Download 1 - Nottingham University Hospitals NHS Trust

MATERNITY LEAVE AND PAY
Manager’s Guide
Introduction
The rules covering maternity leave and pay are fairly complex; these notes are a
straightforward summary of the actions managers need to take.
1
Prior to Maternity Leave
1.1
How soon after being informed of a pregnancy does a manager need to
take action?
There are a number of points that need to be covered when you are informed
that a member of staff is pregnant: Under Health and Safety regulations, when you are informed that a member of
your staff is pregnant and it is confirmed with a medical statement you should
immediately undertake a risk assessment of the working environment and
practices. A copy of the Policy is available on the intranet via Staff Portal/
Policies and Trust Wide Procedures/Health & Safety/Safe Practice/New
and Expectant Mothers at Work Procedure.

There are a several other issues that you must discuss with your employee
and it is likely you will need to have more than one meeting with her. Firstly
you will need to discuss:
o which maternity leave/pay provisions apply to her (refer to Appendix
1a/1b);
o when her maternity leave is likely to start;
o Any queries she may have, and give her the “Employee’s Guide to
Maternity Leave and Pay” that can be downloaded from the Childcare
Intranet site.
o As the employee’s pregnancy progresses, you will need a further
meeting to discuss:
a) the paperwork to be completed; your employee must notify you, in
writing, of her intention to take maternity leave at least 15 weeks
before the expected week of childbirth (EWC). She must also
complete and submit the “Notification of Intention to take Maternity
Leave” (ML1) form for your information.
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b) the arrangements for her return to work, eg whether it will be to the
same job; part-time work or job share;
c) The arrangements for keeping in touch during the maternity leave.
These needs to include whether, and how, the employee would like
to be informed of Trust vacancies and promotion opportunities
during her leave. If changes to the service are being planned,
which impact on the employee, it is important to consult with her
while she is on leave.
d) When you have received the written notification from your
employee of her intention to take maternity leave, you must give
her written confirmation within 28 days by completing a maternity
schedule which should be completed and forwarded to pay
services together with the employees MATB1 Certificate.
1.2
If medical advice states that a pregnant employee is unable to do all or
part of her job because of pregnancy.
Wherever possible, alternative employment should be provided for which
normal pay will apply, alternatively it may be possible to make adjustments to
the current role. This must be agreed with the employee, and should not affect
the status of the employee. Occupational Health advice must be sought at the
earliest opportunity, to ensure that the revised role is suitable on health
grounds. If suitable alternative employment cannot be found for a pregnant
employee, she may have to be suspended on full pay (ie medical suspension)
until the date maternity leave is due to start. Advice must be sought from
Human Resources before taking such action.
It is important to understand that if alternatives are available, but not offered,
the employee has the right to make a complaint to an Employment Tribunal.
An employee can also complain to an Employment Tribunal if they believe they
have been discriminated against, for example if their job role was changed
without their agreement.
If the employee unreasonably refuses suitable alternative employment, she
may still be suspended, but this may result in unpaid leave until the date
maternity leave is due to start. Again, HR advice must be sought, before
taking such action.
1.3
How does sickness affect entitlement to maternity leave and pay?
If the employee is off sick prior to the 4th week before the baby is due, it is
treated in the usual way. If a pregnancy-related sickness absence occurs
during the 4 weeks before the expected week of childbirth, maternity leave will
commence. Occasional days of pregnancy related illness during this period
may be disregarded if the employee wants to continue working until the agreed
maternity leave commencement date. Sickness that is not pregnancy-related,
during the 4 weeks before the expected week of childbirth, is treated in the
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usual way.
1.4
What time off is given for ante-natal care?
Women must be allowed reasonable paid time off for ante-natal appointments.
These are generally defined as appointments that are advised by the GP or
midwife, and may also include relaxation and parent craft classes. After the
first appointment evidence of future appointments should be provided.
1.5
Arrangements to cover the maternity leave absence.
Options include a fixed term contract; sharing tasks between other staff; a
secondment opportunity for internal staff. Equal opportunity considerations
need to be taken into account, and an advertisement is usually required. You
should contact your link HR contact for advice and information.
1.6
Entitlement to maternity leave and pay for women on a fixed term
contract.
a
Subject to one year’s continuous NHS service at week 11 before expected
date of birth and their fixed term or training contract runs beyond the 39 week
period of statutory maternity leave, they will receive maternity pay in line with
permanent staff (including SMP if they are entitled to it – see Appendix 2 for
qualifying arrangements). They must return to work to complete their contract
or they will have to repay any maternity pay, to which they are not entitled.
b
Subject to one year’s continuous NHS service at week 11 before expected
date of birth and their fixed term or training contract expires after 11 weeks
before their baby is due, their contract will be extended to enable them to
receive maternity pay in line with permanent staff (including SMP if they are
entitled to it – see Appendix 2 for qualifying arrangements). Their contract will
end at the end of this 39 week period. Absence on maternity leave (paid or
unpaid) up to 52 weeks before a further NHS appointment does not constitute
a break in service.
c
If staff are entitled to receive SMP but do not have the service detailed in a)
and b) above, their contract will be extended to allow them to receive SMP for
the full 39 weeks.
d
If staff do not fit a, b or c above, they will leave on the date their contract
expires.
e
If the member of staff is a doctor or other employee participating in a planned
rotation of appointments as part of an agreed programme of training, they have
the right to return to work in the same post or the next planned post and their
contract will be extended to enable them to complete the agreed programme of
training.
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2
Maternity Leave
2.1
Maternity Leave entitlement
All women, regardless of length of service or how many hours they work, are
entitled to a minimum of 52 weeks maternity leave.
Details of leave and pay entitlements in relation to length of service are shown
in Appendix 1a to 1b depending on whether they are Agenda for Change or
Non Agenda for Change staff.
2.2
When does maternity leave begin?
The earliest maternity leave can begin is 11 weeks before the baby is due,
however, women may work up to the birth providing they can still do their job
and there are no health reasons to prevent it.
Maternity leave can start on any day of the week and employees should
discuss the commencement of their maternity leave with their manager
prior to completing the application to take maternity leave.
In the event of an employee having their baby early, maternity leave will
commence on the day after the baby is born.
If your member of staff intends to work later than 11 weeks before her baby is
due, but you, as her manager, are concerned that she may be putting her own
health, or that of the unborn child, at risk, you can arrange an Occupational
Health referral. If your member of staff has concerns about any aspects of her
work in relation to her pregnancy, she can also talk to Occupational Health.
2.3
If the employee intends to resign, rather than return to work, what
happens?
A discussion with the employee should take place to ensure that this is what
she really wants to do, as in resigning she will lose the right to return to work in
a job on the same terms and conditions.
If she is clear about her intention to resign, her entitlement to maternity leave
and pay is shown in Appendix 1. The effective date of leaving (ie the date to
be entered on the “T” form) will be the date that the employee advises her
maternity leave will end. As indicated in 2.4 below, annual leave continues to
accrue during the maternity leave period.
If she has decided that she is not returning to work, her maternity leave
will be paid as non-returning and therefore she will automatically be
taken out of the NHS Pension Scheme, however, pensionable service can
be extended for the duration of the 39 weeks statutory pay period. If she
has indicated that she is not returning to work, and wishes to continue to
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be a member of the pension scheme during this period, she will need to
inform pay services in writing that she wishes to take this option.
2.4
Entitlement to annual leave during maternity leave
Annual leave will accrue during paid and unpaid maternity leave, however this
does not include bank holidays as an employee has no statutory entitlement to
be paid for them.
As much annual leave should be taken before commencing maternity leave. If
the maternity leave period ends within the current leave year, employees may
request annual leave immediately following their maternity leave or to phase
their return in the initial weeks.
However, if maternity leave runs from one leave year to the next, and the
employee is prevented from taking annual leave prior to commencement of
their maternity leave, either because their baby is born early, they are admitted
to hospital, or are off sick, then they will be entitled to carry this leave forward.
Please note that this carry over relates to their entitlement to statutory holiday
of 28 days or pro-rata for part time staff. Therefore any leave taken prior to
maternity leave commencing, should be deducted from the statutory holiday
entitlement. Any leave agreed to be carried forward, should be taken at the
end of the maternity leave period or can be used to reduce the amount of
unpaid maternity leave if required.
In the event of a situation arising whereby the employee is prevented from
taking their leave entitlement due to the needs of the service, the manager
should contact a senior member of the HR Department to seek advice.
Women who do not intend to return to work after the birth of their baby are
entitled to accrue annual leave up to the date that they advise their maternity
leave will end.
Annual leave must be agreed between the manager and the employee in the
usual way.
2.5
What if the employee has a miscarriage?
Where an employee has a miscarriage before the 25th week of pregnancy,
normal sick leave provisions will apply.
2.6
What happens if the baby is Premature or Stillborn?
Where a baby is born and survives only for an instant, during any stage of the
pregnancy, the employee will still be entitled to receive the same amount of
maternity leave and pay as if the baby had survived.
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Where a baby is stillborn after the start of the 25th week of pregnancy, the
employee will be entitled to the same amount of maternity leave and pay as if
the baby had been born alive. However, where a baby is stillborn earlier than
the 25th week of pregnancy, the employee will not be entitled to SMP, but may
be entitled to Statutory Sick Pay. In these instances, please talk to pay
services for the employees’ entitlement.
2.7
What if the baby is born early?
If it occurs after maternity leave starts, entitlement is not affected. If it is before
maternity leave is due to start, maternity leave will start immediately.
If the baby is born earlier than the 11th week before the expected date of birth
and has to remain in hospital, you can agree for the employee to split their
maternity leave. They must take a minimum period of two weeks leave
immediately after the birth, returning to work for a period of 10 (Keeping-inTouch) days without this affecting their Statutory Maternity Pay then taking the
balance of their leave when their baby leaves hospital.
Please note: This will not affect their Occupational Maternity Pay but working
more than 10 days maximum will affect the amount of Statutory Maternity Pay
they receive. Statutory Maternity Pay is paid for a period of 39 weeks and
employees will be allowed to work a maximum of 10 days during the SMP
period without it affecting their SMP. However, if they work for more than 10
days, this will result in a loss of one weeks’ Statutory Maternity Pay for each
week that includes a working day.
2.8
What if an employee is unwell after her baby is born?
A woman cannot receive sick pay until the date she has previously said she
will return from maternity leave or, if she has not previously confirmed a date of
return, until her full entitlement to maternity leave has expired.
3
Financial Aspects of Maternity Leave
The amount of pay that an employee receives during maternity leave is
dependent on her length of service. Thus the pay received may be nil;
statutory maternity pay (SMP); contractual maternity pay; a combination of
contractual maternity pay and statutory maternity pay.
3.1
Occupational Maternity Pay
Subject to 1 year’s NHS service at week 11 before the expected date of birth,
and intention to return to work following the birth, women will receive 8 weeks
at full pay; 18 weeks at half pay. They may also be entitled to statutory
maternity pay (SMP) as shown in 3.2.
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
Continuous employment by NHS Professionals counts as continuous NHS
service.

A break in service of less than 3 months NHS employment does not count
in terms of contractual maternity pay.
By prior agreement, Occupational pay, may for the duration of Ordinary
Maternity leave, ie, the first 26 weeks, be paid in equal instalments.
3.2
Statutory Maternity Pay (SMP)
SMP is a Department of Work & Pensions (DWP) payment and women who
fulfil the criteria will receive it for a period of 39 weeks whether or not they
intend to return to work after their baby is born.
To qualify for SMP women must:

Have been employed by Nottingham University Hospitals Trust, for 26 weeks
up to and including the 15th week before the expected week of childbirth - this
15th week is known as the Qualifying Week (QW).

Still be pregnant at the beginning of the 11 th week before the expected week of
childbirth, or have given birth by that time.

Have ceased work for the Trust either wholly or partly as a result of pregnancy
or childbirth.

Have average earnings (*see below) that meet the lower earnings level for
National Insurance purposes.

Notify their manager at least 15 weeks before the week they commence
maternity leave.

Provide medical evidence of their expected date of childbirth. This will
normally be a Maternity Certificate (MAT B1) although a letter from their doctor
or midwife, giving the same information, is acceptable.

Not work for their employer more than 10 days during the SMP pay period.
(See Keeping-in-Touch days)
*(Average earnings for monthly paid staff are based on the actual earnings
during the 2 month pay period prior to week 15 (the Qualifying Week) before
the baby is due. For weekly paid staff it is actual earnings calculated over the
8 week period prior to the Qualifying Week). If you are unsure, please contact
pay services.
3.3
Keeping-in-Touch Days
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Employees will be allowed to work a maximum of 10 Keeping-in-Touch (KIT)
days without bringing SMP to an end.
KIT days must not be undertaken during the two weeks immediately after the
birth. The KIT days must be by mutual agreement only. Managers and
employees must agree what will actually be undertaken on these days. This
can include training or other activities to keep the employee in touch with their
role. There is no requirement for employees to undertake this work, nor is
there a requirement for managers to provide work.
KIT days should be recorded on Summary Sheets on line A with a ‘K’ and the
number of hours recorded on line B. Payment for hours worked will be in line
with the individual’s hourly rate.
3.4
Additional work during maternity leave.
During the additional maternity leave period, additional work can be
undertaken for another employer. This additional work must be undertaken in
accordance with the employees’ contract of employment with the Trust.
Therefore if they have a contract for 37.5 hours with defined hours, they can
only undertake bank work outside of those hours. It should be noted that bank
work should not be undertaken in an area of the Treatment Centre with a
Service Level Agreement, as potentially the position could be rotated into a
department within the Trust.
3.5
Does the DWP* pay SMP directly to the employee?
No. Providing the employee fulfils the conditions above, SMP is paid by the
employer, with 92% of the amount reclaimed via National Insurance
Contributions. This is automatically credited to the manager's budget via the
payroll system, thereby reducing the gross cost of maternity leave. (*Dept for
Work & Pensions formerly the Department for Social Security).
3.6
Do incremental dates apply during maternity leave?
Yes. Absence on maternity leave (whether paid or unpaid) counts towards
normal annual increments.
3.7
What happens to pension contributions?
Pension remains payable throughout a period of maternity leave.
Contributions are based on pay actually received during the period of paid
maternity leave. During unpaid maternity leave contributions are based on the
rate of pay immediately prior to unpaid leave.
If the employee has a period of unpaid maternity leave, outstanding pension
contributions will be deducted from pay when they return to work and
deductions will be over the same period as unpaid leave.
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All women have a right to 52 weeks maternity leave - 26 weeks Ordinary
Maternity Leave and 26 weeks Additional Maternity Leave. However, women
who do not intend to return to work after they have had their baby may choose
to extend their pensionable service for the 39-week statutory pay period and
continue to pay pension contributions, by informing Pay Services. If they
choose not to do this, their pensionable service will end on the date their last
contribution was paid.
Any payments made for KIT days will be non-pensionable.
3.8
Childcare Vouchers
The Trust runs a salary sacrifice scheme to enable staff to purchase childcare
vouchers to pay for childcare.
Changes to the Sex Discrimination Act and Parental Leave Regulations which
came into effect in October 2008 increase the length of time that employers
must provide childcare vouchers to employees on maternity leave.
For babies due on or after 5 October 2008 employees are entitled to continue
receiving childcare vouchers for weeks 1 to 26 (Ordinary Maternity Leave or
OML) and then for weeks 27 to 52 (Additional Maternity Leave or AML)
For those in salary sacrifice schemes it should be noted that Statutory
Maternity Pay (SMP) cannot be reduced by a salary sacrifice, it must be paid
in full for 39 weeks. Any contractual maternity pay above the level of SMP will
be subject to salary sacrifice.
Therefore, once unpaid maternity leave commences, employees will continue
to receive childcare vouchers and the employer (ie, the Trust) will cover the
cost. There will be no requirement under the new legislation for the cost of the
vouchers to be repaid by the employee.
It is advisable for staff to read Section 2, Financial Aspects, paragraph 2.6
Childcare Vouchers of the Employee Maternity Guidelines for full details to
enable them to consider their options - whether to continue with childcare
vouchers or cancel any salary sacrifice scheme to establish full salary prior to
the period when Statutory Maternity Pay is calculated.
Should employees decide to cancel childcare vouchers, they will be able to
rejoin on return to work provided that they meet the pre-conditions of the
voucher scheme.
For details of the childcare voucher scheme please refer to the Employee
Maternity Guidelines, Section 4, Returning to Work – paragraph d)
Childcare Voucher Scheme.
3.9
What happens to authorised car user status?
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Standard User: There is no entitlement to mileage payments whilst on
maternity leave.
Regular User: If the regular user criteria are met, they may have a lease car
and the regulations relating to that are shown below. However, if a regular
user allowance is received, the lump sum allowance is paid for the remainder
of the first month of the leave and also for a further 3 months. Payment is
made at the rate of 50% for a further 3 months or until the end of maternity
leave whichever is sooner. If the employee does not return to work following
maternity leave, payment is limited to a six week period.
Lease Cars: If the employee is returning to work, they will continue to make
their regular payments although official mileage is not claimed. If the
employee does less than 2,500 miles within the year, they may be liable to pay
more tax.
If the employee does not intend to return to work after their maternity leave
and wants to terminate the Lease Car agreement, they should speak to the
Lease Car Co-ordinator.
3.10
What happens to salary deductions for car parking?
While on maternity leave it is assumed that the employees will not be parking
on site as they will not be in work. Therefore you will need to agree with the
employee whether she wants to suspend her payments, and thus any visits to
colleagues will be paid at visitor rates. Any changes to deductions should be
confirmed with the Car parking administrator who will inform pay services.
3.11
Is there any facility for women to choose to have maternity pay withheld?
Yes. If a woman is unsure about whether she will return to work after her baby
is born, even if it is her intention to do so, she can request to have her
maternity pay withheld and only receive what she would have received had
she been leaving. If she returns to work she receives the balance. If she does
not return, there is nothing to repay.
3.12 Is there financial assistance to support cover for maternity leave?
No. However, where SMP is payable, there are some savings on salary
because of the percentage of SMP which is recoverable via National Insurance
contributions.
Where staff have enough service to qualify for payment of Statutory Maternity
Pay the Trust is able to reclaim 92% from National Insurance contributions.
Finance will be able to provide information on the savings concerned, and the
“reclaimable” element goes back into the departmental budget.
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If a member of staff is due to commence maternity leave soon after a salary
increase, maternity payments may be at the previous rate of remuneration.
Maternity pay is calculated based on the average pay for the two month period
prior to week 15 before the baby is due. (See 3.2, average earnings)
Therefore, if a salary increase occurs after week 15 before the baby is due, the
maternity payment made will be at the previous rate of remuneration.
4
After Maternity Leave
4.1
Do all women have the right to return to work after maternity leave?
Yes. All women have the right to return to their job under their original
contract, on no less favourable terms and conditions of service. Women are
not allowed to work in the 2 weeks after they have given birth.
Although there is no right to fewer hours, there is a legal right to be able to
request a variation to working hours for parents of children less than 6 years of
age. Therefore, if the employee wishes to return to work on different hours, in
the same job, you must facilitate this wherever possible. If this is not possible
you must provide written, objectively justifiable reasons, and seek advice from
HR before making the final decision.
If it is agreed that the employee can return to work on a flexible basis,
including changed or reduced hours, for an agreed temporary period, this does
not affect her right to return to her job under her original contract at the end of
the agreed period.
Employees on maternity leave can apply for other posts in the Trust if they
wish, and if successful, the new post is the one to which they return.
4.2
Is there a minimum period a woman has to remain at work after returning
from maternity leave to retain the benefit of maternity pay?
Yes. A woman must return for a minimum of three months otherwise it is
treated as not having returned from maternity leave and thus she is liable to
repay contractual maternity pay
4.3
When does the employee have to confirm her intention to return to work?
An employee who intends to return to work at the end of her full entitlement to
maternity leave is not required to give any further notification, and she will
have given you an indication of the likely date of return at meetings held with
you before she commenced her leave.
All employees are entitled to a total of 52 weeks maternity leave made up of 26
weeks Ordinary Maternity Leave (OML) and 26 weeks Additional Maternity
Leave (AML). 28 days notice is required if the employee is returning after
OML and eight weeks if returning after AML of 39 or 52 weeks.
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4.4
If an employee confirms her intention to return to work after maternity
leave, but fails to do so, what happens?
If an employee has given notification of her intention to return to work, and fails
to do so she will be liable to repay her contractual maternity pay. However if
she decides to return to work for a different NHS employer, she must
commence her employment within 12 months of the start of her maternity
leave, but if she fails to provide evidence of her new employment, within 15
months from the start of her maternity leave, she will be liable to repay her
contractual maternity pay.
Likewise, if an employee continued to receive child care vouchers during
Additional Maternity Leave, and fails to return to work, she will be liable to
repay any payments made on her behalf during this period.
4.5
What arrangements have to be made when the employee returns to work?
When the employee has confirmed her date of returning to work, a
change form (C form) must be completed as soon as possible and sent to
Pay Services advising of the date of return and, if appropriate, of any changes
to terms and conditions of service, eg working patterns. This form has to be
signed by the employee, and acts as an amendment to contract. Please
ensure that the C form reaches pay services well in time in order for them
to process the staff member’s pay correctly for the month they are
returning from maternity leave.
You should have a discussion with the employee to bring them up to date with
any changes whilst they have been on leave, eg changes in procedures; in the
team and so on. If travel arrangements have changed, for example from
public transport to a car because of childcare arrangements, the employee
may wish to apply for a car parking permit. The allocation of permits cannot be
guaranteed.
It is also important to be mindful of the psychological well-being of the
employee, particularly any difficulties they seem to be experiencing in
balancing their work and home life. Under health & safety legislation,
employers are required to provide pregnant and breastfeeding women with a
suitable place to rest, and if the employee is breast-feeding, there should be
appropriate private facilities to express and store milk.
If you have any further queries please contact Human Resources
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Appendix 1a
ENTITLEMENT TO MATERNITY LEAVE/PAY
(INCLUDING STATUTORY MATERNITY PAY) *
Length of Service
At least 1 year's continuous NHS
service at week 11 before EWC
AND at least 26 weeks service
with the Trust at week 15 before
EWC.
Entitlement (not returning to
work)
Maximum 52 weeks leave.
If the criteria* is met, they will
receive 6 weeks SMP at 9/10th
8 weeks full pay, including SMP; average earnings, followed by 33
18 weeks half pay + standard rate weeks standard rate SMP.
SMP (this must not exceed full
pay. - if it does, payment is
reduced so that the total equals
full pay) An additional 13 weeks
of SMP.
Entitlement (returning to work)
A further 13 weeks unpaid.
total of 52 weeks leave.
A
At least 1 year's continuous NHS Maximum 52 weeks leave.
service at week 11 EWC but
LESS THAN 26 weeks service 8 weeks full pay; 18 weeks half
with the Trust at week 15 before pay.
EWC.
Any further leave is unpaid. They
do not have to take the full 52
weeks off.
Contractual pay equivalent to
SMP, (criteria not met for SMP),
ie 6 weeks at 9/10th average
earnings.
May be able to claim Maternity
Allowance from the DWP. The
Trust will need to be informed of
the amount received.
As they are not entitled to SMP
from the Trust they may be able
to claim Maternity Allowance from
the DWP.
Less than 1 year's, but more than
26 weeks, continuous NHS
service at week 11 before EWC
and MORE THAN 26 weeks
service with the Trust at week
15 before EWC.
Maximum 52 weeks leave.
If the criteria are met, 6 weeks
SMP at 9/10th average earnings;
If the criteria* is met, 6 weeks 33 weeks standard rate SMP.
SMP at 9/10th average earnings;
33 weeks standard rate SMP.
Any further leave is unpaid. They
do not have to take the full 52
weeks off.
Less than 26 weeks service with Maximum 52 weeks unpaid leave. No payment from the Trust. May
both the NHS and the Trust at They do not have to take the full be eligible to claim Maternity
week 15 before EWC.
52 weeks off.
Allowance from the DWP.
May be eligible to claim Maternity
Allowance from the DWP
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Appendix 1b
ENTITLEMENT TO MATERNITY LEAVE/PAY PRIOR TO 1 APRIL 2007
(INCLUDING STATUTORY MATERNITY PAY) * FOR NON-AGENDA FOR CHANGE
STAFF
Entitlement (not returning to
Length of Service
Entitlement (returning to work)
work)
At least 1 year's continuous NHS Maximum 52 weeks leave.
If the criteria are met: 6 weeks
service at week 11 before EWC
SMP at 9/10th average earnings,
AND at least 26 weeks service 8 weeks full pay, including SMP; followed by 33 weeks standard
with the Trust at week 15 before 14 weeks half pay + standard rate rate SMP.
her baby is due.
SMP (this must not exceed full
pay. - if it does, payment is
reduced so that the total equals
full pay). A Further 17 weeks
SMP.
Any further leave is unpaid. She
does not have to take the full 52
weeks off.
At least 1 year's continuous NHS Maximum 52 weeks leave.
service at week 11 before her
baby is due but LESS THAN 26 8 weeks full pay; 14 weeks half
weeks service with the Trust at pay.
week 15 before her baby is due.
Any further leave is unpaid. She
does not have to take the full 52
weeks off.
Contractual pay equivalent to
SMP, (she does not fulfil the
criteria for SMP), ie 6 weeks at
9/10th average earnings.
She may be able to claim
Maternity Allowance from the
DWP. If she does, she needs to
inform the Trust of the amount
As she is not entitled to SMP from she receives.
the Trust she may be able to
claim Maternity Allowance from
the DWP.
Less than 1 year's, but more than
26 weeks, continuous NHS
service at week 11 before her
baby is due and MORE THAN 26
weeks service with the Trust at
week 15 before her baby is due.
Maximum 52 weeks leave.
If she fulfils the criteria, 6 weeks
SMP at 9/10th average earnings;
If the criteria* is met, 6 weeks 33 weeks standard rate SMP.
SMP at 9/10th average earnings;
33 weeks standard rate SMP.
Any further leave is unpaid. She
does not have to take the full 52
weeks off.
Less than 26 weeks service with Maximum 52 weeks unpaid leave. She will not get any payment from
both the NHS and the Trust at She does not have to take the full the Trust. She may be eligible to
week 15 before her baby is due.
52 weeks off.
claim to Maternity Allowance from
the DWP.
She may be eligible to claim
Maternity Allowance from the
DWP
*see 3.2 for eligibility to SMP
Maternity Leave & Pay – Manager’s Guidelines
Version 3
November 2010
14
Appendix 2
Ref
Date
Address
Dear (first name)
Re Maternity Leave
Congratulations and thank you for telling me about your pregnancy, and the date your
baby is due.
Following our discussion on (date), I am writing to confirm that in accordance with the
Trust’s Guidelines, it is in order for your Maternity Leave to commence on (date) , as
detailed on the attached schedule. Pay Services have been informed that you are
taking maternity leave and will make the appropriate financial arrangements. These
entitlements to pay are based on the understanding that you are/are not (delete as
appropriate) returning to work following maternity leave.
May I also remind you that if your baby is born earlier than the date that your
Maternity Leave commences, or if you want to make any other changes to your
dates, you must inform me as soon as possible as it may effect your pay.
During your maternity leave we have agreed that our arrangements for keeping in
touch are (insert arrangements eg regular phone calls, meeting 5 weeks before return
to work date). I confirm that these arrangements have also included whether, and
how, you will be informed of Trust vacancies which may arise while you are on
maternity leave, and for which you may wish to apply.
In relation to planning your return to work, we will need to know the date your baby is
born and whether it is your intention to take your full entitlement to maternity leave. If
you decide not to take your full entitlement to maternity leave could I remind you to
give me 4 weeks written notice of your intended date of return if taking 26 weeks
leave and 8 weeks if returning after 39 or 52 weeks.
If you change your mind about returning to work after maternity leave, and decide not
to return to your job at Nottingham University Hospitals NHS Trust, you are required
to refund the contractual maternity pay received. If you join another Trust, within 12
months of the commencement of your maternity leave, you do not have to repay
contractual maternity pay
I hope that all goes well, and if you have any queries that haven’t been covered in the
“Employee’s guide to Maternity Leave and Pay”, please contact me
Yours sincerely
Maternity Leave & Pay – Manager’s Guidelines
Version 3
November 2010
15