Chapter 14: Maternity, Adoption, Paternity, Additional Paternity, Parental Leave and Shared Parental Leave and Benefits
Total Page：16
File Type：pdf, Size：1020Kb
Chapter 14: Maternity, Adoption, Paternity, Additional Paternity, Parental Leave and Shared Parental Leave and Benefits 1. About this Chapter 1.1 This chapter explains: • your rights and responsibilities while you are pregnant, and on maternity leave • details of arrangements for antenatal care, pregnancy-related illness and maternity leave and pay • your entitlements, including your entitlement to fair treatment, while you are pregnant or on maternity leave • your entitlement to adoption leave • your entitlement to paternity leave • your entitlement to unpaid parental leave • your entitlement to shared parental leave. 2. Maternity Leave 2.1 You will find more details about your rights, responsibilities and entitlements in the booklet ‘Maternity Leave and Pay: a Guide for Employees’ which is available from HR or on the Intranet at: Maternity Leave and Pay: a Guide for Employees ( PDF 508 KB) 2.2 In this section, the following definitions are used: • “Childbirth” means either the live birth of a child, or a stillbirth, after a pregnancy lasting 24 weeks or more. If your baby is stillborn after 24 weeks you are still eligible to receive the full normal allowance of paid and unpaid leave and pay as explained below. • “Expected Week of Childbirth” or “EWC”, is the week, starting on a Sunday, during which your doctor or midwife expect your baby to be born. • “Qualifying Week” (QW) means the 15th week before the expected week of childbirth. Notifying the House of Commons Service 2.3 As soon as possible after your pregnancy is confirmed, and no later than the end of the 15th week before your expected week of childbirth (EWC), you must tell your Line Manager, in writing, that you are pregnant and wish to take maternity leave, the week in which your baby is due, and the date you want your maternity leave to start. PART 3 / CHAPTER 14 Last Updated August 2017 2.4 Corporate Services will respond directly to you within 28 days of receiving notification of your pregnancy from your Line Manager. They will ensure you have the Booklet ‘Maternity Leave and Pay: a Guide for Employees’. This booklet includes HOC MAT FORM 1 where you will formally record your intention to take maternity leave. Corporate Services will use the information on this form to calculate your leave and pay entitlements. 2.5 You can change your mind about when you would like to take your maternity leave providing this is notified at least 28 days in advance of the new date unless you give birth before your maternity leave was due to start (see paragraph 2.15 below). Time off for antenatal care 2.6 You will receive reasonable time off (with pay) for medical and antenatal appointments (such as medical examinations and appointments with your midwife) and also, for example, for antenatal, relaxation or parent craft classes. You must be prepared to show your Line Manager: • A certificate to say that you are pregnant. This can come from a registered practitioner, registered midwife or registered health visitor, and • An appointment card or other details of the appointment. If this is not a medical appointment, you may need to show that the appointment is made on the advice of a medical practitioner, midwife or health visitor (this does not apply for your first appointment). 2.7 Fathers to be or the partner (spouse, civil partner or partner) of a pregnant person may take paid special leave to accompany the person to up to two ante natal care appointments which have been made on the advice of a registered medical practitioner, midwife or nurse. You should ask your partner to arrange appointments outside of your working hours where possible or at a time which will minimise disruption to normal business. A suitable place to rest and express milk 2.8 When you are pregnant and still at work, and after you return to work if you are breastfeeding, you should be given a suitable place to rest. If you need a place to rest or to express milk ask your Line Manager or HR where the most convenient location for you is. Staff who need to may use the Babycare Room which is situated on the Upper Committee Corridor in the Palace. The right not to be subjected to detrimental treatment 2.9 You have the right not to be victimised, penalised or subjected to any other detriment for taking advantage of your rights in pregnancy childbirth or maternity. You will not be penalised, for example, for a pregnancy-related absence. 2.10 Corporate Services will record pregnancy-related absence separately if it is identified as such on the sick certificate or Fit Note. Pregnancy-related absence will not be taken into account when considering absence levels with a view to attendance management action. It PART 3 / CHAPTER 14 Last Updated August 2017 is the policy of management, however, to review absences at the 10-day level, and pregnancy-related absence will be included in this, but will be discounted. 2.11 Antenatal appointments will be recorded in the same way as other health appointments. None of these appointments will be counted for the purpose of the 10-day review or when attendance management is being considered. Entitlement to annual leave while on maternity leave 2.12 You continue to accrue annual leave during maternity leave but cannot take it during your maternity leave. You should take any accrued annual leave either just prior to or immediately following your maternity leave. Any request for annual leave should be made in the usual way. 2.13 If the leave year ends during your maternity leave you will be able to carry over any outstanding leave into the new leave year. However, any leave carried over must be taken immediately at the end of your maternity leave before your return to work. Maternity leave entitlement 2.14 All pregnant employees, regardless of their length of service, are entitled to Ordinary Maternity Leave (OML) of 26 weeks and Additional Maternity Leave (AML) for a further 26 weeks. Ordinary maternity leave can begin at any time after the start of the 11th week before your expected week of childbirth and will start on whichever date is earlier of: • your chosen start date • the day after you give birth • the day after any day on which you are absent for a pregnancy-related illness in the four weeks before your expected week of childbirth. 2.15 If you give birth before your maternity leave was due to start you must let your Line Manager know as soon as reasonably practicable as your maternity leave and any maternity pay will need to be recalculated. 2.16 The law obliges all employees to take a minimum of two weeks Compulsory Maternity Leave (CML) immediately after the birth of their child. Maternity pay entitlement (see tables below) 2.17 The pay you receive during your maternity leave will depend upon your length of service by your Qualifying Week (see paragraph 2.2 above). If you have completed: • Less than 26 weeks’ service by your Qualifying Week, you will not receive any salary, nor will you be eligible to receive any Statutory Maternity Pay (SMP). You may, however, be able to claim Maternity Allowance from Jobcentre Plus. Your HR Adviser will give you a Form SMP1 which you should take to Jobcentre Plus to make your claim. PART 3 / CHAPTER 14 Last Updated August 2017 • More than 26 weeks, but less than one year of service by the Qualifying Week, you will not receive any salary but you will be eligible to receive SMP for the whole of your ordinary maternity leave and for the first 13 weeks of additional maternity leave (39 weeks in all). This will be paid by the Payroll team in the same way as your normal salary. • At least one year of continuous service by the 11th week before your Expected Week of Childbirth (EWC) you will normally be entitled to full House of Commons maternity pay. This is your full salary (an element of which will be SMP) and will be paid for the whole of your ordinary maternity leave (26 weeks). After this, SMP will continue for the first 13 weeks of your Additional Maternity Leave. 2.18 If your average earnings in the qualifying week are below the Lower Earnings Limit for national insurance contributions (NIC) you will not qualify for SMP but you may be able to claim Maternity Allowance from Jobcentre Plus. The final 13 weeks of additional maternity leave is unpaid. 2.19 The following tables show the different maternity leave and pay entitlements: Staff with less than 26 weeks’ continuous service ending with the Qualifying Week may be entitled to: Weeks 1 - 26 27 - 39 40 - 52 Pay Maternity Allowance Maternity Allowance No Pay Leave Ordinary Maternity Leave * Additional Maternity Leave Additional Maternity Leave Staff with 26 weeks’ continuous service (but less than one year) ending with the Qualifying Week will normally be entitled to: Weeks 1 - 6 7 – 26 27 - 39 40 - 52 Pay SMP Higher Rate SMP Lower Rate SMP Lower Rate No Pay Ordinary Maternity Ordinary Maternity Additional Additional Leave Leave * Leave * Maternity Leave Maternity Leave Staff with one year’s continuous service or more by the beginning of the 11th week before the EWC will normally be entitled to: Weeks 1 - 26 27 - 39 40 – 52 House Of Commons Maternity Pay Pay SMP Lower Rate No Pay (Full Pay) Additional Maternity Additional Maternity Leave Ordinary Maternity Leave * Leave Leave *During OML, the two weeks following the birth of your baby are Compulsory Maternity Leave when you may not return to work.