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This guidance document has been written to inform employees of their entitlements, obligations and responsibilities regarding maternity provisions and provides an information source for Managers. The guidance within this Policy applies to all employees, regardless of the number of hours worked per week or length of service with the Council. Paternity leave and adoption leave rights apply to partnerships of the same sex, and any references within this Policy should be taken as including women in same sex partnerships.
As a Tendring District Council employee you are entitled to the following:
• Maternity Leave
• Maternity Pay (depending on length of service and earnings)
• Adoption Leave
• Adoption Pay (depending on length of service and earnings)
• Time off for antenatal care/fertility treatment
• Protection against unfair dismissal on maternity related grounds
• The right to request to work flexible hours on your return to work
• Shared Parental Leave
To make sure you safeguard your rights, ensure that you:
• Read all of the maternity documents applicable to you and make yourself aware of the requirements placed on you throughout your pregnancy and after the birth of your baby
• Inform your Line Manager of your pregnancy by the required notification
• deadline and discuss your plans with them
• Keep in contact with your Line Manager during your maternity leave, letting him
• or her know when your baby is born
• Notify your Manager of any potential Adoption arrangements
• Follow the guidelines when submitting an application for Shared Parental Leave
It is best to notify your Line Manager of your pregnancy as soon as possible. However, there is a requirement for you to notify your Line Manager of your pregnancy and intention to take maternity leave, by the 15th week before your expected week of childbirth (EWC) unless this is not reasonably practicable. You should complete the form Notification of Intention to take Maternity Leave, found at Appendix A, and submit a copy to Human Resources.
Within 28 days, you will receive confirmation in writing of the date which you are expected to return to work, after you have finished your full maternity leave entitlement. Human Resources will contact you to arrange a meeting to discuss your maternity rights and welfare during your pregnancy. Payroll & Payments will advise you of your maternity pay entitlements.
In addition, your midwife or GP will provide you with a certificate called a MATB1 that confirms your due date. You must pass your original MATB1 (not a photocopy) to Human Resources as soon as you receive it, as this is required in order to activate your Maternity Pay entitlement.
Human Resources will write to you confirming receipt of the notification and your required return to work date, if you choose to take your full maternity leave entitlement.
You can change your mind about when to start your maternity leave provided you give at least 28 days notice of the new date. A revised written confirmation will then be sent to you.
It should be noted that each case of maternity leave is different and circumstances can change during pregnancy, so please keep your manager and Human Resources informed of any changes.
Please tell us you are pregnant as soon as you feel able, because until you tell us we cannot take steps to protect your health and safety.
Tendring District Council has a duty of care to protect your health and safety during your pregnancy and after you give birth, if you are breastfeeding and back at work.
Your Line Manager or Health and Safety Representative within your Service, should complete a risk assessment to identify any risks to you and/or your baby from substances, processes or conditions at work as soon as they are made aware of your pregnancy. Your health and capability may change during pregnancy and risk assessments should be kept under review throughout your pregnancy.
If you are already aware of any risks to either you or your baby discuss these with your Line Manager as soon as possible. Do not wait until your risk assessment has been completed. Also if further risks arise during your pregnancy, bring these to your Manager’s attention as soon as possible.
In some exceptional circumstances it may be necessary for you to be transferred to alternative work for the duration of your pregnancy. If you have any questions about your risk assessment or health and safety speak to your Line Manager or Health and Safety Representative.
You are entitled to reasonable paid time off during working hours to attend antenatal appointments. These must be appointments for antenatal care made on the advice of a registered medical practitioner, registered midwife or registered health visitor. This includes medical appointments as well as relaxation and parentcraft classes. Except in the case of your first appointment, you should provide your Line Manager with as much notice as possible of any appointments and be prepared to show him/her your appointment card or other document to show an appointment has been made. You 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.
From 1 October 2014, all employees (from day one of their employment) and agency workers (after 12 weeks in the same role) have the right to take time off to accompany a pregnant woman with whom they are having a child, at up to two antenatal appointments. Paid time off will be given up to a maximum of 3.5 hours each appointment. Time off up to the permitted number of days will be paid at the employee's normal rate of basic pay. Any additional time needed should be taken as annual leave or flexi time.
To be eligible to take this form of time off, you could be the husband or civil partner of the pregnant woman, or you could be living with the pregnant woman in an enduring family relationship. In addition, you will be eligible for the time off if you are the biological father of the expected child. You will also be eligible for the time off if you are the intended parent of a child in a surrogacy arrangement, for example if you expect to apply for a parental order in respect of that child. Normally no more than half a day is needed for an antenatal appointment, but your leave includes the time you need to travel to the appointment and any waiting time.
If you would like to make a request for time off to accompany someone at an antenatal appointment, you should in the first instance contact your line manager.
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 endeavour to be supportive equally to both male and female 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.
Maternity leave is not sickness absence. It is not taken into account when calculating sickness pay entitlements.
If you are unable or medically unfit to work during the last 4 weeks before your EWC, you must let your Line Manager know the reason and cause of your absence.
If the reason for the absence is partially or wholly related to pregnancy or childbirth your first day of absence will trigger the start of your maternity leave. Your sick pay will automatically cease to be paid as soon as you start to receive maternity pay. Where it is not clear whether your absence is pregnancy related, Occupational Health will be consulted.
If your sickness absence is not pregnancy related you will continue to receive sick pay, and you can return to work as long as your GP is happy to certify that you are fit to do so.
If your Line Manager is concerned about your health and fitness for work at any stage, they will discuss this with you as part of their on-going risk assessment. This may involve a referral to Occupational Health for advice.
All employees are entitled to a total of 39 weeks ordinary maternity leave.
There is no qualifying period of service for additional maternity leave (AML). Additional Maternity Leave is a further 13 weeks (unpaid) additional maternity leave that starts immediately after ordinary maternity leave.
This gives you a total maternity entitlement of up to 52 weeks.
The earliest you can start your maternity leave is the beginning of the eleventh week before your EWC. However you can work up until your baby is born provided you are fit and healthy.
Regardless of how much maternity leave you are planning to take, it will help your Line Manager if you discuss with him/her at the earliest opportunity when you wish to start your leave and for how long. When you are away your Line Manager may have to make arrangements for your role to be covered, and knowledge of your intentions will help them.
If your baby is born before the expected due date, your maternity leave will start from the actual date of birth. This may affect the date that you are required to return to work. Let Human Resources know in writing as soon as your baby is born and they will send you a revised return to work date if appropriate. To assist you, you should complete the Notification of Birth form found at Appendix B at the end of this policy.
If your baby is born prematurely and before you had intended your maternity leave to start, it will start automatically from the day after childbirth.
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.
For health and safety reasons you cannot return to work within 2 weeks of the actual day you give birth. This is the only compulsory leave you must have.
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.
To qualify for Maternity Pay (MP) you must:
If you meet both requirements, you qualify for Maternity Pay, which will be a combination of Statutory Maternity Pay (SMP) and Occupational Maternity Pay (OMP).
Statutory Maternity Pay (SMP) will be paid for 39 weeks at the following rates:
Occupational Maternity Pay (OMP) is due for 12 weeks at half pay and is only payable to employees who meet the above continuous service criteria. This can be paid over a mutually agreed period between the 7th and 39th week of Ordinary Maternity Leave.
If you are eligible for payment of the 12 weeks half pay it is conditional on you returning to work for Tendring District Council for 3 calendar months following your maternity leave. Should you not return to work for the full 3 calendar months you will be required to repay this element of your maternity pay in full.
You are entitled to 12 weeks half pay* providing the above conditions are met. *The calculation of half pay plus SMP cannot exceed full pay.
It should be noted that each case of maternity is different and please notify your line manager and Human Resources, so that you receive advice regarding pay and benefits based on your individual circumstances.
* If you haven’t yet decided whether you will be returning after maternity leave, you can elect to receive your 12 weeks half pay as one lump sum once you have completed your 3 months back at work. However if you prefer, this money can be paid to you monthly whilst you are on maternity leave. You can decide whether to receive the money as half pay over a 12 week period (between weeks 7 and 18 of your OML or, the same overall amount, but distributed in smaller sums (3/10 pay) between weeks 7 and weeks 39 of your maternity leave. You must let Payroll & Payments know how you would like to receive this money before you start your maternity leave.
If you do not qualify for Maternity Pay (MP) during Ordinary Maternity Leave you may be entitled to Maternity Allowance (MA). This is paid at the current rate of Statutory Maternity Pay (SMP), or 90% of your average weekly wage, whichever is the lowest. If you do not qualify for MP, Payroll & Payments will send you a form *SMP1 notifying you of this.
*You will need to follow the instructions on the form and send the SMP1, MA1 and your MATB1 to the Department for Work and Pensions.
The Clacton office is based at 55 Station Road, Clacton on Sea, Essex (telephone 0345 604 3719).
An employee who adopts a child through an approved adoption agency, is entitled to up to 52 weeks’ adoption leave from day one of their employment with the Council. Employees are entitled to take up to 26 weeks’ ordinary adoption leave, followed immediately by up to 26 weeks’ additional adoption leave.
Tendring District Council’s arrangements for adoption pay mirror the maternity pay entitlements, i.e. eligible adopters are able to take up to 52 week’s adoption leave with 39 week's Statutory Adoption Pay. Shared Parental Leave also applies when adopting a child (see paragraph 4.9).
Adoption leave can start on the day the child is placed for adoption, or up to 14 days earlier. 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.
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 adopting a child are entitled to take time off to attend adoption appointments.
An employee adopting a child alone is entitled to take paid time off to attend up to five adoption appointments. Where an employee is part of a couple jointly adopting a child, the couple can elect for one of them to take paid time off to attend up to five adoption appointments. The other can elect to take unpaid time off to attend up to two adoption appointments.
The purpose of the appointment is to enable employees (and their partner) to have contact with the child (for example, to bond with him/her 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 right 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.
Parents who will become legal parents of a child under a surrogacy arrangement are entitled to take statutory adoption leave.
Local authority foster parents who are also prospective adopters (“foster to adopt”) are entitled to take ordinary adoption leave in relation to children matched for adoption.
Statutory adoption pay is treated as earnings and is therefore subject to PAYE and national insurance deductions.
If you are a member of the Local Government Pension Scheme, the maternity leave period will count as reckonable service, and contributions will automatically continue to be deducted from the actual pay you receive whilst on maternity 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. Once you return to work Payroll & Payments will contact you.
If you leave of your own accord up to the beginning of the 15th week before your EWC you cannot claim SMP. However you may be entitled to Maternity Allowance.
If you leave after the 15th week before your EWC you will still be entitled to receive SMP (subject to you satisfying the qualifying criteria for SMP).
Whilst you are on Ordinary Maternity Leave and Additional Maternity Leave you will continue to accrue annual leave in accordance with your existing terms and conditions of employment.
Before you start your maternity 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:
It is worth bearing in mind there will be greater calls on your annual leave once you have had your baby. You may need to take time off for clinic appointments, illness etc. so it is worth keeping some annual leave available to do this.
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.
Keeping in touch (KIT) days are an opportunity for employees to agree with Tendring District Council to return to work for up to 10 days during their statutory maternity leave, without bringing the maternity leave to an end or losing SMP. 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 her 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 leave.
In this unfortunate situation you will need to let Human Resources know who can offer counselling and support during this difficult time.
If the miscarriage or stillbirth occurs after 24 weeks of pregnancy, as long as you meet the original qualifying conditions, you will still be entitled to the maternity provisions, appropriate, in other words maternity pay and maternity leave.
If the miscarriage or stillbirth occurs before the 24th week of pregnancy, sympathetic consideration will be given to the circumstances and special or sick leave granted where necessary.
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. 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 56 days of the date of birth of the baby.
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 D. 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.
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 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. In a redundancy situation you are entitled to be treated and consulted in exactly the same way as your colleagues as if you were at work.
It will be assumed that you are returning on the date that you were given in the letter that you received with your estimate of MP.
If you want to return to work before that date you must give 7 days notice of the actual date you intend to return early from Ordinary Maternity Leave, or 8 weeks notice if you are returning early from Additional Maternity Leave. You should submit the ‘Early Return to Work’ form found at Appendix C at the end of this policy.
If you do not give the required notice, your return to work may be postponed until the required notice has been given.
If you are unable to return to work on the notified date as a result of sickness, you must notify your Line Manager immediately and provide a Statement of Fitness for Work from day one of your absence.
Sickness absence after maternity leave counts towards the requirement to return to work for 3 months where Occupational Maternity Pay has been paid.
If you would like to return to work on a part-time, job share basis or another flexible work plan it is best to submit your formal request as early as possible, once you start to consider your return to work.
Human Resources can advise and give you details of the different options and the process for requesting a change.
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 decide not to return to work, you must write to your Line Manager giving notice of your intended leaving date. Your manager will notify Human Resources 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.
A number of phrases and abbreviations are used throughout this guide relating to maternity and paternity provisions. This glossary provides a brief explanation of each one for ease of reference.
EWC
Expected Week of Childbirth. This is the relevant week for calculating entitlement to maternity provisions where there are qualifying criteria. It is the week, beginning on a Sunday, in which the baby is due.
MATB1 FORM
This is the certificate provided by the doctor or midwife which provides confirmation of a pregnancy and the EWC.
ML
Maternity Leave.
OML
Ordinary Maternity Leave. This is leave that all pregnant employees will receive. It lasts for 39 weeks.
AML
Additional Maternity Leave. It runs from the end of OML for up to 13 weeks.
SMP
Statutory Maternity Pay. This is the allowance, specified by Government, which is payable subject to the mother meeting certain ‘qualifying conditions’. The amount is usually increased every April*.
OMP
Occupational Maternity Pay. This is the enhanced maternity pay package available to Local Government Service Employees in TDC in accordance with their terms of conditions of service.
MA
Maternity Allowance. This is a maternity benefit which mothers may be eligible to receive if they do not qualify for SMP.
SPP
Statutory Paternity Pay. This is an allowance, specified by Government, which is payable subject to the father/carer or new child meeting specified ‘qualifying conditions’. The amount is usually increased every April*.
SPL
Statutory Parental Leave, where maternity leave/pay can be transferred to the father.
QW
Qualifying Week. 15 weeks before EWC.
N.I.
National Insurance.
LEL (LOWER EARNINGS LIMIT)
This is the amount of money you have to be earning to pay National Insurance contributions and qualify for N.I. related benefits e.g. SMP. The amount is usually increased in April*.
CONTINUOUS SERVICE
This is employment that is counted towards your entitlement to maternity and paternity benefits. Tendring District Council and usually other local government service employment is relevant.
AVERAGE WEEKLY EARNINGS
This is the figure used to calculate maternity and paternity pay. Where earnings are variable, actual earnings (including overtime and bonus payments) over a period of eight weeks prior to the QW are taken into account.
* Current rates for all statutory allowances e.g. SMP, SPP, SPL and the LEL can be obtained from Payroll & Payments.
ACAS helpline number: 08457 47 47 47
Website: www.acas.org.uk
Commission for Racial Equality:
Tele: 020 7939 0000
Department for Work and Pensions
Advice for employees claiming social security and current rate of SMP
Website: www.dwp.gov.uk
Maternity Action
Information and Advice on all aspects of maternity, parental rights and benefits)
Tele: 020 7253 2288
Website: www.maternityaction.org.uk
Tax Credits Helpline
Tele: 0845 300 3900
Directgov
Website: www.direct.gov.uk
Human Resources and Business, Corporate Services
Tel: Ext 6333
Payroll & Payments, Corporate Services
Tel: Ext 6549/6556/6554
Health and Safety, Public Experience
Tel: Ext 6758
UNISON
Council’s Intranet site for Tendring Branch
Please see PDF attached for appendices.