w4mp | eni | Maternity Leave and Pay Factsheet

The DFA have provided us with this factsheet which is written for Members. It reflects legislation which has recently taken effect and will be of interest to Staff. The information is correct at May 2007 but may be subject to revision at a later date.

This fact sheet has been designed to provide you with a brief guide to Maternity entitlements for your staff. This includes the changes to the law brought in by the Work and Families Act 2006 and take effect from 1 April 2007.

All employees are entitled to 52 weeks maternity regardless how long they have worked for you. The first 26 weeks is called ordinary maternity and the following 26 weeks is called additional maternity leave.

By law all women must take a period of at least 2 weeks maternity leave following childbirth for their own health and safety. It is unlawful to allow a woman to return to work during this two week period.

2.1 Employees, who have completed 26 weeks continuous service by the 14^th week before their expected week of childbirth, are contractually entitled to 39 weeks maternity pay.

2.2 The first 26 weeks of maternity leave will be paid at the employee’s rate of pay. The 13 weeks maternity leave following this will be at the rate of Statutory Maternity Pay (currently £112.75 per week). The remaining 13 weeks will be unpaid.

2.3 If you do not meet the qualifying period for maternity pay as detailed above then you still maybe entitled to maternity allowance available from your local social security office.

3.1 If your employee qualifies for contractual maternity pay; during the first 13 weeks of the additional maternity leave period, you may use your Staffing Allowance to increase adoption pay from the statutory amount (currently117.85) to your employee’s full rate of pay.

If you choose to do this, you should confirm these payment details to the Payroll and Payments team in the Department of Finance Administration

You may wish to note that financial assistance, called Temporary Secretarial Allowance (TSA) to help you cover the extra staffing costs incurred to replace your employee while she is on maternity leave, is not available during the additional maternity leave period (See Section 10 on Temporary Secretarial Allowance).

4.1 To claim maternity leave, your employee should notify you no later than the end of the 15^th week before their expected week of childbirth that:

4.2 If your employee wishes to change the start date of maternity leave they may do so but must give you 28 days notice of this change.

5.1 Once your employee has confirmed her intentions you must write to them within 28 days, confirming her expected date of return to work and the expiry date of maternity leave.

You should then send this information including a copy of the MATB1 and any payment details to the Payroll and Payments team, Department of Finance and Administration, 3^rd Floor, 7 Millbank.

6.1. If your employee wishes to change her return to work date she may only do so by giving you at least 8 weeks notice of this change.

If your employee fails to give you notice, or gives insufficient notice, of the change in this date, you have the right to postpone her return date until the date whereby 8 weeks notice has been given or until the end of her maternity leave period.

7. Will her terms and conditions be affected during ordinary and additional maternity leave?

7.1 During ordinary maternity leave, your employee will continue to benefit from the terms and conditions of employment which would have applied had she been at work instead of on leave. (An exception to this is the salary for staff who do not qualify for paid maternity leave).

7.2 During the additional maternity leave period, terms and conditions may vary slightly, for example salary is either reduced or not applicable. Your Employee will continue to accrue annual leave however this will be at the statutory rate (currently 20 days per year).

8.1 Your employee also has the right to a reasonable amount of paid time off to attend ante-natal care or medical appointments relating to her pregnancy.

8.2 You would need to ensure that you have conducted an adequate risk assessment of the work station and work environment to minimise any risks that may affect the employee or her unborn baby.

9.1 If your employee is ill during the 4 weeks prior to giving birth and the illness is related to her pregnancy, her maternity leave period will start automatically on the first day of her sickness absence.

9.2 If she is ill but it does not relate to her pregnancy then normal sickness absence procedures would apply.

10.1 You are allowed to have reasonable contact with your member of staff during the maternity leave period as an aid to assist communications and provide or share information during this time.

10.2 Also From the 1 April 2007 staff on maternity leave may undertake up to 10 days work for you without losing their right to maternity pay. This could include days to attend training. You would however, need to gain the agreement of your member of staff, should you wish for them to carry out work during this period.

11. Do I receive any support to help cover the absence of my employee while she is on maternity leave?

You may be able to receive financial assistance to help you cover the extra costs that may be incurred to while your employee is on maternity leave through the Temporary Secretarial Allowance (TSA). If you would like further information on TSA please contact the Enquiries and Advice Team in the Department of Finance and Administration on 020 7219 1340.

12. Are their any other entitlements that my employee may request?

12.1 Your employee maybe entitled to request parental leave or flexible working. Should you require more information on any of these areas please consult the relevant fact sheet.

13.1 Should you require further information or advice, please contact the Personnel Advice Service on 020 7219 2080.

13.2 You can also refer to the DTI guide: Maternity Rights, a Guide for Employers and Employees or Work and Families Act 2006.

The Personnel Advice Service for Members has produced this document for general guidance only. It is not intended to replace specific legal advice and should not be a substitute for seeking appropriate legal advice as necessary. For additional support and guidance please contact a member of the PAS team on 0207 219 2080.