Maternity leave and pay
Eligibility
All pregnant employees have the right to Statutory Maternity Leave (SML) and to resume work afterwards.
SML is a minimum level of entitlement of up to 52 weeks leave and is broken into:
- Ordinary Maternity Leave (OML) - the first 26-week period of maternity leave entitlement
- Additional Maternity Leave (AML) - the remaining 26-week period of maternity leave entitlement
Notification
To exercise their right to maternity leave, employees should complete the maternity leave application form. Teachers, NHS staff or employees on any other terms and conditions should contact payroll for the forms.
They must do this:
- no later than the end of the 15th week before the expected week of childbirth (EWC)
- or, as soon as reasonably practicable of:
- the pregnancy
- the expected week of childbirth
- the date the employee intends to start maternity leave
Employees can start maternity leave at any time from the 11th week before the EWC. Employees can change their mind about when they want to start maternity leave. They must give at least 28 days advance notice in writing unless this is not reasonably practicable.
Maternity leave will start on the date that the employee tells us.
However, it can also start if the employee:
- is absent from work due to pregnancy-related illness any time after the beginning of the 4th week before their EWC. Their maternity leave may trigger automatically on the second day of this absence
- gives birth to their child before maternity leave has started. In this case, it will begin on the day after the date of the birth
Employees must take a minimum of two weeks' leave following childbirth.
Please see the Maternity checklist for employees for further details of all notifications and actions required.
Maternity pay entitlement
Statutory Maternity Pay
Statutory maternity pay (SMP) is a standard rate determined by the Government on an annual basis, payable over 39 weeks.
To qualify for SMP, employees must:
- have been employed by us for a continuous period of 26 weeks by the end of the 15th week before the EWC
- have average weekly earnings of over the lower limit for National Insurance Contributions. We calculate this over the eight weeks before and including the 15th week before the EWC
- have started maternity leave
Maternity pay can start any week after the beginning of the 11th week before the EWC. It may start on other days of the week:
- if triggered by the birth of the child
- due to absence from work due to a pregnancy-related reason in the four weeks before the EWC
For the first six weeks, SMP is at the higher rate. This is 90 per cent of the employee's average weekly earnings over a specified period.
For the remaining 33 weeks, SMP is at the standard rate, or less if the employee returns to work sooner. It is paid:
- at the rate set by the Government for the relevant tax year
- or, 90 per cent of the employee's average weekly earnings if this is lower than the Government's fixed weekly rate
SMP is treated as earnings and is, therefore, subject to PAYE and National Insurance deductions. Employees who are not entitled to SMP may be entitled to receive Maternity Allowance, payable by the Government.
Maternity Allowance
Employees who do not qualify for SMP may be able to claim Maternity Allowance (MA). They must:
- have been employed for at least 26 weeks in the 66 weeks before their child is due
- be earning a gross weekly pay set by the Government for 13 weeks
MA is an allowance paid for up to 39 weeks and claimed from the Jobcentre Plus office on form SMP1. We will send this form to the employee after we receive their Maternity Leave Application Form. Employees should contact their local Jobcentre Plus office for further details.
The earliest an employee can receive MA is at the start of the 11th week before the expected date of birth. It will commence at the beginning of maternity leave.
Occupational Maternity Pay
Occupational Maternity Pay (OMP) is an additional payment, over and above SMP, paid by us to employees who:
- have at least one year of continuous service by the 11th week before the expected week of childbirth (EWC)
- comply with the notification requirements
Continuous service for OMP purposes means working, without a break, with either us, another local authority or with certain other bodies. For example, Probation or Magistrates' Courts Committees.
If an employee has worked with another organisation which they think might count, they should tell their manager. For entitlements regarding the Occupational Maternity Scheme, it includes any previous continuous service with a public authority to which the Redundancy Payments (Continuity of Employment in Local Government etc) (Modification) Order 1999 applies.
We will take our employees' previous service into account regarding sickness and maternity schemes when they return from:
- maternity leave
- caring for children or other dependents
Their break in service must not exceed eight years. There must be no intervening permanent, paid or full-time employment.
If entitled to OMP, employees will receive:
- for the first six weeks - maternity pay at the rate of 90 per cent of their average weekly earnings
- for the following 12 weeks - half pay. The combination of SMP and half pay is capped at the equivalent of a full week's pay
- for the following 21 weeks – the lesser of the standard rate of SMP or 90 per cent of their average weekly earnings
Both SMP and OMP are subject to regular deductions, such as tax and National Insurance.
Employees have a choice of payment arrangements for OMP. We can make payments:
- during maternity leave
- or, in a lump sum when they return to work
Before employees start maternity leave, they should complete the Maternity leave application form. It informs us about their intentions so that we can make the payment arrangements for OMP.
Time off for antenatal care
Employees are entitled to reasonable time off for antenatal care. They must tell their manager in advance of all appointments. Managers can ask to see appointment cards, except for the first appointment.
Expectant pregnant employees are entitled to necessary time off with full pay for other hospital and clinic appointments resulting from their pregnancy. This includes relaxation, exercise and parent-craft classes made on the advice of a registered GP, midwife or health visitor.
Notification of birth
Employees should confirm the date of birth with their manager and payroll as soon as possible. We will ensure that maternity pay is calculated correctly and paid.
Returning to work
We will confirm in writing, the date on which we expect an employee to return to work. They must tell their manager if this is not possible. Managers should complete the return to work form.
If, for health reasons, an employee cannot return to work after maternity leave, or at an earlier notified date, we will deem them as having returned to work. The usual sickness reporting procedures and policies will apply. We will treat a late return without prior agreement as unauthorised absence.
Employees who intend to return to work at the end of their maternity leave do not need to give any further notification. However, it helps us if they confirm, as soon as convenient, that they will return to work as expected.
Employees can delay their return to work by taking annual leave immediately after their period of maternity leave. Their manager must agree to this.
If an employee wishes to return to work early, they must give 21 days' notice of their intended return to work date.
Premature births
When a child is born prematurely, it may be before the start of the employee's maternity pay period. They must inform their manager of the actual date of the birth as soon as reasonably practicable. We want to ensure that their maternity pay is calculated correctly and paid.
If the birth is before or during the qualifying week, we will calculate 'average earnings' for SMP purposes from the eight weeks immediately before the week of the birth. We will calculate the start of maternity leave and the maternity pay period following the birth.
Stillbirths or miscarriage
If a child dies before birth after 24 weeks of pregnancy, this is a stillbirth. The employee will be entitled to the same rights to maternity leave and pay. Employees are also entitled to parental bereavement leave. For more details, read the Leave and Time Off Policy.
If the death of an unborn child occurs before the 24th week of pregnancy, this is a miscarriage. The employee is not eligible for maternity entitlements. They may be eligible for sick pay and a period of compassionate leave.
If an employee's partner suffers' a miscarriage or stillbirth, the same criteria and rights apply to statutory paternity pay and leave.
Employees should approach their manager to discuss their individual needs together with advice from their doctor. The manager may refer the employee to Occupational Health. They can discuss counselling and provide advice about workplace adjustments and return to work arrangements.
Health and safety
We want to provide a healthy working environment for all employees and provide support to those that:
- are pregnant
- have recently returned from maternity leave
- are breast-feeding
For further guidance, read our health and safety manual, G11 - new and expectant mothers at work policy.
Managers will carry out a risk assessment when informed that an employee is pregnant. They will offer appropriate support and make adjustments where necessary. Employees should tell their manager if they need additional help or adjustments throughout their pregnancy.