The employee is advised to notify her manager of her pregnancy as soon as possible so that a health and safety risk assessment may be carried out. NHS Employers offers NHS organisations a comprehensive range of events, seminars and conferences to share best practice, get informed and network with colleagues. On receipt of the ML1 and ML2 forms HR Services will write to the employee, confirming details, including the date when her maternity leave will end. No further action is required unless the employee changes her mind and decides to return to work early, in which case an ML3 form should be submitted to her manager giving at least 8 weeks' notice of the new return to work date. The Maternity (Amendment) Bill 2017, an amendment to the Maternity Benefit Act, 1961, was passed in Rajya Sabha on 11 August 2016, in Lok Sabha on 9 March 2017, and received an assent from President of India on 27 March 2017. This should be done at least 8 weeks before the intended return to work date. Where OMP is paid it includes the entitlement to SMP. The amount to be reclaimed would be the non-statutory element of maternity pay. Helpful information on miscarriage may be found on the Miscarriage Association website at. Where an employee wishes to return to work earlier than planned but fails to give the correct notice period, the University may postpone her return to work date until 8 weeks' notice has been given or until her 52 week's maternity leave expires. j��N��/���)�# �;�#����0���[����]�x,����� 7Z�m�v�r�-kT� @xK(Rq�������`ģ��i4�x��5�@��[�~?LZ����TA�N��ș6����W�L��Wثv}�Π�(Q��7�ק}�@�n5F,����p�1\�Q����+K! (NB. %PDF-1.3 Where this is not possible due, for example, to the contract expiring, she will not be required to return to work for the full 3 months and maternity pay under the University's Occupational Maternity Scheme, if applicable, will be paid until the expiry of the contract. Employers should send queries to agendaforchange@nhsemployers.org, Directgov - Pregnancy and maternity rights in the workplace, HMRC - NI 17A - A guide to maternity benefits, Promoting the value of the NHS Pension Scheme. It is not intended that an employee use these days to continue her work during maternity leave or to work from home. If KIT days are used the manager will need to inform Payroll by email confirming the date of the KIT day and the number of hours worked, so that, where necessary, a payment can be made. 7.1.4 The extent to which leave is paid or unpaid largely depends on individuals having Where an employee fails to return to work by the agreed date, without explanation, this may be treated as unauthorised absence. Shortly before returning to work, or as soon after returning as possible, the employee should complete a second risk assessment (ML2) and discuss it with her manager. the week in which the birth was expected is still used for assessing continuous service); in the case of SMP, her average weekly earnings are not less than the lower earnings limit for the payment of National Insurance Contributions normally calculated for a period of 8 weeks ending with the QW. An employee may bring forward, or postpone, her maternity leave start date providing she does so in writing, giving at least 28 days' notice of the new date or as soon as is reasonably practicable. The employer is not obliged to offer KIT days; similarly the employee is not obliged to work any that are offered. Subject to satisfying the qualifying criteria, a pregnant employee will usually be entitled to Occupational Maternity Pay (OMP), Statutory Maternity Pay (SMP) or Maternity Allowance (MA) for all, or part, of her maternity leave dependent upon how much leaves she decides to take. The University recognises the need to approach this situation with compassion and flexibility and assumptions will not be made about the parent's return to the workplace. Where payment for a day's work is less than the weekly SMP payment then the employee will receive the SMP payment only. Checklists and templates to help you and your organisation, Agenda for change
This is particularly important as there is a legal requirement on the University to protect the breastfeeding mother and her child. By mutual agreement, an employee may work for up to ten Keeping in Touch (KIT) days during her maternity leave without affecting her right to statutory maternity leave or pay - KIT days can be taken at any time during maternity leave apart from the two week period immediately following childbirth. It falls to the company’s discretion to grant paid maternity leave or unpaid maternity leave for an employee deemed legally ineligible. Pension Contributions 11 17. }9
oBr��6�_&q$��ӛ�� ,7#�7���U��m�^$e��|��l?��Ɲ���dj.�i�Q{TD��_*�����6,l�2��b o�K�����} r�E�^t�M��5
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�q��H`�" A�i \M9�0sk�=>� DV1�p�Xñ!lj����dQY�@�Ņ�����[�j���y�F5cq�ǡ}5UJ_�B�&���-���������\�*�:����d��� Ķ�ej��f�p��&s:�fCD�.�-���L�gi*��� The employee and her manager are encouraged to maintain reasonable contact during maternity leave to make the return to work easier. HR Services will confirm the date the employee is expected to return to work if she takes her full 52 week entitlement to maternity leave. This will not affect her statutory or contractual rights and she will still receive access to redeployment opportunities, if relevant, at the appropriate time. Employees may also wish to access the University's confidential counselling service. 8. Childcare Vouchers 11 16. It is the employee's responsibility to complete forms ML1 and ML2: the date she intends to commence maternity leave. The type of work undertaken during KIT days must be agreed between the employee and her manager and might typically include attending a conference, training course, or a meeting. If a miscarriage occurs earlier than the 24th week of pregnancy, the employee will not qualify for Maternity Leave or OMP, SMP or MA. The following policies may also be of interest to prospective or new parents: Human ResourcesUniversity of York, Heslington, York, YO10 5DD, UKtel: +44 (0) 1904 324 835 | hr-enquiries@york.ac.uk, Acknowledgements | Legal statements | Privacy and cookies© University of York, Guidance for departments on supporting staff on maternity, ML2: Risk Assessment for Pregnant and Breastfeeding Employees, Form ML3: Return to Work after Maternity Leave, Notification of pregnancy requirements for starting maternity leave, Keeping in Touch during maternity leave - including KIT days, Preparing for an employee's return from maternity leave - manager responsibilities, Managing Redundancy - termination of a contract during maternity leave, 52+ weeks continuous service at the start of the week in which the baby is due/EWC*, Occupational Maternity Pay - (OMP includes an entitlement to SMP), Undertakes to return to work for a minimum of 3 months after maternity leave (for contracts expiring within this period see 6.8), 26+ weeks continuous service up to and including the 15th week before your EWC*, AWE** not less than the lower earnings limit for NI contributions, Less than 26 weeks service up to and including 15th week before EWC*, 21 weeks SMP or 90% of AWE, whichever is less, 33 weeks SMP or 90% of AWE, whichever is less, 39 weeks SMP or 90% AWE, whichever is less. Maternity Leave Policy Maternity Leave Policy Page | 2 5.1.4 If the baby is born earlier than two weeks before the due date and before maternity leave has commenced, then the 26 weeks’ maternity leave will begin on the day of the birth. Prior to the employee returning to work, the manager should ensure arrangements are in place for the mother's return. It is recommended that the employee and her manager meet to plan arrangements and to discuss any potential issues anticipated, or arising, due to the pregnancy. Usually the employee will return to the same job in which she was employed prior to maternity leave, on the same terms and conditions of employment as if she had not been absent. Maternity Leave Policy Required For Companies With > 50 Employees. The table below shows the criteria required for each category. If the baby is born before the intended start of maternity leave, HR Services should be advised in writing of the baby's date of birth. The employee is paid for her Keeping in Touch days, they must not be used to accrue time off in lieu.
It is helpful to receive as much notice as possible, but this should not be less than the notice period in the employee's contract of employment.
3��c@^.Ҕ��[h» �F����f�RWT��S�s�v�5y��#�J�^�y��b�d��5�. If the employee or her manager would like any specialist or confidential advice on the possible risks involved in her work whilst she is breastfeeding they should contact the Director of Health and Safety or the Occupational Health Advisor. Pay Arrangements 11 15. Notification should be sent to her manager, copied to HR Services. Publications, video & audio and much more. Any period of sickness absence will be dealt with under the normal sick pay arrangements. If an employee's contract ends before her entitlement to SMP ceases, she will remain on the University's payroll for the remainder of the period for which she is eligible for SMP. �[� \�DY燬��n����970����F�4¥��0���y�'=���fO�ۚ?8'. Her leaving date will be the date on which funding ceased, so contractual benefits such as leave entitlement and redundancy calculations would be based on this date. The employee is encouraged to discuss her situation with her manager as soon as possible, to complete a flexible working request in line with the Flexible Working Policy at least 12 weeks prior to returning to work and to agree any new working arrangements prior to her return. Arrangements will then be made for maternity leave and pay to start from the day after the birth. <> All pregnant employees, regardless of their length of service in the NHS or hours of work, are entitled to a period of 52 weeks maternity leave. Additional Maternity Leave 7 10. An employee can return to work any time from 2 weeks after the birth and before AML has finished. This comprises 26 weeks Ordinary Maternity Leave (OML) and 26 weeks Additional Maternity Leave (AML). Where an employee takes maternity leave in accordance with the Statutory Maternity entitlement, it is assumed she will be returning to work at the end of the total maternity leave period ie after 52 weeks. Employees must have 12 months’ continuous service with the NHS by the eleventh week before the expected week of childbirth (EWC) and: Intend to return to work in the NHS for a minimum of 3 months. This will have been confirmed to the employee by HR Services. agendaforchange@nhsemployers.org, NHS Terms and Conditions of Service Handbook, Maternity support (paternity) leave and pay - Section 35, HMRC: A guide to matternity benefits-NI 17A. The table below shows the pay an employee may expect during maternity leave.