Maternity Policy
1. Introduction
This policy sets out the College’s position in respect to maternity leave and pay, and outlines the eligibility criteria, legal rights, notification, entitlements and procedures for staff.
2. Eligibility for maternity leave and pay
Staff members are eligible if they:
3. Legal rights
3.1 All staff members who are pregnant are entitled to:
Antenatal care includes medical appointments as well as antenatal/parenting classes recommended by a doctor or midwife.
Employers cannot change a pregnant staff member’s contract terms and conditions without agreement.
4. Notification requirements
Staff members should notify the College that they are pregnant as soon as possible. This must be done before the end of the 15th week before the EWC, or as soon as reasonably practicable afterwards.
The College may require the staff member to provide a MATB1 medical certificate. This is a form from the Government providing medical evidence of pregnancy and the baby’s due date. It is filled in by a midwife and issued after 20 weeks of pregnancy.
Staff will also need to notify the College when they wish to start their maternity leave.
5. Statutory Maternity Leave (SML)
All pregnant staff members are entitled to take up to one year (52 weeks) of SML, regardless of the length of employment. SML is marked by two separate periods:
It is legally compulsory for all pregnant staff members to take a minimum of 2 weeks’ maternity leave immediately after giving birth.
5.1 Starting maternity leave
OML can start any time after the 11th week before the EWC, up to the date of the birth. It is advisable, however, to take leave by the EWC.
OML will start automatically if the staff member is absent for a pregnancy-related reason during the four weeks prior to the EWC. Any other absence during pregnancy due to sickness prior to the start of the maternity leave period should be seen as normal sickness absence.
The staff member can postpone or bring forward the intended start date of their maternity leave by informing the College in writing at least 28 days before the original intended start date, or if that is not possible, as soon as is reasonably practicable.
6. Statutory Maternity Pay (SMP)
All pregnant staff members are entitled to SMP for the first 39 weeks of their SML period, provided they meet the eligibility criteria set out above, even if they do not intend to return to work.
SMP begins when the staff member commences their SML, unless they are absent for a pregnancy related illness at any time after the start of the fourth week before the EWC, in which case their SML and SMP will begin at this time.
6.1. SMP rates
SMP rates set by the Government for the current tax year for up to 39 weeks paid leave are:
If a staff member does not qualify for SMP, they may be eligible for Maternity Allowance. More information can be found on the Government website: https://www.gov.uk/maternity-allowance.
6.2 Ashbourne enhanced maternity pay
Ashbourne offers an enhanced maternity pay scheme for eligible staff members which provides full pay (before tax and national insurance contributions) for up to 26 weeks depending on time employed at the College, and SMP for the remaining weeks. Any subsequent maternity leave (AML) taken will be unpaid.
6.2.1 Yearly staff
The average weekly earnings are calculated over a period of 52 weeks (i.e. annual salary divided by 52 weeks); extras are not included (e.g. Open Evening).
6.2.2 Hourly-paid teachers
The average weekly earnings is calculated as follows:
a) Hourly rate x no. of hours taught per week at time of OML x 31 teaching weeks x 12.1% (holiday pay (hp))
b) 30 hours during Easter x Hourly rate x 1 week of Easter Revision x 12.1% (hp)
c) Total number of weeks to generate earnings – 32 (31 teaching weeks and 1 week for Easter)
Total = (a + b)/c
Note that (b) is only included if this is a normal way of working.The College will review the previous year’s Easter Revision schedule to clarify the last arrangement.
6.2.3 Hourly-paid operations staff
The average weekly earnings is calculated as follows:
Hourly rate x no. of hours per week (average over the last year) x no. of weeks per year (52)
6.2.4 Pay rises
If a staff member becomes eligible for a pay rise before the end of their maternity leave, this will be applied to the calculation of pay for the staff member; maternity pay will only be adjusted at the point of the pay rise.
6.2.5 Benefits and pension during maternity leave
During the period of maternity leave, the staff member will continue to receive all of their contractual benefits and their terms and conditions will continue to apply, except those relating to wages and salary.
Pension contributions will continue to be made during any period when the staff member is receiving maternity leave pay; but not during any period of unpaid maternity leave. The College’s contributions will be based on the salary the staff member would have received had they not taken maternity leave. Staff member contributions will be based on actual pay. Staff may make additional contributions for their unpaid leave, if taken, to which the College will contribute in accordance with the pension scheme regulations.
6.2.6 Holiday pay entitlement
Staff members will continue to accrue holiday entitlement during their maternity leave. Where the staff member is unable to or it is not operationally possible for them to take holiday leave, on their return to work, the accrued holiday may be carried over to the following academic year.
7. Neonatal Leave and Pay
Neonatal Care Leave applies to staff members whose babies are born prematurely and require a continuous stay in hospital of seven full days or longer. Staff are entitled to take up to 12 weeks leave, and pay if eligible, on top of any other leave they may be entitled to.
8. Stillbirth and miscarriage
The College will continue to support staff members in the sad event of a miscarriage or stillbirth.
A miscarriage is when a spontaneous loss of pregnancy occurs before the 24th week. Around 1 in 8 known pregnancies result in miscarriage. A stillbirth is when a baby is born dead after the 24th week of pregnancy. This happens in around 1 in 250 births.
In the event of a miscarriage, staff members are encouraged to speak with the College to see if they need counselling and/or support. This may include taking time off work for their wellbeing, for example, as sickness absence and/or compassionate leave.
In the event of a stillbirth, a staff member may still apply for and take maternity leave and pay under this policy, if they are eligible. Staff are entitled to parental bereavement leave and pay, if they are not eligible for statutory maternity leave and pay.
9. Procedure
9.1. Notification
At least 15 weeks before the baby is expected, or as soon as reasonably practicable afterwards, the staff member must notify the College of the date that:
Within 28 days of this notification, the College will provide the staff member with a written confirmation of the expected start and end date of maternity leave.
Staff members may change the requested start date where 28 days’ notice is given.
An informal discussion following notification is typical in order to discuss arrangements for covering work and opportunities for that staff member to remain in contact, should they wish to do so during their leave. Unless the staff member requests otherwise, they will remain on circulation lists for internal news, job vacancies, training and work-related social events.
9.2 Health and safety
The College has a general duty to take care of the health and safety of all staff members and is required to carry out a risk assessment (RA) of the workplace risks to pregnant women, those who have given birth within the previous six months and those who are still breastfeeding. The RA will set out any preventative and protective measures taken or required. This is an important reason for providing notification of pregnancy as soon as possible.
9.3 Keeping in touch
Staff may work (including attending training) for up to ten days during their maternity leave without bringing the maternity leave or SMP to an end. The arrangements, including pay, can be set by agreement between the staff member and the College.
9.4 Returning to work
9.4.1 Before returning to work
Shortly before the staff member is due to return to work, the College may invite them to have a discussion (whether in person or by telephone) about the arrangements for their return. This may include updating the staff member on any changes that may have occurred, discussing any necessary training and any changes to working arrangements.
9.4.2 Returning early
If the staff member wishes to return to work earlier than the end of the full period of leave to which they are entitled they must notify the College in writing not less than eight weeks before they expect to return to work. Failure to notify the College of their intention to return early may mean that their return to work is postponed. Staff are not permitted to return to work within the two weeks immediately following childbirth.
9.4.3 Returning to the same job
Staff returning from OML (26 weeks) will resume their job on the same terms and conditions as when they took leave, unless agreed otherwise.
Staff returning from AML will normally resume their job on the same terms and conditions as when they took leave, where this is reasonably practicable. Where this is not possible, they will be redeployed to a suitable and appropriate role which is no less favourable than they would have been entitled to had they not been on AML. This takes into account the seniority of their role, pension and other rights they enjoyed prior to taking AML.
9.4.4 Extending maternity leave
If a staff member wishes to extend their maternity leave beyond 39 weeks they should provide the College with as much notice as possible. AML beyond 39 weeks is unpaid.
Alternatively, a staff member who wishes to extend their maternity leave beyond their agreed return date may request paid annual leave if they are entitled to it at such a date. See 6.2.6 above.
If the staff member is unable to return to work due to sickness or injury, this will be treated as sickness absence.
In all other cases, a late return to work beyond the agreed dates will be treated as an unauthorised absence/breach of contract?
9.4.5 Transfer of Maternity Leave: Shared Parental Leave
If a staff member wishes to return to work before using the full 52 weeks’ entitlement to maternity leave, they may be eligible to apply for Shared Parental Leave with their partner. Please refer to the Shared Parental Leave Policy.
10. Deciding not to return to work
10.1 Notification
If a staff member does not intend to return to work, or is unsure, they should notify the College as early as possible.
If the staff member decides not to return they should give notice of resignation in accordance with their employment contract. The amount of maternity leave left to run must be at least equal to their contractual notice period, otherwise they may be required to work for the remainder of the notice period.
Once notice has been given, the staff member cannot change their mind without the College’s agreement. This does not affect their right to receive SMP.
11. Returning to work: flexible hours
11.1 Requests
The College will deal with any requests by staff members to change their working patterns (such as working part-time) after maternity leave on a case-by-case basis.
There is no absolute right to insist on working part-time or to change working patterns generally, but the College will try to accommodate the staff member’s wishes unless there is a justifiable reason for refusal, bearing in mind the needs of the organisation. It is helpful if requests are made as early as possible.