“By creating we think, by living we learn” Patrick Geddes
This section provides guidance on the rights to maternity and adoption benefits of female members of staff following the introduction of the Work and Families Act 2006 and associated regulations which provided maternity rights to pregnant employees whose babies are due on or after 5 October 2008.
These notes are for guidance only. All pregnant employees or employees due to have an adoption placement should contact their College/SASS HR Officer for further information about how these provisions affect them.
You are entitled to paid time off to attend ante-natal examinations and classes. However, you must inform your line manager as soon as possible of these appointments and your line manager may request that you provide an appointment card or note from your GP or Midwife.
There are now statutory provisions providing either for suitable alternative work on terms and conditions not substantially less favourable than your normal conditions or suspension on full pay, where on medical grounds it is not safe for you to continue in your normal job. In these circumstances you will either be offered suitable alternative work or be suspended on medical grounds on full pay.
Your entire maternity /adoption leave period will count towards your period of continuous employment.
Your incremental date is retained during your period of maternity/adoption leave.
Please contact the Pensions Office directly with any queries regarding your pension entitlements during maternity/adoption leave.
Whilst on maternity/adoption leave you will continue to accrue annual leave based on your contracted entitlement.
Before taking maternity/adoption leave you will be informed by the University of the period of annual leave which will accrue during this period.
Any leave accrued during the current leave year may be used in lieu of any equivalent amount of unpaid maternity/adoption leave.
Annual leave accrued during maternity/adoption leave can be carried from one leave year into the next.
Maternity/adoption leave can start on any day of the week.
You can choose to commence maternity leave at any time between the 11th week before the date of delivery and the expected date of delivery. You may not commence maternity leave prior to the 11th week before the expected week of childbirth.
However, from the beginning of the 4th week before the expected date of delivery, maternity leave will automatically be triggered if you are absent from work due to a pregnancy related illness or childbirth has occurred.
You should complete an 'Application for Maternity/Adoption Leave' form:
and return it to Human Resources at least 28 days before you wish to commence maternity/adoption leave. You are required to give 28 days notification of maternity/adoption leave, but it is clearly helpful if more notice can be given to make arrangements. It is, therefore, suggested that 13 weeks' notification is given to Human Resources, if possible.
The maternity/adoption leave application form must state the date you intend to commence leave and your proposed date of returning to duty (if you intend to return to work).
You must also submit a statement from a registered Medical Practitioner or practising Midwife (normally on the form MatB1) indicating your expected date of childbirth or a copy of letter which provides notification of approval for adoption at least 28 days before you intend to commence maternity/adoption leave.
Employees on maternity leave can, if agreed, go into work for up to 10 days (separate or in block) without losing entitlement to maternity leave or pay. In addition to these 'Keeping in Touch' days, the employer may maintain reasonable contact with employees on maternity leave to discuss the employee's plans for returning to work or to provide an update on developments in the workplace.
To qualify for the University Maternity/Adoption Leave Scheme you should have been continuously employed in the University's service for a minimum period of 12 months before the expected week of childbirth (EWC).
You may cease work at any time from the end of the twelfth week before your expected week of childbirth, right up to the week of childbirth. A minimum period of maternity leave, however, of 2 weeks following the birth of your child must be taken. SMP/SAP and salary will not be payable for ceasing work earlier than the twelfth week.
If you are absent from work as a result of pregnancy after the start of the 4th week before the expected week of childbirth, the University reserves the right to require you to start your maternity leave. In such a case sick pay will cease and maternity pay will start to be paid.
You should discuss the date you will be starting maternity/adoption leave on with your immediate supervisor as soon as is reasonably practicable. It is requested that Human Resources receive the following no later than 13 weeks before the expected week of childbirth (EWC).
You are required to give 28 days notification of maternity/adoption leave, but it is clearly helpful if more notice can be given to make arrangements. It is, therefore, suggested that 13 weeks' notification is given to Human Resources, if possible.
Provided that the requirements specified are met, you will qualify for the University Maternity/Adoption Leave Scheme and you will be entitled to:
Please note that full pay will include any statutory allowances payable.
If you have already stated that you wish to return to work, you may do so at any time up to the end of 52 weeks from the date your maternity/adoption leave commences, except that you may not return within 2 weeks of the birth of your child.
You must give at least 8 weeks notice, in writing, of the date on which you intend to return to work.
If you do not return to work and continue in employment with the University for at least 3 months after your maternity/adoption leave, the University will reclaim the whole of the non-statutory element of your maternity/adoption pay from you.
If you are unable to return at the end of your maternity/adoption leave for medical reasons, please send in medical evidence and you will be treated as an employee on sick leave.
Employees with less than 12 months continuous service at the expected week of childbirth (EWC)
If you do not have sufficient service with the University to qualify for the University Occupational Maternity/Adoption Leave Scheme you may be entitled to two separate maternity benefits - Statutory Maternity/Adoption Pay and Maternity/Adoption Leave.
Regardless of your length of service or hours of work you will be entitled to up to 52 weeks maternity/adoption leave, with the right to return to work before or at the end of this period.
You will be entitled to accrued benefits such as annual leave and pension contributions but no remuneration will be paid unless you have at least 26 weeks' continuous service by the 15th week before the expected week of childbirth.
You may cease work at any time from the end of the twelfth week before your expected week of childbirth, right up to the week of childbirth. A minimum period of maternity leave, however, of 2 weeks following the birth of your child must be taken. SMP/SAP will not be payable for ceasing work earlier than the twelfth week.
If you are absent from work as a result of pregnancy after the start of the 4th week before the expected week of childbirth, the University reserves the right to require you to start your maternity leave. In such a case sick pay will cease and maternity pay will start to be paid.
You should discuss the date on which you will be starting maternity/adoption leave with your immediate supervisor as soon as is reasonably practicable. It is requested that Human Resources receive the following no later than 13 weeks before the expected week of childbirth :
You are required to give 28 days notification of maternity/adoption leave, but it is clearly helpful if more notice can be given to make arrangements. It is, therefore, suggested that 13 weeks' notification is given to Human Resources, if possible.
Provided that you have 26 weeks' service by the beginning of the 15th week before your expected week of childbirth, i.e. provided that you have at least 41 weeks' continuous service by your EWC, you will be entitled to SMP/SAP provided that your average earnings are above the lower earnings limit for National Insurance Contributions.
You will receive 6 weeks pay at 90% of your normal week's pay and 30 weeks at the current rate of SMP/SAP. If you return to work at the end of the period of Ordinary Maternity Leave (ie 26 weeks) you will only be eligible for SMP for 20 weeks rather than 30 weeks.
Employees with less than 26 weeks continuous service by the 15th week before the expected week of childbirth may be entitled to receive Maternity Allowance (MA) which is paid by the Department for Work and Pensions.
In such cases your MATB1 form will be returned to you by Human Resources in order that you may progress a claim for Maternity Allowance with the Department for Work and Pensions. You must still complete an 'Application for Maternity Leave' form.
You may return to work at any time during the Ordinary Maternity Leave or the Additional Maternity Leave. A minimum period of maternity leave, however, of 2 weeks following the birth of your child must be taken.
You must give at least 8 weeks notice, in writing, of the date on which you intend to return to work.
If you are unable to return at the end of your 52 weeks' maternity/adoption leave for medical reasons, please send in medical evidence and you will be treated as an employee on sick leave.
If it is your intention not to return to work following maternity/adoption leave then you should complete section 2 of the 'Application for Maternity/Adoption Leave' form. Your employment with the University will terminate with effect from the date on which the last payment of SMP/SAP is made to you (where applicable). If you have 12 months' service prior to the EWC then you will receive SMP/SAP only.
Although it is not a legal requirement, the University will, on request, try to provide suitable facilities for employees who are breast-feeding at home to express and store their milk at work. For further information, contact Human Resources.
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