Maternity Support Leave

1. Introduction

This policy sets out entitlements to support leave and pay and the obligations of employees who wish to exercise those entitlements.

Maternity or Adoption Support Leave is a period of 1 or 2 weeks' leave which can be taken shortly after the birth of a child for the purpose of caring for a child or supporting the child's mother or adopter. Maternity or Adoption Support Leave is available to all employees, whether full time or part time, provided that the employee has the necessary length of continuous service with the University and provided that he or she complies with the notification requirements which are summarised below.

In order to qualify for Maternity Support Leave, the employee must either (1) be the father of the child and expect to have responsibility for the upbringing of the child; or (2) be married to or be the partner of the mother and expect to have the main responsibility (apart from the mother) for the upbringing of the child.

In this policy the expected week of childbirth is the week, beginning with midnight between Saturday and Sunday, in which it is expected that childbirth will occur.

2. Qualifying period for maternity support leave schemes

Subject to the employee's compliance with the notification requirements, the employee's length of service with the University, will determine whether he/she qualifies for the University Maternity Support Scheme. The University Maternity Support Scheme, with respect to leave and pay, automatically includes and replaces all statutory entitlements to which the employee would otherwise be entitled in terms of paternity pay and leave.

Employees with 12 months' continuous service: Employees who have been continuously employed by the University for a minimum period of 12 months prior to, in the case of Maternity Support Leave, the 14th week before the expected week of childbirth ("EWOC"), qualify for the University Maternity or Adoption Support Scheme.

Employees with less than 12 months' but at least 26 weeks' continuous service: All other employees who have been continuously employed by the University for less than 12 months but more than 26 weeks prior to, in the case of Maternity Support Leave, the 14th week before the EWOC, qualify for the Statutory Maternity Support Scheme.

3. Notification requirements

An employee must provide written notice to the University of his/her intention to exercise his/her right to Maternity or Adoption Support Leave in or before the 15th week before the EWOC.

Maternity Support Notification

In the case of leave following the birth of a child, the employee's written notice to the University must include:

the EWOC;
the length of the period of leave that the employee has chosen to take (i.e. one or two week period);
the date on which the employee has chosen the leave to commence; and
a declaration signed by the employee stating that he or she meets the statutory eligibility requirements for leave and stating that the purpose of the absence from work is to care for the relevant child or support the child's mother.

The following forms should be completed and returned to Human Resources:

Statutory Paternity Pay/Paternity Leave - becoming a parent

Statutory Paternity Pay/Paternity Leave - becoming an adoptive parent

Leave must be taken in the period beginning with the child's birth and ending 56 days after that date (unless the child is born before the first day of the EWOC in which case leave can be taken up to 56 days from the first day of the EWOC). Employees can specify that leave will start (1) on the date of the child's birth; or (2) from a chosen number of days or weeks after the date of the birth; or (3) from a predetermined date later than the first day of the week in which the baby is expected to be born.

If the employee wishes to change the date of leave to an alternative date, 28 days' notice in writing must normally be given of any such change

The employee must notify the University as soon as is reasonably practicable after the child's birth, of the date on which the child was born.

4. Maternity support leave and maternity support pay entitlement

University Maternity or Adoption Support Scheme:

LEAVE: Qualifying employees can take up to two weeks' Maternity Support leave. Employees can choose to take either one week's leave or two consecutive weeks' leave. Leave must be taken in blocks of whole weeks.

PAY: One week's leave on full pay and one week's leave at the appropriate rate of Statutory Paternity pay, which is £117.18 per week or 90% of salary if less than £117.18 per week (provided that the employee has average earnings above the "lower earnings limit" for national insurance purposes for the requisite period and otherwise qualifies for Statutory Paternity Pay).

Statutory Maternity Support Scheme:

LEAVE: Qualifying employees can take up to two weeks' Maternity Support Leave. Employees can choose to take either one week's leave or two consecutive weeks' leave. Leave must be taken in blocks of whole weeks.

PAY: Two weeks' leave at the appropriate rate of Statutory Paternity pay which is £117.18 per week or 90% of salary if less (provided that the employee has average earnings above the "lower earnings limit" for national insurance purposes for the requisite period and otherwise qualifies for Statutory Paternity Pay).

An employee's entitlement to Maternity Support leave and pay shall not be affected by the birth, or expected birth, of more than one child as a result of the same pregnancy. Where more than one child is placed for adoption as part of the same arrangement, the employee's Maternity or Adoption Support leave and pay will not be affected.

5. Sickness absence following maternity support

Absence following the end of the period of Maternity Support leave and supported by a Medical Certificate will be managed in accordance with the University's arrangements for sickness absence.

6. Rights and obligations during leave

During a period of Maternity Support leave, the employee is entitled to the benefit of all of his or her terms and conditions of employment (except for payment of wages or salary which is dealt with in paragraph 5 above) which would have applied had he or she not been absent. Therefore, the absence shall be regarded as continuous service with the University for the purposes of seniority; pension; redundancy and other similar rights. In this connection, it is agreed:

(a) Pension rights and contributions shall be managed in accordance with the provisions of the relevant University superannuation scheme, providing that these provisions do not conflict with any relevant statutory requirements that may apply at the time.

(b) The employee shall be entitled to receive normal annual increments on his/her salary scale in accordance with his/her contract of employment, to take effect from the normal incremental date.

7. Employees not returning to work

An employee on Maternity Support Leave who decides not to return to work must comply with his or her obligation to give notice as set out in his or her contract of employment.

This policy will be regularly reviewed by the University and may be ended or amended at any time. The University may omit any element of this policy where it considers appropriate.

Updated: 7 April 2005

UNIVERSITY of GLASGOW