointment.
Health and safety
The Commission has a duty to conduct risk assessments on pregnant and breast feeding women and to take measures to avoid exposure to health and safety risks. In some circumstances, the Commission may seek medical opinion in relation to protecting a pregnant employee's health and safety, which may result in adjustments to the individual's job: they may be given suitable alternative duties and in some cases may be suspended on medical grounds.
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Annual leave during maternity
Annual leave, bank holidays and concessionary days will continue to accrue during maternity leave.
Pension
If you are a member of the Commission’s pension scheme deductions from your maternity pay will continue at the applicable employee contribution rate during any paid leave.
On your return to work you can make up any gap by paying extra contributions within 30 days to bridge the unpaid period. In this case, the Commission would pay employer contributions based on ‘normal’ pay, the employee contribution would be based on the applicable employee contribution rate as a percentage of company maternity pay/and or statutory maternity pay which applied immediately before you stopped receiving pay.
Staff eligible for maternity leave, but not maternity pay may elect to bridge the unpaid maternity leave period at the applicable employee contribution rate as a percentage of their ‘normal’ pay.
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Contact during maternity leave
During the maternity leave period, the Commission may make reasonable contact with an employee and, in the same way, an employee may make contact with the Commission. Contact may include: updating an employee on workplace changes or informing her of promotional opportunities or job vacancies.
Arrangements for keeping in contact should be made with the line manager and/or HR prior to commencing maternity leave.
'Keeping-in-touch' days
Staff have the option to attend work for up to a maximum of 10 days during their maternity leave. These are known as ‘keeping-in-touch days (KIT days)' and do not affect your maternity leave entitlement. Keeping-in-touch days allow you to attend work to undertake training activities or relevant work activities and events and are paid at your normal rate of pay.
These days are not compulsory and there is no obligation on either party to arrange or agree these.
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Notice of return to work
The return to work date will be set as 52 weeks after the commencement of maternity leave.
Should the individual wish to return to work before this or earlier than the date originally specified, eight weeks notice must be giving in writing outlining the intended return to work date.
If the required notice is not given the Commission may delay the return until eight weeks notice has been given, but not later than the end of the 52 weeks maternity leave period. A woman whose return has been postponed is not entitled to be paid if she returns to work during the period of postponement.
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Returning to work
An employee is entitled to return to the same job on the same terms and conditions if she returns to work either during or at the end of Ordinary Maternity Leave.
If an employee returns to work during or at the end of Additional Maternity Leave she is entitled to return to the same job or if this is not reasonably practical, to a similar suitable job under the same terms and conditions.
Employees who wish to vary their work patterns on return from Maternity Leave should refer to the Flexible Working Policy for further details. All requests will be reviewed sympathetically in line with business needs.
Individuals are unable to return to work at the end of maternity leave, due to sickness, must produce a medical certificate, and if they continue to be unfit to return to work, the Sickness Absence Policy will apply.
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Not returning to work
Individuals who do not wish to return to the Commission after maternity leave must give notice of termination as detailed in their contract of employment.
Individuals who receive Company Maternity Pay must return to work for a period of three months. If this is not adhered to the individual will be required to reimburse the Commission the difference between Statutory Maternity Pay and Company Maternity Pay paid.
June 2011
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Date Updated: 01/08/11