04.04.2014 Views

Maternity Benefits Guide - Hampshire County Council

Maternity Benefits Guide - Hampshire County Council

Maternity Benefits Guide - Hampshire County Council

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Human Resources Department<br />

<strong>Maternity</strong> <strong>Benefits</strong> <strong>Guide</strong><br />

Including parental and paternity leave information


Published July 2011


Copyright © <strong>Hampshire</strong> <strong>County</strong> <strong>Council</strong>, Pay & Contract<br />

Support Services<br />

All rights reserved. No part of this document may be<br />

reproduced, stored in a retrieval system or transmitted in<br />

any other form by means, electronic, mechanical,<br />

photocopying, recording or otherwise without the prior<br />

permission of the authors.<br />

The information contained in this guide is what the<br />

authors believe to be the present position regarding the<br />

terms and conditions of service for maternity, parental<br />

and paternity leave and pay purposes. The information is<br />

however, subject to change where appropriate.


Page 4 of 78<br />

Contents<br />

1 Service Provision ................................................................................................................... 6<br />

2 Who is covered by this guide ......................................................................................... 7<br />

2.1 Included ...................................................................................................................... 7<br />

2.2 Excluded ..................................................................................................................... 7<br />

2.3 References .................................................................................................................. 7<br />

3 Introduction ............................................................................................................................. 8<br />

4 Background to <strong>Maternity</strong> Rights ................................................................................. 9<br />

5 <strong>Maternity</strong> <strong>Benefits</strong> Procedure ...................................................................................... 10<br />

6 Informing us you’re pregnant ...................................................................................... 15<br />

6.1 Changing your maternity leave start date ............................................ 16<br />

7 Communication with your HR caseworker .......................................................... 17<br />

8 Completing Form M1 ........................................................................................................ 18<br />

9 Your maternity leave ......................................................................................................... 19<br />

9.1 Entitlement to Ordinary <strong>Maternity</strong> Leave (OML)............................... 19<br />

9.2 Entitlement to Additional <strong>Maternity</strong> Leave (AML) ............................ 19<br />

9.3 Commencement of your maternity leave ............................................... 19<br />

9.4 Your HR caseworker’s role ............................................................................. 20<br />

9.5 Ensuring your health and safety at work ............................................. 20<br />

9.6 If you don’t take maternity leave ................................................................ 20<br />

9.7 Newly Qualified Teachers and maternity leave .................................. 21<br />

9.8 At a glance service requirements for leave for EHCC staff .......... 22<br />

9.9 At a glance service requirements for leave for teaching staff .... 23<br />

10 Other maternity related absences ............................................................................ 24<br />

10.1 Health and well-being care ............................................................................ 24<br />

10.2 Annual leave ........................................................................................................... 24<br />

10.3 Sickness and maternity ................................................................................... 24<br />

10.4 Parental Leave ....................................................................................................... 25<br />

10.5 Other family friendly schemes available ................................................ 25<br />

11 <strong>Maternity</strong> pay ........................................................................................................................ 26<br />

11.1 <strong>Maternity</strong> pay schemes .................................................................................... 26<br />

11.2 Statutory <strong>Maternity</strong> Pay (SMP) Scheme ................................................. 26<br />

11.3 Occupational <strong>Maternity</strong> Pay (OMP) Schemes ...................................... 28<br />

11.4 Requirement to repay OMP ........................................................................... 29<br />

11.5 Postponing payment of OMP ......................................................................... 30<br />

11.6 Combining OMP and SMP .............................................................................. 30<br />

11.7 How your maternity payments are made .............................................. 31<br />

11.8 Deductions from maternity pay .................................................................. 31<br />

11.9 Childcare vouchers ............................................................................................. 33<br />

11.10 Employees with more than one employment with HCC ............... 34<br />

11.11 Entitlement to state benefits ........................................................................ 34<br />

11.12 Entitlement in the event of miscarriage or stillbirth ...................... 34<br />

11.13 Service requirements for Occupational and Statutory <strong>Maternity</strong><br />

Pay benefits ............................................................................................................. 35<br />

12 Keeping In Touch ................................................................................................................ 37<br />

12.1 The purpose of “Keeping in Touch” (KIT) days ................................... 37<br />

13 Returning to work .............................................................................................................. 40<br />

13.1 Nature of right to return ................................................................................. 40<br />

13.2 Notification of intention to return to work or resign ....................... 40<br />

13.3 Postponement of return by the line manager ..................................... 41<br />

13.4 School based staff - returning to work during a school holiday<br />

period .......................................................................................................................... 41<br />

13.5 Returning to work part-time ......................................................................... 41<br />

13.6 Flexible working ................................................................................................... 42<br />

13.7 Job sharing ............................................................................................................. 43<br />

13.8 Career breaks ........................................................................................................ 43<br />

13.9 Reasonable contact ............................................................................................ 43


13.10 Protection from unfair treatment ............................................................... 44<br />

13.11 Further maternity leave ................................................................................... 44<br />

13.12 Continuous service ............................................................................................. 44<br />

13.13 Any queries ............................................................................................................. 44<br />

14 Resignation or termination of employment ......................................................... 45<br />

14.1 Before maternity leave ...................................................................................... 45<br />

14.2 During maternity leave .................................................................................... 45<br />

14.3 After maternity leave ......................................................................................... 46<br />

15 Checking your payments are correct ...................................................................... 47<br />

15.1 Underpayments and overpayments .......................................................... 47<br />

15.2 Identification and responsibility for managing over and<br />

underpayments ..................................................................................................... 47<br />

15.3 The legal context .................................................................................................. 48<br />

16 Health and safety ................................................................................................................ 49<br />

16.1 Common hazards ................................................................................................ 49<br />

16.2 Employee Support Line (ESL) ...................................................................... 50<br />

16.3 Teacher Support Line ........................................................................................ 50<br />

17 Frequently Asked Questions ........................................................................................ 52<br />

Appendix 1 – contact details .................................................................................................... 56<br />

Appendix 2 - Glossary of acronyms and terms ............................................................. 58<br />

Appendix 3 – useful websites .................................................................................................. 60<br />

Appendix 4 – Other family friendly schemes .................................................................. 61<br />

Appendix 5 – Forms to notify us of maternity ............................................................... 68<br />

Page 5 of 78


1 Service Provision<br />

Management of maternity related casework is presented to<br />

school and department based customers via their respective<br />

Service Level Agreements (SLA) or Customer Agreements, with<br />

the HR Service (represented by either Education Personnel<br />

Services or the HR Directorate.<br />

The basic shape of these agreements remains the same,<br />

coming in two parts (core and discretionary), to reflect where<br />

services for schools and departments are commissioned.<br />

For the purpose of delivering maternity related HR and Payroll<br />

services Pay & Contract Support Services are the primary<br />

service provider through which such services will be accessed<br />

and delivered applying common service standards and<br />

feedback mechanisms across customer groups. Support for<br />

the delivery of these services will be provided by Education<br />

Personnel Services (schools) and the Employment Practice<br />

Centre (departments) where appropriate.<br />

Pay & Contract Support Services (PCSS) are committed to<br />

delivering a high quality service to all employees throughout<br />

their pregnancy, maternity leave, and return to work. To that<br />

end, the employee will be assigned a dedicated caseworker<br />

who will assist the employee and their line manager to manage<br />

the maternity leave and pay. Any queries the employee or their<br />

line manager has regarding these matters should be referred<br />

to their caseworker in the first instance.<br />

The PCSS caseworker will ensure that all notifications relating<br />

to the start or end of maternity leave and pay received from<br />

employees or their line manager affecting the SAP payroll<br />

system are actioned promptly and, where a response to that<br />

notification/action is required, the PCSS caseworker will do so<br />

in a timely manner not exceeding 28 calendar days.<br />

In all other cases queries will be responded to within five<br />

working days. If the query cannot be resolved within this<br />

timescale, an acknowledgement will be sent within five<br />

working days of receipt of the query, depending on its nature.<br />

A follow up reply or progress report will be sent within a<br />

further 15 working days.<br />

Page 6 of 78


2 Who is covered by this guide<br />

2.1 Included<br />

The conditions within this booklet apply to the following<br />

employee staff groups all employed by <strong>Hampshire</strong> <strong>County</strong><br />

<strong>Council</strong>:<br />

2.2 Excluded<br />

• Employment in <strong>Hampshire</strong> <strong>County</strong> <strong>Council</strong> (EHCC) Pay<br />

and Conditions of Service<br />

• Soulbury pay and conditions (shown as EHCC)<br />

• Joint Negotiating Committee (JNC) for Youth and<br />

Community Workers (shown as EHCC)<br />

• School Teachers’ Pay and Conditions of Service<br />

Casual workers, including Supply Teachers, are not covered<br />

by the conditions referred to in this booklet.<br />

Staff not employed by <strong>Hampshire</strong> <strong>County</strong> <strong>Council</strong>.<br />

Employees of Foundation, Trust or Academy Schools may use<br />

this booklet regarding their statutory entitlements but should<br />

check directly with their school regarding any occupational<br />

entitlements offered.<br />

2.3 References<br />

Throughout this document, unless specified otherwise, the<br />

term “you” will be used to refer to the primary group of people<br />

intended to read this document (i.e. pregnant employees of<br />

HCC).<br />

Throughout this document, unless specified otherwise, the<br />

term line manager will be used to refer to both Managers of<br />

staff in departments and Headteachers in Local Authority (LA)<br />

maintained schools.<br />

References to “teachers” includes all staff groups who are on<br />

School Teachers’ Pay and Conditions, whether they are<br />

employed in a department or in a school.<br />

Page 7 of 78


3 Introduction<br />

<strong>Hampshire</strong> <strong>County</strong> <strong>Council</strong> (HCC) believes that all female<br />

employees should be treated fairly and consistently in<br />

applying maternity benefits. We seek to apply best practice to<br />

all employment groups. There are, however, a few conditions<br />

that differ fundamentally between staff groups as a direct<br />

consequence of nationally and locally negotiated conditions of<br />

service.<br />

The purpose of this guide is to provide you, and your line<br />

manager, with information concerning the maternity benefits<br />

that are available during your employment with HCC. All<br />

correspondence sent by your HR caseworker will be copied to<br />

your line manager. The information in this document reflects<br />

the position for all categories of staff employed under a<br />

contract of employment within HCC departments and schools.<br />

In the majority of cases, if you are pregnant you are likely to<br />

be entitled to maternity leave and maternity pay. The flow<br />

chart in Section 5 provides an outline of the communications<br />

process to be followed by you and your line manager and your<br />

HR caseworker.<br />

Section 5 contains a chart which indicates, in more detail, the<br />

steps you may complete during the course of your maternity<br />

leave period. This chart assists you to work your way through<br />

the guide and highlights the key actions that you must take.<br />

Consequently this guide is intended to be a source of reference<br />

for you and your line manager throughout your pregnancy and<br />

maternity leave period.<br />

The guide aims to outline your entitlement. You, or your line<br />

manager, should not hesitate to contact your HR caseworker<br />

should further information be required concerning your<br />

particular circumstances, or for clarification of any aspects of<br />

maternity rights and benefits in general.<br />

Some of the rules concerning entitlement to maternity benefits<br />

are complex and consequently difficult to interpret and apply.<br />

This guide deals only with the normal situation where you are<br />

employed in one unit or school and under a single contract of<br />

employment. If this is not the case, you and your line manager<br />

should contact your HR caseworker for additional information<br />

and support.<br />

Contact details you will require are in Appendix 1. Details of<br />

acronyms and definitions of the terms used in this guide can<br />

be found at Appendix 2.<br />

Page 8 of 78


4 Background to <strong>Maternity</strong> Rights<br />

The details of maternity benefits in this guide are based on<br />

your statutory entitlements, conditions of service for teachers<br />

(covered by the Conditions of Service for Teachers in England<br />

and Wales as set out in the “Burgundy Book”) and for<br />

employees covered by the EHCC agreement (which<br />

incorporates Soulbury and JNC).<br />

Under the statutory provisions of “Local Management in<br />

Schools” there may be some differences between how<br />

maternity issues are managed by schools and departments.<br />

These differences are highlighted in this guide.<br />

Page 9 of 78


5 <strong>Maternity</strong> <strong>Benefits</strong> Procedure<br />

When: What to do: See:<br />

Step 1 Section 6<br />

As soon as possible<br />

after you know you’re<br />

pregnant…<br />

Inform your line manager and HR (through<br />

PCSS) of your pregnancy.<br />

PCSS will send you a letter (reference M1)<br />

which includes a link to a copy of this<br />

<strong>Maternity</strong> <strong>Benefits</strong> <strong>Guide</strong>. This letter<br />

contains a blank form M1 for you to<br />

complete (step 3) and your named<br />

caseworker.<br />

Your caseworker will provide your line<br />

manager with a letter (reference M2) and<br />

the leaflet entitled "Risk Assessment for<br />

New and Expectant Mothers at Work".<br />

Step 2 Section 6 & 7<br />

Once you have<br />

received a copy of this<br />

<strong>Maternity</strong> <strong>Benefits</strong><br />

<strong>Guide</strong> …<br />

Read the guide to gain an overview of the<br />

maternity benefits that may be available to<br />

you.<br />

Discuss with your line manager, your<br />

intentions with regard to maternity leave<br />

(e.g. when you propose to commence<br />

maternity leave etc).<br />

You and your line manager should<br />

complete the risk assessment together.<br />

Your line manager will take appropriate<br />

action if a substantial risk is identified to<br />

ensure your health and safety.<br />

Step 3 Section 8<br />

After initial discussions<br />

with your line manager,<br />

and no later than the<br />

end of the 15th week<br />

before the expected<br />

week of childbirth<br />

(unless this is not<br />

reasonably practicable)<br />

and at least 28 days<br />

before your intend to<br />

commence maternity<br />

leave…<br />

Inform your line manager by giving 28 days<br />

written notice of the expected week of<br />

childbirth (EWC) and the date you intend<br />

to start maternity leave.<br />

To do this complete form M1 and ensure<br />

your line manager has also signed it.<br />

Return form M1 to your caseworker at<br />

PCSS with a copy of your MAT B1<br />

Certificate attached, counter signed by<br />

your line manager to indicate they have<br />

viewed the original.<br />

The MAT B1 certificate is issued to you by<br />

your doctor or midwife after week 20 of<br />

pregnancy.<br />

All details on your M1 form will be<br />

checked against your pay record to ensure<br />

accurate service dates.<br />

Your line manager should retain a copy of<br />

your M1 form for your personnel file.<br />

Page 10 of 78


When: What to do: See:<br />

Your HR caseworker will calculate your<br />

entitlement to maternity leave and confirm<br />

this in writing within 28 days of receipt of<br />

notification.<br />

If you are intending to resign your HR<br />

caseworker will advise you of your<br />

maternity benefits (using letter M3).<br />

If you intend to take maternity leave your<br />

HR caseworker will advise you of your<br />

maternity benefits (using letter M4)<br />

Details of entitlement to maternity pay<br />

may need to be communicated separately,<br />

dependent on receipt of your MAT B1<br />

certificate.<br />

Step 4 Section 6.1<br />

Having notified your<br />

line manager of the<br />

date you intend to start<br />

maternity leave, you<br />

may decide to change<br />

the date….<br />

Inform your line manager, as soon as<br />

possible, by giving written notice of the<br />

change.<br />

You are required to provide this to your<br />

line manager at least 28 days before the<br />

original start of your maternity, or if the<br />

date you are changing it to is earlier than<br />

the original start date, 28 days before that<br />

new date.<br />

You may wish to confirm the change by<br />

completing form M1A, signed by your line<br />

manager and returned to your HR<br />

caseworker. Your line manager will keep a<br />

copy of M1A on your personnel file.<br />

Your HR caseworker will re-calculate your<br />

entitlement to maternity leave and write<br />

to you within 28 days of receipt of your<br />

notification (using letter M4). This letter<br />

will advise you of the new end date of<br />

your maternity leave.<br />

Step 5 Section 12<br />

You are entitled to 26<br />

weeks OML, followed<br />

by 26 weeks AML, a<br />

total absence of 52<br />

weeks…<br />

While you are on maternity leave you<br />

need to maintain regular contact with your<br />

line manager.<br />

You may agree with your line manager to<br />

work “keeping in touch” days (KIT).<br />

Step 6 Section 13<br />

You are ready to make<br />

a decision about your<br />

future …….<br />

Option 1 – return to work at end of<br />

maternity leave<br />

If it is your intention to return to work at<br />

the end of your AML period.<br />

If you wish to change your working<br />

hours/days you must agree this with your<br />

line manager and notify your HR<br />

Section 13.2<br />

Section 13.5<br />

Page 11 of 78


When: What to do: See:<br />

caseworker using Form M4G, which must<br />

be countersigned by your line manager.<br />

Section 13.6<br />

Your HR caseworker will confirm your<br />

return date and the required 3month/13<br />

week return period (using letter M8) .<br />

Option 2 - return to work earlier than<br />

end of maternity leave<br />

Section 13.2<br />

If you wish to return early (before the end<br />

of your AML entitlement) you must write<br />

formally to your line manager and you may<br />

use form M4E, giving the appropriate<br />

written period of notice of an early return.<br />

Providing the early return date is approved<br />

by your line manager, your HR<br />

caseworker will confirm this (using letter<br />

M5).<br />

If the early return date needs to be<br />

postponed your HR caseworker will<br />

confirm this (using letter M6).<br />

Option 3 – resign Section 14<br />

You need to write formally to your line<br />

manager to confirm your intention to<br />

resign your post, sending a copy of this<br />

letter (or Form M4F) to your HR<br />

caseworker who will send you letter M7A<br />

or M7B depending on whether you need<br />

to repay any element of your maternity<br />

pay.<br />

Step 7 Section 15<br />

You return to work ….<br />

Your HR caseworker will ensure that you<br />

are returned to normal pay.<br />

If you opted to suspend the 12 weeks’ half<br />

pay OMP, your HR caseworker will<br />

arrange for this to be paid to you in your<br />

first pay period following your return to<br />

work.<br />

To ensure you are not in an overpayment<br />

position, your HR caseworker will, with<br />

your line manager, monitor your required<br />

return to work period to ensure your<br />

entitlement to retain OMP.<br />

If you complete the required return<br />

period, your HR caseworker will confirm<br />

this in writing (using letter M8).<br />

If you do not complete the required<br />

return to work period or do not return to<br />

work and did not suspend the 12 weeks<br />

OMP, your HR caseworker will recover<br />

this as an overpayment. This will be<br />

confirmed in writing (using letter M7C).<br />

Page 12 of 78


When: What to do: See:<br />

Step 8<br />

Completing the<br />

required return to<br />

work period…<br />

Your HR caseworker will write to you to<br />

confirm that your return to work period<br />

has been completed (using letter M9) and<br />

closes your file.<br />

Page 13 of 78


PCSS Internal Basic <strong>Maternity</strong> Process for Contracted Staff<br />

Notify your Line Manager and the Pay &<br />

Contracts Support Services of your pregnancy<br />

The PCSS will send you and your line<br />

manager relevant information to enable you to<br />

make decisions about leave an pay<br />

arrangements<br />

If you are<br />

entitled to<br />

receive SMP<br />

your<br />

employment<br />

will remain<br />

active until<br />

you run out of<br />

SMP.<br />

IF YOU RESIGN<br />

The PCSS will send you<br />

details of your entitlements up<br />

to the date your employment<br />

ends.<br />

Notify your Line Manager and the PCSS<br />

about your maternity leave intentions<br />

IF YOU TAKE MATERNITY LEAVE<br />

Original MATB1 to be seen<br />

by Line Manager /<br />

Headteacher, but retained by<br />

employee<br />

The PCSS will send you details of your<br />

maternity leave and maternity pay<br />

entitlements.<br />

YOU START YOUR MATERNITY LEAVE<br />

If you agree to work any<br />

Keeping In Touch (KIT) days<br />

during your maternity leave<br />

your line manager will notify<br />

the PCSS<br />

IF YOU DON’T WANT TO<br />

RETURN FROM MATERNITY<br />

LEAVE<br />

You must notify your Line<br />

Manager and the PCSS. The<br />

PCSS will calculate whether<br />

you need to repay any<br />

element of your OMP<br />

IF YOU WANT TO RETURN<br />

FROM MATERNITY LEAVE<br />

EARLIER THAN YOUR AML<br />

END DATE<br />

You must notify your Line<br />

Manager and the PCSS.<br />

IF YOU WANT TO RETURN<br />

FROM MATERNITY LEAVE AT<br />

YOUR AML END DATE<br />

You do not need to need to do<br />

anything. Your Line Manager and the<br />

PCSS will expect you to return to work<br />

at the end of your 52 weeks’ leave.<br />

No<br />

The PCSS will<br />

write to you to<br />

confirm your<br />

resignation.<br />

Is a repayment<br />

required?<br />

Yes<br />

The PCSS will write<br />

to you to confirm<br />

your resignation, the<br />

value of the<br />

overpayment,<br />

whether this will be<br />

recovered from your<br />

final salary or<br />

whether a<br />

repayment schedule<br />

needs to be agreed<br />

with you.<br />

If early return ok, the<br />

PCSS will write to<br />

you to confirm the<br />

required return to<br />

work period.<br />

If need to postpone early<br />

return, the PCSS will write to<br />

you to confirm a revised return<br />

to work date and the duration<br />

of the return to work period<br />

The PCSS will write to<br />

you to confirm the<br />

required return to work<br />

period.<br />

The PCSS will monitor your return to work period to ensure you meet the<br />

requirements to retain all elements of OMP.<br />

Yes<br />

The PCSS will write to you<br />

to confirm completion of<br />

the return to work period<br />

Employee completes<br />

return period Y/N?<br />

No<br />

The PCSS will write to you<br />

to confirm you have not<br />

met the criteria to retain all<br />

elements of OMP, the<br />

value of the overpayment,<br />

whether this will be<br />

recovered from your final<br />

salary or whether a<br />

repayment schedule<br />

needs to be agreed with<br />

you.<br />

Casework Closed<br />

Page 14 of 78


6 Informing us you’re pregnant<br />

As soon as possible tell your line manager and HR PCSS<br />

(contact details are available at Appendix 1) you are<br />

pregnant and your intentions regarding maternity leave.<br />

This may be done verbally or in writing. Legally you must<br />

notify your line manager at the latest by the end of the<br />

15 th week before your expected week of childbirth or as<br />

soon as possible:-<br />

• that you are pregnant<br />

• your expected week of childbirth<br />

• and give at least 28 days’ notice of the date on<br />

which you intend your maternity leave and pay to<br />

start.<br />

Your line manager can request that this notification is<br />

given in writing and that you produce a certificate<br />

(MAT B1) from a registered medical practitioner or<br />

registered midwife, stating the expected week of<br />

childbirth. You must specify a maternity leave start date<br />

no earlier than the 11 th week before your expected week<br />

of childbirth.<br />

When you have notified your line manager and HR PCSS<br />

of your pregnancy, HR will provide a named caseworker<br />

who will send you a letter (M1) which contains links to an<br />

electronic copy of this guide and a blank copy of a Form<br />

M1.<br />

You must carefully read the details contained in this<br />

guide to gain an overview of the maternity benefits that<br />

you may be entitled to receive. If you have any queries<br />

concerning your entitlement contact your HR caseworker.<br />

A risk assessment for you, as an expectant mother, at<br />

work has to be undertaken by your line manager in order<br />

to ensure your safety and well-being. Your HR<br />

caseworker will send a risk assessment guide to your line<br />

manager. In circumstances where you have requested<br />

confidentiality, the risk assessment guide will be sent to<br />

you to pass on to your line manager when you discuss<br />

your intentions. It is in the interest of your own health<br />

and safety, and that of your baby, that you pass this<br />

information to your line manager at the earliest<br />

opportunity so that they can carry out a risk assessment<br />

and implement any required adjustments to your working<br />

environment.<br />

Once you have read this guide you should discuss your<br />

intentions regarding your maternity leave with your line<br />

manager. It is up to you to decide when your maternity<br />

leave will commence (as long as it is not earlier than the<br />

Page 15 of 78


eginning of the 11 th week before your expected week of<br />

childbirth).<br />

When you have discussed your intentions with your line<br />

manager you must complete Form M1. You may wish to<br />

copy this form for your own records.<br />

The form must be sent to your HR caseworker at least 28<br />

days before the date you wish your maternity leave to<br />

begin, or as soon as possible.<br />

Your HR caseworker will confirm your entitlement to<br />

maternity leave within 28 days of receipt of the completed<br />

Form M1 (using Letter M4).<br />

6.1 Changing your maternity leave start date<br />

You may wish to change the date you want to start your<br />

maternity leave. After discussing this with your line<br />

manager you must submit Form M1A as soon as possible<br />

by giving at least 28 days written notice of the revised<br />

date, which may be 28 days before your original<br />

maternity leave start date or 28 days before your new<br />

start date.<br />

Your HR caseworker will advise you of your revised<br />

maternity leave entitlements within 28 days of receipt of<br />

Form M1A.<br />

Please note that entitlements to maternity pay cannot be<br />

confirmed until your HR caseworker has received the<br />

countersigned photocopy of both sides of your MAT B1<br />

Certificate. Please see Section 11 on <strong>Maternity</strong> Pay for<br />

further information.<br />

Page 16 of 78


7 Communication with your HR<br />

caseworker<br />

In the interests of sustainability, and improving service<br />

response times, you will be given the option to receive<br />

your maternity related correspondence from your HR<br />

caseworker via e-mail.<br />

You will be asked to provide your HR caseworker with an<br />

e-mail account that you will have access to throughout<br />

your maternity leave.<br />

If you choose to receive paper correspondence, this will<br />

be sent to you via your employing school or unit up to the<br />

point you commence your maternity leave. For the<br />

duration of your maternity leave correspondence will be<br />

sent to the home address specified on your Form M1.<br />

Page 17 of 78


8 Completing Form M1<br />

Once you have decided when you are going to take<br />

maternity leave and discussed this with your line<br />

manager, you must complete Form M1 and return it to<br />

your HR caseworker together with (or followed by) a<br />

photocopy of both sides of your MAT B1 Certificate.<br />

The information provided on Form M1 will enable your<br />

HR caseworker to ensure that you receive your full<br />

entitlement to maternity benefits. It is therefore<br />

important that you complete Form M1, as you may be<br />

entitled to maternity benefits even if you do not intend to<br />

return to work after the birth of your baby.<br />

Please inform your HR caseworker by completing form<br />

M1 of your decision regarding your maternity leave and<br />

pay.<br />

Page 18 of 78


9 Your maternity leave<br />

9.1 Entitlement to Ordinary <strong>Maternity</strong> Leave (OML)<br />

Regardless of hours worked, length of service or<br />

conditions of employment, if you are employed under a<br />

contract of employment with HCC you are entitled to take<br />

maternity leave and to remain absent for a total of 26<br />

weeks leave. The leave must commence no earlier than<br />

11 weeks before the expected week of childbirth. This is<br />

known as Ordinary <strong>Maternity</strong> Leave and includes a twoweek<br />

period immediately after the birth of your baby; this<br />

is known as the Compulsory <strong>Maternity</strong> Leave (CML)<br />

period when you are not permitted to work.<br />

9.2 Entitlement to Additional <strong>Maternity</strong> Leave (AML)<br />

You are also entitled to a further period of 26 weeks<br />

extended maternity leave starting at the end of your OML<br />

period and finishing 26 weeks after the end of your OML.<br />

This is known as the Additional <strong>Maternity</strong> Leave period.<br />

If your baby is due on or after 3 April 2011, you may be<br />

entitled to transfer part of your maternity leave to the<br />

child’s father, partner or civil partner. Please see<br />

Appendix 5 for full details.<br />

9.3 Commencement of your maternity leave<br />

You are entitled to commence maternity leave no earlier<br />

than 11 weeks before your EWC. However, you can<br />

remain at work after the 11 th week before your EWC<br />

provided you are medically fit to do so and risk<br />

assessments have not highlighted any difficulties.<br />

It is important to note that this is merely the earliest date<br />

on which you may commence your maternity leave, and it<br />

is for you to decide when your maternity leave and pay<br />

will actually start.<br />

Exceptions to this are:<br />

• If you are absent wholly or partly because of<br />

pregnancy or childbirth after the beginning of the<br />

4th<br />

week before your EWC, maternity leave will<br />

commence automatically with maternity pay<br />

provisions applying where appropriate.<br />

• If your baby is born before the date specified for<br />

your maternity leave start date, your maternity<br />

leave will start the day after the actual date of<br />

birth. The statutory maternity pay (SMP) period<br />

will be the 39 weeks beginning the day on which<br />

the maternity leave period starts. In order to<br />

preserve your rights to maternity leave and SMP,<br />

you must give your line manager written notice as<br />

Page 19 of 78


Page 20 of 78<br />

soon as possible, of the date of childbirth, and to<br />

provide evidence of the date the baby was<br />

expected.<br />

9.4 Your HR caseworker’s role<br />

Your HR caseworker will respond, within 28 days to any<br />

queries and notifications.<br />

Your HR caseworker will respond to your completed form<br />

M1 (using letter M4) which confirms your expected return<br />

to work date.<br />

Please note that if, when the MAT B1 Certificate is<br />

received, it is noted that entitlements to maternity leave<br />

are affected, your HR caseworker will provide you with a<br />

revised letter M4.<br />

9.5 Ensuring your health and safety at work<br />

Your line manager has a duty to:<br />

• Assess the risks to your health and safety if you<br />

are pregnant, have recently given birth or are<br />

breast-feeding.<br />

• Ensure that you are not exposed to risks identified<br />

by the risk assessment which would present a<br />

danger to your health and safety.<br />

It is therefore very important that, once you have told<br />

your line manager that you are pregnant, your line<br />

manager carries out a risk assessment with you. This<br />

must be reviewed regularly throughout your pregnancy<br />

and especially if your circumstances change during your<br />

pregnancy and again if/when you return to work.<br />

9.6 If you don’t take maternity leave<br />

If you decide to resign from your post rather than start<br />

maternity leave, you must notify your line manager in<br />

writing of your resignation. The resignation will take<br />

effect from your last day at work. It is therefore very<br />

important that you have a clear understanding of the<br />

impact this may have on any leave or pay entitlements<br />

you may otherwise have been entitled to.<br />

It is important to note that if you terminate your<br />

employment at this stage you will not have the right to<br />

return to work after the birth of your baby.<br />

If you are unsure whether you will be returning to work<br />

after your maternity leave, you may choose to indicate on<br />

Form M1:<br />

• the date maternity leave or your resignation will<br />

commence; and


• your wish to suspend the 12 weeks’ half pay under<br />

the Occupational <strong>Maternity</strong> Pay scheme which you<br />

would be liable to repay were you not to return to<br />

your post for a period of at least 13 weeks or full<br />

time equivalent if you return on reduced hours<br />

(teachers pay and conditions), 3 months (support<br />

staff conditions), if you resign your post.<br />

By selecting the option to suspend payment you will have<br />

the opportunity at a later date to change your mind and<br />

resign from the post without obligation to repay the<br />

suspended element of OMP.<br />

If you do suspend your occupational maternity pay while<br />

you are absent on maternity and decide to return to work<br />

after your maternity leave, you will receive your 12 weeks<br />

at half pay in your first month’s salary upon your return.<br />

In order for you to retain this payment, you will be<br />

required to return to work for a specified period. Please<br />

see Section 11 for further details.<br />

Your HR caseworker will respond to resignations within<br />

28 days (using Letter M3), advising you of your<br />

entitlements up to your last date of employment.<br />

9.7 Newly Qualified Teachers and maternity leave<br />

If you are a Newly Qualified Teacher (NQT), in accordance<br />

with DCSF regulations, there is a mandatory extension to<br />

your NQT induction year for the equivalent of any period<br />

of AML taken, on the same basis as extensions for sick<br />

leave or any other absence – i.e. as a NQT if you are<br />

absent from work for a total of 30 or more working days<br />

during the induction year, for whatever reason other than<br />

OML, the extension is for the equivalent number of<br />

working days’ absence<br />

As a NQT you do not have to have your induction<br />

extended to reflect your OML period, but you may request<br />

such an extension. However, you will be assessed on the<br />

same basis as any other NQT – i.e. at the end of any<br />

extension, or if you choose not to extend, you will have to<br />

demonstrate at the appropriate assessment dates that<br />

you fully meet all the induction standards. Before<br />

deciding whether or not to exercise the option of<br />

extending your induction period by any or all of the 26<br />

weeks of OML, you will want to be sure that you are able<br />

to meet the Induction Standards and demonstrate that<br />

you have done so.<br />

If a voluntary extension is requested, we recommend that<br />

the total of the mandatory AML extension and any<br />

voluntary extension equate to the approximate number of<br />

your working days’ absence on maternity leave,<br />

calculated pro-rata if you return to work part-time – e.g.<br />

Page 21 of 78


with an absence of 100 full-time days we recommend an<br />

extension of 200 working days at a 0.5 contract.<br />

As a NQT you do not have to make a decision on a<br />

voluntary extension until you return to work. When the<br />

decision has been made, HCC’s NQT Co-ordinator, based<br />

in Education Personnel Services, must be informed<br />

immediately so that any extension can be notified to the<br />

General Teaching <strong>Council</strong> and your induction year can be<br />

recalculated.<br />

9.8 At a glance service requirements for leave for<br />

EHCC staff<br />

Service requirements for<br />

Ordinary <strong>Maternity</strong><br />

Leave<br />

No service requirement other than to be in<br />

employment under a contract with HCC. You<br />

must give your line manager 28 days’ written<br />

notice, or if that is not reasonably practicable,<br />

as soon as is, of:<br />

a) pregnancy<br />

b) expected date of birth<br />

c) date you intend to start ordinary maternity<br />

leave.<br />

The notice must be given by the end of the 15th<br />

week before the EWC.<br />

Ordinary <strong>Maternity</strong><br />

Leave<br />

(26 weeks)<br />

Can commence at 11th week before the<br />

expected week of childbirth (EWC).<br />

During the final 4 weeks prior to EWC, if off<br />

sick due to pregnancy related reason, OML<br />

would automatically be deemed to have started<br />

from the first day after you are absent.<br />

If the baby is born before the date specified for<br />

maternity lave, then maternity leave is deemed<br />

to have started on the day after the date of<br />

your baby's birth.<br />

Compulsory<br />

<strong>Maternity</strong> Leave<br />

This is a two-week period where you are not<br />

permitted by law to return to work. It occurs in<br />

the first two weeks following the birth of your<br />

baby. This is part of the Ordinary <strong>Maternity</strong><br />

Leave period.<br />

Additional<br />

<strong>Maternity</strong> Leave<br />

No service requirement other than to be in<br />

employment under a contract with HCC.<br />

Additional<br />

<strong>Maternity</strong> Leave<br />

(26 weeks)<br />

Commence additional maternity leave from the<br />

day following the last day of the OML period<br />

(this provides a total of 52 weeks absence).<br />

Page 22 of 78


9.9 At a glance service requirements for leave for<br />

teaching staff<br />

Service requirements for<br />

Ordinary<br />

<strong>Maternity</strong> Leave<br />

No service requirement other than to be in<br />

employment under a contract with HCC. You must<br />

give your line manager 28 days written notice, or if<br />

that is not reasonably practicable, as soon as is, of:<br />

a) pregnancy<br />

b) expected date of birth<br />

c) date you intend to start ordinary maternity leave.<br />

The notice must be given by the end of the 15th<br />

week before the EWC.<br />

Ordinary<br />

<strong>Maternity</strong> Leave<br />

(26 weeks)<br />

Can commence at 11th week before the expected<br />

week of childbirth (EWC).<br />

During the final 4 weeks prior to EWC, if off sick due<br />

to pregnancy related reason, OML would<br />

automatically be deemed to have started from the<br />

first day after you are absent.<br />

If the baby is born before the date specified for<br />

maternity leave, then maternity leave is deemed to<br />

have started on the day after the date of your baby's<br />

birth.<br />

Compulsory<br />

<strong>Maternity</strong> Leave<br />

This is a two-week period where you are not<br />

permitted by law to return to work. It occurs in the<br />

first two weeks following the birth of your baby. This<br />

is part of the Ordinary <strong>Maternity</strong> Leave period.<br />

Additional<br />

<strong>Maternity</strong> Leave<br />

No service requirement other than to be in<br />

employment under a contract with HCC.<br />

Additional<br />

<strong>Maternity</strong> Leave<br />

(26 weeks)<br />

Commence additional maternity leave from the day<br />

following the last day of the OML period (this<br />

provides a total of 52 weeks absence).<br />

Page 23 of 78


10 Other maternity related absences<br />

10.1 Health and well-being care<br />

If you have appointments, made on the advice of a<br />

registered medical practitioner, registered midwife or<br />

registered health visitor, to attend a clinic or any other<br />

place for ante-natal care (e.g. a hospital, a doctor’s<br />

surgery or health centre) you have a statutory entitlement<br />

to paid time off to attend. This entitlement is regardless<br />

of length of service or number of hours worked per week.<br />

Ante-natal care is not restricted to medical examinations,<br />

for example it could include, relaxation classes and<br />

parent craft classes as long as these are advised by a<br />

registered medical practitioner, registered midwife or<br />

registered health visitor.<br />

You must inform your line manager when you will require<br />

time off for ante-natal care, and, if asked by your line<br />

manager, you must produce your appointment card or<br />

some other document showing that an appointment has<br />

been made.<br />

10.2 Annual leave<br />

Annual leave entitlements still accrue during a<br />

period of maternity leave and should wherever<br />

possible be taken during the annual leave year to<br />

which it applies (e.g. before maternity leave<br />

commences). In exceptional circumstances where<br />

this is not possible, or if you are employed less than<br />

52 weeks/year, please discuss further with your line<br />

manager<br />

10.3 Sickness and maternity<br />

You are not entitled to receive sick pay and maternity pay<br />

for the same period.<br />

Sickness before commencement of maternity leave<br />

During pregnancy, and up to the 4 th week before the<br />

expected week of childbirth, if you are incapable of work<br />

due to illness before commencing your maternity leave<br />

you are entitled to sick pay in accordance with the<br />

provisions of your conditions of service.<br />

If you are certified medically unfit to remain at work after<br />

the 11 th week before your expected week of childbirth you<br />

may choose either to take sick leave or to commence your<br />

maternity leave.<br />

Page 24 of 78


From the beginning of the 4 th week before the expected<br />

week of childbirth, if you are absent wholly or partly<br />

because of pregnancy or childbirth, your maternity leave<br />

will automatically be triggered. <strong>Maternity</strong> pay will<br />

commence and you will not be entitled to sick pay. For<br />

absence that is unconnected with pregnancy or childbirth<br />

the situation continues to be as described in the previous<br />

paragraph.<br />

If there is a risk of Rubella (German Measles) at your<br />

place of work, and you have not been vaccinated against<br />

this disease, and are not immune to infection, you should<br />

absent yourself from work and obtain a medical<br />

certificate from your doctor. In these circumstances, you<br />

may be asked to work at another location where there is<br />

no risk of contracting Rubella.<br />

Sickness during your maternity leave.<br />

If you are ill while absent on maternity leave you are not<br />

entitled to contractual sick pay, even if your maternity<br />

leave is unpaid. Statutory Sick Pay (SSP) is not paid at<br />

the same time as SMP.<br />

Sickness on return from your maternity leave<br />

If you are ill and unable to return to work on a date<br />

previously notified, you must provide a doctor’s medical<br />

certificate to cover any period of sickness absence. You<br />

will be placed on the sickness scheme from the previously<br />

notified return to work date and the relevant conditions<br />

of service for sickness absence will apply.<br />

If you have returned from maternity leave and are<br />

incapable of work due to illness you will be entitled to<br />

sick pay in accordance with the provisions of your<br />

conditions of service.<br />

10.4 Parental Leave<br />

If you are due to commence maternity leave you may also<br />

elect to take this right to parental leave immediately<br />

following the end of your maternity leave. Please see<br />

Appendix 5 for further details of this scheme.<br />

10.5 Other family friendly schemes available<br />

There are a number of other family friendly schemes<br />

available for those employed with HCC. These schemes<br />

may apply to you directly or your partner if they work for<br />

HCC. Please see Appendix 5 for full details of these<br />

schemes.<br />

Page 25 of 78


11 <strong>Maternity</strong> pay<br />

11.1 <strong>Maternity</strong> pay schemes<br />

Page 26 of 78<br />

There are two main maternity pay schemes these are:<br />

The Statutory <strong>Maternity</strong> Pay (SMP) Scheme: This scheme is<br />

funded by the government and paid to you through HCC.<br />

It is based on your average pay/earnings.<br />

Occupational <strong>Maternity</strong> Pay (OMP) Schemes: These<br />

schemes are determined by the conditions of service<br />

which govern your employment based on your<br />

contractual pay.<br />

There are two differences between the SMP and OMP<br />

schemes:<br />

• how payments are calculated;<br />

• what qualifying service you must have.<br />

11.2 Statutory <strong>Maternity</strong> Pay (SMP) Scheme<br />

Qualification for SMP will depend on how long you have<br />

been working for HCC and how much you earn. SMP can<br />

be paid for a maximum of 39 weeks. The rules concerning<br />

SMP are very complex, and the details below provide only<br />

an overview of the scheme.<br />

How to qualify<br />

To qualify for SMP you must:<br />

• Have been employed continuously for a period of<br />

at least 26 weeks’ service with HCC at the 15 th<br />

week before your expected week of childbirth<br />

• Have average earnings of more than the lower<br />

earnings limit for the payment of National<br />

Insurance contributions<br />

• Still be pregnant at the 11 th week before your<br />

expected week of childbirth or have already given<br />

birth.<br />

Rates of SMP<br />

If you qualify for SMP you will receive:<br />

• During weeks 1 to 6 of your maternity leave period<br />

the earnings related rate - 90% of your normal<br />

weekly earnings.<br />

• During weeks 7 to 39 of your maternity leave<br />

period the standard rate – whichever is the lower of<br />

your earnings related rate or the weekly rate as


prescribed by the government. Your HR<br />

caseworker will be able to advise you of the current<br />

weekly rate as defined by the government. This<br />

rate is normally revised on an annual basis each<br />

April.<br />

Statutory maternity pay period<br />

Payment of SMP starts when you commence your<br />

maternity leave period. You may commence maternity<br />

leave any time after the beginning of the 11 th week before<br />

the expected week of childbirth without affecting<br />

entitlements to SMP. Therefore SMP will not be lost if you<br />

continue to work until your baby is born.<br />

The SMP pay period normally starts on a Sunday,<br />

however, where the maternity pay period is triggered by<br />

the birth or the start of a pregnancy related illness then<br />

SMP can start on any day of the week.<br />

Other information regarding SMP<br />

If you have a multiple birth you will only receive one<br />

payment of SMP.<br />

If your baby is born before your maternity leave is due to<br />

start, your SMP period will start from the day following<br />

the date of childbirth.<br />

SMP payments stop if you return to work before 39<br />

weeks, (except for “Keeping In Touch” (KIT) days (see<br />

Section 12).<br />

If you have two separate contracts of employment with<br />

HCC and/or school(s), in which you work and are making<br />

sufficient national insurance contributions under each<br />

contract, then you may be entitled to two payments of<br />

SMP. Your HR caseworker will be able to advise you on<br />

this point.<br />

If you work outside the European Economic Area (EEA)<br />

(European Union countries plus Iceland, Liechtenstein<br />

and Norway) at any time during the 39 weeks of the<br />

maternity pay period you will not be paid SMP. However,<br />

if you have only been visiting the EEA any SMP<br />

entitlement will continue.<br />

SMP will not be paid to you if you are taken into legal<br />

custody during your maternity pay period.<br />

For further information on SMP, you can visit the<br />

government’s direct.gov.uk interactive website. Please<br />

see Appendix 3 for further details.<br />

If you work during a statutory maternity pay period you<br />

will not, generally, be entitled to claim SMP for any whole<br />

week during which you work. Normally you will not be<br />

Page 27 of 78


allowed to work for HCC during the unpaid period of<br />

maternity leave (except for “Keeping In Touch” Days).<br />

11.3 Occupational <strong>Maternity</strong> Pay (OMP) Schemes<br />

Page 28 of 78<br />

How to qualify<br />

EHCC Staff<br />

• To qualify for OMP you must have at least one<br />

year’s continuous local government service<br />

regardless of the number of hours worked, at the<br />

beginning of the 11 th week before your EWC.<br />

Staff on Teachers’ Pay and Conditions<br />

• To qualify for OMP you must have at least one<br />

year’s continuous local government service as a<br />

teacher with one or more Local Authorities<br />

regardless of the number of hours worked, at the<br />

beginning of the 11 th week before your EWC.<br />

In addition, for staff on EHCC or Teachers’ Pay and<br />

Conditions, OMP will be made on the condition that you<br />

will be available, or able to return to work for a required<br />

period of time.<br />

Occupational maternity payments<br />

EHCC Staff<br />

If you qualify for OMP you will receive:<br />

• Weeks 1 to 6 (6 weeks) of your maternity leave<br />

period on 90% of your contractual pay, or 90% of<br />

your average weekly earnings, whichever is higher.<br />

• Weeks 7 to 18 (12 weeks) of your maternity leave<br />

period on half of your contractual pay or average<br />

weekly earnings, whichever is the lower. During<br />

weeks 7 to 18 you are also likely to be eligible to<br />

receive your standard rate of SMP in addition to<br />

your OMP, but only if you qualify for SMP.<br />

• Weeks 19 to 39 (21 weeks) of your maternity leave<br />

period on SMP only, if you qualify for SMP.<br />

• No pay for any remaining periods of maternity<br />

absence up to the date of return to work.<br />

Staff on Teachers’ Pay and Conditions<br />

If you qualify for OMP you will receive:<br />

• Weeks 1 to 4 (4 weeks) of your maternity leave<br />

period on full contractual pay.<br />

• Weeks 5 and 6 (2 weeks) of your maternity leave<br />

period on 90% of your contractual pay.


• Weeks 7 to 18 (12 weeks) of your maternity leave<br />

period on half of your contractual pay. During<br />

weeks 7 to 18 you are also likely to be eligible to<br />

receive your standard rate SMP in addition to your<br />

OMP, but only if you qualify for SMP.<br />

• Weeks 19 to 39 (21 weeks) of your maternity leave<br />

period on SMP only, if you qualify for SMP.<br />

• No pay for any remaining periods of absence up to<br />

the date of return to work.<br />

11.4 Requirement to repay OMP<br />

OMP is a contractual scheme, and paid on the basis that<br />

you return to work for a set timescale following the birth<br />

of your baby. Consequently, if you do not return to work<br />

for the necessary timescale, you will be liable to repay the<br />

12 weeks half OMP payments that you received during<br />

your maternity leave period.<br />

EHCC staff<br />

Payments made by HCC in respect of OMP, which is<br />

equivalent to 12 weeks at half pay, shall be made on the<br />

understanding that you will return to your job for a<br />

period of at least three months after your maternity leave.<br />

If you do not return to work for this period you will be<br />

required to repay those monies received, or such part<br />

thereof, as directed by HCC. The three months will start<br />

from the date you actually return to work.<br />

For staff employed on contracts of less than 52 weeks,<br />

periods of school closure or term time working<br />

arrangements are not included in this timescale.<br />

Please refer to the Section 13 - Returning to Work of this<br />

guide for more information.<br />

There is no requirement to repay any SMP payments<br />

received.<br />

Staff on Teachers’ Pay and Conditions<br />

If you are employed on teachers’ pay and conditions, and<br />

are eligible to receive OMP you will be required to repay<br />

the 12 weeks’ half pay received should you not return to<br />

your job for a period of at least 13 weeks or the full-time<br />

equivalent. Periods of school closure are included in this<br />

timescale.<br />

Please refer to the Section 13 - Returning to Work of this<br />

guide for more information.<br />

There is no requirement to repay any SMP payments<br />

received.<br />

Page 29 of 78


Arrangements for repaying OMP<br />

Your HR caseworker will calculate the amount that you<br />

must repay and, liaising with your line manager, make<br />

arrangements to recover the money.<br />

Please refer to Section 15 – Checking your payments are<br />

correct -for more information.<br />

11.5 Postponing payment of OMP<br />

To potentially avoid the necessity to repay OMP, it is<br />

possible for you to request your HR caseworker to<br />

suspend payment to you of those payments (i.e. the 12<br />

weeks at half pay) that you would be liable to repay if you<br />

are unable to return to work after the birth of your baby.<br />

If, having suspended payment of OMP, you do return to<br />

work after the birth of your baby and within the<br />

maximum period allowed for maternity leave, the<br />

suspended payments will be paid to you (with the usual<br />

deductions) with your first salary after returning to work.<br />

In order to retain this payment you will be required to<br />

return to work for the appropriate period, specified in the<br />

previous section.<br />

If you wish to suspend payment of 12 weeks’ half pay of<br />

OMP you should indicate this on Form M1.<br />

11.6 Combining OMP and SMP<br />

If you are entitled to a combination of the two payments,<br />

your entitlements will be calculated and paid by your HR<br />

caseworker in accordance with the following tables.<br />

EHCC Staff<br />

Weeks Entitlements Combination of SMP and OMP that will<br />

be received<br />

1 – 6 SMP - 90% Pay for 6 weeks<br />

OMP - 9/10ths pay for 6<br />

weeks.<br />

Payments made under the OMP scheme<br />

will be reduced so that the total of SMP<br />

and OMP is not more than 9/10ths pay<br />

7 – 18 12 weeks half pay. Full entitlement to SMP plus full<br />

entitlement to OMP are payable,<br />

provided that the total of these is not<br />

more than normal full pay. Where the<br />

total is more than full pay, OMP will be<br />

reduced so that full pay is not exceeded.<br />

19 - 39 Remaining 21 weeks will be<br />

paid at SMP.<br />

SMP only will be paid.<br />

40 – 52 12 weeks No pay<br />

Page 30 of 78


Teaching Staff<br />

Weeks Entitlements Combination of SMP and OMP that will be<br />

received<br />

1- 4 OMP - Full Pay for 4<br />

weeks<br />

SMP – 90% Pay for 4<br />

weeks<br />

5 - 6 OMP - 9/10ths pay for 2<br />

weeks.<br />

SMP - 90% Pay for 2<br />

weeks<br />

Payments made under the OMP scheme will<br />

be reduced so that the total of SMP and OMP<br />

is not more than full pay<br />

Payments made under the OMP scheme will<br />

be reduced so that the total of SMP and OMP<br />

is not more than 9/10ths pay<br />

7 - 18 12 weeks half pay. Full entitlement to SMP plus full entitlement to<br />

OMP are payable, provided that the total of<br />

these is not more than normal full pay. Where<br />

the total is more than full pay, OMP will be<br />

reduced so that full pay is not exceeded.<br />

19 – 39 Remaining 21 weeks will<br />

be paid at SMP.<br />

SMP only will be paid.<br />

40 – 52 12 weeks No pay<br />

11.7 How your maternity payments are made<br />

All maternity payments will be arranged by your HR<br />

caseworker based on the notifications provided by you,<br />

and authorised by your line manager.<br />

<strong>Maternity</strong> pay is paid to you during the maternity leave<br />

period in the same way and at the same frequency as<br />

your normal salary. It is important to note that you can<br />

only receive maternity pay whilst absent from work on<br />

maternity leave and consequently you cannot receive<br />

normal pay and maternity pay for the same period.<br />

Please refer to Section 15 – Checking your payments are<br />

correct -for more information.<br />

11.8 Deductions from maternity pay<br />

Tax and national insurance<br />

All payments under the Statutory and Occupational<br />

<strong>Maternity</strong> Pay schemes are treated as earnings and are<br />

therefore subject to income tax and national insurance<br />

deductions.<br />

Pension Scheme<br />

If you are a member of the Teachers’ or Local Government<br />

Pension Schemes you will have pension deductions made<br />

from your Occupational and Statutory <strong>Maternity</strong> Pay.<br />

Page 31 of 78


Local Government Pension Scheme (LGPS)<br />

For the period of ordinary maternity leave you will pay<br />

contributions on all contractual or statutory maternity<br />

pay. The first 26 weeks of ordinary maternity leave will<br />

count for pension purposes whether or not pay is<br />

received and contributions paid.<br />

For unpaid maternity leave in excess of 26 weeks, you<br />

can choose to pay contributions in order for the period to<br />

count in full for pension purposes. The contributions<br />

(payable by you as employee and your employer) are<br />

based on contractual pay immediately before the unpaid<br />

period started. If you wish to pay contributions you must<br />

confirm this in writing to Pensions Services, HCC<br />

Employer Team, (contact details in Appendix 1) within 30<br />

days of returning to work, or leaving the <strong>County</strong> <strong>Council</strong>’s<br />

employment if sooner.<br />

If you do not pay contributions, this period of unpaid<br />

leave will not count towards your pension.<br />

Teachers’ Pensions<br />

If you are receiving contractual or statutory pay, your<br />

pensionable service will continue to increase.<br />

Contributions will be based on the pay you get while<br />

absent. If you are not receiving any pay, you will no<br />

longer be a member of the scheme.<br />

When you return from maternity leave, if you have not<br />

opted out of the Teachers’ Pensions Scheme you will<br />

automatically be returned into the scheme.<br />

If you take a longer break after your contractual and<br />

statutory pay has expired, you can:<br />

• Leave your service in the scheme and this can add<br />

to any further service you do in the future. If the<br />

break is for more than five years, you would be<br />

treated as a new entrant upon returning.<br />

• Transfer your pension to another scheme.<br />

• Take your contributions out of the scheme if you<br />

have less than two years’ service.<br />

Union contributions<br />

Union contributions will continue to be deducted while<br />

you receive maternity pay.<br />

BUPA, staff loans and charity contributions<br />

These will not be deducted from maternity pay. If you<br />

usually have any of these items deducted from your pay<br />

you will have to make your own arrangements to pay<br />

these during your unpaid maternity leave period.<br />

Page 32 of 78


Hospital Savings Association (HSA)<br />

If you are a member of the HSA you may still be able to<br />

claim benefits during the period of unpaid leave. You<br />

should let HSA know well in advance of your period of<br />

unpaid leave.<br />

Leased car users<br />

If you have a leased car you have two options available to<br />

you depending on whether or not you intend to return to<br />

work. If you intend to return to work, you can either<br />

return the car before your maternity leave starts or keep<br />

the car throughout your maternity leave and continue to<br />

make your normal payments. If you intend to leave your<br />

employment, you can either return the car on the last<br />

day of employment or buy it.<br />

You should contact the Leased Car Section of the <strong>County</strong><br />

Treasurer’s department for further advice.<br />

Loans<br />

If you cease to be employed by HCC, all outstanding<br />

loans and interest will be repayable immediately.<br />

11.9 Childcare vouchers<br />

The childcare voucher scheme is managed on behalf of<br />

HCC by Computershare and any queries relating to<br />

childcare vouchers should be made directly to<br />

Computershare on 0845 002 1111.<br />

As SMP is calculated on the basis of your average<br />

earnings, your SMP will be based on your post sacrifice<br />

salary if you receive childcare vouchers during the<br />

qualifying period. You may wish to temporarily withdraw<br />

from the scheme during that time.<br />

HCC does not accept responsibility for loss of benefits as<br />

a result of joining a salary sacrifice scheme and cannot<br />

advise you on the effect of a salary sacrifice on these<br />

benefits. It is your responsibility to investigate this issue<br />

further and you should seek advice from your local<br />

Jobcentre Plus if you are worried about the impact of a<br />

salary sacrifice on your entitlement to state benefits.<br />

If you are in receipt of childcare vouchers you should<br />

contact Computershare as soon as possible to notify<br />

them of your pregnancy so that you can discuss your<br />

voucher requirements and arrangements over your<br />

maternity leave period including potential changes to<br />

your eligibility to purchase vouchers.<br />

Page 33 of 78


11.10 Employees with more than one employment with<br />

HCC<br />

If you have more than one employment with HCC, either<br />

in a department or in a school, the way that your<br />

maternity pay and national insurance contributions are<br />

calculated may differ. If you are in this situation you<br />

should contact your HR caseworker for further<br />

information on your specific circumstances.<br />

11.11 Entitlement to state benefits<br />

During pregnancy and for a year after the birth of your<br />

baby, you are entitled to free NHS prescriptions and<br />

dental care. You will also receive Child Benefit after your<br />

baby is born. You can obtain further information from<br />

the Department of Health or the Department for Work<br />

and Pensions respectively.<br />

<strong>Maternity</strong> allowance<br />

If you are not entitled to SMP or OMP you may be entitled<br />

to “<strong>Maternity</strong> Allowance”. If this is the case, you should<br />

contact the Department for Work and Pensions or your<br />

local Jobcentre Plus office for further information. If you<br />

are entitled to maternity allowance you are obliged to<br />

claim it and inform your line manager and your HR<br />

caseworker of your entitlement.<br />

Additional financial support<br />

If you are part of a low income family you may be able to<br />

gain additional financial support through Housing<br />

Benefit, <strong>Council</strong> Tax Benefit or Tax Credits. Further<br />

information is available from the Department for Work<br />

and Pensions.<br />

11.12 Entitlement in the event of miscarriage or stillbirth<br />

Before the end of the 24 th week of pregnancy:<br />

If you have a miscarriage before the end of the 24th week<br />

of your pregnancy (i.e. before the beginning of the 16 th<br />

week before the EWC) or your baby is stillborn before<br />

that date, you are not entitled to maternity benefits but<br />

will be entitled to statutory sick pay and payments in<br />

accordance with your occupational sick pay scheme. You<br />

should obtain a certificate from your GP to cover any<br />

sickness absence.<br />

After the end of the 24th<br />

week of pregnancy:<br />

If you have a stillbirth after the end of the 24th week of<br />

your pregnancy (i.e. at or beyond the beginning of the<br />

16 th week before the EWC) you are entitled to receive the<br />

full maternity benefits that you would have been entitled<br />

Page 34 of 78


to receive had the baby not been stillborn (e.g. any<br />

entitlements to SMP and OMP and maternity leave).<br />

11.13 Service requirements for Occupational and<br />

Statutory <strong>Maternity</strong> Pay benefits<br />

EHCC Staff<br />

Occupational<br />

<strong>Maternity</strong> Pay<br />

At least one year’s continuous local government<br />

service at the beginning of the 11th week before the<br />

expected week of childbirth.<br />

6 weeks @ 9/10th pay<br />

12 weeks @ half pay<br />

21 weeks SMP<br />

Statutory<br />

<strong>Maternity</strong> Pay<br />

A minimum of 26 weeks’ continuous service with<br />

HCC by the end of the 15th week before the<br />

expected week of childbirth and earn more than the<br />

lower earnings limit for the payment of NI<br />

contributions and still be pregnant at the 11th week<br />

before the EWC or have already given birth.<br />

Weeks 1-6 calculated @ 9/10th normal weekly<br />

earnings<br />

Weeks 7-39 standard rate payment as prescribed by<br />

the government or the earnings related rate;<br />

whichever is the lower<br />

Further Pay<br />

Information<br />

These two payments of OMP and SMP will be<br />

aggregated together so that at no time will you<br />

receive in excess of full pay.<br />

You must return to work for 3 months or will be<br />

required to repay the full amount of 12 weeks of half<br />

pay received under the Occupational <strong>Maternity</strong> Pay<br />

Scheme.<br />

Page 35 of 78


Teaching Staff<br />

Occupational<br />

<strong>Maternity</strong> Pay<br />

At least one year’s continuous local government<br />

service as a teacher with one or more local<br />

authorities at the beginning of the 11th week before<br />

the expected week of childbirth.<br />

Undertakes to return to your job for the required<br />

period following the end of maternity leave.<br />

4 weeks full pay<br />

2 weeks @ 9/10th pay<br />

12 weeks @ half pay<br />

21 weeks SMP<br />

Statutory<br />

<strong>Maternity</strong> Pay<br />

A minimum of 26 weeks continuous service with<br />

HCC by the end of the 15th week before the<br />

expected week of childbirth and earn more than the<br />

lower earnings limit for the payment of NI<br />

contributions and still be pregnant at the 11th week<br />

before the EWC or have already given birth.<br />

Statutory<br />

<strong>Maternity</strong> Pay<br />

Weeks 1-6 calculated @ 9/10th normal weekly<br />

earnings.<br />

Weeks 7-39 standard rate payment as prescribed by<br />

the government or the earnings related rate;<br />

whichever is the lower.<br />

Further Pay<br />

Information<br />

These two payments of OMP and SMP will be<br />

aggregated together so that at no time will you<br />

receive in excess of full pay.<br />

You must return to work for 13 weeks or the fulltime<br />

equivalent (fte) or will be required to repay the<br />

full amount of 12 weeks of half pay received under the<br />

Occupational <strong>Maternity</strong> Pay scheme.<br />

There are two rates of SMP, the standard rate that<br />

changes every April and the higher rate calculated on<br />

9/10ths of your average earnings. Employees who do not<br />

comply with the service requirements for SMP outlined<br />

will need to contact their local DWP to establish whether<br />

they qualify for a maternity allowance.<br />

Page 36 of 78


12 Keeping In Touch<br />

12.1 The purpose of “Keeping in Touch” (KIT) days<br />

This provision is designed to aid your return to work and<br />

to make it easier for you to keep in touch with your line<br />

manager and work colleagues during your maternity<br />

leave.<br />

You may come in to work for up to 10 days during your<br />

maternity leave without bringing your maternity leave to<br />

an end.<br />

The days can be worked consecutively or on a more ad<br />

hoc basis, provided that the overall limit of 10 is not<br />

exceeded.<br />

KIT days are different to the reasonable contact that<br />

employers and employees may make with one another.<br />

During KIT days you actually carry out work for your line<br />

manager.<br />

Social contact is not considered as “keeping in touch” as<br />

no work is undertaken and therefore is not paid (this<br />

would come under the heading of “reasonable contact”<br />

and not KIT days).<br />

You will not lose any SMP for working up to the<br />

maximum 10 KIT days. However, should you carry out<br />

any work (not a KIT day) you lose your entitlement to<br />

SMP for the whole week - even if you work only one day,<br />

or part of a day.<br />

Your line manager cannot insist that you carry out any<br />

work, including KIT days. Equally, you cannot insist on<br />

being given any work, including KIT days. The work to be<br />

undertaken needs to be agreed between your line<br />

manager and you prior to the KIT day being worked.<br />

Your maternity leave will not be extended due to the fact<br />

that you have carried out some KIT work during your<br />

maternity leave period.<br />

You will continue to receive SMP for the week in which<br />

you work a KIT day.<br />

Whether you work for one hour or a whole day, it will still<br />

be counted as one full day for “KIT” purposes and will be<br />

deducted as such from the entitlement of 10 days.<br />

There is currently no legal entitlement for you to receive<br />

payment for working a KIT day, only that you do not lose<br />

your entitlement to SMP. Whether you are paid any more<br />

for work that you do during the 10 KIT days will be a<br />

matter of agreement between your line manager and you.<br />

Issues to take into account will include the nature of the<br />

Page 37 of 78


work and its duration. Please refer to the department and<br />

school specific information below.<br />

Only your HR caseworker is able to put KIT days on your<br />

pay and personnel record to ensure that you continue to<br />

receive your correct payments. Your line manager should<br />

notify your HR caseworker to ensure this happens using<br />

the notification form available here.<br />

Department specific information<br />

The purpose of KIT days is to enable you to do a limited<br />

amount of work under your contract of employment and<br />

receive pay for the work done without losing your<br />

entitlement to statutory maternity pay. For example, the<br />

sort of activities it is anticipated will be covered by KIT<br />

days include:<br />

• Specific tasks agreed between the line manager<br />

and yourself e.g. the completion of a report or<br />

project.<br />

• Attendance at department or section away day.<br />

• Attendance at a specific training event to up-date<br />

you on specific developments within your work<br />

area.<br />

KIT days are not intended to cover any meetings which<br />

may take place between you and your line manager (e.g.<br />

planning return to work arrangements), unless the<br />

duration of the meeting is significant and considered<br />

essential to the performance of your role and cannot be<br />

undertaken after your actual return to work.<br />

The type of work or activity undertaken during KIT days<br />

should amount to at least half of your normal working<br />

day.<br />

Although there is no legal requirement to pay you for<br />

working KIT days, HCC has elected to make payments to<br />

department based staff, irrespective of your pay and<br />

conditions of employment, on the following basis:<br />

• For the purposes of calculating a daily rate of pay,<br />

your FTE Salary will be divided by 365.<br />

• If you work a part day, your FTE Salary will be<br />

divided by 365, then 7.4, and multiplied by the<br />

actual number of hours worked.<br />

You will receive payment for your KIT day attendance<br />

inclusive of the daily rates of SMP and OMP you are due<br />

to receive, on the proviso that you do not earn in that<br />

week more than you would have done had you not been<br />

on maternity leave.<br />

Page 38 of 78


School specific information<br />

The purpose of KIT days is to enable you to do a limited<br />

amount of work under your contract of employment and<br />

receive pay for the work done without losing your<br />

entitlement to statutory maternity pay. For example, the<br />

sort of activities it is anticipated will be covered by KIT<br />

days include:<br />

• Work related meetings where the duration of the<br />

meeting is significant and considered essential to<br />

the performance of your role and cannot be<br />

undertaken after your actual return to work<br />

• An element of your “normal” work (aspect of role<br />

profile/job description)<br />

• Specific tasks agreed between line manager and<br />

yourself e.g. job related training (such as INSET for<br />

school staff)<br />

• Planning, preparation and assessment activities.<br />

A day’s work will be the hours or shift pattern normally<br />

worked by you on that day.<br />

Although there is no legal requirement to pay you for<br />

working KIT days, HCC recommends that school based<br />

staff, irrespective of your pay and conditions of<br />

employment, are paid on the following basis:<br />

• For the purposes of calculating a daily rate of pay,<br />

your FTE Salary will be divided by 365. As a KIT<br />

attendance should reflect a normal full day’s work,<br />

if you work a KIT day you will be paid a full day’s<br />

pay (1/365 th of your FTE salary).<br />

Under the provisions of Local Management of Schools,<br />

Headteachers and Governing Bodies can choose to<br />

organise payments differently to the above guidance. It is<br />

strongly recommended that if schools do choose an<br />

alternative payment that the rate of pay they choose is<br />

still linked to the appropriate pay scale. If schools choose<br />

this option they will need to alert your HR caseworker<br />

and ensure that you are clear on how payment will be<br />

calculated.<br />

Alternatively, schools may elect to make no payment to<br />

staff who work a KIT day.<br />

You will receive payment for your KIT day attendance<br />

inclusive of the daily rates of SMP and OMP you are due<br />

to receive, on the proviso that you do not earn in that<br />

week more than you would have done had you not been<br />

on maternity leave.<br />

Page 39 of 78


13 Returning to work<br />

13.1 Nature of right to return<br />

If you are absent on OML and/or AML you have the right<br />

to return:<br />

• To the job in which you were employed before your<br />

absence under your original contract of<br />

employment (for this purpose “job” means the<br />

nature of the work which you were employed to do<br />

and the capacity and place in which you were so<br />

employed).<br />

• And to return on terms and conditions not less<br />

favourable than those which would have been<br />

applicable to you if you had not been absent.<br />

If you remain absent on AML you have the right to<br />

return:<br />

• If it is not reasonably practicable for your line<br />

manager to permit your return to that job, to<br />

another job which is both suitable and appropriate<br />

for you to do in the circumstances. You also have<br />

the right to return with your seniority, pension<br />

rights and similar rights, and on terms and<br />

conditions not less favourable than those which<br />

would have been applicable if you had not been<br />

absent.<br />

13.2 Notification of intention to return to work or<br />

resign<br />

There is no need for you to notify your line manager of<br />

the date of your return to work if you plan to take your<br />

full OML and AML entitlement (52 weeks). However, if<br />

you want to return earlier than the date on which your<br />

AML period ends, you must provide the notice as detailed<br />

below. Otherwise, you will be expected to return to work<br />

on the next working day following the end of your AML<br />

period.<br />

To return early from AML, you will be expected to give the<br />

appropriate number of days’ written notice. If this is not<br />

received, your return to work can be postponed by the<br />

requisite period of notice or to the end of your AML<br />

period, whichever is sooner.<br />

EHCC staff<br />

You must give at least 21 days written notice of an<br />

early return to work from AML.<br />

Page 40 of 78


Teaching staff<br />

You must give at least 21 days written notice of an<br />

early return to work from AML.<br />

Alternatively, if you decide not to return to work you<br />

must give written notification of your resignation. This<br />

written notification should be sent or given to your line<br />

manager, with a copy to your HR caseworker for<br />

recording purposes.<br />

13.3 Postponement of return by the line manager<br />

Your line manager can only postpone your return to work<br />

if you wish to return to work early from maternity leave,<br />

but have not given the required period of written notice.<br />

If it is necessary to postpone your return to work your HR<br />

caseworker, after consultation with your line manager,<br />

will notify you in writing of the postponement and of the<br />

revised date on which you will be expected to return to<br />

work.<br />

13.4 School based staff - returning to work during a<br />

school holiday period<br />

Staff on EHCC pay and conditions may return to work<br />

during a school holiday period. Normal pay will be<br />

restored with effect from the date of return. If you work<br />

for less than 52 weeks per year, and if your return to<br />

work date falls during a school holiday period, the<br />

holiday period will not be included when calculating the<br />

3 month return to work period. This is required in order<br />

for you to retain the 12 weeks’ half pay received under<br />

the OMP scheme.<br />

Staff on teachers pay and conditions are required to<br />

provide a medical certificate indicating their return to<br />

work date and their fitness to make a return from this<br />

date. This then allows for the holiday period to be<br />

included when calculating the 13 (full time equivalent)<br />

weeks return to work in order to retain the 12 weeks’ half<br />

pay received under OMP. Normal pay will be restored<br />

from the date that you are certified as medically fit to be<br />

available for work.<br />

13.5 Returning to work part-time<br />

There is no automatic right to return to work on fewer<br />

hours than those worked under your contract of<br />

employment prior to your maternity leave. However,<br />

provided that it does not present any operational<br />

difficulties for your school or department, a request to<br />

work fewer hours or flexible hours will be given serious<br />

consideration by your line manager. The future working<br />

arrangements should be discussed with your line<br />

Page 41 of 78


manager, in consultation with your HR caseworker, at<br />

the earliest possible opportunity.<br />

Staff on teachers’ pay and conditions<br />

If you want to return to work on fewer hours than those<br />

you worked before your maternity leave, you will have to<br />

complete a longer period of service (equating to 13 weeks<br />

of full-time service) once you have returned. This entitles<br />

you to retain all the maternity payments you received<br />

under the OMP scheme. Please contact your HR<br />

caseworker for details.<br />

If you are not currently a member of the Teachers’<br />

Pensions scheme and you return to work on a revised<br />

contract (e.g. change in hours) you will automatically join<br />

the Teachers’ Pensions scheme. If it is still your intention<br />

not to be a member of the scheme, you will need to<br />

contact Teachers’ Pensions to obtain the relevant form<br />

which is available on the Teachers’ Pensions website.<br />

More information about the scheme can be obtained from<br />

Teachers’ Pensions by referring to the online guide<br />

Further details about the statutory right to apply for<br />

flexible working is noted below.<br />

13.6 Flexible working<br />

Parents can request flexible working, subject to the<br />

following criteria.<br />

You are eligible if you are the parent of a child/children<br />

aged 17 or under, or of a disabled child/children under<br />

18 and have the right to apply to work flexibly.<br />

Applications should be made in writing to your line<br />

manager.<br />

Your requested change must relate to one or more of the<br />

following:<br />

• Your hours of work<br />

• Your times of work<br />

• Where you are required to work (e.g. at home or<br />

place of work)<br />

• Or any other such aspect of your terms and<br />

conditions.<br />

The purpose of any such request is to enable you to care<br />

for your child.<br />

You will be expected to state how you view the proposed<br />

changes will work in practice. Your line manager will give<br />

serious consideration to each request. If your application<br />

Page 42 of 78


is refused, a further request can be made in one years’<br />

time.<br />

Further advice and information about flexible working is<br />

available from your HR caseworker.<br />

13.7 Job sharing<br />

Job sharing is a part-time working arrangement where<br />

two (or more) people divide the duties and responsibilities<br />

of one post. The salary and conditions of service are<br />

divided equally between the job sharers according to the<br />

hours worked.<br />

The application of this scheme is subject to the<br />

agreement of your line manager, subject to the needs of<br />

the business being paramount. Further advice about the<br />

application of job sharing and part-time working will be<br />

available from HR.<br />

13.8 Career breaks<br />

HCC does not operate a Career Break Scheme.<br />

13.9 Reasonable contact<br />

Whilst you are on maternity leave you are likely to be<br />

very busy. However, your line manager should encourage<br />

you to keep in touch during your absence.<br />

Your line manager should arrange with you, prior to the<br />

commencement of your maternity leave, the contact<br />

arrangements that will be in place during your maternity<br />

leave. Contact arrangements should take into<br />

consideration your right to a private and family life,<br />

whilst at the same time, keeping you up-to-date with<br />

vacancies, any significant workplace developments and<br />

training opportunities to help you settle back into your<br />

role when you return to work. Consequently, your line<br />

manager may send you copies of newsletters, service<br />

information, minutes of relevant meetings and invite you<br />

to staff briefings or meetings.<br />

Not only is there an expectation for your line manager to<br />

maintain contact with you, there is also an expectation<br />

for you to make contact with your line manager.<br />

You are encouraged to contact your line manager to find<br />

out how things are at work. Just as importantly, you<br />

should let your line manager know how you are, and<br />

discuss any changes which would relate to your return to<br />

work, or circumstances which are relevant to your<br />

maternity case and will help ensure correct payment of<br />

maternity benefits.<br />

Page 43 of 78


13.10 Protection from unfair treatment<br />

You are protected in law from unfair treatment at work in<br />

connection with your pregnancy, childbirth or taking<br />

maternity leave.<br />

13.11 Further maternity leave<br />

There is no limit to the number of times you may take<br />

maternity leave and no re-qualification requirements<br />

between periods of maternity leave, subject to you<br />

maintaining your continuous service.<br />

13.12 Continuous service<br />

The whole of your maternity leave is counted as service<br />

with HCC.<br />

13.13 Any queries<br />

If you have any queries about any aspect of your<br />

maternity leave or pay, you should discuss these with<br />

your HR caseworker who will be able to give you further<br />

advice.<br />

Page 44 of 78


14 Resignation or termination of<br />

employment<br />

14.1 Before maternity leave<br />

EHCC staff<br />

In exceptional circumstances, you may decide to resign<br />

from your post, and not take your maternity<br />

entitlements. In these circumstances, your entitlements<br />

to both OMP and SMP are dependent upon your length of<br />

service. If you are entitled to any statutory maternity pay,<br />

you will be informed by your HR caseworker. Your leaving<br />

date with HCC will be entered on your personnel and pay<br />

record, but we will continue to pay your statutory<br />

payments, which may extend beyond your resignation<br />

date.<br />

Teaching staff<br />

If you are pregnant but do not wish to apply to take<br />

maternity leave, you should notify your line manager in<br />

writing that you wish to terminate your appointment,<br />

giving at least 28 days’ notice, or as soon as possible. In<br />

these circumstances, your appointment shall terminate:<br />

• either with your agreement, or<br />

• if because of your pregnancy you are incapable of<br />

doing your own or some other suitable work, at a<br />

date 11 weeks prior to the EWC, or<br />

• at some other date less than 11 weeks before your<br />

EWC.<br />

Please note that there would be no entitlement to receive<br />

any OMP, only SMP if you meet the SMP qualifying<br />

requirements.<br />

14.2 During maternity leave<br />

If you have given birth, and are absent on either OML or<br />

AML, and decide that you do not intend to return to work<br />

after your maternity leave, you should notify your line<br />

manager in writing that you wish to terminate your<br />

employment and not return after your maternity leave.<br />

This written notification must be given before the end of<br />

your maternity leave, specifying your effective date of<br />

termination, and providing your contractual notice (or a<br />

shorter period that is mutually agreed with your line<br />

manager). Please note that if you received the 12 weeks’<br />

half pay under the terms of the OMP Scheme, you will be<br />

required to repay this..<br />

Page 45 of 78


14.3 After maternity leave<br />

EHCC staff<br />

If you return to work after your maternity leave and then<br />

wish to resign you will be bound by the normal terms and<br />

conditions outlined in EHCC and any other local<br />

agreements:<br />

• One calendar week’s notice in writing is required<br />

from you for the ending of a temporary or fixedterm<br />

contract, subject to the terms of your<br />

individual contract of employment.<br />

• For staff graded at EHCC A-E, one calendar<br />

month’s notice in writing is required from you for<br />

the ending of a permanent contract, subject to the<br />

terms of your individual contract of employment.<br />

• For staff graded at EHCC F-G, two calendar<br />

months’ notice in writing is required from you for<br />

the ending of your contract, subject to the terms of<br />

your individual contract of employment.<br />

• For staff graded at EHCC Grade H and above,<br />

three calendar months’ notice in writing is<br />

required from you for the ending of your contract,<br />

subject to the terms of your individual contract of<br />

employment.<br />

Teaching staff<br />

If you return to work after your maternity leave and then<br />

wish to resign from your post, you will be bound by the<br />

notional terms of the resignation dates for teachers<br />

outlined in the Burgundy Book”.<br />

Teacher<br />

Headteacher<br />

Teacher<br />

Headteacher<br />

Teacher<br />

Headteacher<br />

For resignation by the<br />

end of<br />

Spring Term<br />

30 April<br />

Summer Term<br />

31 August<br />

Autumn Term<br />

31 December<br />

Give Notice By<br />

28 February<br />

31 January<br />

31 May<br />

30 April<br />

31 October<br />

30 September<br />

Page 46 of 78


15 Checking your payments are correct<br />

Your HR caseworker will calculate the amount of<br />

statutory and occupational maternity pay you are due to<br />

receive.<br />

All maternity payments will be arranged by your HR<br />

caseworker based on the notifications you provide and<br />

authorised by your line manager. <strong>Maternity</strong> pay is paid to<br />

you during your maternity leave period in the same way<br />

and at the same frequency as your normal salary.<br />

15.1 Underpayments and overpayments<br />

Whilst your HR caseworker will make every effort to<br />

ensure that you are paid the correct salary and<br />

allowances due to you whilst on maternity leave,<br />

occasionally errors do occur and it is the responsibility of<br />

whoever finds the error to raise this appropriately.<br />

Due to the length of time you may be absent on maternity<br />

leave, errors in your pay may extend over a short or long<br />

period, and may have been identified quickly or after a<br />

substantial amount of time.<br />

To help minimise the potential for incorrect payments<br />

occurring it is important that you and your line manager<br />

ensure that your HR caseworker is notified of all relevant<br />

changes to your status throughout the run up to your<br />

maternity leave, during your maternity leave and during<br />

your required return to work period.<br />

15.2 Identification and responsibility for managing over<br />

and underpayments<br />

Underpayment<br />

It is an over-riding principle that where any<br />

underpayment is identified it will be corrected promptly<br />

and any balance of monies owed to you made in the next<br />

available pay run.<br />

It may sometimes be possible to forward any outstanding<br />

money to you sooner, subject to meeting the relevant<br />

criteria defined in <strong>Hampshire</strong> <strong>County</strong> <strong>Council</strong>’s Pay<br />

Advance Policy available on the intranet.<br />

Overpayments<br />

It is an over-riding principle that steps to recover any<br />

overpayment will be taken, that they be taken promptly<br />

and that the timescale, from discovery to a repayment<br />

plan being put in place, should not normally extend<br />

beyond two months.<br />

Page 47 of 78


Errors may be identified by your line manager checking<br />

their monthly payroll reports, by your HR caseworker<br />

processing a leaver action, or by you through your<br />

monthly pay advice notification. If you find a mistake or<br />

have a query regarding your maternity pay you must<br />

notify your line manager who can arrange a mutually<br />

agreeable repayment plan that can be set up by your HR<br />

caseworker.<br />

Your HR caseworker will provide details of the<br />

overpayment for your line manager to discuss with you<br />

and negotiate the timing of repayment. The responsibility<br />

for managing and co-ordinating the overpayment and<br />

recovery process lies with your line manager working in<br />

conjunction with other parts of HR, including your HR<br />

caseworker and Employment Practice Centre or<br />

Education Personnel Services.<br />

15.3 The legal context<br />

<strong>Hampshire</strong>’s overpayment policy is compliant with the<br />

relevant statutory legislation. Under the Employment<br />

Rights Act 1996 [Part II, Section 14(1)] HCC is not<br />

entitled to deduct sums from wages due to you without<br />

your consent. There is, however, a specific exemption for<br />

deductions to recover:<br />

• Any overpayment of wages.<br />

• Any overpayment of expenses incurred by you in<br />

carrying out your employment, made (for any<br />

reason) by your employer to you.<br />

Where there is a deduction to recover an overpayment of<br />

wages or expenses, HCC does not require a written<br />

mandate from you, but your line manager will always try<br />

to work with you to agree a mutually acceptable<br />

repayment plan.<br />

If an overpayment is identified and you are leaving your<br />

employment, HCC reserves the right that any<br />

overpayment will be collected from your final salary. If,<br />

after this action, there is any outstanding balance this<br />

will be invoiced in the same way as any other employee<br />

leaving HCC and the overpayment will be passed to the<br />

<strong>County</strong> Treasurer’s Debt Recovery Team.<br />

Page 48 of 78


16 Health and safety<br />

This section deals with the health and safety of women<br />

who are pregnant, have recently given birth or are<br />

breastfeeding.<br />

In most situations, if your general health is good you<br />

should be able to do all or at least most of the job you did<br />

before becoming pregnant. Nevertheless pregnancy may<br />

place extra strain on you so you should be advised to<br />

take steps to safeguard yourself and your unborn child.<br />

The first three months of pregnancy are when your<br />

unborn child is particularly vulnerable and in certain<br />

occupations extra protective measures may be required.<br />

Safe and healthy working conditions will depend on your<br />

individual circumstances and the majority of workplaces<br />

in HCC do not pose risks for pregnant women. However,<br />

health and safety law requires assessment of the risks to<br />

new and expectant mothers at work. The overview of HCC<br />

is that the health and safety implications for pregnant<br />

employees can be adequately addressed by normal<br />

management procedures. As individual circumstances<br />

can vary there is a need for a risk assessment to be<br />

undertaken by your line manager in conjunction with<br />

you. Line managers will therefore be provided with<br />

guidance which explains how this should be done.<br />

16.1 Common hazards<br />

Physical factors<br />

Employees should avoid heavy lifting and long periods of<br />

standing. Other risks at work to avoid are:<br />

• Shocks, vibration or movement<br />

• Manual handling of loads<br />

• Ionising and non-ionising radiation<br />

• Extremes of heat and cold.<br />

Biological factors<br />

Teachers, nurses and agricultural workers among others<br />

should avoid exposure to the following:<br />

• listeria<br />

• toxoplasma<br />

• rubella<br />

• cytomegalovirus<br />

• chickenpox.<br />

Page 49 of 78


It is advisable for you to stay away from work if your<br />

doctor considers that there is a risk of contracting one of<br />

these diseases (this applies mostly in the early months of<br />

pregnancy). If you are advised not to go into work, you<br />

will be granted leave with full pay provided you do not<br />

unreasonably refuse to work in a different location.<br />

Chemical factors<br />

Nurses, pharmacists and laboratory staff among others<br />

should avoid exposure to:<br />

• lead and lead derivatives<br />

• solvents<br />

• mercury<br />

• certain benzene hydrocarbons<br />

• anaesthetic gases.<br />

If a risk is identified, measures must be taken to protect<br />

employees from it. These should be done in the following<br />

sequence:<br />

• introduce safety measures to control the risk.<br />

• temporarily adjust working conditions and hours.<br />

• temporarily relocate the employee to another job.<br />

• give paid time off.<br />

If you have any concerns about your health and safety<br />

while at work you should bring these to the attention of<br />

your line manager immediately.<br />

Please contact your Health and Safety team for further<br />

advice on health and safety matters for new and<br />

expectant mothers at work.<br />

16.2 Employee Support Line (ESL)<br />

HCC has a free face-to-face counselling service for staff<br />

who need support with personal or work related issues.<br />

This service is totally confidential within The British<br />

Association for Counselling Ethical Framework and<br />

staffed by experienced and trained counsellors. The<br />

support line can be contacted on 023 8062 6606 and<br />

further details are available on the ESL website.<br />

16.3 Teacher Support Line<br />

There is a free 24-hour counselling support service for<br />

teachers who may need support with personal or work<br />

related issues. This service is confidential and is provided<br />

by the Teacher Support Network. The ‘phone number is<br />

08000 562 561.<br />

Page 50 of 78


There is also a free one to one counselling service for<br />

HCC Headteachers who may also need support with<br />

personal or work related issues. This service is<br />

confidential and is provided by the NHS. The ‘phone<br />

number is 01962 825600. Please ask for the<br />

Headteachers’ Support Line.<br />

Page 51 of 78


17 Frequently Asked Questions<br />

Question 1<br />

Answer<br />

Question 2<br />

Answer<br />

Question 3<br />

Answer<br />

Question 4<br />

Answer<br />

Question 5<br />

Answer<br />

Question 6<br />

Answer<br />

Question 7<br />

Answer<br />

Do I have an entitlement to take Additional <strong>Maternity</strong> Leave?<br />

Yes, in addition to Ordinary <strong>Maternity</strong> Leave and regardless<br />

of when you began working for your employer, as long as<br />

you have a contract of employment, whether permanent or<br />

temporary, or fixed-term.<br />

What do I have to tell my employer and when?<br />

That you are pregnant, the expected date of birth of your<br />

baby and when you want to start maternity leave.<br />

This information is required by the end of the 15 th week<br />

before the expected week of childbirth. You are also<br />

required to give 28 days’ notice of the date you intend to<br />

start maternity leave.<br />

Do I have to put this information in writing?<br />

Yes, if your employer requests it. As part of our maternity<br />

scheme guidance, we provide you with a form to complete<br />

(M1) which asks for the necessary information.<br />

Why do I have to tell my employer of my pregnancy?<br />

This enables your employer to conduct a risk assessment<br />

with you about your role and also alerts your line manager to<br />

your need to have time off for ante-natal appointments.<br />

What happens if I indicate my intention to resign my post<br />

rather than start maternity leave?<br />

You lose the right to receive any of the Occupational Pay<br />

benefits (these require you to make a return to your post).<br />

You will however be entitled to receive Statutory <strong>Maternity</strong><br />

Pay, if you qualify for it.<br />

When can I start my maternity leave?<br />

The earliest you can begin maternity leave is 11 weeks before<br />

the expected week of childbirth.<br />

Can I change the date I want to start my maternity leave on?<br />

Yes, but you will be required to give 28 days notice of this<br />

changed date. There is a form M1A which you may wish to<br />

use when giving 28 days notice of your changed date of<br />

maternity leave<br />

Page 52 of 78


Question 8<br />

Answer<br />

Question 9<br />

Answer<br />

Question 10<br />

Answer<br />

Question 11<br />

Answer<br />

Question 12<br />

Answer<br />

Question 13<br />

Answer<br />

Question 14<br />

Answer<br />

What if I’m sick - I’ve heard that my maternity leave might be<br />

automatically started?<br />

Only if you have reached the 4 th week before the expected<br />

week of childbirth and only then if your sickness is specifically<br />

identified as pregnancy related.<br />

I cannot afford to remain absent from work for long. What is<br />

the minimum amount of time I can take maternity leave for?<br />

There is a specific two-week period after the birth of the<br />

baby known as the compulsory maternity leave period where<br />

you would not be able to return to work.<br />

What if my baby is born before the date I specified as<br />

commencing maternity leave?<br />

Your maternity leave and pay period will be deemed to have<br />

started on the day following the date your baby was born.<br />

How do I qualify for <strong>Maternity</strong> Pay?<br />

There are two types of maternity pay, Statutory <strong>Maternity</strong> Pay and<br />

Occupational <strong>Maternity</strong> Pay.<br />

You have to be in employment with your employer for a minimum<br />

of 26 weeks at the 15 th week before EWC to qualify for SMP and<br />

one year at 11 th week (for EHCC07 staff)/15 th week (for teaching<br />

staff) before the EWC to qualify for OMP.<br />

Please refer to Section11 of this guide for additional qualification<br />

requirements for SMP.<br />

What if I don’t qualify for pay - what can I do?<br />

Still complete Form MP1; this enables PCSS to provide you with a<br />

form to take to the DWP/Job Centre Plus, and apply for a<br />

<strong>Maternity</strong> Allowance.<br />

I have more than one contract with HCC - does this mean I will<br />

receive two periods of maternity leave?<br />

No, these contracts run at the same time and maternity leave will<br />

be taken at the same time from both posts. Any pay entitlements<br />

will be paid according to your entitlement to receive maternity pay<br />

and at no time will you receive in excess of full pay for each post.<br />

I want to return to work part-time - can my line manager insist I<br />

return full time?<br />

There is no automatic right to work part time. You only have the<br />

right to return to the post you held prior to starting maternity<br />

leave. However, consideration should be given by your line<br />

manager to any such request for part-time work.<br />

Page 53 of 78


Question 15<br />

Answer<br />

Question 16<br />

Answer<br />

Question 17<br />

Answer<br />

Question 18<br />

Answer<br />

Question 19<br />

Answer<br />

Question 20<br />

Answer<br />

Can my employer turn down a request to work flexibly?<br />

Yes, but the employer would have to provide the<br />

organisational/business reasons for such a decision. You can reapply<br />

after one year.<br />

I want to return to work and have agreed the reduced hours with<br />

my employer. Is there anything else I should do?<br />

Ensure that the details of reduced hour working have been notified<br />

to PCSS and for teachers only, actively elect to pay pension<br />

contributions on this reduced hour working.<br />

I am a teacher and intend to return to work during the school<br />

holiday period - do I have to supply a medical certificate?<br />

If you wish to return to work on a date which occurs during a<br />

holiday period and you also wish to have the holiday period<br />

included in the calculation of the 13 weeks (or part-time equivalent)<br />

for which you are required to return to work in order to retain<br />

your entitlement to OMP, you need to be declared medically fit to<br />

be available for work. If you choose not to submit a medical<br />

certificate to this effect, the calculation of the 13 weeks (or parttime<br />

equivalent) will start from the date you actually return to<br />

work.<br />

I am hoping to change jobs shortly, but I am also on maternity leave<br />

and will not be available to work until a few months’ time. Does the<br />

prospective employer have to consider my application?<br />

Yes, unless the post is specifically to cover a set period and this is<br />

when you are still on maternity leave.<br />

I am employed on a fixed-term contract - does this mean that I will<br />

not be able to make a return to work?<br />

You should seek to establish from your line manager if your fixedterm<br />

contract will be extended. If it is extended you would be able<br />

to return to work. If your contract were to end during the<br />

maternity leave period your line manager must bring to your<br />

attention suitable alternative posts that are available and give you<br />

proper consideration for further employment.<br />

I have heard that there may be redundancies at my unit or school<br />

and I wonder if I could be made redundant when I’m on maternity<br />

leave?<br />

Yes, however, you cannot be selected for redundancy just because<br />

you are on maternity leave. The unit or school would have to<br />

follow an agreed procedure and apply the criteria to determine<br />

who should be selected. Prior consultation should take place with<br />

you; however you should be offered a suitable alternative vacancy<br />

where one exists, provided that the work is suitable and<br />

appropriate to the circumstances. The terms and conditions should<br />

not be substantially less favourable than those of your original post.<br />

Page 54 of 78


Question 21<br />

Answer<br />

Question 22<br />

Answer<br />

Question 23<br />

Answer<br />

Question 24<br />

Answer<br />

Question 25<br />

Answer<br />

Do I have to return to the same unit or school to retain my<br />

maternity benefits?<br />

Yes, in most cases you should seek to return to the job in which<br />

you were employed prior to commencing maternity leave.<br />

However, should you gain employment at another unit or school,<br />

please contact PCSS who will be able to advise you of the<br />

implications on your maternity pay.<br />

What if I exceed my additional maternity leave periods of maternity<br />

leave?<br />

You will lose your right to return to your post.<br />

What if I undertake any paid work during my maternity leave, will I<br />

lose any of my maternity pay or leave?<br />

You may work for up to 10 “Keeping In Touch” (KIT) Days with<br />

your employer without your maternity leave or pay being affected.<br />

Any other work would affect your maternity leave and pay. You<br />

may also lose the right to return to your job.<br />

If I don’t give the required notice of my intention to start maternity<br />

leave, what will I lose?<br />

You will lose part of your statutory maternity pay entitlement,<br />

which is calculated from the day you commence maternity leave.<br />

Parental leave is unpaid, if I took this immediately following my<br />

maternity leave, could it be counted as a return to work?<br />

No.<br />

Page 55 of 78


Appendix 1 – contact details<br />

Pay & Contract Support Services<br />

<strong>Hampshire</strong> House<br />

Third Floor 84-98 Southampton Road<br />

Eastleigh<br />

<strong>Hampshire</strong> SO50 5PA<br />

Courier C548A<br />

Telephone 023 8038 3000<br />

Intranet pages: http://intranet.hants.gov.uk/hr/hrcentres/pcss-home.htm<br />

Schools E-mail:<br />

pcss.schools.support.group@hants.gov.uk<br />

Departments E-mail:<br />

pcss.departmental.support@hants.gov.uk<br />

Department queries<br />

Employment Practice Centre<br />

Athelstan House<br />

St Clement Street<br />

Winchester SO23 9DR<br />

Courier C138<br />

Telephone 01962 813999<br />

School Queries<br />

Education Personnel Services<br />

2 nd Floor, <strong>Hampshire</strong> House<br />

84-98 Southampton Road<br />

Eastleigh<br />

<strong>Hampshire</strong> SO50 5PA<br />

Courier C548A<br />

Salary Sacrifice Scheme Computershare<br />

Telephone Number: 0845 002 1111<br />

Provider is Computershare.<br />

Page 56 of 78


Local Government Pension Services<br />

Pensions Services<br />

<strong>County</strong> Treasurer’s Department<br />

<strong>Hampshire</strong> <strong>County</strong> <strong>Council</strong><br />

The Castle<br />

Winchester<br />

<strong>Hampshire</strong> SO23 8UB<br />

Tel: 01962 845558<br />

Email: pensions@hants.gov.uk<br />

Teachers Pension Services<br />

Teachers' Pensions<br />

Capita Hartshead<br />

Mowden Hall<br />

Darlington<br />

DL3 9EE<br />

Tel: 0845 6066166 (local rate)<br />

Tel: 01325 745000 (national rate)<br />

Minicom: 0845 6099899<br />

Fax: 01325 745789<br />

Page 57 of 78


Appendix 2 - Glossary of acronyms and terms<br />

Acronyms<br />

AML - Additional <strong>Maternity</strong> Leave<br />

CML - Compulsory <strong>Maternity</strong> Leave<br />

DWP - Department for Work and Pensions<br />

EHCC - Employment in HCC<br />

EPC - Employment Practice Centre<br />

EPS - Education Personnel Services<br />

ESL - Employee Support Line<br />

EWC - Expected Week of Childbirth<br />

GP - General Practitioner<br />

GTC - General Teaching <strong>Council</strong><br />

HCC - <strong>Hampshire</strong> <strong>County</strong> <strong>Council</strong><br />

PCSS - Payroll & Contract Support Services<br />

HSA - Hospital Savings Association<br />

LA - Local Authority<br />

MSL - <strong>Maternity</strong> Support Leave<br />

NHS - National Health Service<br />

NQT - Newly Qualified Teacher<br />

OML - Ordinary <strong>Maternity</strong> Leave<br />

OMP - Occupational <strong>Maternity</strong> Pay<br />

SMP - Statutory <strong>Maternity</strong> Pay<br />

SPP - Statutory Paternity Pay<br />

SSP - Statutory Sick Pay<br />

Page 58 of 78


Terms uses<br />

Terms used in this guide<br />

Child<br />

Childbirth<br />

Contract of employment<br />

Earnings related rate<br />

Employee<br />

Employer<br />

Expected week of childbirth<br />

Job<br />

MAT B1<br />

Normal weekly earnings<br />

Definitions<br />

A person under the age of eighteen.<br />

The birth of a living child or the birth of a<br />

child whether living or dead after 24 weeks<br />

of pregnancy.<br />

A contract of service or apprenticeship,<br />

whether express or implied, and (if it is<br />

express) whether oral or in writing.<br />

A weekly rate equivalent to 90 per cent of a<br />

woman’s normal weekly earnings for the<br />

period of 8 weeks immediately preceding<br />

the 14 th week before the expected week of<br />

childbirth.<br />

An individual who has entered into or works<br />

under (or, where the employment has<br />

ceased, worked under) a contract of<br />

employment. (see above for definition of<br />

contract of employment).<br />

The person by whom an employee is (or,<br />

where the employment has ceased, was)<br />

employed e.g. <strong>Hampshire</strong> <strong>County</strong> <strong>Council</strong>.<br />

The week beginning with midnight between<br />

Saturday and Sunday, in which it is expected<br />

that childbirth will occur.<br />

In relation to an employee returning after<br />

maternity leave or parental leave, means the<br />

nature of the work which she is employed<br />

to do in accordance with her contract of<br />

employment and the capacity and place in<br />

which she is so employed.<br />

A maternity certificate which shows a<br />

pregnant woman’s expected week and date<br />

of childbirth. It is normally issued by their<br />

doctor or midwife after week 20 of<br />

pregnancy.<br />

Calculated using the period of 8 weeks<br />

immediately preceding the 14 th week before<br />

the expected week of childbirth.<br />

Page 59 of 78


Appendix 3 – useful websites<br />

For employees who have access to the internet, the<br />

following websites are useful sources of additional<br />

information.<br />

Please note that, although these sources of information<br />

may be useful tools, the fact that they are external<br />

websites may mean that the content is subject to change.<br />

The information contained within these websites do not<br />

relate to <strong>Hampshire</strong> <strong>County</strong> <strong>Council</strong>’s Occupational<br />

<strong>Maternity</strong> Schemes for Support Staff and Staff on<br />

Teachers’ Pay and Conditions.<br />

• Department of Health - www.doh.gov.uk<br />

• Department for Business, Enterprise And<br />

Regulatory Reform www.berr.gov.uk<br />

• Department for Work and Pensions<br />

www.dwp.gov.uk<br />

• Job Centre Plus<br />

www.jobcentreplus.gov.uk/cms.asp<br />

• The government’s interactive website<br />

www.direct.gov.uk<br />

• HM Revenue and Customers www.hmrc.gov.uk<br />

• The National Childbirth Trust<br />

www.nctms.co.uk and<br />

www.nctpregnancyandbabycare.com<br />

Page 60 of 78


Appendix 4 – Other family friendly schemes<br />

<strong>Maternity</strong> support leave and pay for your support partner<br />

EHCC07 Staff<br />

Your primary provider of support may be entitled to<br />

<strong>Maternity</strong> Support Leave (MSL). This is time off granted to<br />

an employee who may be your husband, partner, child’s<br />

father, your parent or other nominated carer. MSL is<br />

therefore for the express purpose of supporting you at or<br />

around the time of childbirth.<br />

If your primary provider of support is an employee of<br />

HCC, but does not have the qualifying service of 26<br />

weeks’ continuous local government service to be eligible<br />

for paternity leave, they can apply for MSL. They will be<br />

required to provide a copy of your MAT B1 certificate and<br />

should consult with their line manager at the earliest<br />

opportunity about proposed leave arrangements.<br />

A blank MSL application form is available in Appendix 4<br />

of this guide. This should be submitted to the line<br />

manager who will update the employee’s SAP pay and<br />

personnel record.<br />

An employee who is granted MSL may take up to 5 days<br />

paid time off at or around the time of childbirth, as<br />

agreed with their line manager. Payment will be made in<br />

the same way as the employee’s normal salary. MSL may<br />

be taken as a block or as individual days and is only<br />

granted per pregnancy and not per child. Therefore, the<br />

employee will only receive one maternity support leave<br />

payment.<br />

Attendance at ante natal appointments with the mother<br />

should be covered with annual leave or flexi leave or<br />

some other arrangement which is subject to agreement<br />

with the line manager.<br />

Teaching Staff<br />

Staff on teachers’ terms and conditions of<br />

employment are not entitled to <strong>Maternity</strong> Support<br />

Leave.<br />

Parental leave<br />

Parental leave is for the purpose of caring for a child you<br />

have parental responsibility for.<br />

For children born or adopted on, or after, 15 December<br />

1999, you are entitled to unpaid parental leave if:<br />

Page 61 of 78


Page 62 of 78<br />

• you have one year’s continuous service with HCC<br />

and<br />

• you are the parent nominated on the birth<br />

certificate of a child born after 15 December 1999,<br />

who is under five years old, or<br />

• you have adopted, on or after 15 December 1999,<br />

a child under the age of eighteen, or<br />

• you have acquired formal parental responsibility<br />

for a child born after 15 December 1999, who is<br />

under five years old.<br />

The entitlement is up to 13 weeks’ unpaid parental leave<br />

for each child or up to 18 weeks for each child entitled to<br />

a disability living allowance. The amount of leave is<br />

proportional for part-time employees. If both parents are<br />

employed by HCC and meet the qualifying criteria, both<br />

are entitled to parental leave individually.<br />

Parental leave must be taken in blocks or multiples of<br />

one week. Single days can only be taken where the leave<br />

is for a child who is entitled to receive disability living<br />

allowance. You may not take more than four week’s<br />

parental leave in a particular year, except in the cases of<br />

a child who is entitled to disability living allowance<br />

(subject to the overall maximum of 13 or 18 weeks as<br />

detailed above).<br />

You can request parental leave at any time up until the<br />

child’s 5 th birthday or up to the child’s 18 th birthday in<br />

the case of a child for whom disability living allowance<br />

has been awarded.<br />

Should you request parental leave you must provide your<br />

line manager with at least 21 days written notice of your<br />

request for leave. A blank application Form PL1 is<br />

available in appendix 4 of this guide.<br />

Proof of parental responsibility may be requested by the<br />

line manager, e.g. evidence of the date of the child’s birth,<br />

evidence of the date on which the adoption placement<br />

began, evidence of disability living allowance.<br />

If you are due to commence maternity leave you may also<br />

elect to take this right to parental leave immediately<br />

following the end of your maternity leave.<br />

Unpaid leave will not count towards pension benefits. For<br />

advice on pension implications, please contact their<br />

pension provider (see appendix 1).<br />

Local management of parental leave for school staff<br />

Headteachers have the discretion to grant parental leave<br />

in excess of four weeks per year or in blocks of either half


a term or a whole term, subject to the overall maximum<br />

and the operational requirements of the school.<br />

If you wish to request more than four weeks’ leave you<br />

must give at least one week’s notice for each week of<br />

leave requested, subject to a maximum of eight weeks’<br />

notice overall. Longer notice periods, where possible, will<br />

be helpful to your school and will minimise the risk of a<br />

decision to postpone the leave for operational reasons.<br />

Your notice should specify the exact day on which<br />

parental leave will start and end, with the exception of:<br />

• fathers who want to take leave from the date on<br />

which the baby is born, or<br />

• prospective adoptive parents who want to take<br />

leave from the date a child is placed with them.<br />

In these circumstances your notice must specify the<br />

duration of the period of leave; either the expected week<br />

of childbirth or the week in which the placement is<br />

expected to occur, and be given at least 21 days before<br />

the expected week of childbirth or placement.<br />

In the case of placement for adoption, if it is not<br />

reasonably practicable for you to give the 21 days notice,<br />

notice should be given as soon as possible. Additionally<br />

in these circumstances, if you have given notice of<br />

parental leave, your leave cannot be postponed under the<br />

arrangements prescribed below.<br />

Headteachers can postpone parental leave for up to six<br />

months where the operation of the school would be<br />

particularly disrupted if the leave were taken at the time<br />

requested. Your Headteacher must notify you in writing<br />

of the postponement, the reasons for it and the<br />

alternative beginning and end dates on which the period<br />

of leave will be permitted. Notice of postponement must<br />

be issued not more than seven days after your notice was<br />

given to your Headteacher (fourteen days if you request a<br />

period of parental leave in excess of four weeks). The<br />

period of leave requested must be re-arranged in<br />

consultation with you. If agreement cannot be reached<br />

your Headteacher must ensure that leave can be taken at<br />

a time which best fits the needs of the school and you.<br />

You still have the right to take it. Parental leave cannot<br />

be postponed beyond the date of the child’s eighteenth<br />

birthday. It can not be postponed when you give notice to<br />

take it immediately after the time of childbirth.<br />

Further advice regarding parental leave may be obtained<br />

from your HR caseworker or EPS.<br />

Page 63 of 78


Page 64 of 78<br />

Paternity leave and pay<br />

Your partner may be entitled to paternity leave. This will<br />

be the biological father of the child or your husband, or<br />

your partner and will be expected to have responsibility<br />

for the upbringing of the child.<br />

If your partner is a HCC employee, they may be entitled<br />

to paternity leave if they have:<br />

• At least 26 weeks continuous local government<br />

service by the end of the 15 th week before the<br />

expected week of childbirth<br />

• Is nominated by you as your partner.<br />

Paternity leave is therefore for the express purpose of<br />

supporting you at, or around, the time of childbirth.<br />

Employees entitled to paternity leave may take either a<br />

period of one week’s leave or two consecutive weeks’<br />

paternity leave. They are not able to take two separate<br />

weeks’ leave. The leave will only be granted in one-week<br />

blocks and not as single days. It must be taken within 56<br />

days (8 weeks) of the date of childbirth and as agreed<br />

with their line manager.<br />

An employee must notify their line manager and HR<br />

(PCSS) of their intention to take paternity leave and claim<br />

paternity pay, in or before the 15 th week before the EWC,<br />

unless this is not reasonably practicable, or as soon as<br />

possible. Notification must be provided at least 28 days<br />

before paternity leave and pay is to start, form PAT1 can<br />

be used for this purpose.<br />

An employee taking paternity leave must notify their line<br />

manager and PCSS:<br />

• of the expected week of childbirth.<br />

• whether they wish to take one week or two<br />

consecutive weeks’ leave.<br />

• when they want their leave and paternity pay to<br />

start.<br />

An employee can change their mind about when they<br />

wish to start their paternity leave providing that they give<br />

their line manager at least 28 days’ notice, if possible.<br />

An employee will be expected to supply evidence of their<br />

entitlement to take paternity leave and claim paternity<br />

pay by producing a copy of your MAT B1 certificate. They<br />

must also complete an HMRC Statutory Paternity Self-<br />

Certification form identifying their intention to take up<br />

of their paternity leave entitlement. Blank application<br />

forms are available in Appendix 4 of this guide.


An employee must also provide their line manager with<br />

further written notice of the date of childbirth. This<br />

notification must be given in writing and provided as<br />

soon as possible after the child’s birth.<br />

An employee entitled to paternity leave and pay will be<br />

entitled to receive Statutory Paternity Pay (SPP), which<br />

will be paid through HCC’s normal payroll.<br />

The first week of paternity leave will be paid at either the<br />

rate of <strong>Maternity</strong> Support Leave i.e. up to 5 days<br />

contractual pay, or SPP or 90% of average weekly<br />

earnings, whichever is the greater.<br />

If your partner opts to take a second consecutive week of<br />

paternity leave, this will be paid at the rate of SPP or 90%<br />

of average weekly earnings, whichever is the lower.<br />

If your partner’s average weekly earnings are below the<br />

lower earnings limit for national insurance purposes they<br />

will not qualify for SPP but may instead take <strong>Maternity</strong><br />

Support Leave (MSL).<br />

SPP payments are treated as income. Therefore, income<br />

tax and national insurance contributions will continue to<br />

apply and will be deducted accordingly.<br />

Your partner’s personal record will be updated by PCSS.<br />

Attendance at hospital appointments or ante natal<br />

classes with you should be covered with annual leave,<br />

flexi leave or some other arrangement which is subject to<br />

agreement with your partner’s line manager.<br />

Additionally, any entitlement to paternity leave is per<br />

pregnancy and not per child. Therefore, where a mother<br />

has a multiple-birth, only one paternity leave and pay<br />

entitlement will apply.<br />

If your partner has more than one contract of<br />

employment with HCC, the way that paternity pay and<br />

national insurance contributions are calculated may<br />

differ. If your partner is making sufficient national<br />

insurance contributions under each contract of<br />

employment, they may be entitled to separate payments<br />

of SPP. Further advice will be available from PCSS.<br />

Your partner will be entitled to return to the same job<br />

following a period of paternity leave.<br />

Any entitlement to paternity leave and pay is separate to<br />

any right to parental leave as detailed above.<br />

Additional paternity leave and pay<br />

If your baby is due on or after 3 April 2011, you may be<br />

able to transfer your maternity leave and pay to your<br />

partner. The father (including partner or civil partner)<br />

Page 65 of 78


must have been eligible for Statutory Paternity Leave (i.e.<br />

have been continuously employed by the same employer<br />

for at least 26 weeks by the 15 th week before the baby is<br />

due) and still be in employment until the week before<br />

they start Additional Paternity leave. To qualify for<br />

Additional Paternity Leave your partner must have<br />

responsibility for the upbringing of the child. You must<br />

have been eligible for maternity leave, statutory maternity<br />

pay (SMP) or maternity allowance (MA). You must also<br />

have signed a declaration and have returned to your work<br />

before your partner can start their Additional Paternity<br />

Leave.<br />

The earliest that Additional Paternity Leave may<br />

commence is 20 weeks after the date on which the child<br />

is born (i.e. you must take the first 20 weeks of maternity<br />

leave) and it must end no later than 12 months after the<br />

date of birth. The minimum period for Additional<br />

Paternity Leave is two consecutive weeks and the<br />

maximum period is 26 weeks. You must therefore have<br />

at least two weeks of your maternity leave that remains<br />

unexpired. The leave may only be taken in multiples of<br />

complete weeks. This is on top of your entitlement to<br />

two weeks' Ordinary Paternity Leave.<br />

Your partner will be able to work for up to 10 days during<br />

the paternity leave period, without losing the right to<br />

paternity pay for the weeks in which they worked (known<br />

as “Keeping In Touch” (KIT) days). The total number of<br />

KIT days you and your partner will be able to take<br />

throughout the maternity leave and additional paternity<br />

period must not exceed twenty.<br />

Evidential requirements for Additional Paternity Leave<br />

Your partner must provide their employer with the<br />

following pieces of additional evidence not less than 8<br />

weeks before the date chosen for Additional Paternity<br />

Leave to begin:<br />

• details of the expected week of your child’s birth,<br />

the actual date of your child’s birth and the dates<br />

your partner has chosen for the leave to commence<br />

and end<br />

• confirmation that your partner has responsibility<br />

for the upbringing of your child, is the father or<br />

married to you, or is your partner or civil partner<br />

and that they will be taking Additional Paternity<br />

Leave for the purpose of caring for your child<br />

• a declaration from you confirming your name and<br />

address, the date you intend to return to work and<br />

your National Insurance number. You must also<br />

confirm that your partner is the only person taking<br />

Page 66 of 78


paternity leave and that the information can be<br />

processed by your partner’s employer.<br />

Your partner’s employer may also request that your<br />

partner supply them with a copy of your child’s birth<br />

certificate and the name and address of your employer,<br />

which must be provided within 28 days of it being<br />

requested.<br />

Additional Statutory Paternity Pay<br />

If your partner is entitled to Additional Paternity Leave,<br />

they may be entitled to Additional Statutory Paternity Pay<br />

(ASPP). This would apply if:<br />

• you are entitled to Statutory <strong>Maternity</strong> Pay (SMP) or<br />

<strong>Maternity</strong> Allowance (MA) and;<br />

• you have returned to work and no longer in receipt of<br />

maternity pay<br />

• your partner’s normal weekly earnings are above the<br />

Lower Earnings Limit for National Insurance purposes<br />

for the 8 weeks before the relevant week (i.e. 15 th week<br />

before the baby is due).<br />

Your partner would then be eligible to receive Additional<br />

Statutory Paternity Pay (ASPP) only during your<br />

maternity pay period i.e. the 39 weeks following the date<br />

you commenced your Statutory <strong>Maternity</strong> Pay.<br />

Evidential requirements for Additional Statutory Paternity<br />

Pay<br />

Your partner must provide the following pieces of<br />

evidence to their employer not less than 8 weeks before<br />

the date when ASPP is to commence:<br />

• details of the expected week of your child’s birth, the<br />

actual date of the child’s birth, the date it is expected<br />

that ASPP will begin and the date it is expected to end<br />

• confirmation that your partner has responsibility for<br />

the upbringing of your child and will be taking leave<br />

for the purpose of caring for your child<br />

a declaration signed by you confirming your name and<br />

address and NI number, the date your maternity pay<br />

period or maternity allowance period started, that you<br />

intend to return to work and you have given notice to<br />

your line manager that you are returning to work. You<br />

must also confirm that your partner is the only person<br />

applying for ASPP and that your partner’s employer can<br />

process the information.<br />

Page 67 of 78


Appendix 5 – Forms to notify us of maternity<br />

There are a number of forms that you can use to notify<br />

us of your intentions. This will ensure that your pay is<br />

correct.<br />

Paper forms are in the following pages but there are also<br />

electronic notifications on the links below:<br />

Form M1 - Notification of maternity leave and pay details<br />

Form M1A - Notification of change of maternity leave and pay start date<br />

KIT Notification – Notification of Keeping In Touch day attendances and payments<br />

(for line manager use only).<br />

Form M4E – Notification of early return from maternity leave (ie before end of<br />

Additional <strong>Maternity</strong> Leave)<br />

Form M4F – Notification of non-return from maternity leave<br />

Form M4G – Notification of change of hours on return from maternity leave (if<br />

returning at end of Additional <strong>Maternity</strong> Leave)<br />

Form PAT1 - Application for paternity leave and pay<br />

Form PAT1BV – Notification of variation to paternity leave and pay request<br />

Page 68 of 78


Form M1 - Notification of maternity leave and pay details<br />

Full name<br />

Home Address<br />

Job title Newly qualified teacher? Yes / No<br />

Place of work<br />

Personnel number(s)<br />

Date you started work with HCC<br />

Date of continuous local government service<br />

Contract type<br />

End date (if applicable)<br />

Date on which your baby is due<br />

Permanent / Temporary / Fixed Term<br />

Do you wish to: Take maternity leave Date<br />

Resign from post Date<br />

Please indicate your intentions regarding Occupational <strong>Maternity</strong> Pay (OMP). You may either:<br />

1. Receive your full entitlement to OMP on commencement of your maternity leave. Please note that<br />

this payment will be recovered from you in the event that you do not return to work for a period of 3<br />

months (for support staff) or 13 weeks or full time equivalent (for teaching staff).<br />

2. Suspend payment of the 12 weeks OMP until you return to work. Please note that the payment will<br />

be made to you upon your return to work, but will be recovered from you in the event that you do not<br />

return to work for a period of 3 months (for support staff) or 13 weeks, or full time equivalent (for<br />

teaching staff).<br />

Photocopy of my MAT B1 Certificate is attached will follow<br />

I confirm that I am pregnant and the above information is correct. I consent to <strong>Hampshire</strong> <strong>County</strong> <strong>Council</strong> processing<br />

this information and any relevant personal data for administrative purposes in relation to my pregnancy and my request<br />

for maternity leave and pay. I undertake that, as detailed in the <strong>Council</strong>’s <strong>Maternity</strong> <strong>Benefits</strong> Scheme, an element of<br />

Occupational <strong>Maternity</strong> Pay will be repayable to the <strong>County</strong> if I give notice to terminate my employment before<br />

returning from maternity leave or otherwise fail to complete the necessary period of work following maternity leave. If<br />

I am retired on health grounds or made redundant there will be no recovery of the financial assistance given to me. In<br />

other exceptional circumstances, I understand that consideration may be given to waiving in part or in total the<br />

requirement to repay the relevant element of OMP. I acknowledge the right of <strong>Hampshire</strong> <strong>County</strong> <strong>Council</strong> to recover<br />

the sums due from any monies owed to me, eg final salary payment. If any further repayment of any sum is required,<br />

my line manager will discuss repayment arrangements with me.<br />

Signed employee:<br />

Signed manager:<br />

Manager print name<br />

Date:<br />

Date:<br />

Please return to PCSS as soon as possible (by the end of the 15 th week before the EWC and no later than 28 days<br />

before the date on which you intend maternity leave and pay to commence) with a copy to your manager for<br />

information.


Form M1A - Notification of change of maternity leave and pay start date<br />

Please note, if you have notified your employer of the date you wish to start Ordinary <strong>Maternity</strong> Leave to<br />

commence you can subsequently vary the date, providing you notify us at least 28 days before the date varied, or<br />

28 days before the new date, whichever is the earlier, or it that is not reasonably practicable, as soon as possible.<br />

Full name<br />

Home Address<br />

Job title<br />

Are you a newly qualified teacher?<br />

Personnel number(s)<br />

Place of employment<br />

Original date of your maternity leave<br />

Yes / No<br />

New date on which my maternity leave will start<br />

Please indicate your intentions regarding Occupational <strong>Maternity</strong> Pay (OMP). You may either:<br />

1. Receive your full entitlement to OMP on commencement of your maternity leave. Please note that<br />

this payment will be recovered from you in the event that you do not return to work for a period of 3<br />

months (for support staff) or 13 weeks or full time equivalent (for teaching staff).<br />

2. Suspend payment of the 12 weeks OMP until you return to work. Please note that the payment will<br />

be made to you upon your return to work, but will be recovered from you in the event that you do not<br />

return to work for a period of 3 months (for support staff) or 13 weeks, or full time equivalent (for<br />

teaching staff).<br />

I confirm that I wish to vary my OML start date and hereby provide the required notice of its variation. I confirm that I<br />

am pregnant and the above information is correct. I consent to <strong>Hampshire</strong> <strong>County</strong> <strong>Council</strong> processing this information<br />

and any relevant personal data for administrative purposes in relation to my pregnancy and my request for maternity<br />

leave and pay.<br />

I undertake that, as detailed in the <strong>Council</strong>’s <strong>Maternity</strong> <strong>Benefits</strong> Scheme, an element of Occupational <strong>Maternity</strong> Pay will<br />

be repayable to the <strong>Council</strong> if I give notice to terminate my employment before returning from maternity leave or<br />

otherwise fail to complete the necessary period of work following maternity leave. If I am retired on health grounds or<br />

made redundant there will be no recovery of the financial assistance given to me. In other exceptional circumstances, I<br />

understand that consideration may be given to waiving in part or in total the requirement to repay the relevant element<br />

of OMP. I acknowledge the right of <strong>Hampshire</strong> <strong>County</strong> <strong>Council</strong> to recover the sums due from any monies owed to me,<br />

eg final salary payment. If any further repayment of any sum is required, my line manager will discuss repayment<br />

arrangements with me.<br />

Signed employee:<br />

Date:<br />

<br />

<br />

Signed manager:<br />

Manager print name<br />

Date:<br />

Please return to PCSS as soon as possible (no later than 28 days before the date on which you intend maternity leave<br />

and pay to commence) with a copy to your manager for information.


Form M4E – Early return from maternity (support staff only)<br />

Full name<br />

Home Address<br />

Job title<br />

Personnel number(s)<br />

Place of employment<br />

Date of return if earlier than AML end date<br />

(please refer to part 1 of letter M4 for confirmation of your AML end date)<br />

Please indicate your intentions regarding working hours:<br />

1. I will be returning on my original working hours <br />

2. I will be returning to work on different hours please complete section 3<br />

3. Working hours<br />

Old weekly working hours<br />

New weekly working hours<br />

Signed employee:<br />

Date:<br />

Signed manager:<br />

Manager print name<br />

Date:<br />

Please return to PCSS as soon as possible but no later than the 5 th day of the month in which you wish to<br />

return.


Form M4E – Early return from maternity (teaching staff only)<br />

Full name<br />

Home Address<br />

Job title<br />

Personnel number(s)<br />

Place of employment<br />

Are you a newly qualified teacher? Yes / No<br />

Date of return if earlier than AML end date<br />

(please refer to part 1 of letter M4 for confirmation of your AML end date)<br />

Please indicate your intentions regarding working hours:<br />

1. I will be returning on my original working hours <br />

2. I will be returning to work on different hours please complete section 3<br />

3. Working hours<br />

Old fraction<br />

New fraction<br />

Signed employee:<br />

Date:<br />

Signed manager:<br />

Manager print name<br />

Date:<br />

Please return to PCSS as soon as possible but no later than the 5 th day of the month in which you wish to<br />

return.


Form M4F – Notification of non-return from maternity leave<br />

Full name<br />

Home Address<br />

Job title<br />

Personnel number(s)<br />

Place of employment<br />

Date of resignation<br />

If you are moving away please provide a forwarding address:<br />

New Address<br />

I understand that, under the terms of the Occupational <strong>Maternity</strong> Pay scheme if I have received 12 weeks<br />

OMP, this will be treated as an overpayment that must be repaid in full.<br />

Signed employee:<br />

Date:<br />

Signed manager:<br />

Date:<br />

Manager print name<br />

Please return to PCSS as soon as possible but no later than the 5 th day of the month in which you wish to<br />

resign.


Form M4G – Change of hours on return from Additional <strong>Maternity</strong> Leave (support staff)<br />

Full name<br />

Home Address<br />

Job title<br />

Place of work<br />

Personnel number(s)<br />

Place of employment<br />

Please indicate you intentions regarding working hours:<br />

I will be returning to work on different hours Please complete working hours sections<br />

Working hours<br />

Old working hours<br />

New working hours<br />

Signed employee:<br />

Signed manager:<br />

Date:<br />

Date:<br />

Manager print name<br />

Please return to PCSS as soon as possible but no later than the 5 th day of the month in which you wish to return


Form M4G – Change of hours on return from Additional <strong>Maternity</strong> Leave (teaching staff)<br />

Full name<br />

Home Address<br />

Job title Newly qualified teacher? Yes / No<br />

Place of work<br />

Personnel number(s)<br />

Place of employment<br />

Please indicate you intentions regarding working hours:<br />

I will be returning to work on different hours Please complete working hours sections<br />

Working hours<br />

Old fraction<br />

New fraction<br />

Signed employee:<br />

Signed manager:<br />

Date:<br />

Date:<br />

Manager print name<br />

Please return to PCSS as soon as possible but no later than the 5 th day of the month in which you wish to return


Form MSL1- Application for maternity support leave and pay<br />

Full name<br />

Home Address<br />

Job title<br />

Personnel number(s)<br />

Place of employment<br />

Date you started work with HCC<br />

Date of continuous local government service<br />

Date on which baby is due<br />

Photocopy of MAT B1 Certificate is attached<br />

<br />

will follow<br />

<br />

I confirm that I wish to take MSL leave starting on<br />

For a total of<br />

Days<br />

I confirm that the above information is correct and that I understand and accept the conditions of the<br />

<strong>Maternity</strong> Support Leave Scheme. I also consent to <strong>Hampshire</strong> <strong>County</strong> <strong>Council</strong> processing this information<br />

and any relevant personal data for administrative purposes in relation to my request for <strong>Maternity</strong> Support<br />

Leave and Pay.<br />

Signed employee:<br />

Date:<br />

Signed manager:<br />

Manager print name<br />

Date:<br />

Please return to your line manager as soon as possible for retention on your personnel file.


Form PL1- Application for parental leave<br />

Full name<br />

Home Address<br />

Job title<br />

Personnel number(s)<br />

Place of employment<br />

Date you started work with HCC<br />

Date of continuous local government service<br />

Date on which your baby is due<br />

Date the baby arrived (if already born)<br />

Photocopy of MAT B1 Certificate is attached<br />

<br />

will follow<br />

<br />

I confirm that I wish to take parental leave starting on<br />

For a total of<br />

Weeks<br />

I confirm that the above information is correct and that I understand and accept the conditions of the<br />

Parental Leave Scheme. I also consent to <strong>Hampshire</strong> <strong>County</strong> <strong>Council</strong> processing this information and<br />

any relevant personal data for administrative purposes in relation to my request for Parental Leave<br />

and pay.<br />

Signed:<br />

Date:<br />

Please return to your line manager as soon as possible for retention on my personnel file.


Form PAT1 – Application for paternity leave and pay<br />

Full name<br />

Home Address<br />

Job title<br />

Personnel number(s)<br />

Place of employment<br />

Date you started work with HCC<br />

Date of continuous local government service<br />

Date on which your baby is due<br />

The HMRC statutory paternity pay/form is: attached will follow <br />

I confirm that I wish to take paternity leave commencing on<br />

For a total of<br />

Week(s)<br />

I note that I have a right to change my paternity leave and pay start date provided that I give at least 28 days notice<br />

of the change.<br />

I confirm that the above information is correct and that I understand and accept the conditions of the Paternity<br />

Leave and Pay Scheme. I also consent to <strong>Hampshire</strong> <strong>County</strong> <strong>Council</strong> processing this information and any relevant<br />

personal data for administrative purposes in relation to my request for Paternity Leave and Pay.<br />

I confirm I have discussed my request with for paternity leave with my manager.<br />

Signed employee::<br />

Date:<br />

Signed manager:<br />

Manager print name<br />

Please return to PCSS as soon as possible (by the end of the 15 th week before the EWC and no later than 28 days<br />

before the date on which you intend maternity leave and pay to commence) with a copy to your manager for<br />

information.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!