HR Assistant Guide to Maternity Leave



Employee Guide to Maternity Leave

- Frequently Asked Questions

Firstly congratulations on your pregnancy!

This information applies for babies due on or after 1 April 2007 regardless of when a baby is actually born. Please see the Maternity Leave Policy for detailed information. The information below is intended to summarise some key information which you may find helpful.

I am pregnant, what do I do now? Who do I notify of my pregnancy and when?

You are encouraged to advise your Line Manager as soon as your pregnancy is confirmed to ensure any health and safety issues are taken into account and to help with departmental planning. You can also ask to see your Assistant HR Adviser at any time to discuss your entitlements to any maternity leave and pay and to ask any queries you may have in general. In order not to lose your right to maternity leave and pay it is important that you submit a MATB1 and an application for maternity leave no later than the 15th week before EWC.

What does EWC mean?

The EWC is the Sunday on or before the date the child is expected to be born. A medical practitioner will calculate EWC. EWC is a key date that determines maternity rights.

How will I know what I am entitled to?

See the flowcharts (which relate to service) which will give you all the key information you need.

What do all the abbreviations mean?

OML Ordinary Maternity Leave (the first 26 weeks of maternity leave)

AML Additional Maternity Leave (follows OML and can be for up to next 26 weeks of maternity leave)

SMP Statutory Maternity Pay

MA Maternity Allowance

OMP Occupational Maternity Pay

EWC Expected week of Childbirth

QW Qualifying Week

RTW Return to Work

KIT Keeping in Touch (Day)

LEL Lower Earnings Limit

NIC National Insurance Contributions

MATB1 Form issued by midwife to confirm EWC after 20th week of pregnancy

What is a MATB1?

A MATB1 form will be signed by a doctor or midwife and is issued after the 20th week of pregnancy. This should be given to HR as soon as possible to ensure maternity payments can be made along with an application form for maternity leave. The time limit for the employee to produce the MATB1 is at least 21 days prior to the start of the SMP period.

Can I take time off for antenatal care?

Yes, all pregnant employees have the right to paid time off to attend antenatal care, which may include relaxation and parent craft classes (on the advice of a healthcare professional) as well as medical examinations related to the pregnancy regardless of the employee’s length of service. The employee should provide if requested, after the first appointment, evidence of appointments to their Head of Department or School (or appropriate line manager or supervisor). Employees should give as much notice as possible and try to arrange appointments where possible at times that cause least disruption to their work such as the beginning or end of a working day.

When can I start maternity leave?

An employee can choose when she wants to start maternity pay and leave, but this cannot be a date more than 11 weeks before the EWC.

What is compulsory maternity leave?

It is compulsory for an employee to take 2 weeks’ leave after birth.

When can I return to work?

The employee is free to return to work at any time after the compulsory maternity leave period and 52 weeks after starting maternity leave subject to giving 8 weeks’ written notice to the Human Resources Department if returning earlier than 52 weeks. If you return to work during a period of paid maternity leave the employee will forfeit any further entitlement to maternity pay.

When will I receive a letter about my maternity benefits/entitlements?

HR will write to you within 28 days of the date you advise the University you wish to take maternity leave confirming the date you intend to stop work and the date the University expect you to return to work.

How do I know if I will get Statutory Maternity Pay (SMP)?

In order to qualify for a number of criteria have to be met:

1) The employee must earn above the Lower Earnings Limit (LEL) for National Insurance Contributions (NIC) currently £102 per week (2011).

2) The employee must have been working for the University for at least 26 weeks by the end of the qualifying week (QW) which is the 15th week before the expected week of childbirth (EWC).

3) The employee should inform the University she expects to stop work by the Saturday of the 15th week before EWC, failing this in order to receive SMP she should tell the University at least 28 days before she wants to start to be paid and provide the MATB1 at least 21 days prior to the start of the SMP period.

• Before receiving SMP the employee must have stopped working

How is SMP calculated?

SMP is calculated by taking the average of the gross salary for an eight-week period immediately before the end of the qualifying week.

How much is SMP?

The rate of SMP (subject to revision each April) is:

First 6 weeks - 90% of average weekly earnings followed by

33 weeks - From April 2011 SMP will be £128.73 per week or 90% of average weekly earnings whichever is less.

SMP is subject to Tax and National Insurance.

SMP is a weekly benefit, and is paid in the same way and at the same time as the employee’s salary would be paid.

Please see the following link for the current SMP rate:

.

What happens to my SMP if I leave the University?

SMP is paid whether or not the employee intends to return to work for the University.

SMP will stop completely if the employee works for a new employer after the baby is born.

Will I get enhanced University maternity pay?

If an employee contracted to work full-time or part-time on terms and conditions in excess of the statutory requirements has a minimum of 52 weeks’ continuous service with the University, up to and including the expected week of childbirth (EWC), she may be entitled to:

• 8 weeks’ leave on full pay (inclusive of any SMP)

• 16 weeks’ leave on half pay plus SMP (not exceeding full pay)

• 15 weeks’ leave on SMP at the appropriate rate

• up to 13 weeks’ unpaid leave

What happens if I am pregnant again before returning to work?

You may of course return to work if you wish. However if you are unable to return to work you will need to give consideration to the fact that if you have already received enhanced University maternity pay, you will still need to return to work for 3 months for each and every period of maternity leave, i.e. the 2 periods of maternity leave which individually require you to return to work for 3 months will be added together to mean that you will need to return to work for 6 months following your second period of maternity leave and so on and so forth. If you fail to return to work for the relevant period of time then the University will seek to reclaim the non-statutory element of maternity pay for all periods of consecutive maternity leave. You will need to refer to the Maternity Leave Policy to see if you are eligible for maternity pay.

What happens if I do not want to return to work?

Staff who decide not to return to work either before or following a period of maternity leave must give the University written notice in accordance with their contract of employment.

An employee who qualifies for enhanced University maternity pay, but decides to resign prior to maternity leave being taken will not receive any enhanced payments beyond the statutory payments.

If a notice period expires after maternity leave has ended the university may require the employee to work the remainder of the notice period.

When can SMP start?

SMP may start on any day of the week (rather than a Sunday as before) where the employee continues to work beyond the 11th week before EWC.

Can you tell me about Maternity Allowance?

If an employee is not entitled to SMP, but meets qualifying conditions based on recent employment and earnings records it may be possible to claim up to 39 weeks’ Maternity Allowance (MA), which is paid by Jobcentre Plus. An employee will be notified by Payroll if they do not qualify for SMP and they will be given a form SMP1 that will help in applying for MA. You should claim as soon as you can after you have been pregnant for 26 weeks. If you delay, you may lose the benefit.

Eligibility for MA is subject to the following:

• Having been employed and or self-employed for at least 26 weeks in the 66 weeks up to and including the week before your baby is due. This is known as the test period. Part weeks are counted as full weeks.

• Your average weekly earnings are at least £30 or more a week over any 13 weeks in the test period.

In the year 2011/2012, employees with earnings less than £102 per week, but more than £30 per week may receive a Maternity Allowance. If an employee earns less than this (including following salary sacrifice) they may not receive anything. Employees should contact their local Jobcentre Plus office to see if they are entitled to any other Government help.

Please see the following link for the current MA rate: .

Can I receive the same pay every month whilst on maternity leave?

Please note your payslip will not detail monthly pay during maternity leave, there will be elements of occupational maternity pay (OMP) and SMP. The pay will vary month by month to reflect 4 or 5 week periods in the month.

Does Salary Sacrifice affect my maternity pay?

Employees should be aware that sacrificed salary cannot count towards the state benefits of SMP and MA. Essentially, if by sacrificing your salary, for things like the childcare voucher scheme (Accor Services) or pension contributions, gym membership or the cycle scheme your earnings for the purposes of the LEL for NIC go below £102 per week you may not qualify for SMP/MA. Employees in these cases should consider whether to amend or suspend such arrangements to ensure they do not lose out on maternity benefits. If the employee participates in a form of salary sacrifice, further advice and help can be sought from the Childcare voucher provider, Pensions Administrator, Payroll or Human Resources. Where applicable, it is recommended that the employee contacts the childcare voucher provider to inform them of the pregnancy as soon as possible.

What happens with the my non-cash benefits such as childcare vouchers, gym membership and staff cycle schemes etc?

During Maternity Leave, both during OML and AML, employee’s are entitled to receive all Terms and Conditions, except remuneration. This means that non-cash benefits that are in existence prior to the maternity leave (such as those provided through a salary sacrifice scheme for child care vouchers, gym membership and staff cycle schemes) can be continued throughout both OML and AML.

If I change my hours of work prior to maternity leave does this affect my maternity entitlement?

It will do for any enhanced University maternity pay and it may also affect your SMP. This is because your entitlement to SMP is calculated by taking the average of the gross salary for an eight-week period immediately before the end of the qualifying week which is 15 weeks prior to your EWC.

What happens to my payslip whilst I am on maternity leave?

The department will receive your payslip who should then forward it to your home address, until you are in a no pay situation as which point no payslip will be produced.

Do I receive a cost of living rise while I am on maternity leave?

Any increases to pay that you are awarded during maternity leave will be paid either during the maternity leave period itself wherever possible, or in arrears on return from maternity leave.

What happens to my Performance Review?

Where leave has been planned in advance, such as maternity leave, it is recommended that the reviewer conducts an Activity/Performance Review meeting with you before your period of leave commences. This will ensure that achievements and contribution indicators are captured and that a contribution rating can be recommended for the portion of the activity/performance year prior to departure, based on actual contribution. On your return from leave your reviewer should agree your goals for the remainder of the activity/performance year and review these as part of your next annual Activity/Performance Review meeting. For further details please see Appendix 1-section I4 Activity/Performance Review Procedure - A Guide for Individuals

available at: or in respect of those in the Operations & Facilities family the negotiated pay increases will still apply along with the opportunity to progress by one increment where criteria are met.

What about annual leave?

• Annual leave must be taken within the appropriate leave year.

• Where applicable and in accordance with the contract of employment, the carry forward rule may be applied.

• While on any maternity leave (OML or AML) annual leave accrues at the contractual rate pro rata the maternity leave period and pro rata for part time staff.

• To help calculate annual leave entitlements see web calculators available from the HR web site at: .

• Leave must be booked in the usual manner with the line manager.

• Accrued annual leave can be taken prior to going on maternity leave-if the baby is born early the annual leave is lost as maternity leave begins automatically the day after birth.

• Accrued annual leave can be taken immediately following the end of the maternity leave period prior to physically returning to work. It may also be used to consider a phased return to work with the agreement of the line manager.

What happens to my pension contributions whilst I am on maternity leave?

During any period of paid maternity leave (whether this is OML or AML) the University pension contribution will be calculated as though you are working normally and receiving your normal salary such that there is no suspension of membership during this time, meaning all benefits where applicable such as death in service and ill health retirement continue based on the pensionable salary you would have been paid, but for your absence. Employee contributions continue throughout this period of paid maternity leave based on what is earned.

It may be possible for employees (subject to scheme rules allowing for this) to continue to make payments to the scheme during the unpaid period, such that membership may be continuous. Employees should indicate this on their application for maternity leave. Human Resources will be responsible for informing the University Pensions Administrator, who will liaise directly with the employee regarding any options available.

Employees should contact the Pensions Administrator to discuss the options available during any unpaid period of maternity leave to ensure any implications for pension membership and benefits are understood or contact the relevant pension scheme helpline direct. Details of the helplines can be found on the Finance Department web site.

Can I change my mind about the date I wish to commence maternity leave?

Yes, you may change your mind about when you want to start maternity leave providing you give to the Human Resources Department either:

a) in the case of delaying a start date 28 days written notice before the date previously notified or

b) in the case of bringing the start date forward 28 days written notice before the new start date

What happens if I am off sick before I go on maternity leave?

You should report your sickness in line with the normal sickness absence notification procedure. However, if your sickness absence is due to a pregnancy-related illness, within four weeks of the EWC, then maternity leave and payments (if eligible) will start automatically on the first day after the absence.

What happens if I am off sick whilst on maternity Leave?

Your maternity leave would override this, so there is no need to report sickness during maternity leave and it will not be counted against any sickness entitlement.

What happens if I am off sick when I am due to return to work?

You should report your sickness in line with the normal sickness absence notification procedure, whereupon it shall be dealt with under the University Sick Pay Scheme and will count against the normal entitlement to paid sick leave.

What happens if I have a still birth?

In the event of a stillbirth after the start of the 16th week before the expected week of childbirth, you shall be entitled to maternity leave as if the birth was live. Please be aware that the University runs a counselling service which is a free confidential service available to all members of University staff.

Do I have to say when I am coming back?

Not if you intend to take 52 weeks’ maternity leave, but you need to give eight weeks’ written notice to the Human Resources Department if you wish to return to work earlier than 52 weeks’ after your maternity leave started, although it is helpful if you confirm to your manager as soon as convenient during your maternity leave that you will be returning to work as expected.

What contact can I expect from my department during maternity leave?

As the policy states during the maternity leave period the University may make reasonable contact with an employee and vice versa. The frequency and nature of the contact depends on the nature of the work and the post. The contact may be via Email, telephone, letter or visits to the workplace to suit both parties. This could be to discuss a range of issues, such as discussing plans for returning to work, or to keep the employee informed of important developments/changes at work that might affect the employee on her return. Given some employees prefer to stay in close touch with the workplace while others prefer to keep contact to a minimum, it is helpful for discussions to take place with the line manager, prior to maternity leave, regarding the best arrangements for staying in touch, covering who initiates contact, how, as well as how often.

What do I do during a keeping in touch day?

An employee may, by agreement with the University, undertake up to ten days’ paid work – known as “Keeping in Touch Days” (KIT) - under their contract of employment during the maternity leave period. The type of work that an employee undertakes on Keeping in Touch Days (KIT) is a matter for agreement with her Head of Department/School. They may be used for any activity which would ordinarily be classed as work under the contract of employment, but could be to attend a conference, undertake a training activity or attend a team meeting.

Will I be paid for a keeping in touch day?

If an employee attends a KIT day, they will be paid their normal contractual rate of pay for the hours worked (KIT days can be of any duration with the agreement of both parties), however the University reserves the right to count the amount of any maternity pay that may be received during a KIT day towards the normal contractual pay due. Therefore, if you work during a period of no pay you will be paid for the hours worked on your KIT day at your normal rate of pay. Your line manager is responsible for informing Payroll and the dates and hours of work on KIT days.

Can I take time of in lieu for working a KIT day?

No, only the above arrangements regarding any pay for KIT days will apply.

Is a keeping in touch day pensionable?

If the employee receives payment for a KIT day whilst in receipt of any form of maternity pay please be aware the payment will be pensionable. Where the employee is in a period of no pay any payment for KIT day will not be pensionable.

What happens if I want to return to work part-time?

Employees have the right, under certain circumstances, to request flexible working for which there are guidelines and an application form is available on the Human Resources web site. If a request is made under this right to change the contractual working hours and/or pattern of work, then the School or Department will always consider such a request carefully. If such a request is turned down, the manager must objectively justify why e.g. explain why a job has to be done on a full-time basis by one individual, as opposed to two people doing it on a part time basis or through a job share arrangement. The policy and how to apply is available at:

. Additionally, there is a job share policy available on the Human Resources web site available at: which employees may wish to read.

Employee’s should submit any request as far in advance as possible (this can include submitting a request prior to going on maternity leave) to allow adequate time for the request to be fully considered and where appropriate put the necessary arrangements in place.

What about my Health & Safety?

As the policy states in accordance with the University’s legal obligations the manager will carry out an assessment of the risks to all pregnant employees, new mothers and breastfeeding mothers who work for the University. It is therefore helpful for employees to inform their line manager as soon as possible of the pregnancy, or if breast feeding or if childbirth was within the last 6 months. In the event of the employee being employed on work which could involve a risk to the health and safety of a breastfeeding or expectant mother, or to that of her unborn baby, arrangements will be made to protect both the mother and the child, having regard to statutory health and safety provisions that may at the time apply.

This may mean that working conditions are altered or that another more suitable job for the duration of the pregnancy is offered. If neither of these options is possible the University is obliged to suspend the employee on full pay until they are no longer at risk. In such cases, there will be no impact on the maternity leave or maternity pay.

To ensure the safety of the unborn child, staff working in radioisotope laboratories or with controlled biological and chemical materials are strongly advised they should notify their Department/School Safety Officer of their pregnancy as soon as their condition has been confirmed.

If you have any concerns about your health and safety at any time you should speak to your Line Manager immediately. For further information "The New and Expectant Mothers at Work Policy" (P2/99A) is available from the Safety Office or is available at: . HSE has some useful guidance at: .

What if I want to breastfeed on returning to work or during a KIT day?

You should advise your manager that you intend to breastfeed whilst attending work and your manager will then need to undertake a risk assessment and remove any risks found. Your manager will need to make arrangements to provide suitable rest periods with facilities for you to express and store expressed milk. There is no statutory right to time off work for breastfeeding.

Can I take parental leave immediately following maternity leave?

Yes, subject to meeting the criteria in the parental support policy. Please note the repayment requirement of any pay received in excess of statutory maternity pay will not apply to those who opt to take parental leave immediately following maternity leave, providing the employee returns to work for a 3 month period following the parental leave.

Can I take long-term carers leave immediately following maternity leave?

Yes, subject to meeting the criteria in the long-term carers leave policy. Please note the repayment requirement of any pay received in excess of statutory maternity pay will not apply to those who opt to take long-term carers leave immediately following maternity leave, providing the employee returns to work for a 3 month period following the long term carers leave.

Can I take a career break immediately following maternity leave?

Yes, subject to meeting the criteria in the career break policy. However, please note that the repayment requirement of any pay received in excess of statutory maternity pay will apply to staff who opt to take a career break immediately following maternity leave as they will not have returned to work for 3 months.

Where can I obtain further help about University policies?

The University of Nottingham also has a number of other relevant policies, which the employee may wish to refer to. These are: Special Leave for Unplanned and Urgent Domestic, Personal and Family Reasons, Parental Support, Adoption Leave, Career Break, Job Share and the Flexible Working Arrangements policy which gives the right to request flexible working.

All these policies and how to apply are available at: and .

What are childcare vouchers?

As a parent you may be eligible to take advantage of reduced Income Tax and National Insurance Contributions through using Edenred (formerly Accor Services) childcare vouchers. If you are a working parent with children under the age of 16 you could save up to £1,196 per parent, per annum on the cost of your childcare by using Childcare Vouchers. Both parents are entitled to this benefit, meaning a potential saving of up to £2392* per annum can be made using these vouchers.

However, there is a maximum value of vouchers of £243 per parent that can be used a month. The childcare vouchers can be used to pay for part or all of the following types of childcare; day nurseries, childminders, pre-schools, breakfast clubs, after school clubs, au pairs and even holiday clubs for children up to the age of 16. For further information see:

Call free phone: 0800 247 1233

Visit: childcarevouchers.co.uk

Anyone wishing to order online needs to quote UNIV9241.

If you have a query concerning the use of this scheme please contact the Financial and Business Services Department, tel: 0115 846 7191.

*subject to individual circumstances, this may change in line with budget announcements

What is the Nursery Tax Scheme?

Staff members of the University can opt to join our Nursery Tax Scheme (certain conditions apply) which is a form of salary sacrifice reducing the cost of childcare to parents.  Staff members would need to be using the University Day Nursery, Playcentre Day Care, Playscheme or TLC to qualify. The monthly limit on vouchers does not apply to the Nursery Tax Scheme. If you would like more information on the Nursery Tax scheme please contact the Financial and Business Services Department, tel: 0115 846 7191.

As an example, if you are currently earning £20,000 and paying £5,000 per year out of net salary for nursery fees you would agree to take instead a reduced salary of £14,379 and receive free childcare. Although your gross salary would be reduced by £5,621 the net effect of this, after tax and NI would be that your take home pay would be reduced by only £3,857. However, you would no longer have to pay out £5,000 in nursery fees. The net cash benefit to you is therefore:

|Gross salary reduction |(£5,621) |

|Net salary reduction after tax and NI |(£3,857) |

|Saving from not having to pay nursery fees |£5,000 |

|Net benefit from being in Nursery scheme |£1,143 |

|Percentage saving on cost of Nursery places |23% |

Does the University have a nursery?

Yes. The following services are available for staff members at the University of Nottingham:

- The University of Nottingham Day Nursery

- The University of Nottingham Playcentre Day Care

- The University of Nottingham Playcentre Playscheme

- The University of Nottingham Playcentre Toy Library

- TLC Day Nursery

Day Nursery

The Day Nursery is purpose-built and caters for children aged 4 months to 5 years on University Park campus. Open from 8.00 am - 6.00 pm Monday to Friday, all year except Bank Holidays, University holidays and 2 days’ per annum in-service staff development days.

Playcentre Day Care

Caters for children aged 2 - 5 years on Science Road, University Park campus. Open from 8.30 am - 5.30 pm Monday to Friday. Term-time only or full year provision. There are no catering facilities at lunchtime in the Playcentre.

Both the Day Nursery and Playcentre Day Care are registered for Education Funding which provides a grant towards the cost of your child's education, currently for children from the term following their third birthday.

Playscheme

Caters for children aged 4½ - 12 years, Monday to Friday, 8.30 am - 5.30 pm during all school closures with the exception of Bank Holidays, University holidays and two in-service training days per annum. Based at Science Road, University Park campus.  Please note they are unable to provide lunch for your child so for full days parents will need to provide a packed lunch.

A full payment information leaflet/prospectus/application form for any of the above three provisions is available from Childcare Services, tel: 0115 951 5222 or Email: childcareservices@Nottingham.ac.uk. Please note that early application is advised for these provisions.

TLC

This is a private day nursery, situated on the University Park campus next to the Sports Centre. The nursery is purpose-built and caters for children aged 6 weeks to 5 years. To request a prospectus, information leaflet and application form tel: 0115 922 9117 or Email: nottsuniversity@ or visit: .

Go to for more information. This web page also contains information on Accor Services Childcare vouchers.

What if I am due to teach/lecture and have childcare issues with the timetable?

Teaching staff with childcare commitments and timetabling issues should contact the School Manager/Administrator to specify on which days they may have childcare issues. Teaching within the University can be timetabled up to 6.00 pm, however, some childcare provision finishes prior to this. Therefore, if a member of staff is unavailable from 5.00 pm onwards due to childcare commitments they should discuss the matter with the School and the School Manager/Administrator can then put a note explaining this situation into the timetable system.[1]

Where can I obtain further information/help?

For further help/information employees may want to:

• Read the University of Nottingham Information Booklet for Parents accessible at: or by requesting a copy from Human Resources.

• Contact HM Revenue & Customs Office.

• Go to .uk/employee.

• Go to .uk.[pic][pic][pic][pic][pic][pic]

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[1] Notes should be placed in the special requirements section of the activity template section on the edit screen within Saturn which transfers into the timetable system e.g. Staff member X is unavailable from 5pm onwards Monday-Friday due to childcare commitments. Such requests will be met wherever possible.

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