Maternity Leave Scheme

Definitions

Expected Week of Childbirth (EWOC) - the week, beginning with midnight between Saturday and Sunday, in which it is expected that childbirth will occur.

Qualifying Week (QW) - the 15th week before the EWOC

Statutory Maternity Pay (SMP) - this is paid by the University to female staff who meet the statutory conditions. The first 6 weeks of SMP are paid at 90% of the employee's average weekly earnings' and the remaining weeks are paid at the lesser of the SMP standard rate which is £117.18 or 90% of the employee's average weekly earnings.

Ordinary Maternity Leave (OML) - the period of 26 weeks during which the employee must continue to receive all contractual benefits except (unless otherwise agreed) wages and salary.

Additional Maternity Leave (AML) - the additional period of 26 weeks during which the contract continues, but only certain terms of the contract apply. If entitled to SMP, this will be paid for the initial 13 week period. The remaining 13 weeks will be unpaid.

Introduction

The current statutory requirements in UK and European legislation with respect to maternity leave and pay are provided for within this scheme. The University recognises the importance of supporting its employees in their personal obligations and in particular in their responsibilities as parents. As such the University's Maternity Scheme supports those obligations and provides enhanced provisions to those contained within statutory provisions. The policy sets out the obligations of employees who wish to exercise these entitlements.

Qualifying period for maternity leave schemes

Subject to the employee's compliance with the notification requirements set out below, all employees are entitled to take up to one year's maternity leave (52 weeks), regardless of their length of service.

The employee's length of service with the University will determine whether or not the employee will be entitled to the enhanced University Maternity Leave Scheme. To qualify for the enhanced scheme the employee must be employed by the University for a minimum of 52 weeks, by the end of the qualifying week.

Maternity pay entitlement

An employee within the University, with the appropriate qualifying service, who is absent from work on the grounds of pregnancy or childbirth, and who has given the appropriate notice will be granted either:-

UNIVERSITY MATERNITY LEAVE SCHEME

TO QUALIFY: 52 weeks continuous service with the University prior to the end of the qualifying week.

LEAVE: Qualifying employees will be able to take up to 52 weeks maternity leave.

PAY: Option A 8 weeks leave at full pay
16 weeks leave at half pay (SMP will also be paid at this time)
15 weeks leave at the appropriate rate of SMP
13 weeks AML unpaid

Option B 16 weeks leave at full pay
23 weeks leave at the appropriate rate of SMP
13 weeks AML unpaid

STATUTORY MATERNITY PAY SCHEME (SMP)

TO QUALIFY: 26 weeks continuous service with the University prior to the end of the qualifying week provided their average weekly earnings in the 8 weeks up to and including the qualifying week have been at least equal to the lower earnings limit for National Insurance Contributions

LEAVE: Qualifying employees will be able to take up to 52 weeks maternity leave

PAY: SMP 6 weeks leave at 90% of the employee's average weekly earnings
33 weeks at the lesser of SMP standard rate of £117.18 or 90% of the employee's average weekly earnings.
13 weeks AML unpaid

MATERNITY ALLOWANCE

TO QUALIFY: Employees who are not entitled to SMP but meet the qualifying conditions based on their recent employment and earnings may claim up to 39 weeks Maternity Allowance.

LEAVE: Qualifying employees will be able to take up to 52 weeks maternity leave

PAY: This is paid direct by Jobcentre Plus. Further details can be found on their website at: www.jobcentreplus.gov.uk/jcp/customers/workingagebenefits/dev_008115[1].xml.html

A Maternity Costs calculator is available on the Pay & Pensions website which will provide an estimate of how much you will be paid at each stage of your pregnancy:
www.gla.ac.uk/services/finance/staff/pay/maternitycostcalculator.htm

Ante-natal care

A pregnant employee will be allowed to take reasonable time off without loss of pay, to attend ante- natal appointments made on the advice of a medical practitioner, registered health visitor or registered midwife, regardless of her length of employment with the University. Employees may be requested to provide evidence of appointments to the University.

Notification of pregnancy

To assist the University in discharging its responsibilities towards the health and safety of a pregnant employee and her unborn child, written notification to the relevant Head of Department and Health and Safety Officer must be made at an early stage in the pregnancy. This is to ensure that a risk assessment of your workplace can be carried out as soon as possible. Further information on this can be found on the Safety and Environmental Protection Services website at: www.gla.ac.uk/services/seps/occupationalhealth/preganancy.html

The notification requirements are the same regardless of whether the employee qualifies for the University Maternity Scheme or Statutory Maternity Leave/Pay. Formal written notification of pregnancy should be given to the Human Resources Department, supported by a Maternity Certificate (MATB1), stating the expected week of confinement, no later than the end of the qualifying week or as soon as is reasonably practicable. This notification should state that the employee is pregnant and should indicate when the employee intends her leave to commence. If the employee meets the criteria to qualify for the University Maternity Leave Scheme they should also indicate which Option (A or B) they will be taking.

The University will respond formally in writing within 4 weeks following the notification of maternity leave. The notification will set out the date on which it is expected that the employee will return to work if utilising her full entitlement to maternity leave. Entitlement to maternity leave will be calculated from the agreed date of cessation of work, or from the day after the actual date of cessation of work, if earlier.

Commencement of maternity leave

The employee may commence maternity leave at any time from 11th week before the expected week of confinement up to the date of birth, provided that the notification procedures have been complied with.

Maternity leave will automatically commence in the event of absence from work for any pregnancy related illness during the four weeks prior to the commencement of the EWOC, regardless of when maternity leave was actually planned to begin. Maternity leave will begin automatically on the day after the first day of the employee's absence from work in such cases. The employee is required to inform the University that she is absent from work wholly or partly because of pregnancy and of the date on which her absence for that reason began, as soon as possible.

If an employee gives birth before the employee's maternity leave period was due to commence, she must notify the University as soon as is reasonably practicable of the date on which she gave birth and if she has not already given it, evidence of the date the baby was expected. In this instance, the maternity leave period will commence automatically on the day after the date of birth.

During maternity leave

During the maternity leave period the employer and the employee may make reasonable contact with each other. What constitutes reasonable will vary according to individual circumstances and should be agreed between both parties prior to the commencement of maternity leave.

'On agreement with the Head of Department, employees may now also work up to a maximum of 10 days during the maternity leave period. This may be undertaken at any stage during the maternity leave, except within the first 2 weeks after the baby is born. Keeping in touch days are by mutual agreement. The employee can't be required to undertake these and the University is not obliged to agree to this. Employees will receive the normal hourly/salary rate for the hours worked during 'keeping in touch days'. This will be calculated inclusive of any maternity payment the individual is receiving at the time. For example, if an individual is receiving half maternity pay, they will receive an additional 50% of the full hourly rate normally paid for the post. Staff receiving full maternity pay will not receive any additional payments. If the member of staff is receiving no pay, they will receive the full hourly/salary rate for the hours worked. The type of work undertaken should be agreed between the employee and their Head of Department. KITD can include training courses, staff meetings, away days, performance & development reviews etc and should not be restricted to the performance of the employees normal duties. It is the responsibility of the Department to monitor any time worked and to complete and return the KITD form directly to the payroll department within 5 days of attending work.'

Keeping in Touch (KIT) day claim form

Return to work

If the employee intends to return to work before the end of her full maternity leave period (52 weeks) she must give 8 weeks notice, in writing, to her Head of Department and Human Resources. If the required notice is not given, the Head of Department may postpone her return until the full 8 weeks notice has been given. Please note, the law requires that an employee take a minimum of 2 weeks maternity leave following the birth of the baby.

The employee will generally return to the job in which she was employed prior to OML, and on the terms and conditions applicable to her post as if she had not been absent.

On return from any period of AML, or period of OML which has been taken consecutively, the employee is normally entitled to return to the job in which she was employed before the leave. However, if that is not reasonably practicable, she will be entitled to return to another job which is both suitable and appropriate for her to do in the circumstances.

Employees not returning to work

If the employee does not intend to return to work, she must comply with her obligation to give notice as set out in her contract of employment.

The University will reclaim the whole or part of the non-statutory element of maternity pay if the employee fails to return to work for at least 3 months following her return from maternity leave.

Rights and obligations

During the period of OML the employee is entitled to the benefit of all of her terms and conditions of employment (except for payment of wages or salary) which would have applied had she not been absent.

Where an employee exercises her right to return to work following a period of maternity leave, the absence will be regarded as continuous service with the University for the purpose of seniority, pension rights, redundancy rights and other similar rights.

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 statutory requirements that may apply at the time.

The employee will be entitled to receive the normal annual increments on her salary scale in accordance with her contract of employment, to take effect form the normal incremental date.

Periods of maternity leave will count towards the calculation of annual leave entitlement although employees will not accrue public or other holidays during any period of additional maternity leave. Only statutory holidays will accrue during this time, which is calculated at a rate of 20 days per year (pro rata). Any accrued annual leave may be used in lieu of an equivalent amount of unpaid maternity leave subject to the approval of the Head of Division.

Sickness absence associated with pregnancy/childbirth

Any absence following the end of the period of maternity leave which is supported by a Medical Certificate, will be managed in accordance with the University's arrangements for sickness absence.

Other provisions

Average weekly earnings will be calculated in accordance with the statutory maternity pay regulations that may apply at that time.

There is no distinction between live and full term still births in the exercising of maternity leave. For this purpose, full term still births are those following at least 24 weeks of pregnancy.

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

Additional information

Information on the childcare voucher scheme can be found at: www.gla.ac.uk/services/finance/staff/pay/Childcarevouchers.htm

Details of the University's nursery can be found at:
www.gla.ac.uk/services/nursery

UNIVERSITY of GLASGOW