SUPPORT STAFF MATERNITY LEAVE GUIDELINES

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1 SUPPORT STAFF MATERNITY LEAVE GUIDELINES Introduction I hope that you will find the information contained within this pack helpful. The information contained within this pack provides you with details of types of things you are expected to do in order to receive maternity leave and benefits under the Council s maternity schemes. It provides sample letters for you to use to help you comply with these requirements and other information you might find useful. An interpreter from the Council s Translation and Interpreting Service can be booked on request by your Personnel Officer if you need help with this pack. If there is anything about which you are unclear, or if you require any additional help or information, please do not hesitate to speak to your Line Manager and/or your HR Direct on , who will be pleased to advise you. With best wishes for the birth of your baby

2 Eligibility Camden operates three support staff maternity leave schemes. To identify which one you are entitled to, you need to calculate how long you have worked for Camden in relation to your expected week of confinement. This is the date on your maternity certificate (form MAT B 1), available from your midwife or doctor. If you have worked for the Council for one year or more at the beginning of the 11 th week before the expected week of childbirth, then you will qualify for Scheme A. Scheme A 16 weeks at full pay Then the option of receiving either: Option 1 24 weeks at half pay. You can also choose to take a further 12 weeks maternity leave without pay. Or Option 2 12 weeks at full pay. You can also choose to take a further 24 weeks maternity leave without pay. The payments set out above include the Statutory Maternity Pay you are entitled to. If you have worked for the Council for less than one year at the beginning of the 11 th week before the expected week of childbirth, but have completed 26 weeks service at the beginning of the 15 th week before your baby is due then you will qualify for Scheme B. Scheme B 6 weeks at 9/10ths pay Then 12 weeks at half pay, a further 21 weeks of Statutory Maternity Pay (SMP), if applicable. You can also choose to take a further 13 weeks of maternity leave without pay. 2

3 If you have worked for the Council for less than one year at the 11 th week before your baby is due and have completed less than 26 weeks at the beginning of the 15 th week before the expected week of childbirth, then you will qualify for Scheme C. Scheme C 6 weeks at 9/10ths pay Then 12 weeks at half pay followed by the option of 34 weeks unpaid leave. Similarly, if you are employed by the council on a temporary basis you may qualify for either Scheme A or Scheme B or C, depending on your length of service. However, your right to return to work may be affected by your employment contract. For example you will not have any right to return to work if your temporary contract expires during the period of your maternity leave, regardless of your length of service. If your temporary contract expires during your maternity period your right to contractual pay ceases. If you qualify for Scheme A or B you may also be entitled to both higher and lower rate Statutory Maternity Pay (SMP). SMP is paid for a maximum of 39 weeks. Initial Obligations of the Employee The employee is required to notify her Headteacher, at least 15 weeks before her baby is due, that she will be taking maternity leave. (However, earlier notification is desirable, in order for the school to arrange appropriate temporary cover for your job and to take into account your health and safety needs). Upon this notification a Support Staff Maternity Guidelines Pack will be issued to her. She must then provide the following: 1. Her MAT B 1 form. This form gives the expected week of confinement (EWC), which is the date when her baby is due. This form is issued by either her doctor or midwife no earlier than 26 weeks into her pregnancy. (Please note, the original document is required, a photo- copy will not be accepted). 2. A completed Notification of Intended Absence due to Pregnancy form (see page 7). This form requests: a) Name and contact details. 3

4 b) The actual date the employee wants her maternity leave to start. Maternity leave can start on any day of the week. It cannot start earlier than the 11 th week before the baby is due and no later than the day the baby is due. If an employee wants to continue working beyond her 34 th week of pregnancy, she must provide a doctors/midwife letter at fortnightly intervals, stating that she is fit to work. However, if the employee is off sick from work with a pregnancy related illness her maternity leave must start at the 4 th week before her baby is due. c) Which maternity scheme and option the employee is applying for. d) Her intention to return/not to return to work after her maternity leave. These two forms must be sent to the Personnel Section and upon receipt a maternity contract will be issued to the employee and the Payroll Section notified. Annual Leave (only applicable to all year round staff) You should take any outstanding annual leave before starting maternity leave wherever possible. Where this is not possible, you must take any accrued annual leave in a block at the end of the maternity leave period and, where you propose to return on a job share or part time working arrangement, before these begin. The normal rules for the carry over of annual leave will apply. Your manager must agree all annual leave. Time off for antenatal care You are entitled to paid time off to attend ante natal care appointments including parent craft and relaxation classes, where these have been recommended by a registered medical practitioner, midwife or registered health visitor. With the exception of your first appointment, you must provide evidence of the appointments before claiming time off. Your obligation to return to work If you take the maternity pay Scheme A,B or C, then you must return to work for six months. If you do not do this, you must pay back all contractual maternity pay. You will still qualify for SMP (if applicable). If you do not do this, we may take legal action to recover the money from you. Also, if you do not repay the money you owe us we will not reemploy you unless you have guaranteed to repay us the amount plus interest at a rate we will determine. 4

5 Miscarriage, stillbirth and infant death prior to return to work In the unfortunate event that your child is stillborn or dies at any time before you are due to return to work you must contact the Personnel Section as soon as possible. You will be entitled to the benefits that would have applied if your child had lived. If you miscarry before the 24 th week of pregnancy the conditions of the sickness scheme, including providing a sick certificate will apply. Contributions to the Council s Pension Scheme If you are a member of the Council s Pension Scheme, contributions will automatically continue to be deducted from the pay you receive whilst you are on maternity leave. Contributions will be based on the actual pay you receive (i.e. for any period during which you have elected to receive half pay, contributions will similarly be paid at half rate). A period of paid maternity leave will count in full towards your service for pension purposes. For any period of unpaid maternity leave, you must decide whether or not you wish to pay pension contributions. Contributions will be payable at the rate of pay you were receiving immediately before commencing the period of unpaid leave and will be recovered on your return to work. If you choose not to pay, the relevant period will not count for pension purposes. If you are having a period of unpaid maternity leave you should confirm your decision regarding the above by completing the form on page 8. After your baby s birth As soon as possible after the birth you must send your line manager or Personnel Section a copy of the baby s birth certificate. Returning to work When you know exactly when you will be coming back to work after the birth, you must let your line manager know. You must do this in writing, at least eight weeks before you wish to return to work. Should you wish to return to work during the summer school holidays, you must provide a doctor s certificate that states that you are fit to return to work. 5

6 You cannot return to work at any time within the two weeks after the birth of your baby. You have the right to return to the job you had under your contract of employment. This is subject to any organisational change that may have occurred during your period of leave, and on terms and conditions, which are as good as those, that would have applied to you if you had not been absent. If you want to return to the school on a job share, part time or other flexible working arrangement you should discuss this with your line manager as early as possible. Working reduced hours will always be subject to the requirements of the service. Keeping in Touch Days Keeping in touch days are days whereby you can return to work during your period of maternity leave. These days are designed to keep you abreast of changes that might be occurring at the workplace. They could be particularly useful for training days or a phased return to work. You can t be required to take up keeping in touch days and your employer is not obliged to offer them. You can take up to a maximum of 10 keeping in touch days and they must be agreed beforehand between your Headteacher and yourself. You will be paid full pay for keeping in touch days at the end of your maternity leave. I hope the information in this pack is helpful, but should you need guidance or further information please call the HR Direct on

7 NOTIFICATION OF INTENDED ABSENCE DUE TO PREGNANCY This form, along with your MAT B 1 certificate, must arrive at HR Direct, Town Hall Extension at least three weeks before you want your maternity leave to start. NAME PAY NO HOME ADDRESS TELEPHONE NUMBER SCHOOL I understand that I am eligible for Maternity Benefits according to Camden s Maternity Scheme. I wish to apply for: Circle as appropriate Scheme A Option 1 or Option 2 Scheme B Scheme C I would like my Maternity Leave to commence on Maternity leave can start on any day of the week. It cannot be earlier than 11 weeks before your baby is due and no later than the day your baby is due. I undertake to send my line manager a copy of the baby s birth certificate, when it is available. I intend to return to duty for a period of at least six months after my maternity leave is over. Circle as appropriate YES NO I understand that if I do not meet this obligation then I will be required to repay all contractual pay above the rate of Statutory Maternity Pay (SMP) Signed Date 7

8 TO BE COMPLETED BY EMPLOYEES WHO ARE CURRENTLY IN THE COUNCIL S PENSION SCHEME AND WHO HAVE CHOSEN TO RECEIVE A PERIOD OF UNPAID LEAVE DURING THEIR MATERNITY ABSENCE Please return this form to: The Pensions Section, LB of Camden, Town Hall, Argyle Street London WC1X 8NG NAME: PAY NO: ADDRESS: I am due to commence maternity leave on Tick as appropriate I wish to pay pension contributions for the period whilst I am on unpaid maternity leave and I understand that the contributions will be recovered from my pay on my return to work. I do not wish to pay pension contributions during the period I am on unpaid maternity leave and I understand that this period will not reckon in any way for pension purposes. Signed Date 8