Guidance notes for managing maternity, paternity, parental and adoption leave

Maternity

What is the basic statutory entitlement to maternity pay and leave?

All pregnant women are entitled to paid antenatal leave¹, 52 weeks’ maternity leave and, subject to length of service and earnings, Statutory Maternity Pay (SMP) or Maternity Allowance (MA). The qualification period for SMP is 26 weeks’ continuous service with the School in the 15th week before the Expected Week of Childbirth (EWC)². SMP is 6 weeks at 90% of earnings and 33 weeks at £117.18 or 90 % of weekly earnings if this is lower.

How does the School’s Occupational Maternity entitlements differ from SMP?

Staff that have completed 26 weeks’ continuous service at the beginning of the 15th week before the Expected Week of Childbirth (EWC) qualify for 18 weeks of leave on full pay inclusive of SMP³.

When will I find out the dates of the maternity leave?

Pregnant women are required to give notification of the intended start date by the end of the 15th week of the EWC. If they wish to change the intended start date, they can do so by giving 28 days’ notice in writing. It will be assumed that the full entitlement to leave will be taken (including any unpaid leave) and 8 weeks’ notice needs to be given if the employee wishes to return before the end of her leave.

How do I calculate annual leave during maternity leave?

Annual leave will accumulate normally during paid maternity leave and can be taken either proceeding or following maternity leave, subject to management agreement. When a woman on maternity leave is unable to take annual leave prior to 31 December, managers should be sympathetic to requests to carry it over.

Is pregnancy-related sickness treated as maternity or sick leave?

Where a woman is off sick due to her pregnancy at the fourth week prior to the EWC, her maternity leave will start automatically. Prior to this period, it will be treated as sickness absence in the usual way. If the level of sickness absence is causing concern, this should be discussed with someone in the Employment Relations team.

Do I need to carry out a Health and Safety risk assessment?

As part of a general duty of care, managers must ensure that a risk assessment of a pregnant member of staff’s working conditions is carried out. Employees must let the School know of pregnancy as soon as possible, so that a Health and Safety assessment can by carried out. Employees should contact Anne O’Brien (Health and Safety Officer) to arrange a Health and Safety risk assessment. Once this has been completed, a copy of the form should be sent to Natalie Smith, Human Resources Assistant, Room W100. There are specific statutory duties for particular types of workplaces and hazards and managers should seek advice from Anne O’Brien on Ext. 3677.

What happens if there is a miscarriage or stillbirth?

If a stillbirth or miscarriage occurs at or after the start of the 16th week before the EWC, the woman will be entitled to the same level of maternity pay and leave as if it had been a live birth. In such circumstances, she may wish to seek counselling through the School’s Staff Counselling service.

How do I cover the additional costs incurred?

An application for additional MSLs to cover the cost of maternity leave can be made to the APRC via Gary Barclay. If an individual’s post is funded by a research grant, managers should initially contact the research body to see if they are willing to cover the cost of the maternity pay. If they are not, applications may also be made to the APRC via Gary Barclay. The School claims back 92% of SMP, which will be refunded to your department. Please contact Gizelle Regis, Senior Pay Coordinator, for queries relating to the payment of maternity pay.

Who does the work whilst my member of staff is on maternity leave?

A post can be covered by colleagues on acting-up allowances or secondments or by recruiting a temporary replacement. For advice, please contact Nabila Majeed on Extension 6658.

Are the entitlements the same if women are on fixed-term contracts?

Women on fixed term contracts are entitled to maternity pay. Where a fixed-term contract is not renewed during maternity leave, the entitlement to contractual maternity pay will cease but SMP will continue to be paid⁴. Non-renewal of a fixed-term contract due to pregnancy is discriminatory. Fixed term contracts should be renewed if the work or funding is continuing. Advice on renewal of fixed term contracts should therefore be sought from Employment Relations in such circumstances.

Am I allowed to contact a member of staff who is on maternity leave?

A manager may make reasonable contact with an individual on maternity leave. Prior to the start of maternity leave, managers should discuss arrangements for staying in touch with an employee. This might include an agreement about the way in which contact will happen, how often, and who will initiate the contact. It might also cover the reasons for making contact and the type of things that could be discussed. Managers should inform individuals about any changes taking place in the workplace and should also notify them about upcoming job vacancies.

Is a member of staff entitled to come into work during her maternity leave period?

Employees whose baby is due after 1 April 2007 may, with the agreement of their manager, undertake 10 days’ paid work during their maternity leave period. These days are known as Keeping in Touch Days. Keeping in Touch Days may be taken at any stage during the maternity leave period, except during the first two weeks after the baby is born. They may be used for any activity that would ordinarily be classed as work under an individual’s contract and could be particularly useful to assist the return to work process, to undertake a work-related training activity or to allow an individual to attend an important team meeting. Work during maternity leave may only take place by agreement between both the employee and her manager. Prior to the start of maternity leave, managers should discuss arrangements for taking Keeping in Touch Days with the employee and, where possible, Keeping in Touch Day should be agreed in advance. Managers should notify the Pay and Information team of any Keeping in Touch days worked by an employee.

Is there anything I should be aware of following her return to work?

Managers should be aware that changes may have taken place during a woman’s maternity leave and should therefore ensure that she feels welcomed and is updated. A woman has the right to return to the same job on the same terms and conditions after paid leave. Any problems in her returning to work should be discussed with a member of the Employment Relations team.

I’ve had a request for breast feeding facilities – what should I do?

If you receive such a request, please contact Natalie Smith, Human Resources Assistant, extension 6568.

Flexible Working

Do I have to agree a request for part time working?

Currently, there is no entitlement for a woman to return to work part-time after maternity leave. However, the Employment Act 2002 introduced the right for parents to request to work flexibly. There may be circumstances where it is not possible, for operational reasons, to accommodate the working pattern requested; however, requests need to be seriously considered in accordance with a set time frame and procedure and, wherever possible, attempts made to try to reach a satisfactory resolution for both the individual and the department. Reasons should be given in writing as to why the request cannot be accommodated, if that is the case. If you do receive such a request, please contact the Employment Relations team before taking any action. Refer to the Managing Flexible Working Toolkit for practical advice.

Paternity Leave

I have received a request for paternity leave – what should I advise?

There is a contractual entitlement to two weeks’ paid paternity leave⁵ on full pay, subject to 26 weeks’ continuous service with the School at the beginning of the 15th week before the EWC. This leave should be taken around the time of childbirth; you should agree the likely dates with the individual and ask him/her to contact Natalie Smith for the relevant form to be returned at least 21 days before the leave starts.

Parental Leave

How does parental leave differ from the other entitlements?

Subject to certain conditions, a member of staff can apply for parental leave, which is unpaid, to look after or make arrangements for a child’s welfare. A total of thirteen weeks’ unpaid leave can be applied for, for each child up to the age of five⁶. At least 21 days’ notice should be given of the likely dates and if you feel unable to agree to the dates of the leave, you should contact the Employment Relations team. You should ensure that you advise Employment Relations of any parental leave agreed and keep a note of the leave taken.

Adoption Leave

Do these entitlements apply if a child is adopted?

There is now a right to statutory adoption leave and pay, subject to 26 weeks’ continuous service ending with the week of being matched for adoption and sufficient evidence of matching. This is paid for 39 weeks’ at £117.18 per week or 90% of earnings if lower and unpaid for a further 13 weeks. It is possible to claim back 92% of the total amount. In addition, all staff that have worked continuously for the School for a minimum of 26 weeks ending with the week in which the person adopting was notified of having been matched with a child by an adoption agency qualify (inclusive of SAP) for 18 weeks’ of leave on full pay, a further 21 weeks’ paid leave (SAP) and 13 weeks’ unpaid leave.

Emergency Leave

What is emergency leave and how many days’ emergency leave are employees entitled to?

A member of staff can apply for paid emergency leave for crisis incidents affecting a dependant, for example, illness or injury; unexpected breakdown of care arrangements; birth; death; an incident during school hours or on a school trip. The main carer for the dependant (defined as the individual’s parent, partner, child or someone who lives as a family member) can apply for emergency leave. Individuals are entitled to up to two paid days a year for circumstances not covered by compassionate leave.

Please also see: Maternity, paternity, adoption, parental leave entitlement and requests to work flexibly

For further information about this, please refer to the School’s Maternity Policy and Procedure (Word)
EWC is Expected Week of Childbirth – this commences on the Sunday of the week in which the child is due.
They also have a statutory entitlement to a further 21 weeks’ paid leave (SMP) and 13 weeks’ unpaid leave.
The outstanding payment will be paid as a lump sum in the month that the contract ends.
Statutory Paternity leave will be paid at £117.18 per week or 90% of the average weekly earnings, whichever is less. A proportion of this can be reclaimed from the Government subject to the leave being taken in one block.
In cases of adoption, this is up to the fifth anniversary or the child’s eighteenth birthday, whichever is earlier.