Pillar Kincardine Policy  - Date of creation: 12 February 2003 - Revision dated: 9 February 2010

Maternity Leave

It is Pillar Kincardine policy to assist staff to strike a balance between work and family commitments, and to make them aware of their rights as employees.  Pillar Kincardine will offer support and assistance to employees who become pregnant, both during the pregnancy and where possible after the birth.

Entitlement

Pillar Kincardine employees who fall pregnant are entitled to up to 52 weeks’ maternity leave regardless of length of service.  'Ordinary' maternity leave lasting up to 26 weeks may begin at any time from the 11th week before the Expected Week of Confinement (EWC).  Employees are also entitled to a further 26 weeks’ additional maternity leave continuing directly on from their ordinary maternity leave.  An employee who suffers a stillbirth after 24 weeks of pregnancy automatically has the right to the ordinary maternity leave period.

Statutory Maternity Pay (SMP) is payable for up to 39 weeks to eligible employees who take maternity leave or leave employment because of pregnancy or childbirth.  SMP is not payable to employees who have less than 26 weeks’ continuous service by the 15th week before the EWC; however the employee may be able to claim a Maternity Allowance from the Department for Work and Pensions.

During maternity leave holiday entitlement will continue to accrue in the normal way and may be added to the end of the period of leave.

Procedure

When an employee receives medical confirmation that she is pregnant, she should immediately notify the Service Manager in writing and, if requested to do so, provide a medical certificate confirming her pregnancy.  This is to allow Pillar Kincardine to ensure that, so far as is reasonably practicable, any risk to her health and safety arising from her work may be avoided.

An employee will be entitled to paid time off during working hours for the purpose of ante-natal care.  She may be required to produce an appointment card or some other document confirming appointments other than the first.

It is a legal requirement that employees give at least 28 days’ notice of the proposed start date for a period of maternity leave.  If maternity leave commences unexpectedly because of the birth of the child, then the employee must notify Pillar Kincardine of the birth as soon as is reasonably practicable.  An employee who is absent from work due to a pregnancy related illness at any time during the last four weeks before the week in which the baby is due is deemed to have begun her period of maternity leave.

Return

An employee returning to work normally after ordinary maternity leave does not need to give notice of her return.  Employees who propose to return to work before the end of the agreed maternity leave period are required to give at least 8 weeks’ notice of the date on which they intend to return.  Employees are in any case prohibited from working or being permitted by the employer to work during a period of two weeks from the date of childbirth.  If an employee fails to return without reasonable explanation after the maximum period of maternity leave following childbirth to which they are entitled, they may lose their right to return.

Employees are entitled to return to the same job on terms and conditions no less favourable than those at the commencement of their Maternity Leave, and to any improvements in terms and conditions implemented in their absence.  If an employee requests to return on a part-time basis then Pillar Kincardine will give reasonable consideration to this request and will not unreasonably refuse permission.

Pillar Kincardine Policy  - Date of creation: 12 February 2003 - Revision dated: 9 February 2010