Antenatal Care
All employees are entitled to reasonable paid time off work to receive antenatal care. Apart from the first visit to the doctor, employees must provide their manager with an appointment card or other documentation that confirms the appointment, in advance of the appointment.
Health & Safety
In accordance with health and safety regulations the Company will carry out a risk assessment to ensure that any new or expectant mothers are not exposed to risks in the workplace. Further risk assessments will be made once an employee has notified the Company of her pregnancy and will continue as appropriate throughout her pregnancy.
The Company will take all reasonable steps to eliminate any identified risks which could include transferring the employee to a suitable alternative position or if this is not practicable suspending the employee on medical grounds.
An employee should notify her manager immediately if she has any concerns regarding her position and the risk to the health and safety of either herself or her unborn child.
Periods of sickness during pregnancy will be treated in accordance with the Company’s normal sickness absence procedures and sick pay scheme.
Pregnancy related absences prior to the employee returning to work would not be included when calculating attendance levels to determine satisfactory job performance.
If an employee is absent owing to a pregnancy-related illness on or after the beginning of the 4th week before the EWC, the maternity pay period and maternity leave can be deemed to have started.
Leave Entitlement
All pregnant employees, regardless of length of service, are entitled to Ordinary Maternity Leave (“OML”).
OML is a period of 26 weeks leave, which can commence at any time from the 11th week before the EWC. The start date can be amended by giving the Company notice of the new date at least 28 days before the date on which maternity leave was due to start or 28 days before the new date, whichever is the earliest.
The commencement of OML will otherwise be automatically triggered by the birth of the child or by a pregnancy related absence that occurs at any time from the 4th week before the EWC.
Employees who have 26 weeks service at the end of the 14th week before the EWC (known as the “Qualifying Week”) will also be entitled to Additional Maternity Leave (“AML”).
AML is period of 26 weeks leave commencing immediately after the end of OML.
Pay Entitlement
During maternity leave employees are not entitled to receive their normal pay. Employees who have 26 weeks service at the end of the Qualifying Week are entitled to Statutory Maternity Pay (“SMP”), which will be paid by the Company, in the same way that salary is paid and deductions for tax and National Insurance contributions will be made.
There are two rates of SMP, higher and lower.
Higher rate SMP is equivalent to 90% of the normal weekly earnings (which is calculated as an average of the employee’s earnings in the 8 week period ending with the Qualifying Week), and is payable for the first 6 weeks.
Lower rate SMP is a flat weekly rate, currently £75.00, increasing to £100.00 from the 6th April 2003 and is payable for the next 20 weeks.
Any remaining maternity leave is unpaid.
The Company, in its discretion, has chosen to enhance the statutory maternity payments for employees with [26] weeks service at the 15th week before the EWC in order that they receive a sum equal to the amount they would have received on normal full pay during the first week of Higher SMP.
Employees who do not qualify for SMP may be eligible to receive Maternity Allowance payable from the local Social Security office.
Notification Requirements
In order to qualify for maternity leave and pay the employee must notify the Company of her pregnancy by the 15th week before the EWC.
The employee should put in writing to her manager the date of her EWC and the date on which she wants her maternity leave and pay to commence. The employee should also produce her MATB1, certificate of pregnancy, obtained from her GP or midwife.
The employee is not required to specify how long she intends to remain absent as it will be assumed that she will take the maximum amount of leave possible. The Company will write to the employee within 28 days of receiving her notification to provide confirmation of her maximum leave entitlement, based on her length of service with the Company.
Effect on Terms and Conditions
During the OML the employee will continue to benefit from, and be bound by, all her terms and conditions of employment, except for terms relating to salary or wages.
During AML the contract of employment remains in existence, but only certain terms will continue to apply.
These are:
- The employee’s implied duty of good faith towards the Company
- The Company’s implied obligation of trust and confidence to the employee
- Express terms and conditions relating to:
- Notice of termination of the employment contract (by the Company and the employee)
- Compensation in the event of redundancy
- Disciplinary and grievance procedures
- Disclosure of confidential information by the employee
- Acceptance of gifts or other benefits by the employee
- Participation by the employee in any other business
Returning To Work
An employee does not have to give notice of her return to work if she is returning at the end of her OML or AML period, as notified by the Company.
However, if she wishes to return earlier than the specified end date she must give the Company 28 days notice of her intended return date and this should be confirmed in writing. If this period of notice is not given, the Company may postpone the employee’s return to allow for a period of 28 days but not exceeding the end of her OML or AML period, as applicable.
An employee who returns to work after a period of OML which was an isolated period or the last of two or more consecutive periods of statutory leave, not including a period of AML, additional adoption leave or a period of parental leave of more than four weeks, is entitled to return to the same job in which she was employed before her absence.
An employee who returns to work after a period of AML or a period of OML that is not an isolated period or the last of two or more consecutive periods of statutory leave, not including a period of AML, additional adoption leave or a period of parental leave of more than four weeks, is entitled to return to the same job in which she was employed before her absence or, if this is not reasonably practicable, to another job which is suitable and appropriate for her to do in the circumstances, on terms and conditions which are no less favourable.
Maternity and Redundancy
If a redundancy situation arises during an employee’s maternity leave the Company will follow any agreed procedures and its legal obligations in respect of selection, consultation and seeking suitable alternative employment.
