ConSultHR Maternity User Guide A Guide for Staff and Managers on
Contents
1. accommodate If it is found or a medical practitioner considers that you or your child would be at risk if you continue with your normal duties the organisation should provide suitable alternative work for which you will receive your normal rate of pay Where it is not reasonably practical to offer suitable alternative work you will be given special leave on full pay until this is resolved These provisions also apply if you are breastfeeding ie if it is found that your normal duties would prevent you from successfully breastfeeding your child If decide not to return to work after have had my baby do I have to repay any of my maternity pay If you fail to return to work for three months following your period of maternity leave the CSU will take steps to recover the OMP but this does not affect your right to SMP If you decide not to return to work you must hand in your written resignation in the normal way Can return to work with another NHS employer The right to pay and leave is not affected if you return to work with another NHS employer provided you notify the organisation of your intention no later than 28 days before maternity leave is due to end You must also submit to the CSU within 15 months of the start of your maternity leave a copy of your letter of appointment to the other NHS employer Failure to do this would result in the CSU taking steps to recover the OMP but this would not affect your right to SMP Th2. advise on your entitlement to maternity pay once your Maternity Leave Pay Application form and MAT B1 certificate have been processed Your manager or ConSultHR will also be able to advise on entitlement to maternity leave MANAGERS GUIDE In addition to the responsibilities highlighted above managers need to be aware of the following Risk assessments Notifying changing dates to payroll e Notifying keep in touch KIT dates to payroll Maternity User Guide 12 ConSultHR May 2013 v1 APPENDICES Appendix 1A Intend to return to work Option A Are you intending to return to work for a minimum of three months No unsure Please refer to flowcharts showing options B and C If you intend to return for less than three months please speak to your HR Payroll Do you have more than 1 year s continuous service at the eleventh week prior to the expected date of Yes Do you have 26 weeks continuous service with THE ORGANISATION or another NHS Trust prior to the fifteenth week before expected date Entitlement Occupational Maternity Leave amp Pay 52 weeks maternity leave including 8 weeks full pay inclusive of SMP 18 weeks half pay Plus lower rate SMP not to exceed full pay 13 weeks lower rate SMP 13 weeks unpaid leave Maternity User Guide ConSultHR May 2013 v1 Entitlement Occupational Maternity Leave amp Pay less SMP 52 weeks maternity leave including 8 weeks
3. full pay 18 weeks half pay 26 weeks unpaid leave NB Payroll will return your MAT B1 form and issue you with an SMP1 form which you can take to the Department of Work amp Pensions Do you have 26 weeks continuous service with THE ORGANISATION or another NHS Trust prior to the fifteenth week Entitlement Statutory Maternity Leave amp Pay 52 weeks maternity leave including 6 weeks higher rate SMP 90 of average weekly pay 33 weeks lower rate SMP or 90 of average weekly pay if this is lower 13 weeks unpaid leave 13 Entitlement Statutory Maternity Leave 52 weeks maternity leave including 26 weeks unpaid ordinary maternity leave 26 weeks unpaid additional maternity leave NB Payroll will return your MAT B1 form and issue you with an SMP1 form which you can take to the Department of Work amp Pensions Appendix 1B Not intending to return to work Option B do not intend to return to work If you are unsure please refer to option C or contact your HR Payroll department Do you have more than 1 year s continuous service at the eleventh week prior to the expected date of Do you have 26 weeks continuous service with CS CSU or another NHS Trust prior to the fifteenth week before the expected date of Entitlement Occupational Maternity Leave and SMP 52 weeks maternity leave including 6 weeks higher rate SMP 90 of average weekly pay 33 weeks
4. upon your length of service and earnings see below any pay and benefit entitlements will be based on one of the following 1 Occupational Maternity Pay OMP in accordance with Section 15 of national T amp Cs 2 Statutory Maternity Pay SMP in accordance with legislation 3 Statutory Maternity Allowance SMA Maternity User Guide 3 ConSultHR May 2013 v1 Am entitled to occupational maternity pay If you work full or part time excluding bank staff you will be entitled to paid and unpaid maternity leave under the NHS occupational maternity pay scheme if 1 You have 12 months continuous service see definition later with one or more NHS employers at the beginning of the eleventh week before the expected week of childbirth EWC 2 You notify your employer in writing before the end of the fifteenth week before the date of childbirth or if this is not possible as soon as is reasonably practicable thereafter a Of your intention to take maternity leave b Of the date you wish to start maternity leave this can usually be any date from the beginning of the eleventh week before the baby is born but no later than the day following the birth see paragraph 3 below Cc That you intend to return to work with us or another NHS employer for a minimum period of three months after your maternity leave has ended if you fail to return the organisation will take steps to recover the occupational portion of your maternity pay this w
5. Guide 16 ConSultHR May 2013 v1 Declaration Option A understand that if fail to return for a minimum period of three months after the expiry of maternity leave am liable to refund any OMP payments received less any SMP entitlements unless submit a copy of a letter of appointment to another NHS authority within three months have read the Maternity Leave Pay User Guide which understand and accept Declaration Options B and C Completion of this form does not replace the normal requirements for notice and if have not already done so and decide to leave in the future am required to submit my resignation stating the date intend to terminate my employment have read the Maternity Leave Pay User Guide which understand and accept Declaration All employees taking maternity leave understand that a change in my circumstances during payment of SMP may affect my entitlement and therefore agree to notify my manager and the Payroll Department of any of the following as soon as possible e f my actual date of childbirth is earlier than the date intended to start my maternity leave SMP cannot start any later than the day after the birth If start work with another employer after the birth If go abroad outside the EC If am taken into legal custody have read the Maternity Leave Pay User Guide which understand and accept Line Manager Please authorise the above application for mate
6. Maternity Leave OML followed by 26 weeks Additional Maternity Leave AML AML may be transferred to another carer see Section 2 below and the Paternity Partner Leave and Pay Guidance Your unpaid maternity leave may be extended by local agreement in exceptional circumstances for example if you have sick pre term babies or multiple births Qualifying conditions To qualify for maternity benefits you must satisfy the following conditions 1 Continue to be employed until immediately before the beginning of the eleventh week before the expected week of childbirth for occupational maternity benefits fifteenth fifteenth week for statutory maternity benefits and satisfy certain conditions of the Terms and Conditions of Service Handbook 2 Notify the organisation before the end of the fifteenth week before the expected week of childbirth that you intend to take maternity leave and your intentions regarding returning to work afterwards your expected date of childbirth and the date your maternity leave will start This notification must be in writing using the Maternity Leave Pay Application form see Appendix 2 3 Submit a statement from a registered medical practitioner or practising midwife usually called your MAT B1 Certificate issued no earlier than 20 weeks before Expected Week of Childbirth EWC indicating the expected date of childbirth not less than 28 days before the commencement of leave SECTION 2 entitlements Dependent
7. NHS Central Southern Commissioning Support Unit ConSultHR Maternity User Guide REAR CUM UCM EUEIKI on Maternity Leave and Pay This guidance applies to everyone who works in the Central Southern Commissioning Support Unit CS CSU or client organisation We hope this guidance answers most general questions that you might have For further advice please contact ConSultHR T 01793 889417 E consulthr cscsu nhs net Maternity User Guide 1 ConSultHR May 2013 v1 Contents SECTION ONE Maternity Benefits Information amp Qualifying CONdItIONS eee eeeeeteteeeeeeteeeeees 3 TIN VS Entitlements ss 2c ance eccec ub ccecayesaccais ae a ee 3 SECTION THREE Before You Commence Maternity Leave ec eeececeseeeneeseeeeeeneeeeeeeeceeaeeeteeneeaeeeeaes 6 SECTION FOUR After Commencement of Maternity LEAVE eee eeeeeeeeeneeseeeeeceeeeeeececetaeeeteeneeaeeeeees 8 SECTION FIVE Ret rn To WOTK sincier E E EEE EE REEERE ee eee 9 SEC TION SIX Other Conditions s in esus eaa aieeaii e aienea eaaet eaaa 10 SECTION SEVEN Other Information ccicassezetssiesntenced cnisnscactesnsancausanzoncotenaneseboussctajezanetataseastereaerntianneseeouns 12 SECTION EIGHT Contact For QS eS cscs scectesscssiea cadets decree esacetosscosesan iste course testes nccnosie ea 12 MANAGER GUIDE innan E ncuron liseli tenth coma E E E 12 APPENDICES eeereeaeee ner eerteen eea nrcenesererae re tere meee eee pare operat tert trer Met terr
8. aternity leave period you must give your manager at least 28 days notice of the date you want to return to work You must however take two weeks maternity leave from the date of childbirth We encourage you to discuss your return to work date with your manager at the earliest opportunity so that suitable arrangements are put in place What happens if Lam ill If you are ill on the date you have agreed to return to work following childbirth you will be entitled to sick leave in accordance with normal sick leave provisions It is your duty to keep your manager informed of any illness or unforeseen change in circumstances that may affect your anticipated date of return You may also be referred to the Occupational Health Service OHS to seek guidance on your fitness to carry out your normal duties What are my rights on return to work You have the right to return to work after OML ie not more than 26 weeks 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 If you return to work during or after AML ie if you have taken more than 26 weeks maternity leave you are normally entitled to return to the same job on the same terms and conditions of employment as if you had not been absent However if there is a reason why it is not appropriate for you to return to your old job you must be offered a similar job on terms and conditions which a
9. d the lump sum payment should be paid for the remainder of the month in which the car was out of use and for three months thereafter Payment will then be made at 50 for three months or until the end of the maternity leave whichever is less No further payments will be made regular user allowances are under review nationally and may be subject to change What happens about other deductions from salary while am away eg trade union membership etc Your membership of any of these schemes may be affected or terminated if you do not continue your subscription Deductions from salary will normally cease during the unpaid part of your maternity leave but are reinstated upon return to paid employment unless other arrangements are agreed with the Payroll Department You should check with your trade union and other organisations regarding the effect on your membership while deductions have ceased How will my salary sacrifice arrangements be affected If you currently are a member of the salary sacrifice arrangements this could affect your pay during your maternity leave You must seek advice from Payroll no later than 24 weeks before your expected week of childbirth to discuss your options as your accountability for continued deductions under this may need to continue and ensure that you obtain your MAT B1 at the earliest opportunity What about other equipment I hold If you have a pager mobile phone laptop clinical equipment or any other p
10. d from your salary over the same period as you were on unpaid leave on your return to work unless other arrangements have been discussed and agreed with the Pensions Department prior to commencing maternity leave eg if you have three months unpaid leave your additional contributions will be taken over the next three months salary on your return How will receive my maternity pay Your maternity pay is paid the same way as your salary Prior to commencing maternity leave your manager will sign your Maternity Leave Pay Application form and will forward them to the Payroll Department notifying them of the date your maternity pay should start By prior agreement with the Payroll Department occupational maternity pay may be paid in a different way for example a combination of full pay and half pay or a fixed amount spread equally over the maternity leave period Please contact the Payroll Department if you would like to find out more about this Does maternity leave affect my continuity of service Maternity leave does not count as a break in service What about my lease car If you are a lease car user you may return the vehicle to the organisation or continue to make payments during the whole period of your maternity leave If you do not wish to return to work your lease car contract will be terminated and any early release penalty charges may be passed on to you What if I am a regular user Where maternity leave is grante
11. ear s continuous service at the eleventh week prior to the expected date of Yes Yes Do you have 26 weeks continuous service with THE ORGANISATION or another NHS Trust prior to the fifteenth week before the expected Entitlement Occupational Maternity Leave and SMP 52 weeks maternity leave including 6 weeks higher rate SMP 90 of average weekly pay 33 weeks lower rate SMP or 90 of average weekly pay if this is lower 13 weeks unpaid leave Entitlement Occupational Maternity Leave 52 weeks maternity leave including 6 weeks OMP 90 of average weekly pay 46 weeks unpaid leave NB Payroll will return your MAT B1 form and issue you with an SMP1 form which you can take to the Department of Work amp Pensions If you return to work If you decide to return for a minimum of three months your full OMP entitlement will be paid less any SMP already received Maternity User Guide ConSultHR May 2013 v1 Do you have 26 weeks continuous service with THE ORGANISATION or another NHS Trust prior to the fifteenth week Entitlement Statutory Maternity Leave and Pay 52 weeks maternity leave including 6 weeks higher rate SMP 90 of average weekly pay 33 weeks lower rate SMP or 90 of average weekly pay if this is lower 13 weeks unpaid leave Entitlement Statutory Maternity Leave 52 weeks maternity leave including 52 weeks unpaid maternity leave NB Payroll will re
12. ee rer tren ter rntcrrer eer eerer err 13 Appendix 1A Intend to return to Work Option A 0 ee eeseeseeseeceseeeseeeseaeseceeseeseeeceeseeaeeeseseatseeeseeeaes 13 Appendix 1B Not Intending to return to work Option B ceeeeeseeeeeeeeeeeeceeeeeseeeceeeeeseeecaetateeeeeaeeae 14 Appendix 1C Undecided of Intention to return to Work Option CO eee eseeeeeseteeeeeeeceeeteeeeneeaes 15 Appendix 2 THE ORGANISATION Maternity Leave amp Pay Application Form sssssssssesseseseseeeeee 16 Appendix 3 THE ORGANISATION Keeping in Touch Days Record Form ccceseeeeneeseeeeeneeees 19 Maternity User Guide 2 ConSultHR May 2013 v1 SECTION 1 maternity benefits information and qualifying conditions This information is intended for guidance only and you should always refer to Section 15 of the Terms and Conditions of Service Handbook Maternity leave is the right to time off work to have your baby and the right to return to your post or an alternative post on no less favourable conditions During maternity leave both paid and unpaid you retain all your contractual rights except remuneration Your entitlement to maternity provisions will vary according to your length of service with your organisation and the NHS Your personal decision as to whether to return to work or not after your maternity leave will also affect your benefits You will have the right to take 52 weeks of maternity leave which is made up of 26 weeks Ordinary
13. er earnings limit for National Insurance NI in the eight weeks up to the fifteenth week before the expected date of childbirth SMP is paid for a maximum of 39 weeks Payment of SMP cannot start prior to the beginning of the eleventh week before the expected week of childbirth EWC There are two rates of SMP a A higher rate payable for the first six weeks equivalent of 90 of average weekly earnings b A lower rate payable for 33 weeks paid at a fixed standard weekly rate What if I am not entitled to OMP or SMP Maternity Allowance If you have less than 12 months NHS continuous service at the beginning of the eleventh week prior to the EWC and less than 26 weeks service with the organisation at the fifteenth week prior to the EWC and or your average earnings at the fifteenth week prior to the EWC are less than the NI lower earnings limit you will not be entitled to OMP or SMP Maternity User Guide 4 ConSultHR May 2013 v1 You may however be entitled to statutory maternity benefits Maternity Allowance from the Government Department for Work and Pensions The Payroll Department will return the original MATB1 and send a SMP1 Form explaining why you do not qualify for SMP which you must send to the Department of Work and Pensions along with a completed Maternity Allowance form What if I do not return to work a If you declare at the outset that you do not intend to return to work you will not be entitled to OMP This will
14. ill not affect your right to Statutory Maternity Pay d That you do not intend to return to work or are undecided You must also provide a MATB1 form from your midwife or GP giving the expected date of childbirth If you qualify and your maternity leave does not exceed 52 weeks and it is your intention to return to work you will receive Eight weeks OMP occupational maternity pay at average earnings usually means full pay as defined by SMP rules calculated at the fifteenth week prior to the EWC and e 18 weeks at half of full pay plus any SMP or maternity allowance providing the total receivable does not exceed full pay 13 weeks lower rate SMP 13 weeks unpaid leave Can transfer my additional maternity leave to my partner In some circumstances you may be able to exchange some of your maternity leave with your partner s additional paternity leave This is available to your partner subject to qualifying conditions after you have been absent for 20 weeks following the birth of your baby Please refer to the Paternity Partner Leave Guidance as your decision when to return to work will affect your rights to maternity leave and pay Am entitled to Statutory Maternity Pay SMP If you do not qualify for OMP you may still qualify for SMP if you have had 26 weeks continuous service prior to the fifteenth week of the estimated delivery date with the organisation without a break and you are equal to or above the low
15. iod of up to 12 months spent abroad as part of a programme of postgraduate training on the advice of the postgraduate dean college or faculty advisor in the speciality concerned d A period of voluntary service overseas with a recognised international relief organisation for a period of 12 months which may exceptionally be extended for 12 months e Absence on a employment break scheme in accordance with CSU policy f Absence on maternity leave paid or unpaid as provided for under this agreement The organisation may at its discretion extend the period specified above Employment as a trainee with a general medical practitioner in accordance with the provisions of the Trainee Practitioner Scheme shall similarly be disregarded and count as service The organisation also has the discretion to take into consideration other previous NHS service or service with other employers SECTION 3 before commencing maternity leave When and who do tell that am pregnant As soon as your pregnancy has been confirmed by your registered medical practitioner or practising midwife you should inform your manager He she needs to know immediately so that arrangements to cover your post can be made as early as possible and also so that any potential health and safety risks can be identified and addressed You should ensure that your manager undertakes a risk assessment initially and subsequently throughout your pregnancy if you feel that your pregnanc
16. ion to provide work with the agreement of your manager you may work for up to 10 days while on maternity leave without it being classed as a return to work These days are known as Keeping In Touch days Each attendance counts as one of your 10 KIT days If you are in receipt of maternity pay during any week that you undertake a KIT day s either occupational or statutory pay you will be entitled to receive the greater of either your salary paid at your normal hourly rate or your maternity pay Where you work during unpaid maternity leave you will be entitled to receive payment at your normal hourly rate for the hours worked Your manager will be required to inform Payroll via a Change of Conditions form It is important that you discuss with your manager at the earliest opportunity your intention to use any KIT days These discussions should ideally take place before you start your maternity leave SECTION 5 returning to work When do have to state my intention to return to work You will be asked on the Maternity Leave Pay Application form whether you intend to return to work for OMP purposes Once you have submitted this form the Payroll Department will write to you within 28 days to confirm your return to work date and entitlement to maternity leave and pay If your return date remains unchanged you are not required to give any further notice If you are fit and want to return to work before the end of the stated m
17. is does not affect the requirement for you to give contractual notice to terminate your employment with us If your post has been transferred to another NHS employer you should advise both parties former and new employer on your return to work SECTION 6 other conditions Do receive any pay award payment Any pay award will continue to be applied in line with your terms and conditions of service Does my maternity leave affect any incremental pay Absence on maternity leave whether paid or unpaid will count towards your normal annual increment in accordance with the Terms and Conditions of Service Handbook You will normally progress through a Knowlege and Skills Framework KSF gateway on the due date providing concerns had not been raised about your ability to meet your KSF outline prior to maternity leave Does my maternity leave affect my NHS Pension Scheme contributions Maternity User Guide 10 ConSultHR May 2013 v1 If you contribute to the NHS Pension Scheme and are absent on maternity leave you continue to be liable for pension contributions You need to consider whether you wish to keep up with your pension contributions During paid maternity leave contributions are due on the amount of pensionable pay received During unpaid maternity leave contributions are due on the pay actually received immediately prior to going on unpaid maternity leave Deductions due in the unpaid part of maternity leave will be deducte
18. leave is taken before introducing reduced hours This may include working plus taking annual leave for a period to reflect new part time working arrangements SECTION 4 during maternity leave What happens if have a stillbirth In the unfortunate event of a stillbirth after the 24 week of pregnancy you will retain your original maternity pay and leave entitlements If you were to have a miscarriage before the 25 week of pregnancy normal sick leave provisions will apply as necessary Can work while on maternity leave Working for the organisation including for the bank while on maternity leave will be considered a return to work and would only be possible as part of Keeping In Touch days see below have a second job with another employer can work while on my maternity leave from the organisation This will not affect your rights to OMP or maternity leave at the organisation However if you are in receipt of SMP there may be implications If you are working for the same employer you worked for during the fifteenth week before the baby was born you will continue to receive SMP If you are working for an employer that you did not work for during the fifteenth week before your baby was born your entitlement to SMP will cease Maternity User Guide 8 ConSultHR May 2013 v1 What if just want to work for a day or two during my maternity leave Keeping In Touch KIT days While there is no obligat
19. line manager KIT DATE PURPOSE ACTIVITY STAFF MANAGER S MANAGER S DAY KIT DAY MEMBER S SIGNATURE CONFIRMATION TAKEN SIGNATURE OF NOTIFICATION 1 10 TO PAYROLL C of C Form etc 10 Final confirmation of number of KIT days taken during leave from work Signed Date Line Manager Maternity User Guide 19 ConSultHR May 2013 v1
20. lower rate SMP or 90 of average weekly pay if this is lower 13 weeks unpaid leave Entitlement Occupational Maternity Leave 52 weeks maternity leave including 6 weeks OMP 90 of average weekly pay 46 weeks unpaid leave NB Payroll will return your MAT B1 form and issue you with an SMP1 form which you can take to the Department of Work amp Pensions If you return to work If you decide to return for a minimum of three months your full OMP entitlement will be paid less any SMP already received Maternity User Guide ConSultHR May 2013 v1 Do you have 26 weeks continuous service with CS CSU or another NHS Trust prior to the fifteenth week before the expected date of Entitlement Statutory Maternity Leave and Pay 52 weeks maternity leave including 6 weeks higher rate SMP 90 of average weekly pay 33 weeks lower rate SMP or 90 of average weekly pay if this is lower 13 weeks unpaid leave Entitlement Statutory Maternity Leave 52 weeks maternity leave including 52 weeks unpaid maternity leave NB Payroll will return your MAT B1 form and issue you with an SMP1 form which you can take to the Department of Work amp Pensions If you do not return to work You must give your contractual 14 notice Appendix 1C Undecided whether to return to work Option C Are you unsure whether you will return to work for a minimum of three months Do you have more than 1 y
21. not affect your right to SMP should you qualify see Appendix 1 Option B b If you have more than 12 months continuous NHS service at the beginning of the eleventh week before the expected week of confinement EWC but less than 26 weeks service with the organisation and do not wish to return to work you will receive OMP of 90 of your average weekly earnings for six weeks and your original MAT B1 plus an SMP1 will be sent to you which you must send to the Department of Work and Pensions See below regarding effect of fixed term contracts Payroll will write to you and explain your entitlements because if you are able to claim other benefits this may affect your 90 average weekly earnings Cc If you have notified us of your intention to return to work for the same or a different NHS employer and fail to do so within 15 months of the beginning of your maternity leave you will be liable to refund the whole of your maternity pay less any SMP received In cases where the CSU considers that to enforce this provision would cause undue hardship or distress we have discretion to waive our rights to recovery What if only work for the bank If you have only work for the bank prior to taking maternity leave statutory maternity leave provisions may apply You will need to provide evidence that you have 26 weeks continuous service at the bank prior to the fifteenth week before the estimated date of delivery and you are equal to or above the lower ea
22. not apply If you are on a fixed term contract and do not meet the 12 months continuous service condition you may still be entitled to SMP How do calculate my continuous service Maternity User Guide 5 ConSultHR May 2013 v1 For the purposes of calculating whether you meet the qualification for OMP to have had 12 months continuous service with one or more NHS employers the following provisions shall apply 1 NHS employers include CSUs Health Authorities NHS boards NHS Trusts Primary Care Trusts and the Northern Ireland Health Service 2 If you have a short break in your service of three months or less your service will be regarded as continuous the calculated service will not include the duration of the break A break in service of three months or less will be disregarded though not counted as service The following breaks in service will also be disregarded the calculated service will not include the duration of the break Eg Two month continuous service then a break of one month then re joined for a further 11 months would equate to continuous service and a qualifying service of 13 months Six months continuous service then a break of two months then re joined for a further four months would equate to continuous service but a non qualifying period of 10 months a Employment under the terms of an honorary contract b Employment as a locum with a general practitioner for a period not exceeding 12 months c A per
23. ou commence your maternity leave Any alternative arrangements should be discussed between your manager and yourself in conjunction with the Occupational Health Service OHS Can take time off during pregnancy to attend ante natal classes You have the right a Not to be unreasonably refused time off work to receive ante natal care b To be paid by the CSU for the permitted time off provided that e you are able to produce a certificate confirming your pregnancy e and e you are able to provide evidence of appointments to your manager What happens when my uniform no longer fits If you are required to wear uniform as part of your job arrangements will be made for maternity clothing Please discuss your requirements with your manager When can I start my maternity leave You may start your maternity leave at any time between the eleventh week before and the expected date of childbirth and you should discuss this with your manager at the earliest opportunity Maternity leave and SMP may start on any day of the week prior to the birth of the baby You must notify us on your Maternity Leave Pay Application Form enclosed at Appendix 2 the date on which your maternity leave will commence You may change these dates provided you give 28 days notice in writing to your manager What if am ill before start my maternity leave If you are absent due to illness normal provisions for paid sick leave will apply However if after the four
24. re not less favourable than your original job In these circumstances your manager would need to consult with you as soon as practically possible about any proposed changes to your job when you return from your maternity leave Such circumstances would be exceptional and managers would be expected to manage any changes in conjunction with ConSultHR You should let your employer know in writing if you are planning to breastfeed when you return to work Ideally you should do this before you return so that your employer has time to plan Maternity User Guide 9 ConSultHR May 2013 v1 Can return to work on reduced hours While you have no automatic right to reduce your hours your manager will consider a request to return to work on reduced hours sympathetically and in line with the CSU s commitment to work life balance policies However this will need to be assessed against the needs of the service This can be agreed at any time before or during maternity leave and preferably at the earliest opportunity see section above on annual leave If your manager is unable to accommodate your request it may be possible to accommodate your request in another ward department Please see Guidance on Flexible Working for further details What happens if I am medically unable to return to work Before you return to work your manager will carry out a risk assessment and you should advise your manager of any special considerations you feel they should
25. rnings limit during the eight week period prior to the fifteenth week before your baby is due How do calculate continuous service if work for the bank As long as you are available for work for the 26 weeks prior to the fifteenth week before the EWC you will be treated as having sufficient qualifying service However your average salary during this period must be above the NI lower earnings limit What if I am on a fixed term contract If you are employed under a fixed term or training contract which expires after the eleventh week before the EWC and if you satisfy the conditions above your contract will be extended to allow you to receive the 52 weeks which includes paid contractual and SMP and the remaining 13 weeks of unpaid maternity leave If you leave the organisation on completion of your fixed term contract to commence at another CSU and this is during the 11 weeks before EWC the organisation would be liable to pay the SMP if you qualify and the new CSU would be liable to pay the OMP less SMP received Doctors in training should consult medical personnel regarding their option You should also bear in mind that Absence on maternity leave paid and unpaid up to 52 weeks before a further NHS appointment shall not constitute a break in service e If there is no right of return to be exercised because your contract would have ended if pregnancy and childbirth had not occurred the repayment provisions set out above shall
26. rnity leave and keep a copy A copy of the maternity letter confirming the entitlements will be sent to you Maternity User Guide 17 ConSultHR May 2013 v1 ADDITIONAL INFORMATION FOR EMPLOYEES AND MANAGERS The Maternity Leave Pay user guide can be found on the intranet page under the HR portal and click into HR policies It is your responsibility to ensure you have read and understood the policy and you are aware of your entitlements If you are pregnant you have a legal entitlement to 52 weeks maternity leave The flowcharts summarise the entitlements for each of the different options If the employee wishes to change her maternity start date after submitting the form the manager will need to contact Payroll immediately to inform them of the revised date Failure to do so may result in payment errors SMP cannot be paid if the average earnings are below the lower earnings level for NI 107 per week for 2012 13 tax year If you are returning to work your manager should complete a Change of Conditions form which states the date of your return to work and confirms the hours to be worked on your return If you are not returning to work your manager must complete a Termination form Should you have any change to the choices you have made on your application for maternity leave you must contact your manager and Payroll with 28 days notice or at the earliest opportunity Salary Sacrifice and Childcare Voucher schemes Salar
27. roperty you should discuss with your manager whether these should be returned prior to you commencing your maternity leave What if I am pregnant and intend to give the child up under a surrogacy or adoption arrangement What the birth mother intends to do with the child has no bearing on the application of the conditions contained in this user guide Maternity User Guide 11 ConSultHR May 2013 v1 Are there any special arrangements for infertility treatment eg IVF No for absences relating to treatment you should discuss how this time is taken with your manager eg annual leave but you should refer to the sickness policy FAQs regarding sickness absences following treatment Following confirmation of your pregnancy the conditions of this user guide will apply SECTION 7 other information The organisation has a range of policies and practices in place to assist your return to work following maternity leave Childcare voucher schemes Career break policy Leave policy Parental leave policy Flexible working policy Paternity leave You can obtain information on work life balance policies from ConSultHR You should discuss the application of these policies with your manager in the first instance SECTION 8 contact for queries We hope that all goes well with your pregnancy and birth Please keep in touch with your manager and notify them of any changes in circumstances or queries you may have ConSultHR will be able to
28. tary arrangements for remaining in contact during your maternity leave including Any voluntary arrangements that you may find helpful to remain up to date with developments at work and nearer the time of your return to help facilitate your return to work Keeping the CSU up to date with any developments that may affect your intended date of return Your manager will keep you informed of promotion opportunities and other information relating to your job that you would normally be made aware of if you were at work This is not classed as part of the keeping in touch days in which an employee may come into work to attend eg training team meetings or undertake work for up to 10 days while on maternity leave see Section 4 What happens to my annual leave while am away on maternity leave Your contractual annual leave entitlement is determined by your current Agenda for Change terms and conditions and will continue to accrue during your paid and unpaid maternity leave in any leave year Where the amount of accrued annual leave would exceed normal carry over provisions you and your manager should agree how this is taken either before and or on return from your maternity leave period including carrying over in excess of five days Where this is not agreed in advance normal provisions for annual leave carry over will apply If you request to come back on reduced hours your manager will ask you to ensure outstanding annual
29. th week before your EWC your illness is attributable to your pregnancy maternity leave will commence at the beginning of the fourth week before the expected week of childbirth or the beginning of the next week after you last worked whichever is the later Please ensure you advise your manager if this is the case Odd days of pregnancy related illness during this period may be disregarded if you wish to continue working until your agreed maternity leave start date What happens if my baby is born early If your baby is born prior to the notified leave date your maternity leave will commence the day after the birth Payroll should be notified at the earliest opportunity to prevent any overpayment If your baby is in hospital following an early birth you may with the agreement of your manager split your maternity leave entitlement taking a short period which must be a minimum of two weeks immediately after childbirth return to work and then take the balance of leave following your child s discharge from hospital While your OMP can be split into two periods SMP cannot and will stop when you return to work and will not recommence You will therefore receive significantly reduced maternity payments overall You must take advice from the Payroll Department in this situation Maternity User Guide 7 ConSultHR May 2013 v1 How should I keep in contact with my manager Before going on leave you and your manager should discuss and agree volun
30. turn your MAT B1 form and issue you with an SMP1 form which you can take to the Department of Work amp Pensions If you do not return to work You must give your contractual 15 notice Appendix 2 Maternity Leave amp Pay Application form CS CSU Maternity Leave amp Pay Application form This form should be completed before the end of the fifteenth week before the expected week of childbirth and your manager should forward it to ConSultHR The MAT B1 form should be submitted to the ConSultHR not less than 28 days before commencement of the maternity leave Please Print NaMe epee Peas asec ae A a E Sec eiseniactecscecaere ue cad ton es mendaseeecats Addres Siiip a Ea E A aa E i Assignment NOs sdccciveiccsecennsvbedie interes sruriisisiis BON irsidir WAN DGD iicntsbanadavasioud wield ciasuasaieuacs Directorate ccceeeee reenn Line Managers name icccncscaccaceccntsncensscanesceacanceben Extn NO 20ee Start Date with CS CSU c eee Start date with NHS 008 Date my partner will commence Additional Paternity Leave 008 This cannot be before the 20 week following the birth Dates of any unpaid leave prior to adoption leave eceeeeeeeeeees Please tick the Maternity Option you wish to take Option A intend to return to work Option B do not intend to return to work Option C am undecided Maternity User
31. y compromises you at work You should subsequently submit to your manager a statement from a registered medical practitioner or practising midwife usually called your MAT B1 Certificate issued no earlier than 20 weeks before EWC indicating the expected date of childbirth not less than 28 days before the commencement of leave Maternity User Guide 6 ConSultHR May 2013 v1 If you wish to change the agreed date of the start of your maternity leave you must ensure you do this in writing at least 28 days before your new date or if this is not possible as soon as is reasonably practicable beforehand What if I am unable to carry out my normal duties during pregnancy If the risk assessment indicates that you should not carry out your normal duties your manager will agree with you alternative temporary working arrangements If prior to commencing maternity leave you have health issues associated with your pregnancy and an occupational health doctor considers you to be either incapable of carrying out all or part of your duties or that you or your unborn child would be at risk if you were to continue in your normal duties the CSU will seek to provide alternative work with no loss of pay Where it is not reasonably practicable to offer alternative employment paid special leave will be given until either suitable alternative employment becomes available any risk is mitigated or you become unwell and move into sickness absence pay or until y
32. y sacrifice is a contractual arrangement whereby an employee gives up the right to receive part of their cash remuneration for a non cash benefit Salary sacrifice will reduce the average weekly salary used for payment of the maternity pay It will be deducted from the OMP but not from the SMP If you intend to reduce the time you will be using the childcare facilities during your maternity leave period it might be beneficial to stop the salary sacrifice to increase the average pay The average pay is calculated over the eight week period prior to the fifteenth week before the estimated week of birth so the Payroll Department will need to have the information by the end of the sixteenth week Salary sacrifice can be altered if there is a lifestyle change The Equality Act states that you cannot be disadvantaged for a salary sacrifice scheme and if you are unable to make the deductions from your OMP when you enter either half or nil pay the CSU will cover the cost of the salary sacrifice deductions as long as you were part of the scheme prior to your maternity leave Maternity User Guide 18 ConSultHR May 2013 v1 Appendix 3 Keeping in Touch KIT days record form CS CSU Keeping In Touch Days KIT record form To be used as a formal record for keeping in touch KIT days taken during maternity adoption additional paternity leave Name of member of staff Staff number Directorate Ward Department Name of
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