MATERNITY LEAVE SCHEME Last updated June 2016 (for changes to pension schemes) This procedure is applicable to all academy employees Review date: May 2018
CONTENTS No Section Page 1 To whom this scheme applies 3 2 Initial obligations of the employee 3 3 Varying commencement date of leave 3 4 Obligations of the academy 3 5 Ante-natal care 4 6 Health and safety 4 7 Entitlement to maternity leave 4 8 Return to work 4 9 Notification of return to work 5 10 Maternity pay for teaching staff 5 11 Maternity pay for education support staff 7 12 Keeping in touch 8 13. Definitions 8 14 Other absences 8 15 Other provisions 9 16. Pensions implications 9 2
1. To whom this scheme applies 1.1 The academy maternity leave scheme shall apply to all pregnant employees. 2. Initial obligations on the employee 2.1 The employee shall:- 2.1.1 Notify the Human Resources department in writing at least 28 days before she wishes to start maternity leave, or as soon as is reasonably practicable; 2.1.1.1 that she is pregnant 2.1.1.2 of her expected week of childbirth (EWC), by means of a medical certificate from a registered medical practitioner or registered midwife 2.1.1.3 when she wishes to start her maternity leave 2.1.2 The beginning of the employee s absence shall be no earlier than 11 weeks before EWC and shall always be on a Sunday, 2.1.3 Declare at the time of notification of her intended absence (under 2.1.1 above), that she intends to return to work at the academy (if that is her intention and if she is able to return to work); and 2.1.4 Not remain at work if certified medically unfit to do so 3. Varying commencement date of leave 3.1 An employee may vary the date upon which she intends to take her Ordinary Maternity Leave (OML) provided that she notifies the Human Resources department in writing of the new date at least 28 days before the date originally notified or 28 days before the new date upon which she intends her OML to start, whichever is earlier, or if that is not reasonably practicable, as soon as reasonably practicable. Such new date may not be earlier than the 11th week before the EWC. 3.2 An employee may have her leave delayed if she fails to give relevant notice until 28 days after the date on which the correct notice should have been given. An employee who starts her maternity leave without giving the relevant notice (unless impractical) shall be unpaid. 4. Obligations of the academy 4.1 Within 28 days of receiving the notification of pregnancy, the Human Resources department will write to the employee confirming the start date of her maternity leave. 4.2 The Health & Safety Officer shall carry out a Risk Assessment. 3
5. Ante-natal care 5.1 Any pregnant employee has the right to paid time off to attend ante-natal care and must produce evidence of appointments if requested to do so by the Human Resources department. 6. Health and safety 6.1 Consideration must be given to any health and safety implications for pregnant or breast-feeding employees identified in the Workplace Risk Assessment carried out as soon as reasonably possible after receiving notification from the employee in accordance with paragraph 4.2 above. 7. Entitlement to maternity leave All employees, irrespective of length of service and working hours (full time or part time), are entitled to remain absent for a period up to 52 weeks, consisting of 26 weeks Ordinary Maternity Leave (OML) and a further 26 weeks of Additional Maternity Leave (AML), which must run continuously from the OML. An employee will not be allowed to commence their absence earlier than 11 weeks before the EWC or to return to work earlier than two weeks after the day of childbirth. An employee who takes OML is entitled, for the period of the leave to the benefit of all the terms and conditions of employment which would have applied if she had not been absent, with the exception of remuneration, and is bound by the obligations arising under those terms and conditions other than the requirement to attend work. 7.1 Subject to the provisions of sub-paragraph 7.1 below, employees have a right to choose when to start their maternity leave subject to the following exceptions: 7.1.1 where the employee is absent from work wholly or partly because of pregnancy or childbirth any time after the beginning of the 4 th week before the EWC. In these circumstances, maternity leave will be automatically triggered; 7.1.2 where the baby is born before maternity leave commences. In these circumstances, the day after the date of childbirth should be regarded as the first day of OML. The date of birth should be confirmed by providing the child s birth certificate. 7.2 If the employee is on sick leave for a reason not connected with her pregnancy, she may continue to receive SSP until the baby is born and ordinary maternity leave will commence on the day of childbirth. 8. Return to work 8.1 Ordinary Maternity Leave: 8.1.1 An employee who returns to work after a period of OML is entitled to return to the post in which she was employed under her original contract of employment and on terms and conditions not less 4
favourable than those which would have been applicable to her if she had not been absent. Post, for this purpose, means the nature of the work which she is employed to do and the capacity and place in which she is so employed immediately before she took OML. 8.2 Additional Maternity Leave: 8.2.1 An employee who returns to work after a period of AML is entitled to return from leave to the post in which she was employed before her absence, or if it is not reasonably practicable for the academy board to permit her to return to that post, to another post which is both suitable and appropriate for her to do in the circumstances. The employee s right to return is a right to return with her seniority pension rights and similar rights as they would have been if the period of her employment prior to her leave were continuous with the period of employment following it on terms and conditions not less favourable than those which would have applied if she had not been absent. 9. Notification of return to work 9.1 An employee returning at the end of her full maternity leave entitlement is not required to give further notification. If an employee wishes to return to work earlier than the end of the 52 weeks leave, she must give at least 8 weeks written notice. If such notice is not given, the employer has the right to postpone the return by 8 weeks or to the end of the 52 week period, whichever is earlier. 9.2 An employee cannot return to work earlier than two weeks after childbirth. If necessary, the period of maternity leave will be extended for a further 2 weeks to allow for this provision. 9.3 Where an employee is unable to return to work at the end of her period of maternity leave due to sickness, the sick pay scheme as set out in the Sickness Absence Policy shall apply to such absence. 10. Maternity pay for teaching staff 10.1 A teacher who has less than 26 weeks continuous service as at the 15th week before the EWC but who has paid 26 weeks national insurance contributions during the 66 weeks prior to the EWC shall not be entitled to contractual maternity pay or Statutory Maternity Pay (SMP) but may be able to claim the non-taxable state benefit Maternity Allowance. 10.2 Payment of salary to a teacher who has completed not less than 26 weeks continuous service at the 15th week before the EWC, but with less than 1 year continuous service as at the 11 th week before EWC and who earns more than the Lower Earnings Limit and therefore pays NI contributions, shall be entitled to Statutory Maternity Pay (SMP) only as follows: 10.2.1 6 weeks at 90% of an average week s pay ( higher rate SMP ); 5
10.2.2 33 weeks at lower rate SMP (standard rate or 90% of average weekly earnings, whichever is lower) 10.3 Payment of salary to a teacher who has completed more than 1 year s continuous service as a teacher at the beginning of the 11 th week before the EWC shall be in accordance with the provisions set out below and shall be made on the condition that she will be available, or able to return to work for the required period specified in paragraph 10.6 below. 10.4 A teacher shall be entitled to maternity pay as follows: 10.4.1 A teacher eligible for Statutory Maternity Pay (SMP) will have the payments made in the first six weeks of absence offset against the payments made under 10.4.2 and 10.4.3 below. 10.4.2 A teacher will receive full pay for the first four weeks of absence which will be offset against payments made by way of SMP or Maternity Allowance (MA). 10.4.3 A teacher will receive 9/10ths of a week s salary for the following two weeks of absence which will be offset against payments made by way of SMP or Maternity Allowance (MA). 10.4.4 For the next 12 weeks of paid absence, half pay without deductions except by the extent to which the combined pay and SMP (or, if not eligible for SMP, maternity allowance and any dependants allowances) exceeds full pay. 10.4.5 For the remaining weeks up to 39 weeks, Statutory Maternity Pay or Maternity allowance as applicable. 10.4.6 After expiry of the 39 weeks paid leave period the teacher will not be eligible for any payment for any remaining period of absence up to the date of return notified by the teacher. 10.5 Relationship with sickness 10.5.1 Maternity leave will not be taken into account for the calculation of the period of entitlement to sickness leave. 10.6 Subsequent obligations of the teacher 10.6.1 The teacher s subsequent obligation is to return to her job for at least 13 weeks (including periods of academy closure) as a qualifying condition to receipt of academy maternity pay. 10.6.2 Where the Principal agrees, a full-time teacher may return to work on a part-time basis for a period which equates to 13 weeks of fulltime service. Similarly where the Principal agrees, a part-time teacher may return to work on a different part-time basis for a period which equates to 13 weeks part-time service relating to her 6
previous contract. This would be in addition to the right to request statutory flexible working. 10.6.3 The 13 week period (or part-time equivalent) starts from the date the teacher returns to work or the date during the academy holiday on which the teacher is declared medically fit to be available to work. 10.6.4 In the event of the teacher not being available, or being unable, to return to her job for the required period, she shall refund such sum after the first six weeks payment as the Principal may decide. Payments made by way of SMP are not refundable. 11. Maternity pay for education support staff 11.1 An employee with less than 26 weeks continuous service at the 15 th week before the EWC but who has paid 26 weeks National Insurance contributions during the 66 weeks prior to the EWC shall not be entitled to contractual maternity pay or Statutory Maternity Pay (SMP) but may be able to claim the non-taxable state benefit Maternity Allowance. 11.2 Payments for employees with more than 26 weeks continuous service at the 15 th week before EWC but who have less than 1 year s continuous service at the beginning of the 11 th week before the EWC shall be the employee s entitlement to Statutory Maternity Pay (SMP) only as follows: 11.2.1 6 weeks at 90% of an average week s pay (higher rate SMP ; 11.2.2 33 weeks at lower rate SMP (standard rate or 90% of average weekly earnings, whichever is lower) 11.3 Payments for employees who have completed 1 year s continuous service at the 11 th week before the EWC shall be as follows: 11.3.1 For the first six weeks of absence, an employee shall be entitled to 9/10ths of an average week s pay offset against payments made by way of SMP or Maternity Allowance (MA) for employees not eligible for SMP. 11.3.2 An employee who declares in writing that she intends to return to work, will for the subsequent 12 weeks receive half a week s pay without deductions except by the extent to which the combined pay and SMP (or MA and any dependant allowances if the employee is not eligible for SMP) exceeds full pay. Alternatively, the equivalent amount (i.e. 6 weeks pay) may be paid or any other mutually agreed distribution. 11.3.3 For employees not intending to return to work, payments during the subsequent 33 weeks shall be the employee s entitlement to SMP. 7
11.3.4 Payments made by the academy during maternity leave under paragraph 11.3.2 above shall be made on the understanding that the employee will return to the academy s employment for a period of at least three months. In the event of her not doing so, the employee shall refund the monies paid, or such part thereof, if any, as the academy may decide. Payments made to the employee by way of SMP are not refundable. 12. Keeping in Touch 12.1 Employees may, by agreement with the Principal or Human Resources Director, carry out up to ten days work, known as Keeping in Touch days (KIT) under their contract of employment at any point during the maternity leave period, except for the first two weeks after childbirth. There is no obligation for the academy to offer KIT days or for an employee to work them. 12.2 Any work done on any day during the maternity leave period will count as a whole KIT day, up to the maximum of ten days. For instance, should an employee come in for a one-hour training sessions or meeting, she will have used one of her Keeping in Touch days. 12.3 The type of work that the employee undertakes on KIT days will be mutually agreed by the employee and the academy. Keeping in Touch days may be used for any activities which would ordinarily be classed as work under an employee s contract of employment. 12.4 An employee may be paid for the work carried out under the KIT arrangements, without loss of Statutory Maternity Pay. The rate of pay will be a normal day s pay. 13. Definitions 13.1 For the purpose of the maternity leave scheme, a week s pay shall be treated as the amount payable to the employee under her current contract of employment. If there are significant variations in the employee s salary, the average salary over the 12 weeks preceding the date of absence shall be treated as a week s salary. 13.2 Childbirth means the birth of a living child, or the birth of a child whether living or dead after 24 weeks of pregnancy. 13.3 Nothing in the above provisions shall be construed as providing rights less favourable than statutory rights. 14. Other absences 14.1 If in the early months of pregnancy an employee is advised by an approved medical practitioner to remain absent from the academy because of the risk of rubella, or any other infectious disease, she shall be granted leave with full pay. 8
14.2 Absence on account of illness which is attributable to the pregnancy, including absence on account of miscarriage, and which occurs outside the period of absence for maternity, shall be treated as ordinary absence on sick leave and shall be subject to the conditions normally governing such leave, provided it is covered by a doctor s statement. 15. Other provisions 15.1 Where a employee does not intend to apply for maternity leave, she shall notify the Principal in writing that she wishes to terminate her employment and this notification shall be given at least 21 days before the proposed termination date or as soon as is reasonably practicable. In these circumstances her employment shall terminate: 15.1.1 either with the agreement of the employee, or if because of her pregnancy she is incapable of doing her own or some other suitable work, at a date 11 weeks prior to the expected week of childbirth; 15.1.2 or, at some other date less than 11 weeks before the EWC. 15.1.3 Following a return to work, the normal provisions for termination upon notice in accordance with the employee s Contract of Employment shall apply. 16. Pensions implications 16.1 Teachers Pensions 16.1.1 Members of the Teachers Pensions Scheme who decide that they will return after the 39 weeks paid leave will pay contributions based on the actual maternity pay received during the 39 weeks. 16.1.2 During the period of unpaid maternity leave, if taken, the employee will no longer continue to pay contributions. The employer s contributions will also cease for periods of unpaid leave. An employee who resigns at the start of her maternity leave will cease to pay pension contributions on the day on which the termination of her contract of employment will take effect. 16.1.3 Provided a teacher is receiving at least half their salary or SMP their leave will be classed as pensionable employment. If not then that period is not counted as pensionable. It is advisable that they contact Teachers Pensions to seek advice on the effect that a period of unpaid maternity leave will have, as well as any options available to enhance their pension (www.teacherspensions.co.uk). 16.1.4 A teacher who decides not to return to work after their maternity leave will be considered to have ceased pensionable employment at the end of their SMP or once they are receiving nil pay. 9
16.2 Local Government Pensions Scheme 16.2.1 From April 2014 if you are a member of the LGPS and have a period of relevant child related leave the amount of pension you build up won t be affected. 16.2.2 Relevant child related leave covers all periods of Ordinary Maternity Leave, Ordinary Adoption Leave and Ordinary Paternity Leave and any paid Additional Maternity leave, Additional Adoption Leave, Additional Paternity Leave and Shared Parental Leave. That means that if during a period of reduced contractual pay or no pay during relevant child related leave, pension is still worked out using an average of usual pensionable pay (before the reduction in pay took place). Contributions are only paid on any pay that you receive. 16.2.3 If a member of support staff decides to take a period of unpaid additional Maternity, Adoption (usually from week 39 to week 52), Paternity or Shared Parental Leave they will not build up pension benefits, but can elect to cover the period of pension lost by taking out a Shared Cost Additional Pension Contribution (SCAPC) contract. 16.2.4 Where a SCAPC contract is taken out to cover the pension lost during a period of unpaid additional Maternity, Adoption or Paternity leave, the cost is shared 1/3 rd to the academy and 2/3rds to the employer, provided that an election is made to buy the lost pension within 30 days of returning to work. 16.2.5 Further details can be obtained from Teesside Pensions (www.teespen.org.uk). 10