Maternity Leave and Pay
One Degree North will ensure that all pregnant employees are treated fairly and consistently and receive all statutory rights and benefits to which they are entitled. Under legislation One Degree North is required by law to protect the health and safety of employees who are pregnant, have recently given birth or are breastfeeding. Health and safety protection on these grounds starts as soon as you advise One Degree North that you are pregnant.
Definitions are as follows:
Statutory Maternity Pay (SMP):
Compulsory pay payable to all female employees taking maternity leave provided they satisfy certain criteria. This is payable for up to 39 weeks.
Expected Date of Confinement (EDC):
The date the baby is due.
Expected Week of Confinement (EWC):
The week in which the baby is due. ‘Week’ means the week beginning with midnight between Saturday and Sunday in which it is expected that the child will be born.
Mat B1:
The maternity certificate from the doctor or midwife stating when the baby is due.
Continuous Service:
The date on which you commenced working for the Company.
Maternity Leave:
A period of up to 52 weeks’ maternity leave, available for all employees following childbirth subject to complying with certain notification requirements.
Compulsory Maternity Leave:
Period of leave imposed by law on all employees who are prevented from returning to work for a period of 2 weeks from the date of childbirth.
Ordinary Maternity Leave:
The first 26 weeks of your period of maternity leave.
Additional Maternity Leave:
A further 26 weeks’ maternity leave, to make up the full 52-week entitlement. Additional Maternity Leave follows Ordinary Maternity Leave and there must be no gap between the two.
Maternity Allowance:
Payments to be made by the Department for Work and Pensions to female employees taking maternity leave who do not qualify for statutory maternity pay.
Maternity, Adoption, Paternity and Parental leave is intended to apply to all employees. Any employee who is dissatisfied with any decision affecting their maternity or adoption rights should use One Degree North’s formal grievance procedure.
Key Maternity Facts
You should notify the director(s) in writing of your pregnancy as soon as you become aware of your condition to enable us to provide you with advice and details of other arrangements associated with maternity.
- You are entitled to time off for antenatal care.
- All time off for antenatal care must be paid at your notional rate of pay.
- If you fulfil the notification requirements outlined in this policy, you are entitled to take statutory maternity leave.
- These rights apply regardless of your length of service or hours of work.
Maternity Rights – Time off for Antenatal Care
Every pregnant employee has a right to reasonable time off with pay to receive antenatal care made on the advice of a registered medical practitioner, registered midwife or registered health visitor. This includes hospital or doctors’ appointments and antenatal clinics.
If you work part-time, provided the antenatal appointments fall in your normal working hours, you are entitled to any necessary time off work, including travelling time, without loss of pay. You will not be required to make up any working time lost through attendance at antenatal appointments.
For second and subsequent appointments, you need to produce a certificate from a doctor, midwife or health visitor stating that you are pregnant and your appointment card or some other document confirming your appointment. You should give this information to the director(s).
You should discuss your likely need for time off due to pregnancy with a director, giving as much notice as possible and wherever possible try to arrange them as near to the start or end of the day.
Health & Safety
Once you have informed us of your pregnancy, arrangements will then be made to assess your workplace to highlight any immediate risks in the normal working environment. A risk assessment will be conducted by a director.
Should you return to work having given birth within the last 6 months or return to work and notify us that you are still breastfeeding, we will carry out a further risk assessment.
We will discuss with you the outcome of the assessment and any risks that are identified. Any recommendations to minimise risk or increase your comfort will be made as quickly as possible. These may include:
- Changing your working conditions or hours of work.
- Offering you suitable alternative work on terms and conditions that are the same or not substantially less favourable.
- Suspending you from duties, which will be on full pay unless you have unreasonably refused suitable alternative work.
If you have not yet taken maternity leave, but your pregnancy does not allow you to continue in the same job for health and safety reasons, you will be offered suitable alternative work, if such work is available or suspended on medical grounds on full pay.
As your employer, we have a duty of care to ensure that you are safe whilst at work. If we feel, due to the requirements of your role or factors during your pregnancy, that adaptations to your role should be made, we reserve the right to enforce them after full discussions with you.
IVF and Fertility Treatment
You should notify the director(s) as soon as possible if you are undergoing IVF or other fertility treatment. We will endeavour to be as supportive and flexible as possible and any information you share with us will of course remain confidential.
If you are undergoing IVF or other fertility treatment, any planned appointments must be taken in line with the ‘Time off for Medical and Dental Appointments’ guidance in the Handbook. Alternatively, time could be taken off as holiday with the agreement of the director(s)
Any resulting sickness following an appointment, such as side effects of the treatment or recommended periods of rest, must be taken and will be recorded as sick leave, and the normal sickness notification and payment rules will apply.
Maternity Leave
Regardless of your length of service you are entitled to take 52 weeks’ maternity leave, this is made up of 26 weeks’ Ordinary Maternity Leave (OML) and a further 26 weeks’ Additional Maternity Leave (AML).
In order to qualify for Maternity Leave, you must notify the director(s) in writing by the end of the 15th week before your Expected Week of Childbirth (EWC) (or if this is not possible, as soon as reasonably practicable). This notice should include:
- Confirmation of your pregnancy.
- Your Expected Week of Childbirth (EWC).
- The date on which you intend to start your Maternity Leave (this date cannot be earlier than the 11th week before your EWC).
- Your MATB1 certificate from either your doctor or Midwife stating your EWC.
- The date on which you plan to return to work.
- The Notification of Maternity leave form.
You may not take maternity leave earlier than the 11th week before the EWC (unless the baby is born earlier).
After receiving the notice of the date on which you expect to commence maternity leave, the Company will respond within 28 days to confirm your start and end dates. Your end date will usually be the end of your 52 weeks Maternity Leave unless you indicate otherwise.
Your maternity leave will commence on one of the following dates, whichever is the earliest:
- On the date you have specified as the start of your maternity leave.
- If you are absent due to a pregnancy related reason after the beginning of the 4th week before the EWC, on the day after your first day of absence. You must notify the Company that you are absent from work wholly or partly because of pregnancy and of the date on which your absence for that reason began, as soon as is reasonably practicable.
- The day after childbirth occurs, if you give birth before your due date.
If your maternity leave is triggered automatically due to absence or childbirth (as outlined above), you must give the director(s) notice of the reason for your absence as soon as is reasonably practicable.
If you wish to change the date on which you intend to commence your maternity leave, you must notify the director(s) at least 28 days before the date to be varied, or the new date (whichever is the earlier), unless it is not reasonably practicable, in which case you should notify us as soon as is reasonably practicable.
If you are unable to meet the notification requirements set out above, you should notify as soon as reasonably practicable, and also set out your reasons as to why you have not been able to notify sooner.
Compulsory Maternity Leave
You cannot return to work during the first two-week period following childbirth as this is the law. This is your Compulsory Maternity Leave and you must take it.
Payment during Maternity Leave – Statutory Maternity Pay
During your maternity leave you will not receive a salary. You will qualify for Statutory Maternity Pay (SMP) if:
- At the end of the 15th week before your EWC, you have completed 26 weeks’ continuous service and
- Your average weekly earnings are above the lower earnings limit (LEL) for National Insurance Contributions for the period of 8 weeks preceding the 15th week before your EWC and
- You are still pregnant at the 11th week before the expected week of childbirth or have given birth by that time.
- You have given at least 28 days’ notice of your intended start date.
- You have provided a completed MATB1 certificate within 21 days of your SMP start date.
No statutory maternity pay will be payable without the MATB1 certificate or an acceptable alternative. Where it is not reasonably practicable to provide the maternity certificate within the stipulated time scale it must be provided as soon as possible, and an explanation of the delay given in writing to us.
If you meet the criteria above, you will be eligible for SMP which is paid for a period of up to 39 weeks as follows:
- The first 6 weeks are payable at the higher rate of SMP, which is 90% of your normal weekly earnings calculated using your average income which is subject to National Insurance deductions, during the eight weeks up to the 15th week before the EWC.
- The remaining 33 weeks are paid at the statutory rate or 90% of average weekly earnings if this is less.
SMP will only be payable for the weeks in which you do not work for us and is paid in the same manner and at the same time as your wages would normally be paid. SMP is also subject to Tax and National Insurance deductions. If you return to work before you have used 39 weeks’ SMP, you will receive your agreed salary exclusive of SMP.
If you do not qualify for Statutory Maternity Pay, we will write to you to confirm the reasons why, by providing you with an SMP1 form.
Maternity Allowance (MA)
Employees who do not qualify for SMP may be entitled to receive maternity allowance up to a maximum of 39 weeks and should contact Jobcentre Plus for further details about that right.
Enhanced Maternity Pay – for Employees with more than 2 years’ service
If you have more than 2 years’ service at your EWC you will be eligible to receive an enhanced maternity package. This is on the provision that you are prepared to sign a contract regarding the repayment of these enhanced monies if you do not return to work following your maternity leave.
Making this assumption the terms are as follows:
You will be eligible to receive full pay for the first 6 weeks of your maternity leave and half pay for a further 6 weeks of your maternity leave. For the remaining period you will receive further pay at the prevailing SMP rate, up until the end of your 39th week after your maternity leave commences. Thereafter, your pay will cease until you return to work. All other benefits will continue regardless.
You will be eligible to receive a staff a bonus payment of 1 months’ salary (the monthly amount at the time of leaving to go on Maternity), 12 months after returning to work if you remain an employee of One Degree North.
If the employee leaves One Degree North within 6 months of the date they returned to work following maternity leave then the employee will be required to repay any Enhanced Maternity pay received.
Illness during pregnancy
If you are absent from work due to an illness unrelated to your pregnancy, you must take sick leave and receive statutory sick pay until your maternity leave period begins. However, if you are off work for a pregnancy-related illness in the 4 weeks before the week your baby is due, we will automatically begin your maternity leave period from the first day of week 5 and notify you in writing.
You are disqualified from receiving statutory sick pay throughout the whole of your 39-week period of statutory maternity pay or maternity allowance.
Contractual Rights during Maternity Leave
All of your usual terms and conditions of employment continue throughout your period of maternity leave, apart from the right to receive your usual remuneration (which includes your basic salary and all cash remuneration). All your usual benefits will remain in place throughout your whole maternity leave period, however, One Degree North may suspend any benefits that are provided solely for business use at its discretion.
During your maternity leave, annual leave (both contractual and statutory) will continue to accrue as usual, including the entitlement to bank holidays. You cannot take annual leave during your maternity leave period, however subject to the usual holiday authorisation rules, you are encouraged to take your annual leave entitlement before or after your maternity leave period. You are reminded that holiday must be taken in the year that it is earned and therefore if the holiday year is due to end during maternity leave, you should take the full year’s entitlement before starting your maternity leave. Where this is not practical, and at our discretion, you may obtain written consent from the director(s) to take holiday at the end of the maternity leave period, or to receive payment in lieu of holiday not taken.
If you are a member of a Company pension scheme, details confirming your entitlements and requirements to make contributions throughout your period of maternity leave please contact TLC Accountants. During paid periods of your maternity leave, we shall continue to make any payments into your pension scheme.
If you have the right to return to work after your period of maternity leave then your contract of employment will continue during your maternity leave and service will be deemed as continuous (see below for more information).
If you become eligible for a pay rise before the end of your maternity leave, you will be treated for SMP purposes as if the pay rise had applied throughout the relevant period. This means that your SMP will be recalculated retrospectively. We shall pay you a lump sum to make up for any shortfall in the SMP received and increase any future SMP payments if necessary.
Keeping in Touch Days (KIT Days)
You may, by agreement with One Degree North, do up to 10 days’ work – known as ‘Keeping in Touch’ days (KIT days) – whilst on maternity leave. Any work done on any day during your maternity leave will count as a whole KIT Day, up to the 10-day maximum. Because KIT days allow work to be done, under your contract of employment, you will be entitled to be paid for that work. The rate of pay will be agreed in advance but will ordinarily be paid at your equivalent daily rate.
Returning to work after Maternity Leave
You may return to work at any time during your maternity leave period or at the end of your maternity leave (apart from during your Compulsory Maternity Leave), subject to certain notification requirements.
Unless you have notified us otherwise, you will be expected to return to work at the end of your maternity leave. Failure to return on that date will be treated as an unauthorised absence unless you are sick and can produce a current medical certificate before the end of the maternity leave period. It is requested as a matter of courtesy that you telephone us to agree a date for your return to work. If we have not heard from you, we may contact you to discuss your thoughts and plans for the end of your maternity leave and your return to work.
If you wish to return to work earlier than the end of your maternity leave, you must give at least 8 weeks’ written notice of the actual date on which you intend to return to work. If you fail to provide 8 weeks’ notice, your return-to-work date may be postponed until 8 weeks from your request, but no later than the end of the maternity leave period or your expected return date if sooner. We will not be under obligation to pay remuneration until the postponed date. Note that if you do not return early, your return date cannot be any later than the end of the maternity leave period (subject to any holiday you may take at the end of your maternity leave with the consent of the Company).
If you wish to return later than the end of your maternity leave period, you should make a request to take unpaid parental leave in accordance with our parental leave policy. You should give us as much notice as possible, but no less than 21 days. You may also request paid annual leave in accordance with your contract, subject to our discretion.
If you are unable to return to work due to sickness or injury, this will be treated as sickness absence and our usual sickness policy will apply.
In any other case, late return will be treated as unauthorised absence.
Changes to Employment upon Return from Maternity Leave
If you return to work after OML (first 26 weeks of your leave), you have the right to return back to work to the same job on the same terms and conditions of employment which were in existence prior to your maternity leave.
If you return to work after AML (between week 27 and 52 of your leave), you have the same rights as after OML, however if One Degree North can demonstrate that it is not reasonably practicable for you to return to your original job, you have the right to return to another job which is both suitable and appropriate for you to do in the circumstances, on the same terms and conditions of employment which were in existence prior to your maternity leave. Should this be the case, the director(s) will arrange a meeting prior to your return to discuss the change in position and any administrative details.
If you worked full time prior to your maternity leave you have no automatic right to return on a part-time basis or make other changes to your working patterns. You do however have the right to request to work flexibly and any such request will be handled under the Flexible Working Practices policy.
Unexpected Events
In cases where a baby is stillborn after the 24th week of pregnancy, all terms and conditions as stated above will still apply to all female employees of One Degree North.
Protection Against Unfair Dismissal
You will not lose your job due to pregnancy or because you have taken a period of maternity leave.
If your role becomes at risk of redundancy during OML or AML, the standard redundancy process will apply and you are entitled to be offered any suitable alternative employment on your return to work. This will not be prejudiced by your maternity leave.
The Maternity, Adoption, Paternity and Parental leave policy and procedures have been developed to ensure that your rights and entitlement are protected at every stage of the process. One Degree North will not treat any employee less favourably or dismiss them because they are pregnant, absent on Maternity/Adoption/Paternity/Parental leave or for any other reason connected with pregnancy, maternity, paternity or adoption.
Sharing your Maternity Leave and Pay entitlements
If you return to work before the end of your maternity leave or pay periods, you may be able to share your statutory entitlements to leave and pay with your partner. Please see the Shared Parental Leave section below for more details.
Deciding Not to Return
If you do not intend to return to work, or are unsure, it is helpful to discuss this with us as early as possible. If you decide not to return you should give notice of resignation in accordance with your contract of employment. You should give notice in plenty of time – the amount of maternity leave left to run when you give notice must be at least equal to your contractual notice period, otherwise we may require you to return to work for the remainder of your notice period. Once you have given notice that you will not be returning to work, you cannot change your mind without our agreement. This will not affect your right to receive SMP.
If you have received maternity monies over and above your statutory rights, you will be expected to repay these additional monies upon resignation from the Company.
Resigning from work whilst you are pregnant
If you decide to resign during your pregnancy, you should hand in your notice in the normal way, giving the notice period as stated in your contract. You will leave at the end of your notice period, and you are entitled to continue to receive your normal pay and benefits during the notice period.
Dependent on what stage of your pregnancy you resign, you may still be entitled to receive SMP. If your leave date is after the end of the 15th week before your baby is due (this is roughly the 26th week of your pregnancy) and you meet the normal qualifying conditions, you will still be entitled to Statutory Maternity Pay. However, if your leave date is before the end of the 15th week before your baby is due you will not be entitled to Statutory Maternity Pay, but you may be entitled to Maternity Allowance.