Maternity leave policy
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MATERNITY LEAVE POLICY 1. Introduction 1.1 This document sets out the Company's policy on maternity leave, maternity pay and other issues relating to pregnancy and maternity. This policy is designed to be as comprehensive as possible but is not a complete statement of the law or rules relating to maternity leave and pay, but is intended as a summary of the main points. If you have any queries which are not answered or if you have any other questions about the policy please contact [the Human Resources department]. This policy applies to employees of the Company. [1.2 If you are adopting a child please see the Company's adoption policy and if you wish to take paternity or parental leave please see the Company's paternity leave and parental leave policies.] 2. Time off for antenatal care 2.1`You are entitled to time off during your normal working hours to receive antenatal care although, whenever it is possible to do so, you should arrange your appointments at the start or end of your working day. Antenatal care includes appointments with your midwife, GP, hospital clinics and relaxation or parentcraft classes, if these are advised by your GP, midwife or health visitor. 2.2 You should advise your manager/supervisor that you will be absent as far in advance of your appointment as possible. You may be asked to produce your appointment card, or some other confirmation of your appointment after your first appointment [plus a certificate confirming you are pregnant – this is called a form MATB1]. 2.3 You will be paid as normal for antenatal care falling within paragraph 2.1 above, including any time spent travelling to and from and waiting for the appointment. 3. Length of maternity leave 3.1 Maternity leave is made up of 26 weeks of ordinary maternity leave (OML) and a further 26 weeks of additional maternity leave (AML) starting immediately after OML. Part of maternity leave may be paid – see paragraph 6 below in relation to eligibility for statutory maternity pay (SMP). 4. Starting maternity leave 4.1 You can choose to start your maternity leave at any time after the start of the 11th week before the week in which your child is due up to the date of birth, unless: 4.1.1 you are absent from work for a reason related to your pregnancy at any time after the start of the fourth week before your child is due (but before the date you notified your leave would start), in which case your maternity leave will automatically start on the day after the first day of your absence; or 4.1.2 your child arrives early and before you have started maternity leave, in which case your maternity leave will start on the day after the day on which your child is born. 4.2 If you fall within paragraph 4.1.1 you should notify the Company in writing that you are absent for a reason related to your pregnancy and the date that absence started. If you fall within paragraph 4.1.2 you should notify the Company in writing of the date of birth. 5. Notification requirements 5.1 By the end of the 15th week before the expected week of the birth of your child (or, if that is not reasonably practicable, as soon as possible thereafter) you must give written notice to [the Human Resources department] of the following: 5.1.1 that you are pregnant; 5.1.2 the week your baby is expected to be born. You should enclose a form MATB1 signed by your GP or midwife with your notice; and 5.1.3 the date when you intend starting your OML. 5.2 A form for this purpose can be obtained from [the Human Resources department]. If you are eligible to receive statutory maternity pay you can give notice that you wish to claim statutory maternity pay at the same time. 5.3 If you wish to change the intended start date of your maternity leave you must notify [the Human Resources department] at least 28 days before the new start date or, if that is not reasonably practicable, as soon as possible thereafter. 6. Maternity pay 6.1 To be eligible for statutory maternity pay (SMP) you must meet the following requirements: 6.1.1 your normal weekly earnings are not less than the lower earnings limit applying to National Insurance contributions; 6.1.2 you have at least 26 weeks' continuous employment with the Company before the 15th week before your baby is due; 6.1.3 you are still employed in the 15th week before the week your baby is due; 6.1.4 you are absent due to maternity leave; and 6.1.5 you have given the notice required under paragraph 5.1. 6.2 If you do not qualify for SMP you may be able to claim state Maternity Allowance. [The Human Resources department] will be able to advise you on how to claim this. 6.3 SMP is payable for a maximum of 39 weeks. You can expect to receive 9/10ths of your average weekly earnings for the first six weeks and then whichever is the lower of either the statutory rate (details of which are available from [the Human Resources department5]) or 9/10ths of your average weekly earnings, for the remaining period. You will be given a statement of your exact entitlement when you start your maternity leave. Your SMP will be paid into your bank account on the same date that you would have received your salary, and will be subject to the usual deductions for tax, National Insurance [and pension contributions except that your pension contributions will be calculated by reference to the pay you are actually receiving, not your normal pay]. [Life assurance and private medical cover will continue during paid maternity leave.] 6.4 To claim SMP you must give at least 28 days' notice in writing before you are due to receive your first payment or, if that is not reasonably practicable, as soon as reasonably practicable. [6.5 The Company will pay you your normal contractual pay when you attend for a keeping in touch day – see paragraph 10 below. Any payment made will include any entitlement to SMP.] 7. Contractual benefits 7.1 During OML and AML your contract of employment will continue and you will receive the benefits of the terms and conditions of your employment, except salary. You will receive a statement setting out which of your benefits will continue when you start your maternity leave. 8 Holidays 8.1 During your period of absence on OML and AML you will continue to accrue your [statutory] (or) [contractual] holiday entitlement in the usual way. 9. Pension contributions 9.1 During the period of your leave which is paid (i.e. up to 39 weeks) the Company will continue to make contributions, based on your usual salary (ie the pay you would have received had you been working normally) on your behalf into the [specify] pension scheme. [Your contributions will be deducted from your SMP and will be based on the SMP you receive rather than your usual salary]. 10. Keeping in touch days and reasonable contact 10.1 You can attend for work for up to ten keeping in touch days during OML or AML. [The Company will pay you your normal contractual pay when you attend for a keeping in touch day. Any payment made shall include any entitlement to SMP for those days]. Up to ten keeping in touch days do not affect entitlement to SMP or bring your maternity leave to an end. [10.2 Keeping in touch days are optional and are designed to keep you up to date with the Company whilst you are absent. The kinds of activities in which you may be asked to attend are [training, department meetings or conferences]. You will not suffer any detriment if you turn down the opportunity to work on a keeping in touch day. 10.3 The Company is permitted to make reasonable contact with you during OML and AML and vice versa. The Company may choose to contact you for example to discuss your plans for returning to work or to let you know of workplace developments. 11. Health and safety 11.1 You are requested to notify [the Human Resources department] in writing as soon as you are aware that you may be pregnant so that the Company can, if necessary, carry out a risk assessment and fulfil its other health and safety obligations towards you and your unborn child. 11.2 Where a health risk has been identified, arrangements will be made to alter your working conditions/hours of work or, if this is not possible, you will be offered a suitable alternative job for the duration of your pregnancy. If there is no suitable alternative work, the Company reserves the right to suspend you on full pay until you are no longer at risk. These alternative arrangements may continue after the birth of your child if you are still considered to be at risk. 11.3 These protections also apply to employees who are breastfeeding. 11.4 If you have any concerns about your own health and safety at any time you should consult [the Human Resources department] immediately. 12. Compulsory leave 12.1 You are prohibited from working for a period of two weeks commencing with the day on which your child is born. This is a compulsory legal obligation intended to benefit both you and your new child. The Company cannot allow you to attend for work during this two-week period and you cannot work a keeping in touch day (see paragraph 10 above) during this period. 13. Returning to work 13.1 The Company will, within 28 days of receiving your notification of intended absence, respond to you in writing setting out your expected date of return (i.e. 52 weeks after the date you intend to start your leave). If you intend returning to work at the end of your maternity leave you are not required to give any further notification to the Company. 13.2 If you wish to return to work before the date the Company has notified you will be the end of your AML, then you must give at least eight weeks' notice of the revised return date. 13.3 Unless a redundancy situation has arisen, you will have the right to return to work in the same job that you left before you started your maternity leave with your seniority, pension rights and similar rights as they would have been had you not been absent. 13.4 After parental leave: if you take parental leave of up to four weeks after OML, you are treated as if returning from OML. If you take more than four weeks' parental leave after OML you are treated as if you were returning from AML. If you take parental leave after AML you are treated as if you are returning after AML. 13.5 If you want to request a variation to your contract of employment to create more flexibility in relation to your hours, the times you work or your place of work, please see the flexible working policy. 13.6 If you decide not to return to work, you should give the required notice under your contract of employment. If you decide you do not wish to return at the end of maternity leave you will continue to be entitled to SMP (if eligible) and maternity leave even though you are not coming back.
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