Our Maternity Policy outlines the statutory rights and responsibilities of female employees who are pregnant or have recently given birth, and it sets out the arrangements for maternity leave, maternity pay, for pregnancy related sickness and health and safety.
Arrangements for time off for antenatal care and to accompany a pregnant woman to antenatal appointments are set out in the section below on Antenatal/Adoption Appointments.
In some cases you and your spouse or partner may be eligible to opt in to our Shared Parental Leave (SPL) scheme, which gives you more flexibility to share the leave and pay available. You will need to give us at least eight weeks’ notice to opt in to our SPL scheme and you must remain on maternity leave until at least two weeks after birth. For information about SPL, see our Shared Parental Leave Policy.
Entitlement to Maternity Leave
All female employees are entitled to 52 weeks’ maternity leave (Maternity Leave), consisting of 26 weeks’ ordinary maternity leave (OML) followed by 26 weeks’ additional maternity leave (AML), provided that the following notification requirements are followed:
- You must notify your Line Manager (cc HR) of your pregnancy no later than the end of the 15th week before your baby is due (Qualifying Week) or as soon as is reasonably practicable;
- You must state the week in which your doctor or midwife expects you to give birth (Expected Week of Childbirth); and
- You must state the date on which you intend to start your maternity leave (Intended Start Date).
Although these are the statutory requirements, we would appreciate you letting us know you are pregnant as soon as possible. There may be health and safety measures we need to consider. We may also start to think about arrangements to provide maternity cover for your position.
As soon as we know you are pregnant, HR will carry out a risk assessment to clarify any possible risks to you as an expectant mother in undertaking your job. Where we feel there may be a risk, we will take all reasonable steps to eliminate that risk and to warn you of the potential dangers. This may include changing your working conditions, or providing suitable alternative work on substantially similar terms, where possible.
Once we are aware of your pregnancy, we can also discuss with you your entitlements and your expected return-to-work date if you take the full entitlement to maternity leave (i.e. 52 weeks) (Expected Return Date).
You must provide medical evidence of your Expected Week of Childbirth in the form of a maternity certificate. This certificate is the MATB1 form and is available from your doctor or midwife after the 20th week of pregnancy. It must be forwarded to HR as soon as possible. We will not be able to pay Statutory Maternity Pay (SMP) without this certificate.
Starting Maternity Leave
The earliest you can start your Maternity Leave is 11 weeks before the Expected Week of Childbirth (unless your child is born prematurely before that date).
If you want to change your Intended Start Date, please tell us in writing. You should give us as much notice as you can, but wherever possible you must tell us at least 28 days before the original Intended Start Date (or the new start date, if you are bringing the date forward). We will then write to you within 28 days to tell you your new Expected Return Date.
Your Maternity Leave will usually start on the Intended Start Date. However, it may start earlier if you give birth before your Intended Start Date, or if you are absent for pregnancy related reasons in the last four weeks before your Expected Week of Childbirth. In either of those cases, Maternity Leave will start on the following day. In the case of a premature birth, you must advise HR as soon as is reasonably practicable and produce a MATB2 form, which is obtainable from your doctor or midwife. Whichever date you start your Maternity Leave will be your Actual Start Date.
You may continue working as close to your Expected Week of Childbirth as you wish, provided you continue to be capable of doing your job. However, we reserve the right to require you to complete a health questionnaire where it is felt that your health, or that of the baby, may be suffering as a result of your continuing to work.
Before your Maternity Leave is due to start, we will discuss with you the arrangements we have made to cover your position and the opportunities for you to remain in contact, should you wish to do so, during your leave. We expect you to provide a full handover to your maternity cover.
We may make reasonable contact with you from time to time during your Maternity Leave, although we will keep this to a minimum. Your Line Manager will discuss with you (at an appropriate time) your plans to return to work.
Statutory Maternity Pay
To qualify for SMP, you must have at least 26 weeks’ continuous service (regardless of number of hours worked per week) by the end of the Qualifying Week and your average earnings must not be less than the lower earnings limit set by the Government each tax year.
If the above criteria are not met, we have no obligation to pay SMP, although you may still qualify for Maternity Allowance at the rate set by the Government at that time, which you will have to claim yourself. In this instance, HR will provide a written statement outlining our decision on SMP and the reasons supporting the decision. If you do not agree with the decision, you can refer the matter to HM Revenue & Customs (HMRC).
The maximum entitlement to SMP is 39 weeks. The start date of your SMP will be your Actual Start Date and the end date the date 39 weeks later (unless you return to work before or take Shared Parental Leave). This period is known as the Maternity Pay Period (MPP). You will receive higher-rate SMP in respect of the first six weeks (90% of average earnings) of the MPP and the lower rate SMP for the remaining 33 weeks. The lower rate is set by the Government. We will inform you of what this currently is when you tell us you are pregnant, although it may change by the time your Maternity Leave starts.
The start date of your SMP will be your Actual Start Date and the end date the date 39 weeks later (unless you return to work before or take Shared Parental Leave). This period is known as the Maternity Pay Period (MPP). You will receive higher-rate SMP in respect of the first six weeks (90% of average earnings) of the MPP and the lower rate SMP for the remaining 33 weeks. The lower rate is set by the Government. We will inform you of what this currently is when you tell us you are pregnant, although it may change by the time your Maternity Leave starts.
T&H operates an enhanced pay during maternity leave which is 13 weeks on full taxable salary less any State benefits, including Maternity Allowance, to which the employee is entitled, followed by a further 13 weeks on half taxable plus any State benefits, provided the employee has declared her intention of resuming work, followed by 13 weeks of Statutory Maternity Pay.
A payment of six weeks of the full taxable salary entitlement followed by six weeks of the half taxable salary entitlement will be made during maternity leave. Such payment will be made through the monthly payroll system. The balance of the entitlement will be paid as a lump sum through the monthly payroll system on the first payday after the resumption of work.
Should an employee fail to resume work after the agreed period, their pension right and other rights will not accrue beyond the statutory paid period of absence and the Company reserves the right to recover such amounts paid during maternity leave in excess of the payment required to be paid by statute.
If you are taken into legal custody, or begin working for another company during the MPP, you must notify the HR Department as soon as possible, as your entitlement to SMP may be affected.
During Maternity Leave
During both OML and AML, your contract of employment continues as usual, except for terms relating to pay.
Holiday entitlement will continue to accrue during your Maternity Leave. If your Maternity Leave continues into the next holiday year, any holiday entitlement that cannot reasonably be taken before starting your Maternity Leave, or immediately following it, may be carried over. If carried over, it must be taken within three months of returning to work, unless your Line Manager agrees otherwise. Please discuss your holiday plans with your Line Manager in good time before starting and ending your Maternity Leave. All holiday dates are subject to approval by your Line Manager.
As a member of the T&H Group Personal Pension Scheme, we will make employer pension contributions during OML and any period of paid AML, based on your usual salary, in accordance with the pension scheme rules. Any employee contributions you make will be based on the amount of any maternity pay you are receiving, unless you inform the HR Department that you wish to make up any shortfall.
You may take the opportunity to work for up to 10 ‘keeping in touch’ (KIT) days during your Maternity Leave, although you are under no obligation to do so. These may be either separate days or one or more blocks of several days. Examples include the opportunity to attend a relevant training course. Agreeing to work for up to 10 KIT days will not affect your SMP entitlement nor your entitlement to continue on Maternity Leave until your Expected Return Date.
During your Maternity Leave you are still employed by the company and so you are not permitted, without our express permission, to undertake any other paid employment or work, whether full- or part-time. If you do so, your entitlement to SMP may be affected and you may be subject to action under our Disciplinary Procedure.
Returning to work
By law you may not return to work within two weeks of having given birth. This is the Compulsory Maternity Leave period.
You must return to work on your Expected Return Date unless you tell us otherwise. If you wish to return to work immediately after the end of your full 52 weeks’ Maternity Leave entitlement you are not required by law to give advance notice. However, in order to enable us to plan effectively for your return, it would be helpful if you could let HR know that you intend to do so.
If you wish to return to work before completion of your full 52 weeks’ Maternity Leave entitlement or before your Expected Return Date, you will need to give eight weeks’ advance written notice of the date on which you intend to return. If you do not give the correct notice, we are entitled to postpone your return to work until the correct notice has been provided (but will not postpone your return beyond the date your full Maternity Leave entitlement would have come to an end in any case). You may be able to return later than the Expected Return Date if you request holiday or Parental Leave. This will be at our discretion.
When returning to work during or at the end of OML, you have the right to return to the same job as the one you had before you commenced your leave. When returning to work from AML, if it is not reasonably practicable for us to allow you to return into the same position, we may offer you a suitable and appropriate job on terms and conditions that are just as, or more, favourable to you as those of the previous job.
When returning from Maternity Leave (whether OML or AML) you are entitled to request flexible working if you wish, and this will be considered under our Flexible Working Policy. It is helpful if such requests are made as early as possible.
If you are ill and not able to return on your Expected Return Date, you must notify HR and our Sickness Absence Management Policy will apply.
If you decide that you do not want to return to work after your Maternity Leave you must give notice of termination of your employment to your Line Manager (cc HR) in accordance with your contract of employment. So we may plan the work requirements of your department, we would appreciate knowing of your intention not to return as soon as possible. We can then let you know what you are entitled to during your notice period.
If you suffer a miscarriage after your Maternity Leave commences, or your baby is stillborn or dies during your maternity leave, please speak to HR, who will be able to advise you on your position as it relates to your employment.
Last updated 07/03/19
