Maternity Policy

Table of contents

Read alongside

Parental Leave Policy  

New & Expectant Mothers Risk Assessment  

Neonatal Leave & Pay Policy  

Parental Bereavement Leave  

Flexible Working Policy  

GDPR Privacy Notice for Employees / Workers / Contractors  

Grievance Policy & Procedure 

1.0 Introduction

1.1 All pregnant employees are entitled to a total of 52 weeks’ maternity leave, irrespective of their length of service.  We have set out below all of your rights and obligations should you become pregnant.   

1.2 At Clinical Partners we endeavor to ensure all women are given support and encouragement before, during, and on their return to work from maternity leave.  

1.3 We aim to ensure that the employee’s duties are adequately covered during maternity leave and that an effective dialogue is implemented at all stages so that employees feel fully informed about their entitlements and the process to follow.  

1.4 You’ll find everything related to your maternity entitlement in this policy, from antenatal care, length of leave, maternity pay, keeping in touch and returning to work.  For information regarding Shared Parental leave please see the shared parental leave policy.  

1.5 The following terms are used within this policy: 

2.0 Scope of policy

2.1 All employees taking maternity leave are covered by this policy, including those on part-time contracts.  

2.2 It does not apply to self-employed contractors.  

2.3 This policy is non-contractual but outlines the way in which we deal with maternity pay and leave.  We reserve the right to amend this policy at any time.  Such changes will be notified to all employees. 

3.0 The policy

Notification Requirements 

3.1 We would ask you to notify us as soon as possible of your pregnancy so that we can ensure you are fully aware of all your entitlements and obligations and so to enable us to ensure that, where appropriate, any reasonable steps are taken to safeguard the health and safety of yourself and your unborn child and that you are not subject to any unnecessary risks at work. 

3.2 To qualify for maternity leave you need to provide us with written notification no later than the end of the 15th week before the EWC, or as soon as it is reasonably practicable to notify us, of the following information:  

• Your pregnancy 

• Your EWC, and 

• The date you wish to start your ordinary maternity leave period, which can be any time from the 11th week before the EWC.  

3.3 There is a form you can use to provide this information, which is available from the HR Department, please email hr@clinical-partners.co.uk to request.  

3.4 You should also supply a copy of your MATB1 to your line manager and the HR department.  A MATB1 should be from a registered medical practitioner or registered midwife and states the EWC, you will normally be provided with this at around the 20-week stage.  

3.5 Once you have notified your line manager and the HR department of your intended start date of ordinary maternity leave, they will confirm, in writing, the date that we expect you to return to work after additional maternity leave has ended. This confirmation should be sent to you within 28 days of your notification.   

3.6 An informal meeting will then be arranged with a member of the HR team to discuss your entitlements and the organisational processes involved. The meeting will include discussions on the following points:  

• The amount of leave you can take and the payment arrangements. 

• The information that we will need from you to process your maternity leave. 

• Time off for antenatal appointments. 

• Risk assessments to ensure your role does not pose a risk to your, or your baby’s, health and safety. 

• Your right to return after maternity leave to the same or a similar role. 

• The opportunity to request flexible working and how a request should be made.  

3.7 In order to ensure good communication and a smooth transition in the time leading up to maternity leave, and during the leave itself, you will be informed of the arrangements for covering your work.  Your line manager will also discuss how best to handover your work before your leave and whether any temporary reporting arrangements need putting in place. Your line manager and you should actively discuss how you would like to stay in contact including the frequency and method whilst you are on leave.  

3.8 We would like to keep you fully informed of any news or developments at work during your leave and we will continue to send you Clinical Partners news and information on social events etc. We will also keep you informed of any recruitment exercises undertaken during your absence. 

4.0 Health and safety

4.1 So that we may assess any potential risk that your role poses to your health and safety, and the health and safety of your baby, you must advise your line manager as soon as you are aware that you are pregnant. A Health and Safety Risk Assessment will be undertaken by them, and action taken to eliminate any risk.  

4.2 This may include making adjustments to your role or, if no adjustments can be identified that will reduce or remove the risk, you will be offered a suitable alternative role for the duration of your pregnancy. In the event that alternative work cannot be found, we reserve the right to place you on suspension on full pay until you are no longer at risk. If necessary, where a risk remains, these arrangements will continue for a period of six months after the birth of your child.  

4.3 Please speak with your line manager immediately if you are worried about your own health and safety at any time. 

5.0 Time off for antenatal care

5.1 You are entitled to paid time off during normal working hours to receive antenatal care, which can include medical examinations, as well as relaxation classes and parent-craft classes if deemed necessary and advised by a medical practitioner. Time off will be provided for any time spent travelling to and from these appointments, including any waiting time.  

5.2 Other than for the first appointment, you may be asked to produce both a certificate confirming that you are pregnant and an appointment card (or similar document) from a registered medical practitioner, or a registered midwife, in the case of medical examinations or relaxation classes, or from a registered health visitor in the case of parent-craft classes, showing that an appointment has been made.   

5.3 These appointments should be entered in the PeopleXD system.  You will receive full pay for the time taken to attend these appointments. 

6.0 Length of maternity leave

6.1 Subject to meeting the notification requirements set out above, you are entitled to 52 weeks’ maternity leave in total, broken down as follows: 

• 26 weeks’ ordinary maternity leave (OML), including a 2-week period of compulsory maternity leave (or 4 weeks for factory workers) after the birth of your child. 

• 26 weeks’ additional maternity leave (AML) that starts immediately after OML.   

6.2 Unless you notify us that you wish to take a shorter period, Clinical Partners will automatically assume you are taking your full entitlement to 52 weeks and will write to you to confirm your expected return date. 

6.3 During periods of OML and AML, you remain entitled to receive your normal contractual terms and conditions of employment that you would have received had you not taken this leave, with the exception of remuneration. This will include contractual benefits, including employer pension contributions, holiday accrual, etc., subject to the terms of these benefits. 

7.0 Commencing maternity leave

7.1 You can start maternity leave at any time from the beginning of the 11th week before the EWC and may commence as late as the day after the birth of your child, unless your leave is triggered by pregnancy related absence (see below), or your baby requires neonatal care (see below and our Neonatal Care and Leave Policy).   

7.2 You are required to inform of us of the date you intend to start leave however you may change this date so long as you provide at least 28 days’ notice of this change.  

7.3 Any application for a date change should be made in writing to your line manager who will the liaise with the HR team, there is a form to notify us of this variation, which is available from the HR department, please email them at hr@clinical-partners.co.uk  

7.4 Compulsory maternity leave commences on the day after the childbirth occurs. Its purpose is to ensure that you have at least a two-week period of leave (or four weeks for factory workers) after the birth of your baby. Unless the baby born required neonatal care, and then Neonatal Leave would apply ahead of maternity leave commencing. Please refer to the Neonatal Care and Leave Policy for more details.   

7.5 There are two incidences in which the maternity leave period is triggered automatically:  

• Where childbirth occurs before the OML would otherwise commence. If this occurs, please notify us, in writing as soon as is reasonably practicable after the birth, of the date on which you gave birth. Your maternity leave period will begin automatically on the day following the date of the birth, unless your baby is in neonatal care. 

• Where you are absent from work, wholly or partly due to your pregnancy, after the beginning of the fourth week before the EWC. If this occurs, please notify us, in writing as soon as is reasonably practicable, that your absence from work is wholly or partly due to your pregnancy and the start date of this absence. In these circumstances, Clinical Partners may require that your maternity leave period begins on the day following the first day of such absence. 

7.6 Once you have notified your line manager that your OML period, or neonatal leave, has been triggered due to pregnancy related absence or premature childbirth, we will confirm, in writing, the date that we expect you to return to work after the neonatal leave, and AML period has ended. This confirmation will be sent to you within 28 days of your notification.  

7.7 If you wish to vary the date on which you intend your OML to start, you must notify us of the new date at least 28 days before the new date or, if that is not reasonably practical, as soon as is reasonably practical. 

8.0 Shared parental leave

8.1 You may be entitled to take shared parental leave and you should refer to our shared parental leave policy for further information on entitlements, eligibility and notice requirements. 

9.0 Maternity pay

9.1 Dependent upon your length of service, you may be entitled to receive statutory maternity pay (SMP).   

9.2 If you do not qualify for such a payment, you may, dependent upon your circumstances, be eligible to receive state maternity allowance. In these circumstances, we will provide you with the form SMP1 within seven days of determining that you do not qualify.  

9.3 You will qualify for SMP if you meet the following criteria:  

• you have been continuously employed with us for at least 26 weeks by the 15th week before your baby is due. 

• your average weekly earnings are not less than the lower earnings limit relevant for National Insurance purposes. 

• you are still pregnant at the 11th week before the EWC or have given birth by that time and 

• you have complied with the relevant notification requirements detailed within this policy.  

9.4 The period for which SMP may be paid is called the maternity pay period. The maternity pay period may start at any time from the start of the 11th week before the EWC and can continue for up to 39 weeks, even if you do not intend to return to work.  

9.5 The starting date of the maternity pay period will usually be agreed between the employer and the employee however the final decision is yours. The maternity pay period and SMP can start on any day of the week. However:  

• if you work up to the birth, the maternity pay period and SMP will start from the day following the date of the birth. 

• if you are absent from work because of a pregnancy related reason on, or after, the start of the fourth week before the EWC, the maternity pay period will start on the day following the first day you are off work for that reason; and 

• if you are absent on sick leave with an illness which is not pregnancy related, the maternity pay period will start as notified or from the date following the date of birth whichever is the earlier. 

• If your baby was born early and the maternity pay period has started, SMP will be paid in the normal way until the liability ends as if the baby had been born in the EWC. 

• If the baby is born after the EWC, the maternity pay period is not affected.  

9.6 Payment will be made at the rate of 90 per cent of your average earnings (or standard rate SMP whichever is the greater) for the first six weeks of leave and then up to 33 weeks at the Standard Rate of SMP or 90 per cent of your average weekly earnings (whichever is lower).  

9.7 Your normal weekly earnings are calculated based on an average of your gross earnings for national insurance during the ‘relevant period’. This will include, for example, any payments relating to overtime, commission, and bonuses. The ‘relevant period’ is the period ending on the last normal pay day before the qualifying week and starting with the normal pay day which is at least eight weeks earlier. The exact calculation of weekly earnings will depend on whether you are paid monthly, weekly or at other intervals. Further advice on how your normal weekly earnings will be calculated can be obtained from the Payroll department.  

9.8 Where your gross earnings are increased by a pay rise, and this increase takes effect from the start of the relevant period and before the end of the AML period, this increase will result in a recalculation of your SMP. As a result of this recalculation, you may be entitled to a retrospective increase or may subsequently qualify to receive SMP. 

10.0 Keeping in touch (KIT) days

10.1 You may, by mutual agreement, work for up to 10 days during your maternity leave period (but not during the compulsory maternity leave period) without losing statutory payments for that week or ending your entitlement to leave. Payment for KIT days will be discussed and agreed in advance of these being worked.  

10.2 For this purpose, any work carried out on any day, even just an hour's work, is deemed to constitute "a day's work". Any days' work done under this provision will not have the effect of extending the total duration of the maternity leave period. 

11.0 Stillbirth and miscarriage 

11.1 In the unfortunate event that you experience a miscarriage before 24 weeks of pregnancy, you will no longer be entitled to take maternity leave. It is anticipated that an employee may need some time off work in these circumstances, and this will usually be taken as sick leave, during which Clinical Partners’ sickness absence policy will apply.  

11.2 In the unfortunate event that you suffer a stillbirth after 24 weeks of pregnancy, your entitlement to maternity leave and pay will not be affected and you will still be able to take the time off, and receive pay, as planned. From 6 April 2020, parental bereavement leave is also available for employees who suffer a stillbirth. You can read more information on this entitlement in our separate policy on Parental Bereavement Leave. 

12.0 Holidays

12.1 You will continue to accrue holidays whilst you are on maternity leave. As these holidays cannot be taken whilst you are on maternity leave, it is important for us to discuss and agree the arrangements for the taking of these holidays.  Clinical Partners will request that you take a proportion of your leave before returning to work so that you do not have an excessive holiday balance remaining upon your return to work which may be disruptive to you, your team, our patients and the wider business. 

13.0 Returning to work

13.1 If you return to work at the end of your OML period, you are entitled to return to the same job, with the same terms and conditions, in which you were employed before your absence.  

13.2 If you return to work after a period of AML, you are entitled to return to the same job in which you were employed before your absence. Where this is not reasonably practicable, you will be entitled to return to a suitable and appropriate job on terms that are no less favourable.  

13.3 If you are made redundant during maternity leave, you will be offered a suitable alternative role.  

13.4 Unless you state otherwise, it will be automatically assumed that you will return to work at the end of your full 52 week leave period. So that we may make effective plans for your return, we would be grateful if you would contact us shortly before your return. However, there is no obligation on you to do so unless you wish to change the date of your return, in which case you must give us eight weeks’ notice.  

13.5 For example, if you only wish to take the 26 weeks’ ordinary maternity leave or the 39 weeks paid maternity leave, you must give us 8 weeks' notice of your intended return date. If you attempt to return to work without giving the required notice, we may postpone your return to a date that will ensure that there has been 8 weeks' notice of that return, or the original date of return, whichever is the lesser period of time.  

13.6 If you qualify for shared parental leave and wish to return early from maternity leave for this purpose, you must also give us eight weeks’ notice. You can find more information on this in our shared parental leave policy.  

13.7 You may be invited to attend an informal meeting with your line manager in order to discuss any arrangements regarding your return to work. This is likely to take place approximately two weeks before your return. The following points will be discussed at this meeting: 

• any developments that have taken place at work 

• any appropriate training to take place. 

• any flexible working arrangements which have been agreed.  

13.8 If you decide that you do not wish to return to work after your maternity leave, you are required to give us notice of your resignation. Your notice period to resign is set out in your contract of employment.  

13.9 If you are unable to return on the agreed date due to sickness, please inform your line manager immediately. 

14.0 Flexible working

14.1 We recognise that colleagues who have recently become parents may wish to amend or reduce their working hours or undertake homeworking.  

14.2 We will make every effort to accommodate requests for part time working, provided that your duties can still be effectively carried out on such a basis. However, we must also take into account the needs of the business when assessing and granting any requests.  

14.3 Any flexible working request should be made in line with the process set out in the flexible working policy. 

15.0 Grievances related to maternity rights

15.1 Clinical Partners’ grievance procedure may be used in the event that you are dissatisfied with any decision made in respect of your maternity rights. 

16.0 Review of policy

16.1 This policy will be reviewed every 3 years or upon a change in approach / legislation / regulation – whichever is sooner.