Scheme Expected Date of Confinement

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					       Management Guide To Best Practice




                   Maternity




Guidance Notes for Managers




Draft April 2007
                                 CONTENTS


                   SECTION 1 : Maternity Leave and Pay

                                                                   Page
Introduction                                                        4
Scheme A:       Women with less than one year’s continuous local    4
                government service
Scheme B:        Women with at least one year’s continuous local    4
                 government service
Maternity Leave                                                     5
Notification Requirements
-    By the Employee                                                5
-    By the Employee’s Manager                                      5
Automatic Trigger of Maternity Leave                                5
The Maternity Pay Period                                            6
Qualifying for Statutory Maternity Pay                              6
Qualifying for Occupational Maternity Pay                           6
Payment of Statutory Maternity Pay                                  7
Payment of Occupational Maternity Pay                               7
Contractual Benefits during Maternity Leave                         8
Returning to work after Maternity Leave                             8
Working under more than one Contract                                9
Stillbirths                                                         9




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              SECTION 2 : GENERAL CONDITIONS


                                                              Page
  Fertility Treatment                                          9
  Time Off For Ante-Natal Care                                 9
  Accrual Of Annual Leave During Maternity Leave               10
  Parental Leave                                               10
  Maternity Support Leave                                      10
  Statutory Paternity Leave and Pay                            11
  -   Notification Requirements                                12
  -   Start of Paternity Leave                                 12
  -   Contractual Benefits during Paternity Leave              12
  Maintaining Contact                                          13
  Keeping In Touch Days                                        13
  Flexible Working Arrangements                                14
  Health, Safety And Welfare                                   14
  Unfair Dismissal                                             16
  Pension Contributions                                        16
  Career Break Scheme                                          17
  Useful Contact Numbers                                       18
  Appendix 1 - Application to commence Maternity Leave
  Appendix 2 - Model letter to employees acknowledging
  notification of Maternity Leave
  Appendix 3 - Maternity Support Leave Scheme
  Appendix 4 - Statutory Paternity Pay and Leave
  Appendix 5 – Keeping In Touch Days (Timesheet) Form MAT 6




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                             INTRODUCTION

This guide outlines entitlement to maternity leave and pay for Council
employees. Part-time or job sharing employees who satisfy the qualifying
conditions will have the same entitlements. A separate scheme applies to
teaching staff.

All pregnant employees irrespective of length of service and hours worked are
entitled to a 26-week period of Ordinary Maternity Leave and to a 26-week
period of Additional Maternity Leave. Entitlement to Occupational Maternity
Pay, as well as Statutory Maternity Pay and Maternity Allowance, is
dependant on a range of conditions which are explained more fully in this
guide.

The Council has two maternity schemes for employees:

Scheme A - applies to women with less than one year’s continuous local
government service by the beginning of the 11th week before the expected
week of childbirth.

Entitlements:
 26 weeks’ Ordinary Maternity Leave (OML)
 26 weeks Additional Maternity Leave (AML) - no qualifying period after
  01/04/07
 Statutory Maternity Pay - where service conditions apply
       -     6 weeks at 9/10ths of average earnings, then
       -     33 weeks at standard rate of SMP entitlement


Scheme B - applies to women with at least one year’s continuous local
government service by the beginning of the 11th week before the expected
week of childbirth.

Entitlements:
 26 weeks’ Ordinary Maternity Leave (OML)
 26 weeks Additional Maternity Leave (AML)
 Occupational Maternity Pay
       -    6 weeks at 9/10th of average earnings, then
       -    33 weeks at the standard rate of SMP entitlement plus
            6 week’s full pay (the payment of which to be agreed with
             the employee) if declared intention to return to work, or
       -    33 weeks at the standard rate of SMP entitlement if declared
            intention not to return to work

An employee information booklet entitled ‘Maternity Rights’ is available,
detailing the schemes. The booklet rather than this guide should be given to
pregnant employees. Information for employees is also available on the HR
Intranet Site (Policies and Procedures).



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Maternity Leave

All pregnant employees, irrespective of length of service and hours worked
are entitled to a 26-week period of Ordinary Maternity Leave and a further 26
weeks Additional Maternity Leave.

Additional Maternity Leave (AML) starts on the first day following the end of
Ordinary Maternity Leave (OML). For those employees with an EWC on or
after 01/04/07 there is no qualifying period of employment for AML.

What Are The Notification Requirements?

By the Employee

On becoming pregnant, an employee should notify her line manager as soon
as possible. This is important as there are health and safety considerations
for the employee and the authority.

At least 28 days before the start of maternity leave, or as soon as reasonably
practicable afterwards, a woman must notify the Council:

-      that she is pregnant,
-      of her expected week of childbirth (including a MATB1, or any other
       confirmation of EWC which is signed by a registered midwife or
       general practitioner). This confirmation cannot be issued more than 20
       weeks before the week in which the baby is due.
-      of the date on which she intends to start her maternity leave. This
       should be in writing and the date notified cannot be earlier than the
       beginning of the 11th week before the expected week of childbirth.
       (See model form at Appendix 1)

A woman will be able to change her mind about when she wants to start her
leave providing she tells her manager at least 28 days in advance (unless this
is not reasonably practicable). If childbirth occurs early the employee must
notify her manager that she has given birth.

By the Employee’s Manager

A manager must respond to a woman’s notification of her leave plans, in
writing, within 28 days. This should state the date on which she is expected to
return to work if she takes her full 52 week entitlement to maternity leave.
(See model letter at Appendix 2).

What Will Automatically Trigger The Start Of Maternity Leave?

A woman’s maternity leave will start automatically if:

 she gives birth before her maternity leave starts,



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 she is absent from work for a pregnancy related illness during the four
  weeks before the start of her expected week of childbirth, regardless of
  when she has said she actually wants her maternity leave to start.

What is the Maternity Pay Period?

This is the period of 39 weeks after the employee starts her maternity leave,
which cannot be earlier than the 11th week before the expected week of
childbirth. In circumstances where a women gives birth before she has
actually commenced maternity leave, maternity pay will start the day following
birth. This also applies to a women who goes off with a pregnancy-related
sickness if it is within four weeks of the expected date of confinement.

Who Qualifies For Statutory Maternity Pay?

To be eligible a woman must:

 be pregnant and have reached, or given birth before reaching, the start of
  the 11th week before the expected week of childbirth.
 have been continuously employed for at least 26 weeks by the end of the
  15th week before the expected week of childbirth (this is called the
  qualifying week). A woman must have been employed with the Council for
  this length of time, previous unbroken continuous service with another
  authority will count for this purpose.
 provide medical evidence of the date her baby is due.
 have average weekly earnings for the 8-week period ending with the
  qualifying week, of not less than the lower earnings limit for NI
  contributions.
 have stopped working for the Council to start her maternity leave.

Providing a woman qualifies she is entitled to receive Statutory Maternity Pay
even if she is not returning to work after she has given birth.

If a woman is not entitled to Statutory Maternity Pay she may be eligible to
claim Maternity Allowance from the Department for Work and Pensions. Any
claim should be made as soon as possible otherwise the woman may lose
some of her benefit. She will need to be issued with a completed SMP1 form
confirming that she is not entitled to Statutory Maternity Pay. Further
information on Maternity Allowance is available from the Department for Work
and Pensions.

Who Qualifies For Occupational Maternity Pay?

To be eligible for Occupational Maternity Pay a woman must:

 have at least one year’s continuous local government service by the
  beginning of the 11th week before the expected week of childbirth.
 have indicated that she intends to return to local government service at the
  end of her period of maternity leave. This must be for at least 3 months


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    after maternity leave. If she does not she will have to repay the 6 weeks
    full-pay element of her maternity pay (but not the SMP).

What Is A Woman Paid If She Is Entitled To Statutory
Maternity Pay?

A woman who is entitled to SMP should receive:

 9/10th of a week’s pay for the first 6 weeks’ of absence thereafter,
 33 weeks statutory maternity pay at the standard rate,

(or 9/10th of earnings for the full 39 weeks if this is less than the standard
 rate of SMP).

A woman will be able to start to receive her SMP on any day of the week.
SMP will start on the day she specifies in her notice, provided that she starts
her leave on this day.
The current rate of Statutory Maternity Pay is available from Pay and
Employment .

What Is A Woman Paid If She Is Entitled To Occupational
Maternity Pay?

Where a woman has indicated that she intends to return to work at the end of
her period of maternity leave she is entitled to receive:

     9/10th of a weeks pay for the first six weeks of absence (this is offset
  against any entitlement to Statutory Maternity Pay during this period),
  thereafter,
      33 weeks statutory maternity pay at the lower rate, plus
     6 weeks full pay during the remaining 20 weeks of ordinary maternity
      leave (provided this + SMP do not exceed full pay) which can be
      paid as follows:
      -      12 weeks at half pay
      -      20 weeks at 3/10th of pay
      -      paid in full when woman returns to work at the end of maternity
             leave.
      Note: The distribution of the payment should be agreed with the
      employee.

If a woman declares she is not returning to work at the end of her period of
maternity leave she is entitled to receive:

 9/10th of a weeks pay for first six weeks of absence (this is offset against
  any entitlement to Statutory Maternity Pay during this period),
      thereafter,
 33 weeks statutory maternity pay at the lower rate.




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The application form to commence maternity leave (see model request form
at appendix 1) must be completed and sent to Pay and Employment as soon
as notification of the date of commencement of maternity leave is received
from the employee. A MATB1 form or any other confirmation of the EWC
which is signed by a registered midwife or general practitioner must
accompany this form.

What Contractual Benefits Are Protected During Maternity
Leave?

Ordinary Maternity Leave

A woman’s terms and conditions of employment are protected throughout the
Ordinary Maternity Leave period. The only exception to this is that she is not
entitled to receive remuneration. Instead she is only entitled to Statutory
Maternity Pay. (Apart from ‘Keeping In Touch Days’ –see page 13)
Additionally, she is entitled to return to the job in which she was employed
before her absence on terms and conditions not less favourable than those
which would have applied if she had not been absent and with her seniority,
pension and similar rights as they would have been if she had not taken
maternity leave. There is one exception to the right to return to her old job
and this is where a redundancy situation has arisen during her absence. In
such circumstances a woman is entitled to be offered a suitable alternative
post not less favourable to her.

Additional Maternity Leave

A woman’s contract continues throughout the period of Additional Maternity
Leave. She is entitled to return to the job in which she was employed before
her absence or, if that is not reasonably practicable, to another job on terms
and conditions not less favourable than those which would have applied if she
had not been absent, and with her seniority, pension and similar rights as
they would have been if she had not taken maternity leave.

Returning To Work After Maternity Leave

A woman returning to work at the end of her period of additional maternity
leave, is not required to give notice of her return. She can simply turn up to
work on the first working day after her maternity leave has ended. This date
should have been provided to her by her manager at the time she gave
notification of her intention to take maternity leave.
While she is under no obligation to do so, it would assist her manager if she
confirms as soon as convenient during her maternity leave that she will be
returning to work as expected.

If a woman wishes to return to work earlier she must provide 21 days notice.
If she fails to provide sufficient notice her return can be postponed so that
such notice is provided. The postponement cannot go beyond the end of her
maternity leave period.


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If due to sickness a woman is unable to return at the end of her maternity
leave or on the date she notified if she intended to return early, the normal
sickness provisions apply. If she complies with the normal sickness rules she
will receive Statutory Sick Pay, plus if eligible, Occupational Sick Pay.

If a woman no longer wishes to return to work she will need to submit her
resignation in writing.

What If An Employee Works Under More Than One Contract?

If a woman has two or more separate contracts with the Council she may
have two (or more) entitlements to Statutory Maternity Pay. This will depend
on whether national insurance contributions are paid separately or
aggregated.

What If A Child Is Stillborn Or Dies?

A woman is entitled to Statutory Maternity Pay if she has a stillbirth on or after
the start of her 25th week of pregnancy.

What Is The Relationship Between Statutory Maternity Pay
And Statutory Sick Pay During The Maternity Pay Period?

Statutory Maternity Pay is payable throughout the 39 week Maternity Pay
Period. If a woman notified the Council that she was returning to work during
this period and then was unable to do so due to illness she would be paid
Statutory Maternity Pay during her absence not Statutory Sick Pay. If she
was unable to return to work at the end of the 39 week maternity leave period
due to illness she would be entitled to Statutory Sick Pay. If eligible, this
would be made up to full pay with Occupational Sick Pay.


                          General Conditions

                             Fertility Treatment

Employees may apply under the special leave provisions for reasonable time
off to undergo fertility treatment.

                      Time Off for Ante-Natal Care

A pregnant employee and/or the father-to-be, partner or nominated carer
have the right to reasonable time off without loss of pay to attend ante-natal
appointments. Employees can be asked to produce an appointment card or
other evidence of the appointments having been made.


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Ante-natal care can include not only medical examinations but also relaxation
and parentcraft classes. However, where possible, the employee should
make every effort to arrange these appointments out of working hours.


         Accrual Of Annual Leave During Maternity Leave

The period of time a woman is absent on maternity leave is taken into
account when calculating her annual leave entitlement for the leave year(s) in
which maternity leave falls. Additionally, where a woman has an entitlement
to a bank holiday and/or public holiday she will also be entitled to a day in lieu
for each of these days that coincides with the first 26 weeks of Ordinary
Maternity Leave.

Annual leave cannot be carried-over from one leave year to another other
than in exceptional circumstances. In order to ensure that an employee does
not forfeit her accrued leave, it is important that she is made aware of how
much leave she will have accrued by the time she returns to work. Where
she would not return to work until just before or after the end of the leave year
in which she went on maternity leave she should be advised to consider:

   taking her leave entitlement prior to the start of maternity leave, or
   request and take her leave at the end of the leave year in which she goes
    on maternity leave.

                               Parental Leave

An employee who has been continuously employed by the Council for at least
a year may take parental leave for a child under the age of five.

Where a pregnant employee satisfies the continuous service conditions she
may apply for up to 4 weeks parental leave (which is unpaid) to coincide with
the end of either Ordinary Maternity Leave or Additional Maternity Leave. If
she wishes to apply for parental leave she will need to give the Council 28
days’ notice stating the proposed start and end of the period of parental
leave. There are certain circumstances where the request for parental leave
may be postponed. (See Advisory Bulletin No 1/2000 for details).

                         Maternity Support Leave

This is a scheme whereby a child’s father, or the partner or nominated carer
(the person nominated by the mother as her primary provider of support at or
around the time of birth) of an expectant mother, is entitled to take 5 days’
paid leave (or the equivalent pro rata rate for part-time employees) at or
around the time of birth. The nominated carer can be male or female and
applies to all employees whether they are full-time or part-time, permanent or
temporary. The employee requesting this leave should provide a copy of the


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mother’s MATB1 certificate or other written confirmation which has been
signed by a registered midwife or general practitioner (which must not be
dated more than 20 weeks before the week in which the baby is due) together
with a completed request form to take Maternity Support Leave. (See model
request form at Appendix 3).

 In certain circumstances the Council can reclaim a proportion of paid
maternity support leave. The completed form and a copy of the MAT B1
certificate needs sending to Pay and Employment informing them of the
requested leave date. It is essential for the manager to confirm to Pay and
Employment when this period of leave actually commences as this may vary
depending if the baby is early or late.


                   Statutory Paternity Leave And Pay

This is an additional one, or two consecutive, week’s paid leave, following the
birth of a child. To be eligible employees will need to have worked
continuously for the Council for 41 weeks leading into the week before the
expected week of childbirth. Employees will also need be able to declare
that:

 they are
   - the baby’s biological father, or
   - married to the mother, or
   - living with the mother in an enduring family relationship, but are not an
      immediate relative, and
 they will be responsible for the child’s upbringing, and
 they will take time off work to support the mother or care for the child.

Statutory Paternity Pay is paid at the standard rate of Statutory Maternity Pay
applicable in the year in which the leave starts. Employees who have
average weekly earnings below the lower earnings limit will not qualify for
Statutory Paternity Pay. They may, however, be able to get Income Support
while on paternity leave.

How does Statutory Paternity Leave fit with Maternity Support Leave

Employees who are eligible for both Maternity Support Leave and Statutory
Paternity Leave (and this includes same sex partners) will be entitled to one
week’s leave with normal pay and one week’s Statutory Paternity Pay
provided they take MSL and SPL after the child has been born. If they take
one weeks MSL before the child is born they may take, if they wish, two
weeks SPL after the child is born.

Paternity leave or a combination of maternity support leave and paternity
leave must be taken in consecutive weeks, the only exception to this is for
employees who wish to take maternity support leave prior to the birth and




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paternity leave after the birth (in this event the paternity leave must be one
week, or two weeks running consecutively).

For employees who take paternity leave only, this can start from the day after
the birth of the baby, not before or on the date of the birth.


What are the notification requirements?

Employees who qualify for paid paternity leave will need to inform their
manager, in writing, of their intention to take paternity leave no later than 28
days before the baby is expected (unless this is not reasonably practicable).
This must be in writing and state:

   the week the baby is due,
   that they wish to take one weeks’ leave (it must be taken in a one week
    block),
   when they want their leave to start (employees can change their mind
    about the date on which they want their leave to start providing they tell
    their manager at least 28 days in advance).
   a declaration that he or she is in an enduring relationship with the mother,
    will be responsible for the child’s upbringing and will be taking time off to
    support the child’s mother or care for the child.

A model statement to be completed by the employee is attached
at Appendix 4.

When Can Paternity Leave Start?

Leave can start on any day of the week on or following the child’s birth but
must be completed:

   within 8 weeks of the actual birth of the child, or
   if the child is born early within the period from the actual date of birth up to
    8 weeks after the expected week of childbirth

Only one period of leave can be taken whether or not more than one child is
born as the result of the same pregnancy.

What contractual benefits are preserved during Paternity Leave?

Employees are entitled to the benefit of their normal terms and conditions of
employment, except for terms relating to the payment of wages or salary,
throughout their paternity leave. They will also be entitled to return to the
same job following paternity leave.




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Administration of Statutory Paternity Leave and Pay

The Council can reclaim a proportion of statutory paternity pay and it is
essential that Pay and Employment are advised when an employee is going
to take paternity leave. The Statutory Paternity Pay and Leave form needs
completing and a copy of the MAT B1 certificate needs sending to Pay and
Employment informing them of the requested leave date. It is essential for
the manager to confirm to Pay and Employment when this period of leave
actually commences as this may vary depending if the baby is early or late.


            Maintaining Contact During Maternity Leave

It is important that contact is maintained with an employee whilst she is on
maternity leave. She should be kept informed of developments and changes
within the department and organisation, for example by sending copies of The
Winning Post, HR Recruitment Bulletins and memos / e-mails where relevant.
Contacting a woman on maternity leave by phone occasionally during her
leave may also help her feel less isolated from work and, may make it easier
for her to return after a lengthy absence. Arrangements should be agreed with
the employee before maternity leave commences.


                        Keeping In Touch Days


Employees can agree with their manager to work for up to 10 days during her
statutory maternity leave period without bringing the period of maternity leave
to an end and without the loss of a week’s statutory maternity pay as a result
of carrying out that work . This must be a mutual agreement between the
employee and the manager. For these purposes, ’work’ may include training
or any other activity undertaken to assist the employee in keeping in touch
with workplace, such as attending training courses, appraisals or team
meetings. It should be made clear that this is entirely voluntary and any
refusal will be considered reasonable in the circumstances. Working for part
of a day will count as one days work for the purpose of the 10 day calculation.
A woman should not be invited to attend work during the two-week period
following the date of birth. This is the period known as Compulsory Maternity
Leave which employees are prohibited from working.

Keeping in Touch Days will be paid at the hourly contractual rate and will be
paid in total at the end of the maternity leave period. A MAT 6 form (see
appendix 5) will need to be completed at the end of the maternity period and
sent to Pay and Employment.




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                    Flexible Working Arrangements


Employees who are thinking about changing their work pattern, should speak
to their manager as early as possible in order to explore what opportunities
are available.
Changes which relate to hours, times and places of work can be requested.
Managers will have a duty to consider such requests seriously. It does not
provide an automatic right to work flexibly as there will always be
circumstances when a manager is unable to accommodate the employee’s
desired work pattern. If a change is agreed, it will be permanent and there
will be no right to revert back to the former working arrangement.

Employees who wish to apply for a flexible working arrangement should be
encouraged to discuss this before they go on maternity leave. This will
enable their manager to consider the application, and if agreed, to try to
ensure that the necessary arrangements are in place when they return.

Further information is available in the Management Guide to Best Practice
No. 11, Flexible Working: the right to request and the duty to consider which
is posted on the Corporate HR Intranet Site: Policies and Procedures. An
employee booklet is also available.

                       Health, Safety and Welfare

There are a number of statutory obligations with regard to the health and
safety of; pregnant employees, women who have given birth within the last six
months or who are breastfeeding. Managers are required to make a suitable
and sufficient assessment of the health and safety risks to which their
employees are exposed at work. In the case of women of child-bearing age
the assessment must take account of any risks to new or expectant mothers
and their children. Advice and guidance is available from the Safety Officer -
Trading and Facilities Management and Health and Well Being – Human
Resources and Organisational Development.

Preventative action, identified as a result of the risk assessment process, will
need to be carried out when a woman has given notification that she is
pregnant or a new mother. This may include a review of first-aid facilities to
ensure, wherever possible, that rest and recovery facilities are available, if
required. If she is still going to be exposed to a risk that could affect her
health and safety there are a number of steps to be taken:

        firstly, temporary adjustment to working conditions or hours of work,
        if not reasonable to do so or if the risk cannot be avoided, suitable
         alternative work should be offered (the terms and conditions must
         not be less favourable than her existing ones),



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        if no alternative work is available, she should be suspended from
         work, on full pay, for as long as necessary to protect her safety or
         health or that of her child,
        if the offer of suitable alternative work is unreasonably refused then
         she should be given unpaid leave of absence.

All measures taken must continue for as long as the risk exists. It is good
practice, although not a legal requirement, to consider the following aspects
of pregnancy which can affect an employee’s work and consider whether
alternative arrangements need to be made.

 Aspect of Pregnancy              Work Affected
 Morning sickness                 Early shift work
                                  Exposure to nauseating smells
 Backache                         Standing/manual handling/posture
 Varicose veins                   Standing / sitting
 Haemorrhoids                     Working in hot conditions
 Frequent visits to the           Difficulty in leaving job/site of work
 toilet
 Increasing size                  Use of protective clothing
                                  Working in confined areas
                                  Manual handling
 Tiredness                        Overtime
                                  Evening work
 Balance                          Problems of working on slippery, wet
                                  surfaces
 Comfort                          Problems of working in tightly fitting
                                  workspaces

Some pregnant women may be concerned about radiation from display
screen equipment. Research shows that this is not harmful to the unborn
child, however, any concerns should be sympathetically addressed with the
employee being encouraged to speak to her doctor.




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                             Unfair Dismissal

It is automatically unfair to dismiss a women on pregnancy-related grounds,
irrespective of her length of service.

Additionally, dismissal on pregnancy-related grounds will also constitute
discrimination under the Sex Discrimination Act. There is no qualifying period
for bringing a claim of sex discrimination and, importantly if successful, there
is no limit on the amount of compensation. Equally, if the employee suffers a
detriment (short of dismissal) as a result of her sex she could bring a
discrimination claim.
A woman will be entitled to a written statement (whether requested or not)
giving details of the reasons for her dismissal.

Advice is available from your Directorate HR/Staffing Department or your
Corporate HR Advisor.

                         Pension Contributions

The Council must pay pension contributions throughout the period of Ordinary
Maternity Leave whether or not the employee actually receives any pay. The
employer contributions will be based on what the employee would have been
earning had she been working normally. The employee’s contributions are
based on the pay she actually receives. If she receives no pay during this
period, for example because she does not qualify for Statutory Maternity Pay,
she will not have to pay any contributions.

The Council will continue to pay pension contributions whilst the employee is
receiving pay during the Additional Maternity Leave period. No contributions
will be payable by either the employee or the Council in any period of
Additional Maternity Leave in which the woman receives no pay. When the
employee returns to work she should be given the choice of paying the
contributions relating to any period of unpaid maternity leave. She must elect
to do so within 30 days of returning to work.

The Keeping in Touch days are pensionable and if utilised in the last thirteen
weeks of the Additional Maternity Leave period will reduce the amount of
unpaid contributions. A break in pensionable service may affect the
employee’s long term benefits, depending on her individual circumstances.
Advice is available from the Pensions Services Manager.




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                          Career Break Scheme

The Council has a Career Break Scheme which allows eligible employees to
take an unpaid break from work. The scheme allows a break of up to 5
years. There is no guarantee of employment at the end of the break although
every effort will be made to find the individual employment at the same level
as the post they leave.

If an employee wishes to take advantage of a career break immediately
following maternity leave the normal maternity provisions will apply. The
career break may begin at the end of maternity leave, providing the employee
has completed at least one year’s service with the Council. Employees who
wish to consider a career break should refer to the policy on Career Breaks.

Employees who have received 6 weeks’ full pay under the Occupational
Maternity Pay Scheme, who do not return to local authority employment for 3
months, will be required to repay this to the Council prior to the career break
scheme commencing.




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Useful Telephone Contact Numbers:


Safety Section - Trading and Facilities                                                       737537
Management.............................

Health and Well Being           ...........................................................   737045

Stress Counselling Service..........................................................          737045

Pay and Employment Direct – General                                                           862630

Pensions Services Manager.....................................................                737181




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APPLICATION TO COMMENCE MATERNITY LEAVE                                                        Appendix 1


This request must be made at least 28 days before maternity leave is to
start.

Scheme A            Women with less than one year’s continuous local
                    government service

I wish to apply for maternity leave to commence on ........................................

My expected week of childbirth is .....................................................................

I attach confirmation of the date my baby is due



Scheme B           Women with at least one year’s continuous local government
                   service

I wish to apply for maternity leave to commence on ........................................

My expected week of childbirth is ...............................................................................

I attach confirmation of the date my baby is due
At the time of making this application:
 I intend to return to work at the end of my maternity leave
 I understand that this is only asked in order to calculate
   Occupational Maternity Pay
 I would like my occupational maternity pay to be paid as follows:
   - 12 weeks at half pay
   - 20 weeks at 3/10 of full pay
   - 6 weeks full pay when I return from maternity leave
 If I do not return to local authority employment for 3 months at the
   end of my period of maternity leave I will refund to the Council the
   half pay I have received



Name .......................................................................Payroll No ............................

Directorate .............................................................. Section ................................

Home Address .....................................................................................................

..............................................................................Post Code ..............................

Signed .......................................................................Date...................................

Managers Signature...........................................Extension Number......................

If you wish to change the start date of your maternity leave you must advise your
manager at least 28 days in advance, unless this is not reasonably practicable.



Draft April 2007                                                                                                19
                                                                         Appendix 2



Draft model letter to employees acknowledging notification of maternity
leave.



Dear [name of employee]

Congratulations and thank you for informing me of your pregnancy and the date
your baby is due. I am writing to your about your maternity leave and pay.

Maternity Leave

As we discussed, you are eligible for 26 weeks’ ordinary maternity leave
plus 26 weeks’ additional maternity leave.

You have advised me that you would like to begin your maternity leave on
[insert date]. If you want to change this date you must notify me 28 days before
the new intended start date, or as soon as reasonably practicable afterwards.

You have also advised me that you intend to return to work. Assuming that
you return at the end of your full maternity leave entitlement your start date will
be [insert date].

If you want to come back to work before this date you must notify me 21 days
before the end of your maternity leave.

Maternity Pay

The following paragraph applies to women eligible for Scheme A or those
eligible for Scheme B who indicate they are not returning to work

As discussed you are eligible for Statutory Maternity Pay as follows:

       Weeks 1-6 =     9/10th of average earnings [insert amount]
       Weeks 39 = SMP of [insert amount]

The following paragraph applies to women eligible for Scheme B who
indicate that they are returning to work

As discussed you are eligible for Occupational Maternity Pay as follows:

       Weeks 1-6 =         9/10th of average earnings [insert amount]
       Weeks 39 =         SMP of [insert amount], plus
                           6 weeks full pay which you have indicated you would
                           like to be paid as follows[insert the agreed payment
                           distribution and amount]




Draft April 2007                                                                      1
                                                                       Appendix 2
The following paragraph applies to women not eligible for Statutory
Maternity Pay

I have given you form SMP1 which explains why you do not qualify for Statutory
Maternity Pay. You may be entitled to Maternity Allowance. If you take this
form to your local Jobcentre Plus or the Department of Work and Pensions
Office they will be able to tell you more.

Annual Leave Entitlement

During your maternity leave you will accrue all of your annual leave entitlement
which will be [insert number days]. Additionally, you will also be entitled to
[insert number of days] lieu days for the statutory holidays accrued during
Ordinary Maternity Leave. You should ensure that you take your leave
entitlement either before or after your maternity leave. Annual leave not taken
by the end of the leave year will be forfeited. When you have had the
opportunity to consider this I would be grateful if you would discuss with me
your leave plans.

Health and Safety

I want to make sure that your health and safety as a pregnant mother are
protected while you are working, and that your are not exposed to risk. I will
arrange for a specific risk assessment of your job and we will discuss what
actions to take if any problems are identified. If you have any further concerns,
following this assessment and specifically in relation to your pregnancy, please
let me know immediately.

Flexible working

Following the birth of your child you will be entitled to apply to work flexibly.
The changes you request can relate to hours, times and places of work. There
is no automatic right to work flexibly, however, I will give serious consideration
to your request and would encourage you to discuss this with me at the earliest
opportunity to ensure:

 that all the necessary arrangements are in place when you return if I am able
  to agree to your request, or
 that we are able to discuss alternative options, where appropriate, if I am
  unable to agree to your request.

Any request that is made and accepted will be a permanent change to your
contractual terms and conditions.

The employee booklet, Flexible Working: the right to request and a duty to
consider is enclosed.

If you decide not to return to work you must still give me proper notice. Your
decision will not affect your entitlement to SMP.




Draft April 2007                                                                   2
                                                                     Appendix 2



I am happy to discuss the above and any other aspects of your maternity
entitlements with you so please do not hesitate to speak to me if you have any
queries.

Yours sincerely




Manager




Draft April 2007                                                                 3
                                                                                                       Appendix 3

                           MATERNITY SUPPORT LEAVE

To check if you qualify please read the terms and conditions on the reverse of
this form. This completed application form should be given to your manager as
soon as possible.

The date(s) you wish to take your Leave



I wish to take the following number of days maternity support leave ...................


I would like to take my Maternity Support Leave on.............................................



Your Declaration


Surname:.............................................................................................................

First Name(s)........................................................................................................

I declare that:

 I am requesting this leave because I will be the primary provider of support
  to the mother during this time.
 a copy of the mother’s confirmation of the date the baby is due is attached to
  this application
 I understand that any abuse of this scheme may result in:
   - disciplinary action being taken against me and;
   - against the expectant mother, if she is employed by the Council


Signature: .............................................................................................................

Department: ................................................ Directorate: .....................................

Name of Expectant Mother .............................................................................. .

Relationship to Expectant Mother: .......................................................................

Signature of Expectant Mother: ............................................................................


Approved By (Manager / Supervisor): ............................................................

Date: .................................                           Contact number : .......................




Draft April 2007                                                                                                        1
               Maternity Support Leave Terms and Conditions
1.     The scheme applies to all employees whether their employment is full-
       time or part-time (irrespective of the number of hours worked) or is permanent
       or temporary. A separate scheme applies to teaching staff.

2.     The entitlement is an allowance of 5 days’ paid leave for full-time
       employees and an equivalent pro rata amount for part-time employees
       based on the number of hours per week that the employee is contracted to
       work.

3.     The child’s father or the partner or nominated carer of an expectant
       mother is entitled to the leave at or around the time of birth. A nominated carer
       may be male or female and is the person nominated by the expectant mother
       as her primary provider of support at or around the time of birth.

4.     The date(s) of the leave must be agreed beforehand with the employee’s
       manager unless circumstances prevent this, in which case the manager should
       be contacted as soon as possible or before any day of absence.

5.     The employee requesting leave must provide their manager with the
       following as soon as possible:

        a copy of the mother’s MATB1 or some other signed confirmation of the
         expected date of childbirth. This is available from her doctor or midwife.
        the completed request form, signed by both themselves and the expectant
         mother
       The documents cannot be accepted if dated more than 14 weeks before the
       week in which the baby is due.
                                                                      th
6.     The leave may be taken at any time from the start of the 14 week before the
       baby is due and up to 3 months after the baby is born, and includes attendance
       at birth. This period is intended to cater for any practical difficulties or
       complications which may arise during pregnancy, post natal problems and also
       for emotional support.

7.     The leave may be taken as circumstances dictate and there is no
       requirement to take it as consecutive days. Part-time employees should take
       the equivalent amount of leave within their usual working pattern of part-time
       days. The employee may choose when to take the leave but agreement must
       be reached with their manager who will give sympathetic consideration to the
       request and normally grant leave. In some cases leave may need to be taken
       at short notice in which case the employee should keep in touch with their
       manager.

8.     Any abuse of this scheme may result in disciplinary action being taken
       against the employee requesting leave, and also against the expectant mother
       if she is employed by the Council.

9.     Any queries on the Scheme should be referred to the employee’s manager as
       soon as possible.

10.    If the employee is the child’s biological father, or married to the mother or living
       with the mother in an enduring family relationship, but is not an immediate
       relative they may be eligible for an additional week’s leave under the Statutory
       Paternity Leave and Pay Scheme. They will need to apply separately for this
       leave.


Draft April 2007                                                                          1
                                                                                                          Appendix 4

              STATUTORY PATERNITY PAY AND LEAVE

To check if you qualify please read the terms and conditions on the reverse of
this form. This completed statement should be given to you manager no later
than 28 days before you intend to claim statutory paternity pay and leave.
Failure to do so may lead to a delay in payment.


Your Dates for Pay and Leave


The Baby is due on...........................................................................................

If the baby has been born please enter the actual date....................................

I would like my Statutory Paternity Pay and Leave to start on..........................

(Please note that leave must be in a one week block)


Your Declaration



Surname:............................................................................................................

First Name(s).....................................................................................................

Payroll Number :................................................................................................

I declare that:

 I am
     the baby’s biological father, or
     married to the mother, or
     living with the mother in an enduring family relationship but am not an
    immediate relative and that
 I have responsibility for the child’s upbringing, and
 I will take time off work to support the mother or care for the child



Signature: .........................................................................................................

Date:..................................................................................................................




Draft April 2007                                                                                                          1
                                                                           Appendix 4
                   STATUTORY PATERNITY PAY AND LEAVE

                            TERMS AND CONDITIONS

The Council has a Maternity Support Leave (MSL) scheme which is more
favourable than available under the Statutory Paternity Leave (SPL) scheme.
Employees who are eligible for both maternity support leave and paternity leave
will be entitled to one week’s leave with normal pay and one week’s leave paid
at the standard rate of SMP provided they take MSL and SPL after the child
has been born. If they take one weeks MSL before the child is born they may
take, if they wish, two weeks SPL after the child is born.

Paternity leave or a combination of maternity support leave and paternity leave
must be taken in consecutive weeks, the only exception to this is for employees
who wish to take maternity support leave prior to the birth and paternity leave
after the birth (in this event the paternity leave must be one week, or two weeks
running consecutively).

For employees who take paternity leave only, this can start from the day after
the birth of the baby, not before or on the date of the birth.

Eligible employees will need to apply separately for an additional weeks leave
under the Maternity Support Leave Scheme.

In order to be eligible for Statutory Paternity Pay and Leave an employee must
be able to declare that:

 they are the baby’s biological father, or married to the mother or living with
  the mother in an enduring family relationship, but are not an immediate
  relative, and
 they will be responsible for the child’s upbringing, and
 they will take time off to work to support the mother or care for the child.

They must also:

 Take the time off work in the 8 weeks after:

        -       the date the child is due, or
        -       if the child is early, within the period from the actual date of birth
                up to 8 weeks after the expected week of birth.
   Give their manager a minimum of 28 days notice of when they expect to take
    their statutory paternity leave, based on the date the baby is due. If the baby
    is born sooner or later than expected, they should discuss the situation with
    their manager.
   An employee can change their mind on the date they want their leave to start
    but must give their manager 28 days notice of the dates.
   Take a whole week and not odd days.
   Have worked for the Council for 41 weeks, continuously, by beginning of the
    week before the baby is due to be born.




Draft April 2007                                                                     2
                                                                     Appendix 4
Statutory Paternity Pay (SPP) is paid at the standard rate of Statutory
Maternity Pay (SMP) applicable in the year in which the leave starts or 90% of
the employee’s average weekly earnings, whichever is less.

Only one period of leave will be available to employees irrespective of whether
more than one child is born as a result of the same pregnancy.

Any queries should be referred to the employee’s manager as soon as
possible.




Draft April 2007                                                                  3
                                                                          Appendix 5

           Doncaster MBC – Maternity Keeping in touch day for payment

Payroll Number        Surname




Forename                      Directorate




Notes:
    Employees are entitled to work a maximum of 10 days without losing
       benefits.
    Work may include training or any other activity undertaken to assist the
       employee in keeping in touch such as training courses, appraisals or
       team meetings.
    Working for part of a day counts as one day for the purpose of the 10
       day calculation.
    Completed forms should be retained by the employee and handed in for
       payment upon return to work following maternity.
    All hours will be paid at plain time.

           Date       Times        No of    Brief description of duties/courses
                                   hours
      1
      2
      3
      4
      5
      6
      7
      8
      9
     10
                      Total

    I certify that the details above are correct.

    Employees signature                                   Date

    Certified by                                    Print Name

    Office use only

      Total                        Hourly                   Total to
      hours                         rate                    be paid



Draft April 2007                                                                  1

				
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