There is a great deal of work and families related legislation and this update emphasises the main points as simply as possible and at the bottom of this webpage directs you to key websites.

Maternity Leave

 

There are two primary types of maternity leave. Ordinary Maternity Leave (OML) - ALL pregnant employees are now entitled to OML of 26 weeks leave. Additional Maternity Leave (AML) ALL pregnant employees are entitled to AML of 26 weeks leave (follows on immediately after OML). (Due to changes in 2008, in practical terms there is little difference between OML and AML) Therefore ALL employees can have 26 weeks (OML) + 26 weeks (AML) = 52 weeks leave.

There is also Compulsory Leave (which is part of OML) whereby women must take 2 weeks leave immediately after giving birth.

Earliest date Maternity Leave can begin

Beginning of 11th week before baby is expected (unless baby is born prematurely, in which case OML will start on the day following childbirth).

Notice Required 

 The employee must provide her employer by the end of the 15th week before her expected week of childbirth with details of

• the week in which the baby is expected.
•  intended start date of her maternity leave.

An employer can request the employee to put in writing her intended start date for maternity leave and a certificate (form MATB1 or equivalent). The employee can change her mind about the date she intends to start maternity leave but must notify her employer of the revised date at least 28 days before.

Employer Confirmation

 The employer must respond to this notification within 28 days and state the date the woman is expected to return to work after she finished her full maternity leave entitlement - either OML or AML.

Employee is unwell due to Pregnancy Related Reasons

 The employer can trigger maternity leave automatically if she is absent for a pregnancy related reason and it is 4 weeks before the expected week of childbirth.

Childbirth occurs before Maternity Leave was due to commence

 Leave starts on the day after childbirth.

Employee wants to return before the end of her OML or AML

 She must give 8 weeks notice of her return date.

Keeping in Touch Days

 “Keeping-in-Touch” days are where an employee on maternity leave can agree to work for an employer without bringing their maternity pay to an end or any loss of pay. Employees can take up to 10 days and these can be taken in blocks or separately. Any work carried out on a day constitutes one days work. This means if an employee comes in for a one hour meeting, this will count as one of the ten days. (Note: A regular night shift that spans two calendar days counts as one day) The intention was to allow employees to attend training, team meetings, provide work cover etc.

 There is no obligation for women on maternity leave to take part in keeping in touch days, nor is there any obligation on an employer to provide them. Employees who refuse are specifically protected by legislation.

Reasonable Contact

 The new regulations make it clear that reasonable contact from time to time between the employer and employee can occur during maternity leave. The intention is to improve contact and communication.

Maternity Pay

 

Employees are usually entitled to Statutory Maternity Pay (SMP) or Maternity Allowance (MA) – a state benefit based on recent employment and earnings record.

Qualifying Conditions Period: Statutory Maternity Pay (SMP)

• Worked for Employer who is liable (or would be liable but for low earnings) to pay employer’s share of Class 1 national insurance contributions.

   

• Have 26 weeks continuous service with her employer assessed at the 15th week before the week the baby was due.

   

• Have reached weekly earnings in the 8 weeks up to and including the qualifying week at or above the lower earnings limit for the payment of National Insurance contributions 39 weeks Pay.

   

First 6 weeks 90% of earnings then 33 weeks at (£123.06 per week - April 2009),

Maternity Allowance

• Be employed but not qualify for SMP, or be self employed, or recently employed.

   

• Been employed or self employed for at least 26 weeks of the 66 weeks ending with the week before the expected week of childbirth.

   

• Earn at least a specified amount (currently average of £30 per week) Maximum of 39 weeks.

   

Standard rate of £123.06 or 90% of earnings if average gross earnings are less than £123.06.

What benefits must employers provide?

 

Ordinary Maternity Leave (OML) and Additional Maternity Leave (AML)

• Statutory Maternity Pay

   

• All contractual benefits except remuneration (the contract remains in force)

   

• An employee returning from OML is also entitled to the benefit of any general improvements to her rate of pay or other terms and conditions which may have been introduced for her post whilst she was away.

   

Other Maternity Rights

In addition to maternity leave and maternity pay, women who satisfy the relevant qualifying conditions are also entitled to:

• Return to the Job in which she was employed, or one of equivalent status, with protected right to pay and conditions and benefits.

   

• Time off to attend ante natal appointments at normal rate of pay (on production of proof of the appointment).

   

• Request a risk assessment during pregnancy

   

• Request alternative work where any risk to the health of the expectant mother and baby can be avoided.

   

• Access to suitable rest facilities during working hours.

   

• Paid suspension on maternity grounds if health and safety measures can not be complied with.

   

• Consideration of a flexible working request.

   

• Unpaid parental leave.

   

• Not be subjected to detriment, disadvantage or dismissal because of the pregnancy, maternity leave etc.

   

Recovering the cost of SMP

 

An employer is able to recover the cost of SMP from the Government. A small employer (those whose total gross annual Class 1 national insurance payments are less than £45k) can recover 100% of the cost with an additional bonus payment of plus 4.5%.

Useful Links

 

• Business Link
  An excellent interactive tool “How should I manage expectant and new mothers at work” - you are asked a series of questions (takes less than 5 minutes) and then you are given a detailed, easy to understand summary of what you need to do, your employee’s obligations, your responsibilities - complete with hyperlinks to other sites such as HM Revenue and Customs for maternity pay, model letters etc.

   

• Health and Safety Executive
  Comprehensive guidance on risk assessments and health and safety matters relating to new and expectant mothers.

   

• ACAS
  It includes useful guidance documents for parents and carers.