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					   CAERPHILLY COUNTY
    BOROUGH COUNCIL

DIRECTORATE OF EDUCATION
       AND LEISURE




       Recommended
    MATERNITY POLICY
    (School Based Staff)




            SEPTEMBER 2005
                                                 INDEX
           SECTION                                                       PAGE

SECTION 1               INTRODUCTION                                     4
SECTION 2               SCOPE OF THE POLICY                              5
SECTION 3               GENERAL PRINCIPLES                               6

                        Maternity Leave                                   6
                        Return to Work                                    6
                        Failure to Return to Work                         7
                        Ante-Natal Care                                   7
                        Parent Craft Classes and Post Natal Care          7
                        Inability to work During Pregnancy                7
                        Sickness Absence                                  7
                        Superannuation/Pension                            7
                        Annual Leave                                      8
                        Increments                                        8
                        Fixed-Term Contracts                              8
                        Essential Car User Allowance                      8
                        Telephone Allowance                               8
                        Still birth/Miscarriage                           9
                        Part-time Work and Flexible Working               9
                        Contacting Employees’ On Maternity Leave          9
SECTION 4               MATERNITY PAY ENTITLEMENT                        10

                        Employees’ with less than 26 weeks’ continuous
                        Local Government service                         10

                        Employees’ with more than 26 weeks’ but less
                        than 1 years’ continuous Local Government        10
                        service

                        Employees with more than 1 years’ continuous     10
                        Local Government service
SECTION 5               THE MATERNITY PROCEDURE                          11
                        Notification                                     11
                        Risk assessment                                  11
                        Commencement of maternity leave                  11
                        Returning to work                                12

SECTION 6               REVIEW OF POLICY                                 13
APPENDICES
APPENDIX A              Maternity Grid                                   14
APPENDIX B              Absence on Account of Pregnancy                  16




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NOTE

This policy has been developed using the Corporate Policy as its base and is
recommended to governing bodies for adoption. Support in managing issues in
relation to the subject matter of this policy can only be offered to schools where
the LEA recommended policies and procedures have been adopted and in line
with any Service Level Agreement with Education Personnel Services that may be
in force at the time.

This document is available in large print.




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CAERPHILLY COUNTY BOROUGH COUNCIL

MATERNITY POLICY

1.0      INTRODUCTION
1.1      The Governing Body/Caerphilly County Borough Council is committed to
         Equal Opportunities and the principles of Work Life Balance working
         practices.

1.2      This document provides guidance for both Headteachers/Nominated
         Officers and employees as to the procedure to be followed and the
         calculation of individual entitlements including maternity leave/pay and
         statutory maternity pay.

1.3      This policy embraces the statutory requirements of the maternity
         provisions as covered by the Maternity and Parental Leave (Amendment)
         Regulations 2002 and the Conditions of Service for School Teachers in
         England and Wales.

1.4      This policy is cross-referenced with the following policies of the Council as
         adopted by the Governing Body. They are:

               Leave Of Absence Policy
               Flexible Working Guidelines
               Paternity Leave Scheme
               Parental Leave Scheme
               Adoption Leave Scheme
               Managing Attendance Procedure
               Redeployment Policy
               Health & Safety Policies
               Equal Opportunities Policy Statement




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2.0      SCOPE OF THE POLICY
2.1     2.1       For the purposes of this document, the term employee includes all
        school based staff employed by the Governing Body and those staff who
        work predominantly in the school, but who are centrally funded by the LEA.
        In dealing with applications for maternity leave from this latter group of
        staff, it is expected that a nominated senior officer from the appropriate
        service area will consider the application in consultation with the
        Headteacher of the host school.

2.2      Applications for maternity leave from Headteachers will need to be
         considered by the Chair of Governors/Panel of Governing Body.

2.3      This policy will be effective from the date of adoption by the Governing
         Body.




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3.0      GENERAL PRINCIPLES
3.1      An employee on maternity leave has the right to continue to benefit from all
         of their terms and conditions of employment except remuneration, just as if
         she was still at work.

3.2      Maternity Leave

3.2.1 This policy applies to all female employees, regardless of their length of
      service and their entitlement to statutory maternity benefits, whose
      expected week of childbirth falls on or after 6th April 2003.

3.2.2 All female employees, regardless of length of service, have a statutory
      right to a period of 26 weeks Ordinary Maternity Leave (OML).

3.2.3 During this ordinary maternity leave period there is no automatic
      entitlement to any payment. Entitlement to payment, in respect of maternity
      leave, is primarily based on length of service of employment as set out in
      Section 4 below.

3.2.4 All female employees who have completed 26 weeks’ continuous Local
      Government Service at the end of the 15th week before the expected
      week of childbirth (EWC), have a statutory right to a further 26 weeks’
      Additional Maternity Leave (AML) which will start at the end of the
      Ordinary Maternity Leave Period.

3.2.5 Therefore employees who are entitled to the Additional Maternity Leave
      will now be entitled to leave of 52 weeks, regardless of when they actually
      give birth.

3.2.6 Please refer to Appendix A for the Maternity Grid, which sets out the above
      entitlements.

3.3      Return to Work

3.3.1 Subject to having complied with the notification requirements as set out in
      Section 5 below,

               an employee is entitled to return to work at the end of their Ordinary
                Maternity Leave, to the same job, on the same terms and conditions
                as if they had not been absent, unless a redundancy situation has
                arisen.

               an employee who has completed a period of Additional Maternity
                Leave, will return to the same job on the same terms and conditions
                unless there is some reason, other than redundancy why it is not
                reasonably practical for the Governing Body/Council to take them
                back in their original job. If this situation arises they are entitled to be
                offered suitable alternative work.




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3.4      Failure to Return to Work

3.4.1 To retain the entitlement to receive the Governing Body’s/Council’s full
      maternity provisions, employees are required to return to work for a period
      of at least three months from the date of their return from maternity leave.
      Failure to return for this period of time will result in the repayment of the
      half pay element that they have received.

3.5      Ante-Natal Care

3.5.1 All pregnant employees have the right to leave with pay for attendance at
      antenatal care on production of evidence of appointments and as much
      notice as possible must be provided.

3.6      Parent Craft Classes and Post Natal Care

3.6.1 All pregnant employees have the right to leave with pay for attendance at
      parent craft classes and post natal care. Leave of absence for partners to
      attend these classes may be granted under the Governing
      Body’s/Council’s Leave of Absence Policy.

3.7      Inability to work During Pregnancy

3.7.1 Where an individual is incapable of continuing to do her job or is prevented
      from doing so for statutory health and safety reasons, then suitable
      alternative employment will be offered to cover this period where it is
      available. Where this is not possible she shall refrain from work for this
      period on full pay.

3.8      Sickness Absence

3.8.1 Maternity leave will not be counted against sick leave entitlement.

3.8.2 If the absence is pregnancy related and if it occurs on or after the fourth
      week (or continues on or after the fourth week) before the expected week
      of childbirth, then maternity leave is automatically triggered.

3.9      Superannuation /Pension

3.9.1 During any period of paid maternity leave (including any period when only
      Statutory Maternity Pay (SMP) is paid), an employee must continue to pay
      pension contributions on the actual pay that is being received.

3.9.2 If an employee has the right to return to work, then they can choose to pay
      contributions for any period of unpaid maternity leave beyond the 26 week
      ordinary maternity pay period so that the period of absence will count in full
      for pension purposes.

3.9.3 If an employee, before going on maternity leave was paying additional
      contributions to increase pension benefits then these remain payable.
      They are calculated on the rate of pay that would have been received if not
      on maternity leave. The additional pension benefits will then accrue in full.



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3.10     Annual Leave (Support Staff Only)

3.10.1 Annual leave entitlement shall not be affected by maternity leave and
       existing conditions of service apply. Therefore an employee will be entitled
       to their full annual leave provision during the period of their maternity
       leave, subject to the existing conditions of carrying forward leave from one
       year to another.

3.10.2 An employee may return to work, and immediately commence annual
       leave. This must be agreed with the Headteacher/Nominated Officer in the
       normal manner.

3.10.3 If maternity leave falls across a leave year then the employee will be
       expected to plan their annual leave to fall within the existing conditions of
       carrying over leave in the normal way. The maximum amount of leave that
       can be carried over is 5 days. Any remaining outstanding leave will be lost.

3.11     Increments

3.11.1 Incremental salary increases shall not be affected by maternity leave. If a
       pay award is implemented within the maternity period, it will be reflected in
       the maternity pay.

3.12     Fixed-Term contracts

3.12.1 Employees on fixed-term contracts are covered by the Maternity Policy
       and associated provisions. If the fixed-term contract ends immediately
       before or during the maternity period, the future of the post will be decided
       after considering the operational requirements of the Department/Service
       Area.

3.13     Essential Car User Allowance

3.13.1 For employees who are only eligible to receive maternity leave then
       essential car user allowance will not be paid during this period.

3.13.2 Employees whose post has been identified as attracting an essential car
       user allowance and who qualify for maternity pay during the ordinary
       maternity leave period, will be entitled to receive essential car user
       allowance in full for the 26 week period.

3.13.3 During the 26 weeks' additional leave period, essential car user allowance
       will not be paid.

3.14     Telephone Allowance

3.14.1 Employees who are entitled to receive a telephone allowance as part of
       their remuneration will continue to do so for the period of the paid maternity
       leave.




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3.15     Still birth/miscarriage

3.15.1 In this very difficult and unfortunate situation where an employee suffers a
       miscarriage (after 24 weeks’ of pregnancy) or gives birth to a child who is
       stillborn or who dies after birth, either during OML or AML she is entitled to
       the same amount of leave and the right to return to work as if her child had
       lived. Her entitlement to maternity pay also remains the same.

3.16     Part-Time Work and Flexible Working

3.16.1 Under Flexible Working legislation the Governing Body/Council shall take
       all reasonable steps to accommodate requests from staff to return on less
       or different hours following the period of maternity leave. Employees have
       no automatic right to return to work on reduced hours and such requests
       shall be considered in light of operational and organisational
       considerations. Please refer to the Governing Body’s/Council’s Flexible
       Working Guidelines for details.

3.17     Contacting Employees’ On Maternity Leave

3.17.1 Whilst an employee is on a period of maternity leave,
       Headteachers/Nominated Officers must keep in touch with them, informing
       them of any work related matters. This will allow for an easier return to
       work, which will be beneficial to the Headteacher/Nominated Officer,
       employee and their colleagues. All employees on maternity leave are
       entitled to receive copies of the Council’s weekly vacancies circular, if they
       so wish. Employees will be asked to indicate whether they wish to receive
       a copy prior to the commencement of their maternity leave.




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4.0      MATERNITY PAY ENTITLEMENT
4.1      Employees’ with less than 26 weeks’ continuous Local Government
         service at the end of the 11th week before the EWC

         There is no entitlement to Occupational Maternity Pay (OMP) or Statutory
         Maternity Pay (SMP), however the employee may be entitled to Maternity
         Allowance if they have paid 26 weeks National Insurance contributions at
         the minimum rate, in the 66 weeks before the date of childbirth. Employees
         should contact their local Benefits Agency Office for advice on their
         entitlement to Maternity Allowance.

4.2      Employees’ with more than 26 weeks’ but less than 1 years’
         continuous Local Government service at the 11th week before the
         EWC

4.2.1 To be entitled to statutory maternity pay, an employee will have to have
      completed 26 weeks’ continuous Local Government service by the end of
      the 11th week before the EWC.

4.2.2 A woman who qualifies for SMP will, under the Regulations receive 90% of
      pay in the first 6 weeks followed by flat rate SMP for up to 20 weeks.

4.3      Employees with more than 1 years’ continuous Local Government
         service at the 11th week before the EWC

4.3.1 Employees with at least 1 years’ continuous Local Government service at
      the 11th week before the EWC will be entitled to the following:

         Support Staff
         Weeks 1-690% of a week’s pay (offset against payments made by way of
         SMP or Maternity Allowance).

         Teaching Staff
         Weeks 1-4 full pay,
         Weeks 5 and 6 - 90% of a week’s pay (offset against payments made by
         way of SMP or Maternity Allowance).

         Support and Teaching Staff
         Weeks 7-18 - Where an employee has declared in writing that she intends
         to return to work she will receive half pay plus SMP without deduction as
         long as it does not exceed full pay. This will be paid on the understanding
         that the employee will return to local authority (not just current authority)
         employment for at least 3 months.

4.3.2 For employees not intending to return, payment will be the employee’s
      entitlement to SMP only.

         Weeks 19-26 – For the remaining 8 weeks the employee will receive their
         SMP entitlement.

4.3.3 Please refer to Appendix A for a breakdown of the above entitlements.


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5.0      THE MATERNITY PROCEDURE
5.1      Notification

5.1.1 The first stage in the procedure requires the individual employee to provide
      written notification of pregnancy. They must provide notification of
      pregnancy and intended leave date to the Headteacher/Nominated Officer
      and the Directorate Personnel Unit. Ideally this will be done as soon as the
      employee knows she is pregnant but must be by the end of the 15th week
      before the EWC.

5.1.2     It will be possible to change her leave date provided that she gives 28
         days’ notice.

5.1.3 Ordinary maternity leave cannot start earlier then the 11th week before the
      EWC.

5.1.4 A member of the Directorate Personnel Unit must then write to the
      employee within 28 days of receiving the notification explaining her right
      to maternity leave, stating her expected date of return from maternity
      leave. This will either be 26 weeks or 52 weeks from the start of the leave
      depending upon whether the employee is entitled to Ordinary Maternity
      Leave or Additional Maternity Leave. They must also explain to the
      employee that they have a duty to notify the employer of any changes to
      her plans.

5.1.5 An Acceptance of Maternity Provisions form (See Appendix B) must also
      be sent to the employee for completion and this must be returned to the
      Directorate Personnel Unit, together with confirmation of the pregnancy by
      the GP or midwife on a MATB1 form. It is essential that this is received
      as no maternity entitlements will be given until the MATB1 is
      received.

5.2      Risk assessment

5.2.1 As soon as notified of a pregnancy, it is the responsibility of the
      Headteacher/Nominated Officer to undertake a risk assessment of the
      work conditions of the employee. If any issues are identified then
      reasonable adjustments must be made. A written copy should be
      forwarded to the Directorate Personnel Unit.

5.3      Commencement of maternity leave

5.3.1 The employee may commence maternity leave at any time after the 11th
      week prior to the EWC.

5.3.2 Providing they are healthy the employee may work up until the expected
      week of childbirth.




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5.4      Returning to work

5.4.1 It will be assumed that an employee will be returning at the end of
      Ordinary Maternity Leave (OML), or if they are entitled to Additional
      Maternity Leave (AML) at the end of that period.

5.4.2 If an employee wants to return earlier than this they must give 28 days’
      notice of their intention to return in writing to their Headteacher/Nominated
      Officer and the Directorate Personnel Unit.

5.4.3 If an employee fails to provide 28 days’ notice of their intention to return to
      work before the end of OML or AML, the Governing Body/Council may
      postpone her return date as such to ensure that it has received 28 days’
      notice of her return. Full pay will not been reinstated until the member of
      staff actually returns to duty.

5.4.4 However in postponing the return to work date the Governing Body/Council
      cannot postpone it to a date after the end of OML or AML.

5.4.5 Failure to return to work following a period of OML or AML without
      producing a medical certificate or any acceptable explanation will be
      regarded as repudiation of an employee’s conditions of employment with
      effect from the date that they would have returned to work.




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6.0      REVIEW OF POLICY
6.1      The content of this policy will be reviewed every two years from the date of
         recommendation by the LEA.


September 2005




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MATERNITY REGULATIONS                                                                                                      APPENDIX A

                          Less than 26 weeks’ service                        More than 26 weeks’ but less than           Employees with more than one
                                                                             one year’s continuous service               year’s continuous service

Leave Entitlement         26 weeks’ Ordinary Maternity Leave                 26 weeks’ Ordinary Maternity Leave          26 weeks’ Ordinary Maternity Leave
                                                                             26 weeks’ Additional Maternity Leave        26 weeks’ Additional Maternity Leave
Maternity Pay             No entitlement                                     Where an individual has 26 weeks’           Support Staff
                                                                             continuous employment at the 11th           6 weeks’ at 90% earnings (offset
                                                                             week before the EWC and her earnings        against payments made by way of
                                                                             are higher than the lower earnings limit    SMP or Maternity Allowance)
                                                                             for NI contributions she will be entitled
                                                                             to receive                                  Teaching Staff
                                                                                                                         4 weeks full pay, 2 weeks 90% offset
                                                                             6 weeks at 90% average weekly               against payments made by way of
                                                                             earnings                                    SMP and Maternity Allowance.

                                                                             20 weeks flat rate SMP                      12 weeks half pay plus SMP (as long
                                                                                                                         as it does not exceed full pay)

                                                                                                                         8 weeks SMP

                                                                                                                         In order to qualify for the half pay
                                                                                                                         element, an employee must have
                                                                                                                         stated that they are returning to work
                                                                                                                         after the period of maternity leave for a
                                                                                                                         period of at least three months. Any
                                                                                                                         employee who does not return for a
                                                                                                                         period of three months must repay the
                                                                                                                         half pay element that they have
                                                                                                                         received

Notification: Employees   Employees must provide notification of pregnancy
                          and intended leave date by the end of the 15th
                          week before the EWC
                          Any change to this must provide 28 days notice




                                                                      14
MATERNITY REGULATIONS (CONT)

                              Less than 26 weeks’ service                          More than 26 weeks but less than             Employees with more than one
                                                                                   one year’s continuous service                year’s continuous service
Notification: Employer        The employer must write to employee within 28
                              days of receiving the above notification and
                              explain:
                              The right to maternity leave and expected return
                              date.

Exercise of the right to      It will be assumed that an employee will be          It will be assumed that an employee
return to work                returning at the end of ordinary maternity leave     will be returning at the end of additional
                                                                                   maternity leave
                              28 days notice must be given to the employer if an
                              employee wants to return prior to this date          28 days notice must be given to the
                                                                                   employer if an employee wants to
                                                                                   return prior to this date

Essential Car User            For employee’s who are eligible, and are normally    During Ordinary Maternity Leave
Allowance                     in receipt of Essential Car User Allowance then      Period (OML) an employee will be
(LEA Centrally Funded Staff   Essential Car User Allowance will not be paid        entitled to receive essential car user
Only)                         during this period                                   allowance in full for 26 week period

                                                                                   During the 26 weeks Additional
                                                                                   Maternity Leave Period (AML),
                                                                                   essential car user allowance will not be
                                                                                   paid.




                                                                             15
                                                                     APPENDIX B

ABSENCE ON ACCOUNT OF PREGNANCY


To:    Headteacher/Nominated Officer

From: _____________________________________________                  (Employee)

Establishment:______________________Post Held:___________________

I wish to confirm that I am pregnant and the anticipated week of childbirth is the
week commencing _____________________________________.

I have read the Governing Body’s/Authority’s Maternity Policy and am aware of
the provisions.

1.*    I do not wish to take advantage of the maternity leave provisions under the
       Policy and conditions of service under which I am employed, nor do I wish
       to take advantage of my right to return to work under the Policy.          I
       therefore wish to terminate my employment and claim my 26 weeks’
       Statutory Maternity pay entitlement.


2.*    I intend to take advantage of the maternity leave provisions under the
       Maternity Policy.

       A medical certificate (form MATB1), confirming my pregnancy and the
       anticipated week of childbirth is attached/will be forwarded as soon as
       possible (Please delete as appropriate). I intend to return to work
       following my period of maternity leave.

3.*    I intend to take advantage of the maternity leave provisions under the
       Maternity Policy. At this stage I am not sure if I will be retuning to work
       but nevertheless wish to retain my right to return under the provisions of
       the Governing Body’s/Councils’ Maternity Policy I understand that should I
       decide to return to work prior to the end of the ordinary maternity leave
       (OML) or (where applicable) additional maternity leave (AML), written
       notification of my intended return date must be provided at least 28 days
       prior to that date.

* Tick appropriate box, indicating acceptance of either 1, 2 or 3.

Please indicate if it is your intention to take advantage of the additional
maternity leave provision of 26 weeks unpaid leave (if applicable).

                                              Yes         No

I wish the weekly vacancy circular to be forwarded to me during my period of
maternity leave. Please tick the box as appropriate.




                                         16
I acknowledge that I have read and understand the Governing Body’s/Council’s
Maternity Policy and I recognise my obligations under the policy. I also note that if
I indicate to the Governing Body/Caerphilly County Borough Council my intention
to return to work after a shorter period than the 26 or 52 weeks and I then submit
a medical certificate before my notified date of return my statutory right of return is
only extended by up to 4 weeks from the earlier date.

I understand that if I do not return to work for a period of at least 3 months after
the end of my maternity leave entitlement that the monies paid to me in excess of
SMP during the 12 weeks half pay period will be repayable to the Governing
Body/Council.

Signed: ______________________________Date:_____________________



Please send a copy of the completed form to both the Directorate Personnel
Unit and the Directorate Payroll Unit.




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