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We recognise and value the diversity of our workforce. As part of our commitment to attracting, supporting, and retaining employees, we actively promote policies that support maternity, adoption, paternity and parental leave.
This policy outlines employees’ rights regarding:
It also sets out employees’ responsibilities in relation to maternity provisions and serves as a guide for managers.
Employees are encouraged to arrange to meet with the Human Resources team as soon as possible to gain advice and support on their rights and welfare during their pregnancy or time off.
The Council has a duty of care to protect the health and safety of employees during pregnancy, after childbirth, and while breastfeeding upon returning to work. It is the employee’s responsibility to inform their line manager and the Human Resources team if any of these circumstances apply, so that an appropriate risk assessment can be carried out and any necessary adjustments can be made.
This policy applies to all employees, regardless of working hours or length of service with the Council. Parental leave entitlements, including paternity and adoption leave, are inclusive of all family structures and gender identities. Any references within this policy should be interpreted as inclusive of individuals in same-sex relationships and other diverse family arrangements.
It also applies to employees adopting through a Foster to Adopt programme or having a child via surrogacy.
As a Tendring District Council employee you are entitled to the following:
To make sure you safeguard your rights, ensure that you:
All pregnant employees have the right to Statutory Maternity Leave (SML) and to resume work afterwards.
SML is the minimum level of entitlement of up to 52 weeks leave and is broken into:
By law, you must take at least 2 weeks off after your baby is born, and after this time, how many of the remaining 52 weeks you choose to take is up to you. You will be entitled to the same amount of maternity leave and pay even if you have more than one baby, e.g., twins.
If an employee is entitled to maternity leave, they should complete the Notification of Intention to take Maternity Leave form (see Appendix A) and submit a copy to the Human Resources team.
They must do this:
the pregnancy
the expected week of childbirth
the date the employee intends to start maternity leave.
Employees can start maternity leave at any time from the 11th week before the EWC. However, they can work up until their baby is born provided they are fit and healthy.
Regardless of how much maternity leave an employee is planning to take, it will help their Line Manager if they discuss with them at the earliest opportunity when they wish to start their leave and for how long. When the employee is on maternity leave their Line Manager may have to make arrangements for the role to be covered, and knowledge of their intentions will help them plan for this.
Employees can change their mind about when they want to start maternity leave. They must give at least 28 days advance notice in writing unless this is not reasonably practicable
Maternity leave will start on the date stated by the employee to their manager.
However, it can also start if the employee:
For health and safety reasons, employees must take a minimum of two weeks’ leave following childbirth.
Please see the Maternity checklist for employees (which can be found in Appendix B) for further details of all notifications and actions required. Following receipt of the Notification of Intention to take Maternity Leave form, the Human Resources team will write to confirm receipt of the notification form and the date which the employee is expected to return to work, after they have finished their full maternity leave entitlement. The Payroll & Payments team will also advise employees of their maternity pay entitlements.
In addition, the employee’s midwife or GP will provide a certificate called a MATB1 that confirms their due date. The employee must pass the original MATB1 (not a photocopy) to the Human Resources team as soon as possible, as this is required in order to activate Maternity Pay entitlement.
It should be noted that each case of maternity leave is different, and circumstances can change during pregnancy, so please keep managers and the Human Resources team informed of any changes.
Statutory Maternity Pay (SMP) is a standard rate determined by the Government on an annual basis, payable over 39 weeks.
To qualify for SMP, employees must:
Have started maternity leave.
Maternity pay can start any week after the beginning of the 11th week before the EWC on any day. It may start earlier:
For the first six weeks, SMP is at the higher rate. This is 90% of the employee’s average weekly earnings over a specified period.
For the remaining 33 weeks, SMP is at the standard rate, or less if the employee returns to work sooner. It is paid:
SMP is treated as earnings and is therefore, subject to Statutory deductions, including tax and National Insurance. SMP is also subject to Pension deductions. Employees who are not entitled to SMP may be entitled to Maternity Allowance, payable by the Government.
Employees who do not qualify for SMP may be able to claim Maternity Allowance (MA).
They must:
MA is an allowance paid for up to 39 weeks and claimed from the Jobcentre Plus office on form SMP1. The Payroll & Payments team will send this form to the employee after they have received the Notification of Intention to take Maternity Leave form (Appendix A). Employees should contact their local Jobcentre Plus office for further details.
The earliest an employee can receive MA is at the start of the 11th week before the expected date of birth. It will commence at the beginning of maternity leave.
Occupational Maternity Pay (OMP) is an additional payment, over and above SMP, paid by the Council to employees who:
Continuous service for OMP purposes means working without a break, with either Tendring District Council, another local authority or with certain other public bodies (as outlined in the Redundancy Payments (Continuity of Employment Local Government etc.) Modifications Order 1999).
If entitled to OMP, employees will, in addition to their SMP will also receive:
*The calculation of half pay plus SMP cannot exceed full pay.
The Payroll & Payments team must be advised how the employee would like to receive their OMP before starting maternity leave
** The half pay cannot be paid at the same time as the 6 week higher rate SMP, but the employee can decide if they want it paid over a 12 week period, a 33 week period or as a lump sum 3 months’ after they return to work. If they opt for the 33 week option, this will mean that they receive the same amount each week of their maternity leave from week 7.
Before an employee starts maternity leave, they should complete the Notification of Intent to take Maternity Leave (Appendix A) which outlines the employee’s intentions so that payment arrangements for OMP can be made.
Both SMP and OMP are subject to regular deductions, such as tax and National Insurance and Pension.
Employees have a choice of payment arrangement for OMP. Payments can be made:
Having returned to work an employee must work for a period of at least three calendar months. If they do not return to work for the stated period, they will be required to repay the OMP element of their maternity pay in full.
It should be noted that each case of maternity pay is different, and employees should contact the Human Resources and Payroll & Payments teams, so that they receive advice regarding pay and benefits based on their individual circumstances.
Employees are entitled to reasonable paid time off for antenatal care. They must tell their manager in advance of all appointments and give them as much notice as possible. Managers can ask to see appointment cards, except for the first appointment. Employees are asked to arrange appointments in such a way as to cause minimum disruption to normal working, e.g., at the beginning or end of a working day, lunchtime.
Expectant pregnant employees are entitled to necessary time off with full pay for other hospital and clinic appointments resulting from their pregnancy. This includes pregnancy-related relaxation classes, exercise and parent-craft classes made on the advice of a registered GP, midwife or health visitor.
Partners (including same-sex partners, civil partners, and intended parents in surrogacy arrangements) have the right to take paid time off to attend up to two antenatal appointments, with a maximum of 3.5 hours per appointment, including travel and waiting time. Any additional time needed should be taken as annual leave or flexi time.
This right applies from day one of employment for employees, and after 12 weeks in the same role for agency workers. Employees should contact their line manager to make a request for time off to accompany someone at an antenatal appointment
The Council has a duty of care to protect the health and safety of employees during pregnancy, after childbirth, and while breastfeeding upon returning to work.
It is the employee’s responsibility to inform their line manager and the Human Resources team if any of these circumstances apply, so that an appropriate risk assessment can be carried out and any necessary adjustments made.
An employee’s line Manager, or Health and Safety Representative within the Service, will complete a risk assessment to identify any risks to the employee and/or their baby from substances, processes or conditions at work as soon as they are made aware of the pregnancy.
An employee’s health and capability may change during pregnancy and risk assessments should be kept under review throughout. The risk assessment should be reviewed monthly as there could be significant changes in health and mobility during various stages of the pregnancy.
If an employee is already aware of any risks to either themselves or their baby, these should be discussed with their line manager as soon as possible. It should not wait until the risk assessment has been completed. Furthermore, if further risks arise during the pregnancy or additional help and/or adjustments are identified that would assist them, these should be brought to the line manager’s attention as soon as possible.
In some exceptional circumstances it may be necessary for the employee to be transferred to alternative work for the duration of their pregnancy. Any questions about risk assessments or health and safety need to be raised with the line manager, Health and Safety Representative, or the Corporate Health and Safety team.
Employees should confirm the date of birth with their line manager and the Human Resources team as soon as possible to ensure that maternity pay is calculated and paid correctly. This can be done by using the form in Appendix C.
If your baby needs to stay in neonatal care (that’s medical or palliative treatment in hospital) for at least 7 continuous days within the first 28 days of birth, you may be eligible for Neonatal Care Leave (NCL)—up to 12 weeks of extra time off to help care for your child.
To qualify, you’ll need to be an employee and be one of the baby’s parents, the intended parent (in surrogacy), or the partner of the mother—meaning someone in a lasting family relationship who lives with her but isn’t a relative. You’ll also need to have, or expect to have, responsibility for raising the child.
You can take one week of NCL for each full week your baby is receiving neonatal care. Leave can start from day 9 onwards, and you have up to 68 weeks after birth to take it. NCL is in addition to maternity, paternity, adoption, or shared parental leave. Some parents will take NCL after their usual family leave ends, while others (like dads or partners) might use it during neonatal care, especially if their paternity leave has already finished.
If you are facing this situation or think you might be eligible for neonatal care leave and pay, please do not hesitate to reach out to a member of the HR team. They are there to support you and can guide you through the process step by step, making sure everything is clear and manageable during what we know can be a very emotional time.
If your baby is born prematurely, this may occur before your maternity pay period was due to begin. In such cases, please inform your line manager of the actual date of birth as soon as reasonably practicable. This ensures your Statutory Maternity Pay (SMP)
can be re-calculated and paid correctly.
If the birth takes place before or during the qualifying week (the 15th week before the expected due date), your ‘average earnings’ for SMP purposes will need to be real culated based on the eight weeks immediately preceding the week of the actual birth.
Your maternity leave and pay will begin automatically from the day after the birth if your baby arrives before your planned start date. This may change your expected returnto-work date.
Please notify the Human Resources team in writing as soon as your baby is born. They will confirm your revised return date, if applicable. To help with this process, you should complete the Notification of Birth Form found in Appendix C of this policy.
If an employee’s baby is born prematurely and requires a stay in neonatal care, they may be entitled to Neonatal Care Leave and Pay, as outlined in the previous section. This is in addition to maternity leave.
If you give birth late, you are not entitled to extra ordinary or additional maternity leave. However, you may be able to use a different type of leave, e.g., annual leave or parental leave, to extend your time away from the workplace.
You should speak to your line manager at the earliest opportunity if you require extra leave. Your line manager will decide if this is possible depending on your circumstances and the operational implications.
If a child dies before birth after 24 weeks of pregnancy, this is a stillbirth. The employee will be entitled to the same rights to maternity leave and pay. Employees are also entitled to parental bereavement leave. For more details, read the Leave Arrangements for Employees Policy.
If the death of an unborn child occurs before the 24th week of pregnancy, this is a miscarriage. The employee is not eligible for maternity entitlements. They may be eligible for sick pay and a period of compassionate leave.
If an employee’s partner suffers a stillbirth or miscarriage, the same criteria and rights apply to statutory paternity pay and leave.
Employees should approach their line manager to discuss their individual needs together with advice from their doctor. The manager may refer the employee to Occupational Health. They can discuss counselling and provide advice about workplace adjustments and return to work arrangements.
The employee should also be reminded about the support available through the Employee Assistance Programme - EAP). Further details can be found on the Council’s Intranet.
It is recognised that fertility treatment can be time-consuming, expensive and traumatic. Although there is currently no legislation around time off for this treatment, the Council will endeavor to be supportive to all employees.
Paid time off will be granted for up to 2 cycles of fertility treatment, at a maximum of 10 days per year. Any additional time needed should be taken as annual leave or flexible working time. Every effort will be made for time to be granted where needed, but employees must provide as much notice as possible and evidence of appointments made.
In order to qualify for time off under this policy, the employee must have a minimum of 26 weeks continuous service. Time off for fertility treatment up to the permitted number of days will be paid at the employee's normal rate of basic pay.
Adopter – the person with whom an adoption agency has placed, or will place a child. They will be the ‘primary’ adopter who is eligible to statutory provisions.
Beginning of the week – refers to a Sunday.
Placement date – the date which the child is placed for adoption.
Qualifying week – the week during which the agency tells the adopter that they are matched with a child for adoption. This starts on a Sunday.
Adoption from overseas – the adoption of a child from abroad that does not involve placing the child up for adoption under UK law.
Surrogacy – when another woman carries and gives birth to a baby for the intended parents. An Adoption or Parental Order can transfer parental responsibility. At least one parent must be genetically related to the child to apply for a Parental Order.
Adoption leave and pay are available, subject to eligibility criteria, to:
Adoption leave is available to:
a local authority foster parent.
approved as a prospective adopter and a child is placed with them in a Foster to Adopt situation.
one member of a couple that are the legal parents of a child born through surrogacy.
Where a couple is adopting jointly, or have become legal parents via surrogacy, only one may take adoption leave and receive adoption pay. The other, subject to meeting specific eligibility criteria, may be entitled to take one or two weeks paid Paternity Leave.
Adoption leave and pay are not available where a child is not newly matched for adoption. For example, when a step-parent is adopting a partner’s child. You will also not be entitled if you arrange a private adoption, become a special guardian or kinship carer, or adopt a family member.
Employees must notify their line manager in writing within 7 days when:
With surrogacy, employees must tell their line manager at least 15 weeks before the child is due, that they intend to take adoption leave.
Employees will need to give their manager:
Employees can choose to start their leave from:
With surrogacy, adoption leave can start the day of the birth or the day after.If an employee changes their mind about the date on which they intend to start adoption leave, they should tell their line manager. They must give at least 28 days’ notice of the revised start date.
The line manager will formally respond in writing to an employee’s leave plans within 28 days. They will confirm the date on which the employee is expected to return to work.
If the date of the adoption placement or, with surrogacy, the expected week of childbirth changes, employees must:
Some employees may plan to start adoption leave at any time before the actual date of placement. They must be sure the placement will be going ahead on the date agreed before they start their leave. If the placement is delayed, for whatever reason, and adoption leave has already begun, they cannot stop and start it again at a later date.
Eligible employees adopting a child from overseas must tell their line manager of the date on which:
Employees must:
Managers can ask for evidence of the official notification and entry of a child into the UK.
All qualifying employees are entitled to:
This is a total of 52 weeks, regardless of the number of hours they work or their length of service.
To qualify for OAL leave, employees must:
It is up to the adoptive or legal parents to decide which of them takes the adoption leave. The other partner may, however, be entitled to a period of paid paternity leave.
During adoption leave, employees retain their right to contractual benefits. However, employees are not entitled to remuneration unless they meet the qualifying conditions for adoption payments. Employees returning to work after OAL can return to the same job they had before.
Employees who qualify for OAL are also entitled to Additional Adoption Leave (AAL). AAL starts immediately after OAL and continues for a further period of up to 26 weeks. This brings the total period of absence allowed to up to 52 weeks.
Only one period of leave will be available, even if:
Sometimes, the child’s adoption placement may end during the adoption leave period. In this case, employees may continue their adoption leave for up to 8 weeks after the end of the placement.
Sometimes, an expected adoption placement does not happen, but employees have already started the leave or pay period. In this case, adoption leave and pay will be available for 8 weeks after notification that the child will not be placed.
Statutory Adoption Pay (SAP) is payable for up to 39 weeks during adoption leave.
An employee is entitled to SAP if they:
SAP is payable for a maximum of 39 weeks. This period is called the 'adoption pay period'. It can begin from 14 days before the child is placed with the adoptive parent but no earlier. SAP is an amount set by the Government each year.
For the first 6 weeks, SAP is at the higher rate. This is 90% of the employees’ average weekly earnings over a specified period. To calculate average weekly earnings, shift allowances and overtime payments are included.
For the remaining 33 weeks, SAP is at the standard rate, or less if the employee returns to work sooner. It is paid:
SAP is treated as earnings and is, therefore, subject to PAYE and National Insurancedeductions. Employees who are not entitled to SAP may be entitled to receive an allowance, payable by the Government.
Occupational Adoption Pay (OAP) is an additional payment we make and is more generous than SAP.
An employee is entitled to OAP if:
If entitled to OAP, employees will receive:
*The combination of SAP and half pay is capped at the equivalent of a full week’s pay.
Adoption leave can start:
You should tell your manager within 28 days if the date of placement (or UK arrival date for overseas adoptions) changes.
Employees should notify their managers of the timing of adoption leave as early as possible. To be entitled to take adoption leave and receive statutory adoption pay, employees are required to give the Council written notification of his/her intention to take adoption leave no later than seven days after the date on which, notification of the match with the child was provided by the adoption agency. Notice, which must be in writing, must specify the date the child is expected to be placed for adoption and the date the employee intends their adoption leave to start.
Employees are permitted to bring forward their adoption leave start date, provided that they advise their manager in writing at least 28 days before the new start date or, if that is not possible, as soon as reasonably practicable. Employees may also postpone their adoption leave start date, provided that they advise their manager in writing at least 28 days before the original proposed start date or, if that is not possible, as soon as reasonably practicable. You must also give your manager at least 8 weeks notice if you want to change your return to work date.
Employees must also provide evidence of entitlement to adoption leave and pay by producing a "matching certificate" from the adoption agency. Within 28 days of receiving the employee's notice of intention to take adoption leave, the Council will write to the employee confirming the latest date on which the employee must return to work after adoption leave.
Employees who are matched with a child can take paid time off to attend up to five adoption appointments.
Where an employee is part of a couple jointly adopting a child:
Employees must take any time off before the date of the child’s placement for adoption.
Intended parents in a surrogacy arrangement who intend to apply for a Parental Order, are entitled to unpaid time off to accompany the surrogate mother to 2 antenatal appointments. Each appointment is capped at a maximum of 6.5 hours.
The purpose of the appointment is to enable employees (and their partner) to have contact with the child (for example, to bond with them before the placement) and for any other purpose connected with the adoption (for example, to meet with the professionals involved in the care of the child).
The appointment must have been arranged by or at the request of the adoption agency. The time off must be taken before the date of the child's placement for adoption. Employees must provide proof of the date and time of the appointment, and that the appointment has been arranged by or at the request of the adoption agency (for example, a letter or email from the adoption agency).
In addition, if adopting jointly, employees must submit a declaration, alongside the documentary evidence, confirming that they are electing to exercise their rights under either s.57ZJ or s.57ZL of the Employment Rights Act 1996 to take time off to attend an adoption appointment. Such declarations should be submitted on the first occasion on which the employee asks for time off to attend an adoption appointment
Whilst on maternity leave you are still employed by Tendring District Council. You will continue to retain entitlement to all of your contractual benefits, with the exception of normal pay, including:
Normal pay is replaced by whichever maternity pay provisions are applicable to you.
If you are a member of the Local Government Pension Scheme, the maternity or adoption leave period will count as reckonable service, and contributions will automatically continue to be deducted from the actual pay you receive whilst on maternity or adoption leave.
If you take any unpaid maternity leave, you need to decide whether or not you want to pay pension contributions for this “gap” in your Service. Employees can make contributions to cover periods of maternity or adoption leave when they are not in receipt of pay, but this must be confirmed in writing to Payroll & Payments within 30 days of your return to the workplace.
Employees on maternity and adoption leave continue to accrue annual leave entitlement in accordance with your existing terms and conditions. They also receive a compensatory day for each bank holiday during their leave for part-time employees, calculated on a pro-rata basis, this is the number of bank holidays they would have had if not on leave.
Before you start your maternity or adoption leave, it will be helpful if you discuss with your Line Manager when you are going to take your annual leave. Your options may
include:
If your period of maternity leave spans 2 leave years (in other words the period before and after 1st April when the new leave year starts), you will be entitled to carry over the
maximum allowance of 5 days annual leave. It is therefore essential that you take this into consideration when planning your length of maternity leave start and end dates. Any annual leave that is in excess of 5 days at the 31st March will be lost if not taken.
Managers will discuss arrangements to keep in touch with employees during their leave period. Contact should be minimal to respect an employee’s privacy during adoption and maternity leave, however, it can be helpful to maintain contact to ensure they continue to feel part of the team.
Keeping in touch (KIT) days are an opportunity for employees to agree with the Council to return to work for up to 10 days during their statutory maternity or adoption leave, without bringing the maternity or adoption leave to an end or losing SMP or statutory adoption pay. These days are optional, and employees are not obliged to attend work. KIT days do not have to be consecutive and may be used for any work-related activity such as training, meetings, conferences or other activities which would help the employee keep in touch with the workplace and any changes occurring in it.
Any KIT time taken will be reimbursed with TOIL (Time Off in Lieu), when the employee returns to work following maternity or adoption leave.
Paternity leave allows an employee to take paid leave to care for the child or support the mother.
The right to paternity leave is available to:
Where an employee has been continuously employed for 26 or more weeks by the end of the 15th week before the child’s expected week of birth (or in an adoption situation by the end of the week in which the child’s adopter is notified of a match), they have the right to take either one week’s or two consecutive weeks’ ordinary paternity leave.
The first week’s paternity leave will be paid at the employee’s contractual full pay, and the second will be paid at the current rate of Statutory Paternity Pay (SPP), or 90% of the employee’s average weekly earnings, whichever is the lowest. The current rate of SPP may be lower than your weekly earnings, and you should seek advice from Payroll when choosing this leave. Employees who have average weekly earnings of less than the current Lower Earnings Limit (LEL) will not qualify for SPP but will still be entitled to full pay for the first week taken.
Paternity leave can only be taken once the baby is born in blocks of a week and not in odd days. The leave must be completed within 52 weeks of the birth (or due date, if the baby is early).
Only one period of SPP will be available irrespective of whether more than one child is born as the result of the same pregnancy.
To take paternity leave, you are required to inform your Line Manager, in writing, of your intention to take paternity leave by the beginning of the 15th week before the EWC, unless this is not reasonably practicable. You will need to tell your Line Manager when the baby is due, whether you wish to take one or two weeks paternity leave, and when you wish to start that leave. You should complete the ‘Notification of intention to take Paternity Leave’ form found at Appendix E. You may also be required to provide a form of evidence to show that you meet the criteria as detailed above
You will be able to change your mind about the start date of your paternity leave providing you notify your Line Manager at least 28 days in advance, unless this is not reasonably practicable.
If you work part time, you are entitled to paternity leave pro-rata to your normal hours of work.
You are still entitled to paternity leave and pay if your baby is stillborn from 24 weeks of pregnancy, or born alive at any point of the pregnancy but does not survive. You can take any leave you booked before losing the baby. If after losing the baby you have paternity leave left to book, you can still book and take this. You must book this leave within 8 weeks of the death of your baby.
Shared Parental Leave (SPL) is a legal entitlement for eligible parents of babies due, or children placed for adoption, which provides flexibility when making arrangements to care for their child during the child’s first year.
A mother is entitled to take up to 52 weeks maternity/adoption leave. Should they reduce their maternity/adoption leave entitlement then they and/or their partner may opt-in to the SPL system and take the remaining weeks. Therefore, a partner can begin to take SPL while the mother is still on maternity/adoption leave.
Unlike maternity/adoption leave, eligible employees can stop and start their SPL and return to work between periods of leave with each eligible parent able to submit 3 notices booking periods of leave.
Parents are still entitled to take maternity, adoption or paternity leave in the usual way. However, a birth mother must still take at least 2 weeks maternity leave following the birth of a child (4 weeks if employed in manual work). An adopter can end their adoption leave once this has been taken for 2 weeks.
Full details regarding eligibility criteria and rights to SPL can be found in the Shared Parental Leave Policy on the Council’s intranet, or contact a member of the Human Resources team for further advice.
You are entitled to return from Maternity, Neonatal and Adoption Leave to the same job on the same terms and conditions of employment as if you had not been absent, unless a redundancy situation has arisen.
If you are at risk of redundancy while on Maternity, Neonatal or Adoption leave, you have special legal protection, including the right to be offered any suitable alternative role over others, and this protection extends up to 18 months after your baby is born or the date the adoption placement starts or the date the child enters England, Scotland or Wales, if it's an overseas adoption
Returning to Work After Maternity or Adoption Leave
Notification
The HR team will write to confirm your expected return-to-work date. If your plans change and you're unable to return on that date, please let your line manager know as soon as possible. Once you're back, your manager will notify HR to update your records.
If you plan to return at the end of your full maternity or adoption leave, you do not need to give further notice, although confirming your intention is helpful for planning your return and managing workloads.
You may use annual leave straight after your maternity or adoption leave ends (with agreement from your manager), which can help you ease back into work gradually.If an employee wants to return to work earlier than the end of their maternity leave, they must give their employer at least 8 weeks’ notice of the new return date. This applies whether they are shortening their leave or extending it beyond what was originally planned.
If the employee plans to return at the end of the full 52-week maternity leave period, no additional notice is required, as the employer will have already confirmed the expected return date in writing.
If the required notice isn’t given, the employer is entitled to postpone the return until the full notice period has been met, though not beyond the end of the maternity leave entitlement.
For Adoption leave, it will be assumed that you will return to work after 52 weeks, unless you have advised different. If you would like to return to work before your given date, you must provide at least 8 weeks’ notice.
Please complete the ‘Early Return to Work’ form found in Appendix D of the policy. If the required notice isn’t provided, your return date may be postponed until the full notice period has passed.
If you are unsure what steps to take or just want to talk through your options, please donot hesitate to contact a member of the HR team. They are there to support you every step of the way.
Sickness at the End of Maternity Leave
If you are unable to return to work due to health reasons, your absence will be managed under the Council’s sickness absence procedures, and you must notify your Line Manager immediately and provide a Statement of Fitness for Work from day one of your absence.
If you are absent due to ill health at the end of your period of maternity leave, this period of absence will count towards the requirement to return to work for 3 months, where you have been in receipt of Occupational Maternity Pay.
In this case, it will be considered that you’ve returned from leave, and normal absence reporting rules will apply. A late return without prior agreement may be treated as an unauthorised absence.
We understand that returning after maternity or adoption leave can be a big transition. If you are considering flexible working arrangements—like a change in hours, working pattern, or work location—we encourage you to submit a written request as early as you can. All requests will be reviewed under the Council’s Flexible Working Policy and in line with operational needs.
If you are unsure what steps to take or would simply like to explore your options, the HR team is always available to help. They can guide you through the process and make sure you feel supported throughout.
If you reduce your hours, your annual leave and bank holiday entitlement will be adjusted pro-rata, in line with the number of hours you are going to work upon your return, by your Line Manager. The adjustment will be effective from your agreed date of return.
We will work with you to allow time during the working day to accommodate breastfeeding or expression of milk, and reasonable adaptations to your working pattern will be accommodated. Each case will be looked at individually and advice will be sought from Corporate Health and Safety who will work in consultation with your line manager and Human Resources.
However well organised your childcare arrangements are, you may encounter problems at some point after your return to work. Often these problems will be short term and typically due to either your child or childcare provider being ill. You should speak to your Line Manager and/or Human Resources about any such problems as there may be leave options available to you.
If you encounter problems of a work-related nature upon your return to work you should, in the first instance, speak to your Line Manager. If after discussion you feel your concerns have not been addressed and resolved you can use the Council’s Grievance Procedure, a copy of which is available via the Council's intranet. You may also wish to speak to your Trade Union Representative if you are a member.
If you resign before the start of the 15th week prior to your expected week of childbirth, you would not qualify for Statutory Maternity Pay (SMP), although you may be eligible for Maternity Allowance instead. However, if you leave on or after the beginning of that 15th week and meet the qualifying criteria, you will still be entitled to SMP.
An employee on maternity or adoption leave may decide that they do not want to come back to work. If so, they should write to their manager to formally resign as per the terms of their contract
If your notice period expires after their leave has ended, the employee will need to:
• Return to work for the remainder of their notice period or;
• Use annual leave if available.
Your manager will notify Human Resources who will write confirming your effective resignation date, notifying you of any outstanding monies due to you or alternatively any monies you owe to the Council and/or equipment you need to return. Please contact Payroll & Payments or Human Resources for further guidance