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Maternity Policy

The Maternity Policy provides guidance on maternity leave and pay arrangements within QMU.

Date Approved by SLT	June 2022
Date of EQIA	March 2023
Document Owner	Human Resources
Last Modified	March 2023
Next review date	March 2024

1.0 Aims and Objectives

The aim of this policy is to provide Managers and staff with guidance on maternity leave and pay arrangements to ensure that this is undertaken fairly and consistently across Queen Margaret University in accordance with equality and diversity principles.

2.0 Scope of the Policy

This policy applies to all employees taking maternity leave or pay within Queen Margaret University.

3.0 Monitor and Review

Human Resources are responsible for monitoring the effectiveness of this policy and supporting procedures and will conduct reviews at appropriate intervals.

Anyone who feels they have been unfairly treated or discriminated against should contact Human Resources.

4.0 Equal Opportunities

Queen Margaret University is committed to equality of opportunity for all staff and it is the responsibility of all QMU employees to promote “equality and diversity” in the application of this policy ensuring that there is no discrimination on the grounds of disability, race/ethnic origin, sex/gender, age, religion, marital/family status, dependency, sexual orientation, political opinion, and economic or social status.

5.0 Responsibility for this Policy

Human Resources.

Any changes to this policy and supporting procedures will be made in consultation with appropriate bodies.

QMU reserves the right to update HR Policies in line with new or updated Employment Legislation.

6.0 Maternity Leave

All employees are entitled to at least 26 weeks of Ordinary Maternity Leave and 26 weeks of Additional Maternity Leave.

The earliest date an employee may commence maternity leave is 11 weeks before the expected week of childbirth. 

Please contact HR to discuss if you feel your circumstances would require you to finish work earlier than 29 weeks.

The latest date an employee may commence maternity leave is the actual date of the birth.

The earliest date an employee may return from maternity leave is 2 weeks after the childbirth.   

Additional Maternity Leave starts from week 27 and may continue for up to a further 26 weeks.  If eligible as noted in this policy, the employee may be entitled to SMP and OMP for the first 13 weeks of Additional Maternity Leave.  The remaining 13 weeks of Additional Maternity Leave are unpaid.

7.0 Maternity Pay

7.1 Occupational Maternity Pay (OMP) eligibility

Employees of QMU are entitled to the University’s occupational maternity pay from day one of their employment with the University, as long as they meet the following eligibility criteria:

• are employed by the University at the baby’s due date, and;
• return to work for at least three months after maternity leave. 

7.1.1 Occupational Maternity Pay

OMP is paid from week 1 to week 39 inclusive (or until the employee returns to work if this is earlier than week 39).  It is calculated at 90% of normal pay from week 1 to 6 inclusive and then 50% of normal pay from weeks 7 to 39 inclusive, where average weekly earnings are based on the two salary payments prior to the matching week.  OMP is adjusted to take into account any cost of living uplift to the salary scale, which is applied in August of each year.  

OMP is paid in addition to Statutory Maternity Pay (SMP) of £156.66 (from 1^st April 2022) per week (when the individual meets the eligibility criteria for SMP – see below).  

If the employee does not return to work for a period of at least three months after maternity leave then they will be required to repay all OMP.  

Upon request, payment of OMP may be deferred until the employee has resumed work for three months or until they decide they will definitely be returning for at least three months.  The balance of any outstanding OMP will be paid to the employee in the next available payroll after they have informed us of their decision to definitely return for at least three months.  This is often practical for those employees who do not wish to make a decision on returning to work until after their baby is born.  

7.1.2 Subsequent access to Occupational Maternity Pay

Where an employee has already had a period of maternity leave during the course of their employment at QMU, at least one year must have elapsed between their return to work after maternity leave and the qualifying week of the subsequent pregnancy in order for them to be eligible for automatic occupational maternity pay.  

If one year has not elapsed between their return to work and the subsequent qualifying week then occupational maternity pay will automatically be deferred until the employee has returned to work for three months after their maternity leave.  The balance of outstanding OMP will be paid to the employee in the next available payroll.  QMU will continue to pay statutory maternity pay for the duration of the maternity leave. 

7.2 Statutory Maternity Pay (SMP) eligibility

Statutory maternity pay is determined by the employee’s length of service at the end of the qualifying week (the 15^th week before the expected week of childbirth) and is calculated as follows: 

7.2. Statutory Maternity Pay (SMP)

If the employee has worked at QMU for at least 26 weeks by the end of the qualifying week:

Entitled to: Statutory Maternity Pay (SMP)

Employees are entitled to SMP if they have worked for the same employer for at least 26 weeks by the end of the qualifying week and their earnings have reached the minimum amount stipulated by the Lower Earnings Limit (currently an average of £107 per week).  

SMP is paid for a maximum of 39 weeks.  The first 6 weeks is paid at 90% of normal pay.  The following 33 weeks is paid at £156.66 per week, from April 2022, (or 90% of normal pay if this is less than £156.66 per week). 

If the employee is on a fixed term contract which comes to an end after the start of the qualifying week then they will still be entitled to receive 39 weeks of SMP from QMU. 

If the employee resigns after the start of the qualifying week they will still be entitled to receive 39 weeks of SMP from QMU.  If the employee has not yet commenced maternity leave then entitlement to SMP will begin either in the week after the employee leaves QMU or the 11^th week before the EWC, whichever is latest.  

If the employee has worked at QMU for less than 26 weeks at the end of the qualifying week:

Entitled to: Maternity Allowance 

Employees who have not been employed by QMU for at least 26 weeks at the end of the qualifying week do not meet the conditions for Statutory Maternity Pay (SMP). 

These employees may claim up to 39 weeks of Maternity Allowance from their JobCentre Plus Office if they meet the qualifying conditions based on their recent employment and earnings records. 

More information on Maternity Allowance arrangements and qualifying conditions can be found on the JobCentre Plus website 

As above, If the employee is not eligible for Statutory Maternity Pay, Occupational Maternity Pay will be paid from weeks 1 to week 6 inclusive, this is to offset any detriment to any QMU employee.

7.1.3 Redundancy during Maternity Leave 

Employees will have the same redundancy rights as other colleagues while on maternity leave. In addition, if placed at risk of redundancy, employees have the right to be offered any suitable alternative job before it is offered to any other employee (even if the other employee is more suitable for the role), as long as they meet the essential requirements for the job. If employment ends as a result of a redundancy, and the termination takes effect between the 11th week before the due date (i.e. your 29th week of pregnancy) and what would have been the end of the maternity leave period, employees will be entitled to OMP in full. Payment of any outstanding OMP and/ or SMP will be made by lump sum at the end of employment.

8.0 Notice of Intention to take Maternity Leave

The employee must inform their line manager of their intention to take maternity leave as early as reasonably practicable and no later than the end of the qualifying week (15^th week before your due date).

The employee should discuss with their line manager:

• The date they wish to commence maternity leave. 
• How any outstanding annual leave will be dealt with. 

The date the employee expects, at this stage, to return to work.  Maternity leave and pay can only be taken upon completion and submission of the Maternity Notification Form.  Once completed and signed by the line manager it must be given to HR along with the MatB1 form (provided by the GP or Midwife) no later than the end of the qualifying week.   

Upon receipt of the Maternity Notification Form and MatB1 form, HR will write to the employee confirming arrangements for maternity leave and pay.  Should any of the dates change the employee should inform HR as soon as possible. 

9.0 Time off for Antenatal Care

Employees are entitled to take reasonable paid time off work to attend antenatal appointments, as advised by their GP or Midwife.  Evidence of appointments must be provided if requested by the line manager.  

10.0 Sickness Absence

If an employee is absent from work during pregnancy owing to sickness they will receive normal occupational sick pay as detailed in the Sickness Absence Policy. 

If the employee is absent from work due to a pregnancy related illness after the beginning of the 4^th week before her due date then maternity leave will start automatically.

11.0 Annual Leave

Employees who are on maternity leave continue to accrue annual leave at their normal rate.  This can often lead to a build-up of accrued annual leave.

Many employees use their accrued annual leave to extend their maternity leave on a paid basis or to facilitate a phased return to work, enabling them to return to being paid at their normal rate. 

Employees who are on maternity leave over the closure period in December, will be entitled to the 8 days closure days to be used at the end of maternity leave or as part of a phased return to work.  This arrangement should be discussed and agreed with the line manager.

HR recommends that use of accrued annual leave is discussed and agreed between the line manager and the employee as early as possible to enable them to plan for cover of the employee’s workload while she is on maternity leave. 

12.0 Miscarriage and Stillbirths

In the unfortunate event that the baby is stillborn (after 24 weeks of pregnancy), all the provisions outlined in this policy will apply in the same way as with a live birth.   Within the Special Leave policy there is also an entitlement to Parental Bevereavment leave.

13.0 Baby Loss Leave

If an employee experiences a miscarriage prior to the start of the 25^th week of pregnancy, the University offers support of three days paid leave.  Any further subsequent absence from work in this instance would be arranged under the Sickness Absence Management Policy, Bereavement Leave or Annual Leave. Please note in these circumstances, employees will not be entitled to maternity leave or pay.

13.0 Health and Safety

QMU aims to provide a safe working environment, taking any necessary precautions. As soon as an employee notifies their line manager that they are pregnant, a New and Expectant Mother Risk Assessment must be completed by both the line manager and the new and expectant mother. Further advice and support can be sought from the Health, Safety and Wellbeing Team if required.

Please inform your HR Partner or the Health, Safety and Wellbeing Team of any concerns or special requirements.

Further information can be found on the Health, Safety and Wellbeing Intranet site

Particularly during pregnancy and returning to work after giving birth, the following guidelines should be considered:

• Avoid manual handling.
• Do not lift heavy loads.
• Try to avoid either sitting or standing for long periods.
• Vary routine.
• Ensure workstation is adjusted correctly.
• Avoid unnecessary exertion.
• If feeling faint or tired have a rest.

14.0 Payment of Pension Contributions

Employees will continue to contribute to their pension scheme while on maternity leave.

Where an employee elects to take a period of unpaid additional maternity leave both they and QMU will cease to pay contributions.  This period of time will not count as pensionable service.  The employee must decide when returning to work if they wish to make up the difference and pay back their unpaid contributions so that this period will count as pensionable service again.  These additional contributions will be calculated based on the employee’s last payment before commencing maternity leave.  This may be paid in instalments in agreement with Payroll.  If the employee wishes to pay back these contributions then they must notify HR and Payroll upon their return to work, otherwise, they will be deemed by the pension fund to have a break in service which will affect their final pension calculation.  

Further details on pension contributions while on maternity leave can be found in the guidance document at the end of this policy. Further information can also be obtained from your pension provider, contact details of which are provided below:

Lothian Pension Fund
Scottish Teacher's Pension Scheme
USS

15.0 Childcare Vouchers

The Childcare Voucher scheme is now closed to new entrants and has been replaced by the government’s child tax credit scheme.

Some employees who intend to take maternity leave may already be enrolled in the QMU childcare vouchers scheme because they are already paying for childcare for existing children.  If such an employee wishes to continue paying into the childcare vouchers scheme while they are on maternity leave then Payroll will continue to deduct the payments from their Occupational Maternity Pay

QMU will not deduct childcare vouchers from SMP.

Where existing members of the QMU childcare vouchers scheme decide to take additional unpaid maternity leave, QMU will continue to fund the provision of childcare vouchers to the equivalent level that the employee sacrificed prior to commencement of additional unpaid maternity leave.  

16.0 Keeping in Touch

16.1 General Contact

HR encourages the line manager and employee to keep in touch during the maternity leave period. Employees and line managers may find it helpful to discuss the amount of contact they wish with each other prior to the employee commencing maternity leave. Suitable methods of contact, e.g. telephone, email, etc, should be confirmed. They should also discuss reasons for making contact, e.g. to keep the employee informed of team developments, and care should be taken to ensure that contact is not forced. If it is felt necessary, contact arrangements could be recorded in writing, however, there should be flexibility to alter this if required for good reason.

16.2 Keeping in Touch Days

In addition to general contact, the employee is able to attend work for up to 10 days during their maternity leave without bringing their maternity leave to an end. 

These days should normally be used for the employee to keep up to date with developments in their role and their team such as attending training and development, conferences, team away days, etc., but can be used for other aspects of work if desired by both parties.  

The reason for attendance should be agreed between the employee and their line manager prior to the keeping in touch day.

Any work carried out in a day constitutes one day of keeping in touch, i.e. if an employee attended work for a team meeting which lasted two hours only, this would count as one day of keeping in touch. 

Where an employee attends work for a keeping in touch day, they should complete the “Keeping in Touch Days Payment Form” and submit this to Payroll.  Submission of this form will enable the employee to be paid for the hours worked on the keeping in touch day.  This payment is calculated on their normal hourly rate.  OMP will not be paid in addition to any hours being paid at normal rate, however, QMU will continue to pay SMP on these days.   

Keeping in touch days are not compulsory and are in agreement between the employee and their line manager. 

Keeping in touch days must not to be undertaken within first two weeks immediately following the birth of the child.

Keeping in touch days should not replace a return to work induction but should be used in conjunction with this. 

Facilities are available within the nursing room, on level two for expressing milk and time should be accommodated for this within the Keeping in Touch Days.

17.0 Return to Work

17.1 Line Managers Responsibilities

Planning for the employee’s return to work should ideally commence no later than four weeks before the date of return. Line managers should follow the “Return to Work Induction” plan which is available from Human Resources, this will help ensure that key information  or re-training is considered, especially if significant changes have occurred within the School/Department in their absence.

17.2 Employees Responsibilities

HR will write to the employee one month prior to their proposed date of return requesting that the employee completes the “Return to Work after Maternity Leave Form”.  This will enable HR and Payroll to make any necessary adjustments to the employee’s salary should they decide to amend their return date while on maternity leave

Employees should also consider the follow questions prior to their return and ensure that a discussion has taken place with their line manager that covers off these points:

• Is there anything that you need your manager/team or colleagues to prepare ready for your return to work?
• How would you like your first few days to be organised/structured to ensure that you have an effective return into the workplace?
• What support do you need from your manager (e.g. time, briefing etc.) in the early days of your return to enable an effective return to work?

If an employee has any concerns in relation to their return to work, these should be raised with the line  manager, to consider how they may be mitigated or addressed.

18.0 Contractual Rights

Normal employment terms and conditions continue throughout the period of maternity leave, with the exception of salary, which is modified, as explained above.  The employee is entitled to return to the same role following an absence due to maternity leave.

Should you have any outstanding queries following review of this policy please do not hesitate to contact a member of the HR Team to discuss.  

Maternity Timeline

Weeks' before your due date	Weeks Pregnant	Things to consider
-20	20	You will normally receive your maternity certificate (MAT B1) from your GP or Midwife around this time. Pass this to HR once received
-15	25	If you haven't done so already, it's time to formally confirm your pregnancy in writing, by completing the Maternity Notification Form.
-11	29	This is the earliest week in which you will be able to start your maternity leave
-4	36	If you're absent from work due to a pregnancy- related illness after the beginning of this week, your maternity leave will start automatically on the day after your first day of absence
Baby Due Date	40	This is the week in which your midwife estimates the baby is due

GLOSSARY OF TERMS

Expected Week of Confinement (EWC)
(Also known as the Expected Week of Childbirth).
This is the week in which your GP or Midwife expects the employee to give birth.
This week is documented on the MatB1 form.

Qualifying Week
This is the 15th week before the Expected Week of Confinement.

MatB1 Form
This is a certificate from the employee’s GP or Midwife confirming the expected week of childbirth. The form should have the GP’s name and address or the Midwife’s
name and registration number on it.

Statutory Maternity Pay (SMP)
This is a payment made to the employee by QMU which is from the Government. To qualify for SMP the employee must have been employed by QMU for at least 26 weeks prior to the Qualifying Week and earnings must have reached a minimum amount (Lower Earnings Limit) by the end of the Qualifying Week.
Entitlement to SMP commences on the first day of maternity leave and comprises of 6 weeks at 90% of normal weekly pay, followed by 33 weeks at a weekly rate which is specified by the Government each year.

Occupational Maternity Pay (OMP)
This is a payment made to the employee by QMU from week 7 to week 39 (or until the employee returns to work) which is in addition to SMP. It is calculated at 50% of normal salary.

If the employee does not return to work for a period of at least three months after
maternity leave then they will be required to repay all OMP.

Maternity Allowance (MA)
This is a payment made to the employee by JobCentre Plus if they do not qualify for SMP. HR will provide the employee with a SMP1 form which should be completed and forwarded to their nearest JobCentre Plus office.

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