Maternity, Adoption and Paternity arrangements
Maternity, Adoption and Paternity Leave and Pay
Please note that these guidelines supercede information contained within the staff terms and conditions relating to maternity, adoption and paternity leave - dated 11 December 2003.
Loughborough University Maternity Leave and Pay Guidelines
► CONTENTS
► Section A: Do I qualify for full maternity leave and pay?
► Section B: If you satisfy the conditions above in Section A you will be entitled to...
► Section C: If you do not satisfy the conditions above in Section A you will be entitled to...
► Section D: Commencement of Maternity Leave
► Section E: Return to work:
► Section F: Other contractual information whilst off on maternity/adoption leave
► Section G: Meaning of terms or abbreviations
► Section H: Paternity Leave
► Section I: Adoption Leave
► Section J: Maternity Support Leave
► Section K: What about rights to ask for flexible work?
► Section L: Useful websites
► Section M: Useful websites
You qualify for full maternity leave and pay if you meet the following criteria:
You have been employed by the University for 26 weeks by the 15th week before your baby is due.
You must notify the University of your pregnancy and the date you intend to start your maternity leave in the 15th week before the date your baby is due (this is the 25th week of pregnancy). However, please note that the earlier the University is notified, the sooner a risk assessment will be carried out on your current position to minimise any potential risks to yourself or your unborn baby, see Section F.
The University must reply within 4 weeks of notification confirming your entitlement. It is usual to book an appointment to see the appropriate HR Officer to discuss your entitlements - please see contact numbers above for the relevant HR staff member.
If you wish to change the date you intend to start your maternity leave you must give the University at least 28 days notice.
You must give at least 8 weeks notice of your intention to return to work anytime during your maternity leave.
You must produce a certificate (MATB1) from your Doctor or Midwife stating your expected date of childbirth (normally issued between 20-26 weeks of pregnancy).
52 weeks' Statutory Maternity Leave.
Maternity pay - the first 18 weeks will be at full pay with the following 21 weeks at the Statutory Maternity Pay rate of £124.88 per week ( wef April 2010 (90% of average weekly earnings if this is less). The full pay allowance is technically Statutory Maternity Pay topped up with your normal salary. This top-up is called ‘occupational pay’. Please note that eligibility for Statutory Maternity Pay is subject to qualification (please see Section C for qualification entitlements). A note of how SMP is made up can be found in Section G.
Please note that in order to receive occupational pay you will have to return to work following maternity leave for 3 months.
Fixed term contracts: If your fixed term contract ends during maternity leave and you satisfy the conditions in Section A, you will be entitled to receive full maternity pay up to the date that the contract ends, from this date onwards you will continue to receive SMP.
52 weeks’ Maternity Leave.
Qualification for Statutory Maternity Pay or Maternity Allowance
Statutory Maternity Pay (SMP) may be paid for 39 weeks. SMP will be paid at 90% of your average earnings for 6 weeks and £124.88 per week, wef 4 April 2010 (or 90% of average weekly earnings if this is less) for 33 weeks. To qualify for SMP you will need to have worked for your employer for 26 weeks by the 15th week before your baby is due and earn over the National Insurance Lower Earnings Limit (£95 wef April 2010, during the qualifying period, see note below).
Maternity Allowance - If you do not qualify for SMP, for example, because your earnings are too low, you may be entitled to claim Maternity Allowance from the Benefits Agency. Maternity Allowance may be paid at the flat rate of £124.88 per week, wef 4 April 2010 (or 90% of average weekly earnings if this is less) for 39 weeks. You can find out more information and download a maternity allowance claim form by clicking on the web following link: http://www.jobcentreplus.gov.uk/cms.asp?Page=/Home/Customers/WorkingAgeBenefits/498#what
Note: You do not have to repay SMP or Maternity Allowance if you decide not to return to work.
Maternity leave can commence at any time from the 11th week before the baby is due.
If you are absent from work after the 4th week before the baby is due for a pregnancy related reason, maternity leave will automatically start on the first day of absence.
You must write to your Head of Department/Section (with a copy to Human Resources) giving at least 8 weeks notice of your intention to return to work.
If you have received Occupational Pay, you must return to work at the University for a minimum of 3 months. Failure to do this, will result in the University recouping this from you.
You can return to the same job following maternity leave, or be offered a suitable job with no less favourable terms and conditions if that is not reasonably practicable provided that you comply with the conditions of the maternity leave agreement.
Antenatal Care
Pregnant employees will be granted time-off for antenatal care, this is the appointments with either your Doctor/Midwife. It is advised that appointments are made at either the beginning or end of your working day, where possible, to avoid unnecessary disruption.
Risk Assessment
A risk assessment questionnaire will be completed by the appropriate HR Officer when an appointment is made, this is to assess the potential risks within your working area. A copy of the completed form is sent to your HoD and Catherine Moore in the Health and Safety Office. Mrs Moore will contact you upon receipt of this form to clarify any issues made on the form (if necessary). If at any time, you are concerned about any potential hazards please highlight these to either of the above personnel. Note: It is advised that you contact Human Resources as soon as you know you are pregnant to arrange a convenient appointment time.
Keeping in touch days
The introduction of 10 paid ‘Keeping in Touch’ days gives employees the chance to go into work, to undertake training and keep in touch without bringing the period of maternity leave to an end. There is no obligation on either the employer or employee to make use of these days.
Managers are also able to make 'reasonable' contact with you during your maternity leave period. Should you wish to take advantage of this or wish to discuss this in more detail, please contact your HR Officer or Head of Department. A copy of the KIT days policy and form can be found on the A-Z list.
Annual leave
Annual leave is accrued during the period of the whole maternity leave period, however your holiday entitlement may not be carried forward from one leave year to the next. Therefore employees will be advised to either take their outstanding leave prior to the commencement of maternity leave or immediately following it. Employees wishing to take AML will be advised that leave should be added onto the end of the AML, the whole period of absence should not exceed 52 weeks in total wherever possible.
Superannuation
If you are a member of the Universities Superannuation Scheme or Local Government Scheme, contributions are required to the amount of occupational and statutory pay actually paid during the period of maternity leave. To ensure continuity of reckonable service you may wish to continue to pay contributions for the AML period and it is advised that you contact Mr Geoff Clay, Pension and Payroll Manager on ext. 2021, who will advise and make the necessary arrangements.
Parental Leave
Parents with more than one years service are entitled to a total of 13 weeks unpaid leave in order to look after a child under five years of age. Leave may be taken in daily or weekly blocks. A minimum of 21 days notice must be given before leave commences and the permission of the Head of Department must be obtained if more than four weeks leave, or the equivalent number of days, is to be taken in any period of twelve months. It may be possible for the leave to be taken as reduced hours of work, subject to the approval of the Head of Department. In exceptional cases the University had the right to postpone leave for a maximum of 6 months.
Subject to the rules of the Superannuation Scheme the University will maintain both employees and employers contributions during periods of leave.
The provision of this section shall also apply to parents of disabled children until their eighteenth birthday and to adoptive parents for five years from the date of adoption.
The University reserves the right to require evidence of the child's birth or adoption.
Occupational Pay – this is the additional pay (the difference between SMP or MA and your full pay) you will receive from the University, if you choose to receive enhanced occupational pay you would be required to return to work for the University for at least 3 months. If this period is not completed then the occupational element of maternity pay would have to be repaid to the University.
Statutory Maternity Pay (SMP) – SMP may be paid at 90% of your average earnings for 6 weeks and £124.88 per week ( wef 4 April 2010) (or 90% of your average weekly earnings if this is less) for 33 weeks. To qualify for SMP you will need to have worked for your employer for 26 weeks by the 15th week before your baby is due and earn over the National Insurance Lower Earnings Limit (£95 per week with effect from April 2010, during the qualifying period, see below).
Maternity Allowance (MA) - if you do not qualify for SMP, for example, because your earnings are too low, you may be able to claim Maternity Allowance from the Benefits Agency. Maternity Allowance may be paid at the flat rate of £124.88 per week for 39 weeks, with effect from 4 April 2010 (or 90% of average weekly earnings if this is less).
Qualifying Period – the eight weeks (if you are paid weekly) or two months (if you are paid monthly) before the end of your qualifying week (15th week before the baby is due).
Two weeks paternity leave for partners at full pay for the first week (inclusive of SPP) and Statutory Paternity Pay for the second week. Statutory Paternity Pay (SPP) will be paid at a flat rate of £124.88 per week with effect from 4 April 2010 (or 90% of average weekly earnings if this is less) for two weeks. To qualify for SPP, you will need to have worked for your employer for 26 weeks by the 15th week before the baby is due and earn more than the Lower Earnings Limit (£95 per week with effect from April 2010). You must also give the University notice of the date you want to start paternity leave in the 15th week before the baby is due.
Paternity leave can be taken from the date of birth or up to eight weeks from the birth. If the baby is born early you can choose to take your leave anytime between the actual date of birth and the end of the 8 week period running from the Sunday of the week the baby was originally due. You cannot take odd days off work, but the weeks can start on any day, for example from Tuesday to Monday.
Note: there is already a right for both parents to take up to 13 weeks’ unpaid parental leave per parent per child. You must have worked for your employer for one year by the date you wish to take it. Parents can take parental leave after maternity or paternity leave providing they give 21 days’ notice.
Should you satisfy the conditions in Section A you will be entitled to the provisions in Section B. However, when a couple adopts, they can choose who takes adoption leave and who takes paternity leave. You must notify the University of the date you plan to start your leave when matched with a child. Adoption leave will be available to parents adopting a child up to 18 years of age when the child is placed for adoption.
Maternity Support Leave of 5 days with pay shall be granted to the child's father or the partner or nominated carer of an expectant mother at or around the time of the birth. A nominated carer is the person nominated by the mother to assist in the care of the child and to provide support to the mother at or around the time of the birth (introduced July 1995). This provision is instead of paternity leave, both cannot be taken.
Parents of children aged under 14, or disabled children under 18, will have the right to apply to work flexibly. Line Managers will have a duty to consider requests seriously and will be able to refuse only where there is a clear business reason. The new right will apply to employees who have worked for their employer for 26 weeks before making the request.
Note: This right will be in addition to the existing rights to ask for child-friendly working hours, such as part-time work, under sex discrimination law.
| ► Name | ► Areas of Responsibility | ► Contact Details |
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| Elaine Beaken HR Officer |
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| Angela Iannucci HR Officer |
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| Sarah Lafferty HR Officer |
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Sarah Mould |
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| Sue Francis HR Officer |
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| Geoff Clay Pensions/Payroll Manager |
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| Catherine Moore University Health Safety and Environment Manager |
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Author: HR (EB): April 2010