Statutory Maternity Leave Policy

Policy on maternity leave
University Maternity Leave Scheme
Statutory Maternity Leave entitlement
Additional provisions applicable to all schemes
Returning from maternity leave
Records and notifications to the Salaries Office
Review

1. Policy on Maternity Leave

The University is fully committed to helping working parents balance work and family life, whilst this is compatible with the interests of the University.

The University's policy on maternity leave has been revised to reflect the provisions of the Work and Families Act 2006 and the Maternity and Parental Leave etc and the Paternity and Adoption Leave (Amendment) Regulations 2008.

Please note that this policy relates to pregnant staff members and new mothers.

The University also provides a range of support for women returning to work following maternity leave, including the Women Academic Returners' Programme, the Childcare Voucher Scheme and policies on flexible working arrangements. Further information can be found via the links on the right of this page.

Queries on the application of this policy should be directed to the Department of Human Resources.

2. University Maternity Leave Scheme

2.1 Criteria for Eligibility

All pregnant employees are entitled to take up to a maximum of 52 weeks maternity leave, combining both paid and unpaid leave. This is regardless of the number of hours they work or their length of service.

A female member of staff is entitled to the University of Sheffield maternity leave scheme as set out in this document provided that she meets the following criteria:

She will have had at least 12 months continuous service with this University by the expected week of childbirth (EWC) which means the week, starting on a Sunday, during which the member of staff’s doctor or midwife expects her to give birth.
She provides a written undertaking to return to her post for a minimum of three months following the end of her maternity leave period.

Staff who qualify for the University maternity leave scheme based on the above criteria should refer to the University´s maternity leave policy using the quick links on the right of this page. This policy relates to the statutory maternity provisions.

2.2 Notification of pregnancy and risk assessments

On becoming pregnant, a member of staff should notify her line manager as soon as possible. In the event of a member of staff being employed on work which may endanger her pregnancy, arrangements will be made to protect both the mother and the unborn child. Similar conditions will apply to breast feeding mothers and new mothers following the birth. Requests for easing of heavy or arduous workloads during pre- and post-natal periods will be treated sympathetically.

The University has an obligation to assess any risks to health and safety and possible adverse effects on pregnant or breastfeeding mothers within the workplace. Work should be modified if significant risks are identified. Legislation implementing the European Directive on Pregnant Workers (1992) requires employers to provide safe systems of work to all women of reproductive age, their unborn children and all working mothers who are breastfeeding.

The specific regulations that protect the health and safety of new and expectant mothers are the following:

The Management of Health and Safety at Work Regulations 1999 (MHSW) include regulations that protect the health and safety of new and expectant mothers who work.

Under the Equality Act 2010, if an employer fails to protect the health and safety of their pregnant workers, it would be considered to be discrimination on the grounds of pregnancy and maternity.

The regulations cover female employees (women of childbearing age) who are, or in the future could be, a new or expectant mother, have given birth within the previous six months, or are breastfeeding.

It is important that staff inform their manager as soon as they are pregnant so they can carry out the specific risk assessment together. The risk assessment form may be downloaded using the link on the right of this page. It is advisable for the member of staff to pass any relevant information received from their doctor or midwife that could impact on the assessment.

The risk assessment should be monitored and reviewed on a regular basis. If an individual thinks they have been exposed to a risk at work, they should discuss this with their manager, in order that the risk assessment can be reviewed.

HSE's New and expectant mothers at work (www.hse.gov.uk/mothers/) has a useful guide for employers providing more detail on these risks and what employers must do to avoid them. Individuals can ask to see the outcome of the risk assessment and line managers must make this available.

On returning to work it is important to that members of staff notify their manager that they are breastfeeding. A risk assessment should then be conducted. The risk assessment form may be downloaded using the link on the right of this page. The Health and Safety Executive (HSE) recommends to employers that it is good practice to provide a private, healthy and safe environment for nursing mothers to express and store milk.

2.3 Application for maternity leave

By the end of the 15th week before the expected week of childbirth (the `qualifying week´), or as soon as reasonably practicable afterwards, the member of staff is required to inform the University in writing of:

the fact that she is pregnant
her expected week of childbirth
the date on which she intends to start and end her maternity leave.

This notification can be done by means of the University´s maternity leave notification form (Maternity 1) and passed to their customary contact within the Department of Human Resources by the Head of Department. The notification should be supported by a medical certificate (MATB1 Certificate), which confirms the expected week of childbirth and should be forwarded to the Department of Human Resources as soon as it becomes available.

Members of staff may bring forward their maternity leave start date, providing they inform their Head of Department and the Department of Human Resources in writing at least 28 days in advance (unless this is not reasonably practicable). The member of staff may also postpone her maternity leave start date, provided that she advises her Head of Department and the Department of Human Resources in writing at least 28 days before the original proposed start date.

Following receipt of the completed and signed Maternity 1 form, the Department of Human Resources will write to the member of staff to acknowledge the notification and confirm the maternity leave arrangements as appropriate.

2.4 Starting Maternity Leave

The earliest date maternity leave may begin is 11 weeks before the EWC. Maternity leave can commence on any day of the week.

If the birth occurs earlier than anticipated, and prior to the planned maternity leave period, maternity pay and leave will start automatically. In these circumstances, the Head of Department should be notified of the revised commencement of maternity leave as soon as is reasonably practicable who in turn will inform the Department of Human Resources.

2.5 Time off for antenatal care

Once a member of staff has advised the University that she is pregnant, she will be entitled to take reasonable paid time off work to attend appointments as advised by her doctor, registered midwife or registered health visitor. Antenatal care may also include other appointments that the member of staff has been advised to attend by her doctor, midwife or health visitor, in addition to medical examinations. Evidence of appointments may be requested.

The member of staff should endeavour to give her line manager as much notice as possible of antenatal appointments and, wherever possible, try to arrange them as near to the start or end of the working day as possible.

2.6 Sickness Absence

If a member of staff is absent from work during pregnancy due to ill health, she will receive the normal contractual sick pay in the same manner as she would during any other sickness absence, provided that she has not yet begun her maternity leave. If, however, the member of staff is absent from work due to a pregnancy related illness after the beginning of the fourth week before her expected week of childbirth, her maternity leave will start automatically.

If a member of staff is absent from work wholly or partly because of pregnancy during the four weeks before the expected week of childbirth, she must notify the University in writing of this as soon as reasonably practicable.

3. Statutory Maternity Leave Entitlement

The maximum Maternity Leave period, combining paid and unpaid leave, is 52 weeks.

3.1 Statutory Maternity Pay (SMP)

To qualify for SMP, a pregnant member of staff must satisfy all of the following conditions:

have been continuously employed by the University for at least 26 weeks at the 15th week before the expected week of childbirth (EWC). The 15th week before the EWC is known as the qualifying week.
have average weekly earnings in the eight weeks up to and including the qualifying week which are at least equal to the lower earnings limit for the payment of National Insurance contributions.
pregnant at the 11th week before the EWC (or have had the baby by that time)

Provided that all the above conditions have been satisfied, a member of staff will be entitled to receive:

an earnings-related element equivalent to 90% of her full salary for the first six weeks; and
a flat rate payment for a further 33 weeks, which is the lesser of the standard rate of SMP (paid at a rate set by the government for the relevant tax year, as of 6 April 2011 £128.73 per week) or 90% of the member of staff’s average weekly earnings calculated over a period of eight weeks up to and including the qualifying week.

These payments will be made via the University payroll and will be subject to tax, national insurance and pension contributions (if a member).

Staff may not return to work until at least two weeks from the date of childbirth. At any time thereafter, staff may return to work within the paid leave period, but will forfeit entitlement to statutory maternity pay in these circumstances (with the exception of up to a maximum of 10 keeping in touch days, details on which can be found in Section 4.6). Where wishing to return before the end of the paid leave period, staff should confirm their intention in writing to the Department of Human Resources.

3.2 Unpaid Maternity Leave

In addition to statutory maternity pay, a member of staff is entitled to take unpaid maternity leave.

The maximum paid and unpaid maternity leave period is 52 weeks. Annual leave entitlement may be used to offset periods of unpaid maternity leave.

3.3 Maternity Allowance (MA)

If a member of staff is not entitled to SMP she may make an application for Maternity Allowance for a maximum period of 39 weeks. Members of staff wishing to claim MA should ask for an MA claim pack at their Jobcentre Plus/Social Security Office.

In addition to MA, a member of staff is entitled to take unpaid maternity leave.

The maximum paid and unpaid maternity leave period is 52 weeks. Annual leave entitlement may be used to offset periods of unpaid maternity leave.

3.4 What are my entitlements to Statutory Maternity Pay and Leave?

Each individual's entitlement will be dependent upon her particular situation, as follows:

Staff members who do not wish to return to work following the birth:

with less than 26 weeks continuous service by the 15th week before the EWC must personally apply for Maternity Allowance.
with at least 26 weeks continuous service by the 15th week before the EWC and earnings throughout this period of not less than the lower earnings limit for National Insurance contributions, will be eligible for SMP.

Staff members who wish to return to work following the birth:

with less than 26 weeks continuous service by the 15th week before the EWC will be eligible for 52 weeks maternity leave, but must personally apply for maternity allowance.
with at least 26 weeks continuous service with the University by the 15th week before the EWC are entitled to 52 weeks maternity leave (made up of 39 weeks SMP and either unpaid and/or annual leave)

Staff members who are uncertain of their maternity leave entitlements should contact the Department of Human Resources to discuss their individual situation.

4. Additional Provisions Applicable To All Schemes

4.1 Additional Paternity/Partner Leave (APL)

Where a mother's baby is due on or after 3 April 2011, their partner/father of the child may be eligible to take Additional Paternity/Partner Leave (APL) of up to 26 weeks to care for the child. The earliest that APL may commence is 20 weeks after the date on which the child is born, and it must end no later than the child´s first birthday.

In order to gain APL various eligibility criteria must be met and your partner/father of the child must apply for the leave from their own employer. Your Partner's application process may require you to sign a declaration confirming the details of your own maternity leave and pay. Alternatively or in addition to this, their employer may also as part of their procedure request further information from TUOS as to your maternity leave. If this is the case, this will not be provided without first gaining your consent.

Details of the University's APL scheme is now available via the Human Resources web pages. Should your partner decide to apply for APL you will still need to complete the relevant maternity leave notification process for the period of maternity leave/pay you wish to apply for.

4.2 Accrual of Leave During Maternity Leave

Contractual annual leave will be accrued during the whole period of maternity leave.

Entitlement to public holidays will be accrued during maternity leave in accordance with the University's Guidelines on Public Holidays and Closure Days Entitlements for Part-time Staff.

Annual leave may be taken at the end of the full maternity leave period. A maximum of 5 days annual leave can be carried over from one annual leave period to the next, subject to approval by the Head of Department.

4.3 Superannuation Contributions

During periods of statutory pay superannuation deductions will be deducted as a percentage of the actual salary payment received, while full pensionable service will be credited (i.e. the University's contributions will be based on the salary that would have been received had the staff member not been on maternity leave).

During periods of unpaid maternity leave a staff member's membership of the superannuation scheme will be suspended. If a staff member wishes to continue with superannuation contributions over this period, she would have to cover the cost of both the staff member's and the employer's contribution.

Please contact the Superannuation Section of the Salaries Department to discuss any other superannuation/pension matters.

4.4 Other contractual entitlements

During the whole period of maternity leave the staff member is entitled to receive all her contractual benefits with the exception of remuneration. This includes all non-cash benefits such as childcare vouchers.

4.5 Meaning of Childbirth

The definition of childbirth, for the purpose of determining eligibility for both the Statutory and University Schemes, means the live birth of a child, or a still birth after a pregnancy lasting at least 24 weeks.

4.6 Contact during Maternity Leave

Shortly before a member of staff's maternity leave starts, the Head of Department/line manager will discuss the arrangements for her to keep in touch during her leave, should she wish to do so. The University has the right in any event to maintain reasonable contact with the member of staff from time to time during her maternity leave. This may be to discuss the member of staff´s plans for return to work, to discuss any special arrangements to be made or training to be given to ease her return to work or simply to update her on developments at work during her absence.

4.7 Keeping-in-touch days

Except during the first two weeks after childbirth, an employee can agree to work for the University (or to attend training) for up to 10 days during her maternity leave period, without that work bringing the period of her maternity leave to an end and without loss of a week's statutory maternity pay. These are known as `keeping-in-touch´ days. Any work carried out on a day shall constitute a day's work for these purposes.

The University does not have the right to require a member of staff to carry out any work, and the member of staff has no right to undertake any work, during her maternity leave. For any work undertaken, the member of staff will receive time off in lieu equivalent to one day, or payment for one day´s work. This should be agreed in advance of the keeping-in touch day being undertaken.

Any keeping-in-touch days worked do not extend the period of maternity leave. Once the keeping-in-touch days have been used up, the member of staff will lose a week's SMP for any week in which she agrees to work for the University. Such situations should be discussed with the customary HR contact within the Department of Human Resources in advance.

5. Returning from Maternity Leave

Following maternity leave a staff member must not return to work until at least 2 weeks after the birth.

The member of staff will have been advised in writing by the University of the date on which she is expected to return to work. The member of staff is expected to return on this date, unless she notifies the University of alternative arrangements.

Whilst the member of staff is under no obligation to do so, it would assist the University if she confirms to her Head of Department/line manager as soon as convenient during her maternity leave that she will be returning to work as expected.

If a member of staff wishes to return to work earlier than the expected return date, she must give the University at least eight weeks' notice of her date of early return, in writing. If the member of staff fails to do this the University reserves the right to postpone her return to such a date as will give the University eight weeks' notice, provided that this is not later than the expected return date.

It is imperative that the Department of Human Resources are notified as soon as possible if the date of return changes to ensure that the salary of the staff member is not adversely affected.

If a member of staff decides not to return to work after maternity leave, she must give notice of resignation as soon as possible and in accordance with her terms and conditions. If the notice period would expire after maternity leave has ended, the University may require the member of staff to return to work for the remainder of the notice period. If a member of staff has opted for the University's maternity leave scheme the University will reclaim the whole or part of the non-statutory element of maternity pay if the member of staff fails to return to work and continue in employment for at least 3 months (as detailed in Section 3.3).

5.1 Ill Health

If a member of staff is unable to return to her post at the end of her maternity leave due to ill-health this will be regarded as due to that cause and her rights to pay will be governed by the University's conditions of service relating to ill-health. A medical certificate will be required for absence immediately following on from the date of the end of the maternity leave.

5.2 Rights on or after return to work

On resuming work after ordinary maternity leave (first 26 weeks), a member of staff is entitled to return to the same job as she occupied before commencing maternity leave on the same terms and conditions of employment as if she had not been absent.

On resuming work after additional maternity leave (after 26 weeks' ordinary maternity leave) a member of staff is entitled to return to the same job as she occupied before commencing maternity leave on the same terms and conditions as if she had not been absent. However, if it is not reasonably practicable for the University to allow the member of staff to return to the same job, the University may offer the member of staff suitable alternative work, on terms and conditions that are no less favourable than would have applied if she had not been absent.

5.3 Flexible Working Arrangements

Full consideration will be given to requests from members of staff who wish to change their working commitment and/or arrangements upon returning from maternity leave. Staff members should submit requests as far in advance of the return date as reasonably practicable, to allow adequate time for the request to be fully considered and where appropriate, the necessary Departmental arrangements to be put in place. For further details please refer to the University's policies and procedures on flexible working.

5.4 Continuity of Service

Where a member of staff returns to work following maternity leave, the period of absence due to maternity leave will not affect the individual's recognised continuous service for employment rights purposes e.g. redundancy, pensions etc. Therefore, she will be entitled to receive the customary annual increment on her scale in accordance with her normal increment date.

6. Records and Notification to the Salaries Office

On receipt of the completed forms and following written confirmation to the member of staff, the Department of Human Resources shall:

advise the Salaries Office that the staff member is eligible for maternity leave
place a copy of the request, and all subsequent information in relation to a request, upon the member of staff's personal file.

7. Review

This revised policy was implemented by the Department of Human Resources with effect from 5 October 2008. The policy is reviewed on a regular basis to ensure compliance with relevant legislation.

Department of Human Resources
06 April 2010