j��N��/���)�# �;�#����0���[����]�x,����� 7Z�m�v�r�-kT� @xK(Rq�������`ģ��i4�x��5�@��[�~?LZ����TA�N��ș6����W�L��Wثv}�Π�(Q��7�ק}�@�n5F,����p�1\�Q����+K! SMP is payable irrespective of whether or not the employee intends to return to work after maternity leave. Where appropriate, a payment will be made in lieu of annual leave not taken before the start of maternity leave and calculated up to the last working day. �[� \�DY燬��n����970����F�4¥��0���y�'=���fO�ۚ?8'. SMP is based on an employee's earnings in the eight week period up to and including the 15th week before her baby is due ('the qualifying period'). It is not intended that an employee use these days to continue her work during maternity leave or to work from home. 7.1.3 The final 13 weeks following this is unpaid in all circumstances. Her manager will add detail, where appropriate, and send copies to HR Services, the Director of Health and Safety, and retain a copy within the department. The amount to be reclaimed would be the non-statutory element of maternity pay. To qualify she must have been employed or self-employed for 26 weeks out of the 66 weeks before the EWC. It is recommended that the employee and her manager meet to plan arrangements and to discuss any potential issues anticipated, or arising, due to the pregnancy. This should be done, as soon as reasonably practicable, by the employee or someone acting on her behalf. Statutory Maternity Pay Scheme 8 12. View our cookie policy. The University's decision to reclaim any excess paid will take account of the circumstances of the individual case. This comprises 26 weeks Ordinary Maternity Leave (OML) and 26 weeks Additional Maternity Leave (AML). With the employee's agreement, redundancy consultations may start early, ie before the maternity leave begins. Blogs from experts on the latest workforce thinking. The table below shows the pay an employee may expect during maternity leave. Any period of sickness absence will be dealt with under the normal sick pay arrangements. Reference is made to the mother as a female/she. The table below shows the criteria required for each category. Your employer cannot fire you or … The employee is advised to notify her manager of her pregnancy as soon as possible so that a health and safety risk assessment may be carried out. This will have been confirmed to the employee by HR Services. If the employee's baby is born prematurely but after her maternity leave has already started, the rules governing Occupational Maternity Pay (OMP), Statutory Maternity Pay (SMP) and Maternity Allowance (MA) do not change. Maternity Leave is a temporary absence from an employee’s position and applies to expectant or new mothers who require time off for pregnancy, childbirth and child care. In general, eligibility of an employee will be assessed according to legislative guidelines. Statutory pay will be made up of: Employees who do not qualify for SMP, whether due to the statutory continuous employment rule or because of another aspect of eligibility, may be entitled to claim maternity allowance. Notification should be sent to her manager, copied to HR Services. Payment for a KIT day will be inclusive of SMP payment for the week. This will be sent within 28 days of receiving the forms. This page should be read in conjunction with the maternity leave and occupational maternity pay provisions which can be found in Section 15 of the NHS terms and conditions of service handbook. Maternity Leave Policy Maternity Leave Policy Page | 2 5.1.4 If the baby is born earlier than two weeks before the due date and before maternity leave has commenced, then the 26 weeks’ maternity leave will begin on the day of the birth. In the event of a stillbirth from the 24th week of pregnancy onwards, the employee will be eligible for maternity leave, OMP, SMP or MA in the normal way. Subject to satisfying the qualifying criteria, a pregnant employee will usually be entitled to Occupational Maternity Pay (OMP), Statutory Maternity Pay (SMP) or Maternity Allowance (MA) for all, or part, of her maternity leave dependent upon how much leaves she decides to take. All of her SMP entitlement will be paid via the University. Completing a risk assessment post maternity leave, Where an employee's contract is due to end during maternity leave, the University's. Implementation of the Policy and Procedure will be monitored through reports from ResourceLink and notified to Equality and Diversity Committee. 26 weeks of ordinary maternity leave (OML) and: 26 weeks of additional maternity leave (AML), beginning the day after OML finishes. Under the 1955 Employment Act, you are then entitled to at least 60 consecutive days of maternity leave at full pay. For example, ensuring she is updated of any changes since going on maternity leave, arranging any training required etc. Where an employee takes maternity leave in accordance with the Statutory Maternity entitlement, it is assumed she will be returning to work at the end of the total maternity leave period ie after 52 weeks. Regardless of length of service or hours of work, expectant mothers are entitled to up to 52 weeks maternity leave. Arrangements will then be made for maternity leave and pay to start from the day after the birth. If this is not possible, she should be offered a similar job on terms and conditions of employment which are no less favourable. The employee should pass the completed forms to her manager who is responsible for checking them and, where appropriate, adding comments to the ML2, before sending both forms to HR Services. If an employee qualifies for both SMP and NHS OMP this will be made up of. If KIT days are used the manager will need to inform Payroll by email confirming the date of the KIT day and the number of hours worked, so that, where necessary, a payment can be made. If an employee's contract ends before her entitlement to SMP ceases, she will remain on the University's payroll for the remainder of the period for which she is eligible for SMP. Employees must have 12 months’ continuous service with the NHS by the eleventh week before the expected week of childbirth (EWC) and: Intend to return to work in the NHS for a minimum of 3 months. Failure to return to work at the end of maternity leave will be treated as unauthorised absence unless the employee is sick and produces a medical certificate to cover the absence from the end of the maternity period. If you are a member of staff and have a query, please contact your HR team or local trade union representative. This is particularly important as there is a legal requirement on the University to protect the breastfeeding mother and her child. The manager is responsible for forwarding the form to HR Services. The employer is not obliged to offer KIT days; similarly the employee is not obliged to work any that are offered. Checklists and templates to help you and your organisation, Agenda for change Helpful information on miscarriage may be found on the Miscarriage Association website at. Publications, video & audio and much more. Prior to the employee returning to work, the manager should ensure arrangements are in place for the mother's return. All pregnant employees, regardless of length of service or hours worked, must take a minimum of 2 weeks maternity leave immediately after the birth of their child. SMP can start from any day of the week in accordance with the date the employee starts her maternity leave. If the baby is born before the intended start of maternity leave, HR Services should be advised in writing of the baby's date of birth. Ordinary Maternity Leave 7 9. Managers must ensure that employees are kept informed about changes at work, particularly if any of the changes will directly affect the individual's job or career development. The employee is encouraged to discuss her situation with her manager as soon as possible, to complete a flexible working request in line with the Flexible Working Policy at least 12 weeks prior to returning to work and to agree any new working arrangements prior to her return. It falls to the company’s discretion to grant paid maternity leave or unpaid maternity leave for an employee deemed legally ineligible. In the case of adoption, where an adoptive parent may be entitled to maternity leave it is recognised that the parent could be male or female. Shortly before maternity leave begins, a pregnant employee's manager should discuss a handover and arrangements for keeping in touch during maternity leave. NHS Employers offers NHS organisations a comprehensive range of events, seminars and conferences to share best practice, get informed and network with colleagues.