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Pregnancy, Maternity Leave and Pay

The Family Leave Policies encompasses a wide range of policies, including the employee benefits, obligations and arrangements for Pregnancy, Maternity Leave and Pay.  This page details the time off and pay entitlements an employee has on and around the time of giving birth to a child.  

 

Summary Maternity Leave and Pay Process Flowchart

 

Maternity process simplified and shown as a flowchart. All details outlined in the text.

 

Benefits and Obligations

There are certain employee benefits and employer and employee obligations which apply across all Family Leave Policies. 

Please see the Family Leave Policies - Benefits and Obligations page for more information. 


Definitions

Please see the Family Leave Policies - Definitions page for a full list of definitions applicable to all included policies.


Contents

An employee can choose to take Maternity leave and pay as outlined in this section, or, if they and their partner are eligible, may choose to reduce the Maternity Leave (and Pay) and take Shared Parental Leave (SPL) instead.  Please refer to the Shared Parental Leave page for more information.

Pregnant employees are entitled to:

  • paid time off at their normal rate of pay to receive antenatal care provided that the appointments are made on the advice of a registered medical practitioner, registered midwife or registered health visitor.
  • request a risk assessment during pregnancy
  • request alternative work where any risks to the health and wellbeing of the expectant employee and their baby and / or employees who have recently given birth and / or who are breastfeeding have been identified and require to be avoided. Following investigation resulting in an identification of a risk and where ESC cannot meet such a request, employees will be suspended on full pay on medical grounds
  • not be subjected to a detriment, disadvantage, unfair treatment or dismissal because of the pregnancy.     

Employees who are the partner of a pregnant person or who are the future parents of a child by surrogacy are entitled to:

  • unpaid time off to attend up to two antenatal care appointments. 

Qualifying for Maternity Leave

All pregnant employees regardless of their hours or length of service are entitled to a period of up to 52 weeks Maternity Leave.  This 52 week period of Maternity Leave comprises three parts, namely Compulsory Leave, Ordinary Maternity Leave and Additional Maternity Leave.

Different types of Maternity Leave

Compulsory Leave

Compulsory Leave describes the period of two weeks leave immediately following giving birth and during which the employee who has given birth is not able to work. Employees should note that this Compulsory Leave is a part of Ordinary Maternity Leave (OML), runs concurrently with OML and is not additional to it.


Ordinary Maternity Leave (OML)

Ordinary Maternity Leave describes the first period of leave from or prior to birth. It lasts for 26 weeks. Any employee who chooses to return to work within the period of Ordinary Maternity Leave will return to the same job with the same, or no less favourable, terms of service. 


Additional Maternity Leave (AML)

Additional Maternity Leave describes the period of 26 weeks immediately following the end of Ordinary Maternity Leave.  Employees returning to work following any Additional Maternity Leave will return to the same job, or a similar job, which carries the same, or no less favourable, terms of service.

Subject to certain qualifying conditions, ESC employees may be eligible for Contractual Maternity Pay (CMP), Statutory Maternity Pay (SMP) or Maternity Allowance (MA).


Contractual Maternity Pay (CMP)

Contractual Maternity Pay is payable for a total of 26 weeks in the normal payment cycle. CMP is paid at 100% of the employee’s average weekly earnings comprising Statutory Maternity Pay topped up with Contractual Maternity Pay. A further 13 weeks is paid at the lower of the statutory level or 90% of the employee’s average weekly earnings. 


Qualifying for Contractual Maternity Pay

To qualify for Contractual Maternity Pay employees must meet the following qualifying criteria:

  • be pregnant in the 11th week before the Expected Week of Confinement (EWC) or have had the baby prematurely or have had a still birth in or after the 25th week of pregnancy
  • have 52 weeks’ continuous service with ESC as at the EWC 
  • have complied with the correct notification procedure including providing medical evidence of the pregnancy from the GP at least 28 days before the start of the Maternity Pay Period. Please refer to the section entitled Process 

Employees who do not meet all of the above criteria may not be eligible to receive CMP.  In this case they may qualify for Statutory Maternity Pay or Maternity Allowance.

 

Statutory Maternity Pay (SMP)

Statutory Maternity Pay is payable for a total of 39 weeks in the normal payment cycle. The first 6 weeks of SMP is paid at 90% of the employee’s average weekly earnings and the remaining 33 weeks paid at the lower of the statutory level or 90% of the employee’s average weekly earnings. Statutory Maternity Pay is payable regardless of whether or not the employee intends to return to work     


Qualifying for Statutory Maternity Pay

To qualify for Statutory Maternity Pay employees must meet the following qualifying criteria:

  • be pregnant in the 11th week before the Expected Week of Confinement (EWC) or have had the baby prematurely or have had a still birth in or after the 25th week of pregnancy
  • have 26 weeks’ continuous service with ESC as at 15th week before the EWC regardless of the status of their contract
  • have average weekly earnings in the 8 weeks prior to the 15th week before the EWC of at least the lower earnings limit for Class One National Insurance Contributions. Employees should refer to the Corporate Services Team for more information.
  • have complied with the correct notification procedure including providing medical evidence of the pregnancy from the GP at least 28 days before the start of the Maternity Pay Period. Please refer to the section entitled Notifying ESC in Section 5. Process

Employees who do not meet all of the above criteria may not be eligible to receive SMP. In this case they may qualify for Maternity Allowance.

 

Maternity Allowance

Where the employee does not qualify for CMP or SMP, ESC will provide the employee with the Form SMP 1, along with an explanation of the reasons why CMP or SMP cannot be paid.  The employee may then be eligible to claim a Maternity Allowance which would also be payable for a total of 39 weeks and paid directly from their Benefits Office. Employees should refer to the Corporate Services Team for more information.

Notifying ESC

Employees are expected to notify ESC in writing, no later than the end of the 15th week before the Expected Week of Confinement (EWC), unless this is not reasonably practical, that they are pregnant and the date on which they wish to start Maternity Leave. Details of this notification should include:

  • confirmation of pregnancy
  • provision of the MAT B1 form from the GP or Midwife providing confirmation of the Expected Week of Confinement (EWC)
  • the date the employee wishes leave to start.  Employees should note that this start date cannot be before the 11th week before the EWC, unless the birth is premature or the employee is absent from work with a pregnancy related illness

ESC will respond to the employee in writing within 28 days setting out:

  • the employee’s rights in relation to Maternity Leave, Shared Parental leave and Pay
  • the employee’s expected return to work date which will be calculated as 52 weeks from the start date of the leave
  • the employee’s duty to notify ESC of any changes to their plans.


Notifying ESC of Ante Natal Appointments

Employees are requested to provide reasonable notice of ante natal appointments to their line manager prior to taking the time off. ESC reserves the right to request evidence that the appointment has been made on the advice of a registered medical practitioner, registered midwife or registered health visitor.


Shared Parental Leave

If the employee is aware that they want to reduce their entitlement to Maternity Leave (and Pay) in order to take Shared Parental Leave, then they may wish to discuss this at the same time as notification of the pregnancy.  However, they are also free to do this later during their Maternity Leave.  See the Shared Parental Leave Page for more information.


Starting Maternity Leave 

  1. Once the correct process has been employed to notify ESC, an employee’s Maternity Leave will normally commence in one of three ways. 
  2. At the agreed time after the 11th week before EWC, having given at least 28 days’ notice
  3. If childbirth occurs before the date agreed in respect of the commencement of Maternity Leave, then Maternity Leave will start on the actual date of the birth. Employees should notify their line manager and provide evidence of the birth as soon as reasonably practical.
  4. If the employee is absent from work, either wholly or partly because of her pregnancy, after the beginning of the 4th week before EWC, Maternity Leave will start automatically. 

If the employee subsequently changes plans, ESC is entitled to a minimum of 28 days’ notice of the new dates or before the old date, whichever is the earlier, or if not reasonably practicable, as soon as it is reasonably practicable to do so. Employees should note that as long as an employee is healthily pregnant, they may remain at work until the day before the day on which the baby is due and remain entitled to their full period of leave from that date.  Employees should also note that they cannot commence Maternity Leave prior to the 11th week prior to the EWC (other than in cases of premature birth or still birth).

 

Employer / employee contact during Maternity Leave

When the employee is on maternity leave, ESC may make reasonable contact with them. The frequency and nature of the contact will depend on a number of factors, such as the nature of the work, any agreement which may have been reached before maternity leave began as to contact and whether either party needs to communicate important information to the other.  At the very least, there will be an exchange of correspondence about how much accrued holiday entitlement the employee has, and how this will be taken around the time of return to work.

Some examples of other forms of reasonable contact:


Keeping in Touch days:

ESC will arrange where mutually agreed up to 20 'Keeping In Touch' (KIT) days during the period of leave.  During any actual working time as a result of the KIT days, the employee will be paid at their normal rate of pay.  This will then be offset against their CMP / SMP / MA entitlement for that week. Employees should note that full days or part days are calculated as a part of the 20 ‘keeping in touch’ days. 

 

An employee, with the agreement of ESC, may use KIT days to effect a gradual return to work by the employee towards the end of a long period of Maternity Leave or to trial a possible flexible working pattern.

 

Changes in the workplace:

ESC will keep the employee updated about any significant changes in the workplace while they are on Maternity Leave including any opportunities for promotion or job vacancies.  Where operational changes involve redundancies, ESC will ensure that, where the employee is affected, they are fully consulted.  Please refer to the Leaving Employment Policy

 

Returning to Work

Discussion may take place to ensure that plans are in place for the employee’s return to work in relation to:

  • Any request to amend working practices or to facilitate a phased return into the workplace
  • Introducing new colleagues
  • Introducing new working practices or policies
  • the availability of a workstation, computer etc
  • any refresher training required
  • communicating with any affected employees (including any temporary staff hired to cover the absence)

If an employee is sick during Maternity Leave they will not normally be entitled to receive sick pay. 

However, if an employee is sick during Additional Maternity Leave and wishes the normal sick absence rules to apply, and, where appropriate, receive sick pay, notification should be given to the line manager that they wish their Additional Maternity Leave period to cease.  In these circumstances the normal 28 day return-to-work notice period will be waived.  The employee should note that by opting to receive sick pay in these circumstances, their Additional Maternity Leave period will cease and when the period of sick absence has ended they must return to work. 

If an employee can’t return to work following their Maternity Leave due to illness, the normal Sick Absence rules will apply and they must notify their line manager in the normal way.

If an employee becomes pregnant or is matched for a child by adoption during Maternity Leave, they have the right to further Ordinary and Additional Maternity or Adoption Leave.  This can be reduced in order to take Shared Parental Leave, provided all the qualifying criteria are met, in the same way as any other period of Maternity / Adoption Leave.

As the annual performance review system is a supportive process in ESC and not used to mark or assess performance, any employee taking maternity leave (other than for a very short period of time – 3 months or so) will undertake an appraisal with their line manager shortly after returning from leave, in order to understand any changes in work priorities which have occurred during their time away from work and also to understand any support and / or training which may be needed to help settle back into the role.

If an employee decides not to return to work following Maternity Leave, they must give ESC notice of termination of employment in the normal way. 

ESC will set out the date of intended return to work in the letter of response to the employee following notification of the date at which they would like to start their Maternity Leave. There will be further communication with the employee toward the end of the Maternity Leave period to clarify how much holiday entitlement has accrued and how this can be taken around the time of their return. No other notification from the employee is normally required unless the employee wishes to return to work before the end of Additional Maternity Leave or apply to extend their leave via a request to take an additional period of leave (for example Parental Leave).   

Employees wishing to return to work before the end of their Additional Maternity Leave must provide ESC with eight weeks’ notice of the requested return date.  Failure of the employee to provide the notice could result in ESC postponing the leave return date to such a date as does reflect the full eight weeks’ notice.   

The job to which an employee returns following Maternity Leave can be influenced by whether they are returning from Ordinary Maternity Leave or Additional Maternity Leave as summarised below:   

  • after Ordinary Maternity Leave employee returns to same job as if they hadn’t been away
  • after Additional Maternity Leave employee returns to same job as if they hadn’t been away, unless this is not reasonably practicable.  If it is not reasonably practicable to return to the same job they will be offered a similar job on terms and conditions of service no less favourable than the original job

Employees may be able to take an additional period of leave (e.g. Parental Leave) immediately following their period of 
 

  • Ordinary Maternity Leave
  • Additional Maternity Leave

Please refer to the Parental Leave page for more information.

ESC will give careful consideration to any requests that the employee might make in respect of Flexible Working in line with business requirements.  Employees should refer to the Flexible Working Policy for more information.

The employee may also wish to consider making a request for a phased return to work, following Maternity Leave, by making use of accrued holiday entitlement.  Such requests will be given careful consideration.

The following table provides a brief summary of the benefits and qualifying criteria in relation to Maternity Leave and Maternity Pay available.  This is only intended as an overview and employees should refer to the information in each section of the policy to get the full details.

AreaBenefit SummaryQualifying Criteria
Antenatal Clinic Attendance

Paid Leave to attend 

  • antenatal care

 

 

All pregnant employees regardless of length of service or hours worked

 

Notification to ESC in advance providing proof of appointment

 

Ordinary Maternity Leave 

 

Up to 26 weeks’ leave.

 

Contract of Employment continues.

 

Holiday entitlement & holiday pay continue to accrue whilst absent.

 

No minimum length of service or hours.

 

Requirement to follow ESC notification procedure

Additional Maternity Leave

 

Up to 26 weeks’ leave.

 

Contract of Employment continues.

 

Holiday entitlement & holiday pay continue to accrue whilst absent.

 

No minimum length of service or hours.

 

Contractual Maternity Pay 

 

26 weeks on full pay

 

And SMP (see below)

 

 

 

52 weeks continuous service with ESC as at the due date specified on the Mat B1

 

Followed notification procedure

 

Still be pregnant at 11th week prior to EWC 

 

Statutory Maternity Pay 

1st 6 weeks at 90% of average earnings

 

33 weeks at the lower of 90% of average weekly earnings or Statutory Maternity Pay

 

Up to 13 weeks unpaid leave

 

 

26 weeks continuous service with ESC as 15th Week before the EWC 

 

Average weekly earnings above lower NI contributions rate

 

Followed notification procedure

 

Still be pregnant at 11th week prior to EWC

 

Maternity Allowance

Please refer to line manager

 

Do not qualify for Maternity Pay

 

A full policy Impact Assessment and details of policy version control can be found within the Family Leave Policies  page.