This policy aims to detail the employee’s rights, entitlements, the procedure for claiming entitlements and the responsibilities of employees, managers and HR committee

Appendix A is a visual guide showing the latest dates for notification and what pay employees will receive (subject to eligibility).

3.0 Employee’s maternity related rights

Pregnant employees have certain rights under the law, some of which depend on their length of service:

Pregnant employees have the right to 52 weeks maternity leave
39 weeks paid maternity leave, which could consist of statutory maternity pay, maternity allowance or occupational maternity pay (subject to meeting certain criteria)
Paid reasonable time off for antenatal care (fathers or partners now have the right to unpaid leave to accompany pregnant mothers to two antenatal appointments)
The right not to be dismissed due to pregnancy or maternity leave
The right to be suspended on full pay if pregnancy is a reason for being unable to carry out their normal job, and alternative work is not available
If returning to work following Ordinary Maternity Leave, the employee has the right to return to the job they left. If returning to work following Additional Maternity Leave, the employee has the right to return to either the same job, or one that is similar in terms of duties, skills, status and rewards, if it is not reasonably practical for them to return to the job they left
10 Keeping in Touch days during maternity leave without losing any entitlement to maternity pay

4.0 Maternity Leave

To be eligible for maternity leave, employees must:

Be an employee
Give the correct notice

All eligible pregnant employees are entitled to take up to 52 weeks’ maternity leave. It does not matter how much length of service they have or how many hours they work each week.

Maternity leave consists of:

First 26 weeks of Ordinary Maternity Leave
Last 26 weeks of Additional Maternity Leave

Employees don’t have to take the full 52 weeks, but they must take 2 weeks leave after the baby is born. This is known as Compulsory Leave.

Maternity leave is counted towards continuous service.

Maternity leave cannot start earlier than 11 weeks before the expected week of childbirth, or employees can continue to work up to the date of childbirth providing this does not contravene health and safety regulations.

There is a useful maternity planner on the gov.uk website which calculates the earliest date employees can start their maternity leave and the last date they should give notice to the council: https://www.gov.uk/pay-leave-for-parents

4.1 Giving notice of pregnancy

Employees should notify their manager that they are pregnant as soon as possible. The manager will conduct a risk assessment with the employee shortly after to ensure their safety at work. The risk assessment template is available on Minerva under the Keep Me Safe, Keep Me Well section.

If an employee is struggling with anything during their pregnancy, eg back pain, they should discuss the issue as soon as possible with their manager to try and find a suitable solution.

4.2 Giving notice of maternity leave

Employees should complete the “Application for Maternity Leave” form at least 15 weeks before their due date and pass this to their manager. This informs the council when the baby is due and when the employee wishes to start their maternity leave.

The manager will reply to the employee within 28 days confirming the start date of maternity leave and when they are due back at work. The letter will also contain details of the employees’ maternity pay entitlement. A template letter is available on Minerva.

Employees should forward their MATB1 certificate from the doctor or midwife as soon as their receive it (it is usually issued at the 20 week scan). This is proof that they are pregnant and is required before they can be paid Statutory Maternity Pay.

Employees may wish to take any remaining holiday before their maternity leave. This must be agreed with the line manager. Any holiday not used prior to their maternity leave will be available to use upon their return to work or carried over into their next holiday year, depending on when their holiday year and maternity leave fall. An employee will not lose any annual leave entitlement due to being off on maternity leave.

4.3 Changing the date of maternity leave

If an employee wants to change the start date of their maternity leave after they have already notified the council, they may do so but must give:

28 days’ notice before the date changed, or

28 days’ notice before the new date, whichever is earlier.

If the employee cannot do this, they must tell the council as soon as possible.

Within 28 days of receiving such notification, the council will notify the employee of the revised date on which their maternity leave period will end.

If an employee is off sick with a pregnancy-related illness in the four weeks before the week (Sunday to Saturday) that the baby is due, then maternity leave will start automatically. The maternity leave period will begin on the day after the first day absent from work due to that illness.

5.0 Maternity Pay

5.1 Statutory Maternity Pay (SMP)

To be eligible for Statutory Maternity Pay you must:

Earn on average at least £112 a week
Give the correct notice using the “Application for Maternity Leave” form
Give proof that you are pregnant (MATB1 certificate)
Have at least 26 weeks continuous service by the end of the 15th week before the expected week of childbirth (qualifying week)

Statutory Maternity Pay (SMP) is paid for up to 39 weeks and is made up of:

First six weeks at 90% of your average weekly earnings (before tax)
Next 33 weeks at the SMP weekly rate or 90% of your average weekly earnings (whichever is lower)

All eligible pregnant employees will receive Statutory Maternity Pay, whether they decide to return to work or not.

Statutory Maternity Pay rates are fixed by law and are subject to tax and National Insurance deductions. Full details of the rates of Statutory Maternity Pay, how and when it will be paid may be obtained from the GOV.UK website; https://www.gov.uk/maternity-pay-leave/pay

Statutory Maternity Pay is only payable when maternity leave commences. It cannot be paid over and above normal salary.

Employees not entitled to Statutory Maternity Pay or have less than 26 weeks continuous service may qualify for Maternity Allowance which can be applied for using the Maternity Allowance claim form available from the GOV.UK website; https://www.gov.uk/maternity-allowance/how-to-claim

If the council decides that you are not eligible for Statutory Maternity Pay they will send you form SMP1 within seven days of making their decision, with an explanation.

5.2 Occupational Maternity Pay

To be eligible, employees must:

have 1 year’s continuous local government service at the 11th week before the expected week of childbirth (EWC) (“the qualifying week”)
return to work following their maternity leave for a period of at least three months

If an employee has less than 1 years’ service by the 11th week before the expected week of childbirth, then they will only receive Statutory Maternity Pay.

Occupational Maternity Pay means employees will be paid:

first six weeks at 90% of a week’s pay, including Statutory Maternity Pay
12 weeks at half pay, plus Statutory Maternity Pay* (the total of which will not exceed their normal full pay)
21 weeks at Statutory Maternity Pay only

*If an employee decides not to return to work after their maternity leave, or resigns within the three month period, then the 12 weeks half pay (Occupational Maternity Pay) must be repaid.

Employees can request a breakdown of what their pay will be when they are on maternity leave.

6.0 Paid time off for antenatal care

Pregnant employees are entitled to reasonable paid time off for antenatal care, irrespective of length of service or the number of hours worked. This applies to appointments made by a doctor or a midwife. Time off will be paid at their normal rate and the hours do not have to be made up at some other time.

Pregnant employees should give their manager as much notice as possible of their appointments and after the first one, should show their manager the appointment card from the hospital or clinic.

6.1 Right to accompany mothers to antenatal appointments

As part of the Government’s aim to involve both of the child’s parents in the early stages of pregnancy, partners of pregnant women are now entitled to take unpaid time off work to attend two antenatal appointments with her. These are capped at 6.5 hours per appointment.

To be eligible for this leave a “partner” could be;

The baby’s father
Mother’s spouse
Civil partner
Partner in an enduring relationship
Or parents of a child in a surrogacy arrangement

There is no qualifying period for this leave.

To request this leave, staff should complete the “Request to accompany mother to antenatal appointment” form and send to the manager for authorisation.

7.0 Right not to be dismissed

Pregnant employees have the right not to be dismissed or discriminated against for any reason connected with their pregnancy or maternity leave.

However, pregnant employees or those on maternity leave can be made redundant. In a genuine redundancy situation, and where there is no suitable alternative work available, then they can lawfully be made redundant, providing that pregnancy or maternity is not the reason for redundancy.

Pregnant employees or employees on maternity leave have the right to be offered any suitable alternative job if they’re selected for redundancy (even if other colleagues are more suitable for the role).

8.0 Right to be suspended on full pay

Managers should carry out a risk assessment with the pregnant employee as soon as possible to assess their condition and the work they normally do. If the council agrees that the pregnant employee is unable to carry out their usual work, they will either try and make amendments to the work or working conditions, or if this is not possible, look for suitable alternative work for the individual. This will only be necessary where the work may cause harm to the employee or their baby. It is possible that readjustments of work may last until an employee takes maternity leave.

If, despite its best efforts, the council cannot find suitable work for the employee to do, they will be suspended from work on full pay until the risks to the employee or their baby’s health has passed or suitable alternative work becomes available.

If an employee is suspended in these circumstances, they will still retain their entitlement to statutory maternity pay (if eligible) and their right to return to work after maternity leave.

These provisions do not apply where a doctor has signed an employee off sick. They only apply when an employee is able to come to work but unable to carry out their particular job duties.

9.0 Stillbirths and miscarriage

Under the law, if a baby is born dead before the end of the 24th week of pregnancy, it is called a miscarriage. If the baby is born dead after the 24th week of pregnancy is it called a stillbirth.

If a miscarriage occurs, the employee is not entitled to maternity pay or leave. The employee is likely to be signed off sick by the doctor and sick leave should be taken for as long as the doctor signs the employee off for.

If the employee has a still birth, or the baby is born alive but later dies, employees are entitled to maternity rights.

If the employee is already on maternity leave they do not need to take any further action to receive pay or leave. If the stillbirth happens before the employee intended to take maternity leave, the employee should inform their manager as soon as possible and the maternity leave will start the day after the birth.

10.0 Early births

Usually, the earliest maternity leave can start is 11 weeks before the expected week of childbirth.

If the baby is born early, maternity leave and pay will start the day after the birth.

If the employee is off sick with a pregnancy-related illness in the four weeks before the week (Sunday to Saturday) that the baby is due, then maternity leave will start.

There is a useful maternity planner on the gov.uk website which calculates the earliest date employees can start their maternity leave: https://www.gov.uk/pay-leave-for-parents

11.0 During Maternity Leave

11.1 Status of the Contract of Employment during Ordinary Maternity Leave

During Ordinary Maternity Leave, all terms and conditions of employment continue with the exception of remuneration. Statutory Maternity Pay is given to employees instead, providing they meet the qualifying requirements as set out in 5.0 above.

For example, employees continue to accrue holiday entitlement, including statutory holidays while on maternity leave.

11.2 Status of the Contract of Employment during Additional Maternity Leave

During Additional Maternity Leave the employee’s contract of employment will continue as it did during Ordinary Maternity Leave, unless either the council or the individual ends it, or it expires.

Statutory Maternity Pay will continue until it expires at 39 weeks and holiday entitlement will continue to accrue (including statutory holidays) for the duration of the leave.

Other terms and conditions that apply during Additional Maternity Leave relate to the employers duty of trust and confidence and any terms that relate to notice of termination by the employer, redundancy pay, disciplinary and grievance procedures. Employees must maintain duty of good faith and abide by any terms relating to notice on termination, disclosure of confidential information, the acceptance of gifts or other benefits and involvement in any other business.

11.3 Making contact while on Maternity Leave

The council are entitled to make reasonable contact with employees during maternity leave. They may contact employees to discuss whether or not the planned date of return to work has changed or is likely to do so, or to discuss any flexible working arrangements that would make return to work easier. Managers may also contact employees to let them know of any changes at work, or just to let them know what’s going on in the team and generally keep them up to date.

Employees are also entitled to make reasonable contact with the council to discuss a variety of things or gain clarification.

11.4 Pension contributions and lost pension

Employees who are members of the local government pension scheme will pay pension contributions based on their income during maternity leave. Their pension is protected during Ordinary Maternity Leave and Additional Maternity Leave with reduced pay, so they won’t lose out pension-wise while they are absent from work.

If they decide to take Additional Maternity Leave without pay, then pension contributions will stop and this part of their pension will become “lost”. Employees have the option to buy back the lost pension when they return to work. There are two options, which are detailed below.

11.4.1 Shared Cost Additional Pension Contributions (SCAPCs)

If the employee wants to pay SCAPCs, they must elect to do so with 30 days of returning to work. The employee will pay one third of the cost, while CWPC will pay two thirds. Employees can pay SCAPCs as a one-off lump sum or as regular payments over a period of time. Employees should inform HR committee in writing if they choose this option.

11.4.2 Additional Pension Contributions (APCs)

If the employee doesn’t pay SCAPCs within 30 days of their return to work they can still buy back the lost pension, but they will have to pay the whole cost under a regular APC contract. CWPC won’t pay any of the cost. Employees should inform HR committee in writing if they choose this option.

For more information about pensions while on maternity leave, go to the West Yorkshire Pension Fund website www.wypf.org.uk.

11.5 Other benefits or deductions from pay

If an employee has deductions from their pay, such as Union fees these will continue unless the employee instructs the HR committee to stop them. This must be done in writing or via email and needs to be received before the 5th of the month in which the deduction is to stop.

If an employee is already signed up for childcare vouchers, and takes maternity leave for another child, the employee is responsible for making payments for the childcare vouchers while they are on unpaid maternity leave.

12.0 Keeping in Touch Days (KIT)

Employees can work 10 days during their maternity leave without losing their entitlement to Statutory Maternity Leave or Pay.

These days are optional. The employee and employer needs to agree to them. The type of work or the reason for using a KIT day must be agreed with the manager beforehand. If the employee wants to take advantage of KIT days, then they should contact their manager to discuss what type of work they can do.

Once the employee has done the KIT Day/s they should complete the “KIT Days – request for payment” form. The form details what dates the employee has worked, what work has been completed and gives the authorisation required for processing payment through payroll. The form should be completed for processing in the next payroll run.

Employees will be paid full pay for KIT days. If they are also receiving Statutory Maternity Pay, then this will be offset and shown separately on their payslip. Any payment for KIT days is classed as income and therefore will be pensionable.

The total duration of maternity leave will remain at 52 weeks. The maternity leave is not extended by the employee working any KIT days. The return to work date will remain the same, whether KIT days are worked or not.

13.0 Shared Parental Leave

Employees may be able to get Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) if they’ve had a baby.

Employees can start SPL if they are eligible and they or their partner end their maternity leave or pay early. The remaining leave will be available as SPL. The remaining pay may be available as ShPP.

Employees can take SPL in up to three separate blocks. They can also share their leave with their partner if they are also eligible. Parents can choose how much of the SPL each of them will take.

For example, a mother and her partner are both eligible for SPL and ShPP. The mother ends her maternity leave and pay after 12 weeks, leaving 40 weeks available for SPL and 27 weeks available for ShPP. The parents can choose how to split this.

SPL and ShPP must be taken between the baby’s birth and first birthday.

For further details about SPL and ShPP and to see if you are eligible, please refer to the Shared Parental Leave Policy.

14.0 Returning to Work

Before maternity leave starts, a return to work date will have be agreed and confirmed in writing to the employee by the manager. This is usually the end of their Additional Maternity Leave. The employee does not need to give notice if they are going to return to work on this day. It is normal practice for the manager and employee to be in contact during the maternity leave and will have discussed the details of their return to work.

Managers should ensure that things have been prepared prior to the employee’s return to work, such as replacing IT equipment, mobile phones etc. Managers should also set aside time on the first day to welcome the employee back to work and update them on priorities, workloads etc and organise their 1-2-1 review meetings going forward.

14.1 Sickness following Additional Maternity Leave

If an employee is too ill to come back to work at the end of their Additional Maternity Leave, the council’s normal sickness procedure will apply. The employee will need to provide the council with a fit note from their GP to cover their absence.

14.2 Notice to return to work early

If an employee wishes to return to work earlier than the agreed date, they must give their manager at least eight weeks’ notice in writing.

14.3 Using annual leave

Annual leave continues to accrue during maternity leave, so it is likely that the employee will have a lot of holiday left. Some employees like to use their holidays at the end of their maternity leave to extend the time off with their new baby. Another option is to use holidays to reduce their working week to assist with childcare upon their return to work. Whatever the employee chooses to do, it must be authorised by their line manager.

14.4 Requesting time to breastfeed or express milk

Employees must request time off to breastfeed or express milk at work in writing before they return to work. Within the request, the employee should include what changes are required and how this might be accommodated by the business. The manager will contact the employee to discuss options and preferences, then confirm any agreement in writing.

Once agreed, the council will provide somewhere clean and hygienic for the employee to express milk. This could be an unused office or meeting room, but not a toilet. Alternatively, mothers who live close by may go home or to a nearby nursery to feed their child, or a relative or child minder may bring the child to the workplace to be fed. Arrangements must be agreed with their manager.

There is a fridge available to store the milk, but the employee must ensure that it is securely stored in a suitable container and clearly labelled.

Requests from employees who want to breastfeed are likely to be temporary so a permanent change to their working hours will not be appropriate. The law doesn’t require CWPC to grant paid breaks, therefore employees should use flexi time or annual leave to cover their breaks, which should meet both the business and breastfeeding needs.

The arrangements should be reviewed in the employee’s 1-2-1 meetings to check how they are working for both manager and employee.

If, after careful consideration, the manager has to turn down the request to breastfeed, they should explain the business reasons to the employee in writing.

14.5 Childcare vouchers

Employees can exchange part of their salary for childcare vouchers, known as salary sacrifice. The employee and the council benefit by paying less National Insurance contributions on their income.

To sign up, employees can register online via the LinkingUp websitehttp://www.linkingup.org.uk/.

If employees are already in receipt of childcare vouchers and take time off to have another baby, then the employee becomes responsible for payment of the childcare vouchers if they are not receiving enough salary to cover the childcare voucher cost. This usually happens when the employee is receiving no pay during Additional Maternity Leave.

14.6 Requesting Flexible working

Employees may want to reduce or amend their hours upon their return to work following maternity leave. Employees should follow the Flexible Working Policy and put their request in writing.

15.0 Documentation required

Managers and employees should ensure that all documentation, paperwork and completed forms are sent to the HR committee

Maternity Policy - Timeline