PoliciesMaternity Toolkit FAQs

Definitions

The week, beginning with midnight between Saturday and Sunday, in which it is expected that childbirth will occur.

Employees can work up to 10 ‘keeping in touch days’ during their maternity, adoption or additional paternity leave. These days are optional and there is no obligation to use them. Payment will be made, depending on where on the maternity pay cycle an employee is.

This is an alternative option to maternity leave which allows a mother to reduce her maternity entitlement and share this with their partner, if they are eligible.

This is paid (up to 39 weeks) to employees who are not entitled to SMP but who meet the qualifying conditions for Maternity Allowance.

This is paid (up to 39 weeks) by the University to employees who meet the statutory conditions. This is paid at the statutory rate set by the Government in the relevant tax year and is normally subject to change on 06 April each year.

This is an enhanced rate that the University pay to employees in addition to (or on top of) any SMP entitlement. This allows eligible staff to receive the equivalent of full or half pay (depending on option chosen) whilst on maternity leave.

Maternity

All staff have the right to 52 weeks of maternity leave. A minimum of 2 weeks maternity leave must be taken immediately after the birth of the baby.

Employees are entitled to UMP as long as long as they are employed by the University in the EWC and they have been continuously employed by the University for 26 weeks or more at the beginning of the 15th week before the EWC.

Where an employee is not eligible for University Maternity Pay and Statutory Maternity Pay then they may be eligible to claim Maternity Allowance directly from the Department of Work and Pensions (DWP).

This is a certificate issued by the GP or midwife, verifying the fact of pregnancy and confirming the expected week of childbirth (EWC) (or actual date of birth in cases where the child is born early), and is available from 20 weeks before the EWC.

It is advised that you inform your manager of your pregnancy as early as possible. This helps the University to ensure you are fully supported in terms of your health, safety and wellbeing.

Although early notification is encouraged, the employee must submit a formal request for maternity leave by the end of the Qualifying Week (i.e. the 15th week before the expected week of childbirth). This can be done by completing the Request for Maternity Leave form. You should also submit your Maternity Certificate (MATB1) where possible.

Your manager should work with you to discuss the key considerations in planning for your maternity leave. The Maternity Leave Checklist (Guidance for Managers) and Maternity Leave Checklist (Guidance for Employees) can be used to guide any discussion and ensure that the important areas are covered. A Risk Assessment should also be carried out to ensure that you are safe at work during your pregnancy.

You can start your maternity leave up to 11 weeks before the expected week of childbirth or on the actual date of birth at the latest. If you are off work as a result of a pregnancy-related illness in the 4 weeks prior to your EWC then your maternity leave will commence on the first day of your absence.

You should inform your manager immediately and a risk assessment should be carried out. If an assessment has already been carried out, it should be reviewed. It may be appropriate for adjustments to be made to your role, or working environment or for alternative duties to be explored for the duration of your pregnancy. If this is the case it will always be done in full consultation with you, taking expert advice into account to ensure your safety at work.

If an employee suffers a miscarriage prior to 24 weeks of pregnancy and is unable to attend work support will be provided under the University’s Sickness Absence Management Policy.

In the event that an employee has a stillbirth at 24 weeks or later in her pregnancy she will be entitled to the same amount of Maternity Leave and Pay as she would have received had the baby been born alive.

The Manager should contact a staff member to discuss their needs in these circumstances and inform HR of the situation.

KIT days, short for “Keeping in Touch”, are days that the employee attends work during maternity leave and may be used to keep up to date with developments and projects, to attend training event or a meeting, or any other reason they believe would be beneficial.

Payment for KIT days will vary dependent on the hours worked and which point in the maternity pay cycle you are. It will not exceed the amount of payment you would have received had you been at work.

A manual record of the days taken should be maintained to ensure that the staff member does not exceed the statutory provision of up to 10 days. This is important as they would lose a week’s maternity/adoption/paternity pay for each week that the days over 10 KIT days worked fell within, even if it only involved a few hours of activity.

No, up to 10 KIT days are available to all eligible staff, no matter what their hours of work are.

You should provide notice in writing to your line manager and HR at a minimum of 8 weeks prior to the date you wish to return on. HR will confirm your return date in writing and instruct payroll.

If you are off sick for a maternity-related reason within four weeks of your due date, then your maternity leave (and any maternity pay) must start automatically.

Adoption

The right to adoption leave under the University's procedure is available to an individual adopter or one member of a couple jointly adopting or one of the intended parents subject to a surrogacy Parental Order. It is up to the adoptive couple/intended parents to decide which of them applies for this leave.

The Paternity and Adoption Leave Regulations 2002 defines “the adopter”, in relation to a child, as a person who has been matched with the child for adoption, or, in a case where two people have been matched jointly, whichever of them has elected to be the child’s adopter.

Paternity/Partner leave is also available to the spouse, civil partner or partner of either sex of a child’s adopter, or to one of a couple who jointly adopt a child or have entered into a legal surrogacy arrangement.

“Partner”, in relation to a child’s mother or adopter, means a person (whether of a different sex or the same sex) who lives with the mother or adopter and the child in an enduring family relationship but is not a relative of the mother or adopter i.e. mother’s or adopter’s parent, grandparent, sister, brother, aunt or uncle.

To qualify for Statutory Adoption Pay (SAP) a staff member who is adopting a child from within the UK must have been continuously employed for at least 26 weeks ending with the week in which he or she is notified of having been matched with the child. He or she must be in employment with the University at the beginning of that week. As long as the individual meets this and the other eligibility requirements, s/he will remain entitled to SAP if they leave the employment before the leave is due to start.

Where the staff member is not entitled to University Adoption Pay or Statutory Adoption Pay they may be able to seek financial support from the government. Further information should be sought from Job Centre Plus.

In such circumstances, the staff member is responsible for notifying the Payroll Team that s/he works for another employer, as SAP can be received from each employer for which an individual satisfies all the terms and conditions. Further information/guidance in such circumstances should be sought from the Payroll Team.

An overseas adoption occurs where a child enters Great Britain from outside the UK in connection with or for the purposes of adoption, which does not involve the placement of the child for adoption under the law of any part of the UK. Such situations are the rarity rather than the norm.

The employee may choose to begin their SAL from the date that the child enters the UK or a fixed date no later than 28 days after the child enters the UK.

In such cases the staff member is encouraged to speak to their HR Team Contact for further information regarding the University’s adoption leave policy and the specific notification requirements. In terms of notification, staff should notify their line manager within 28 days of receiving an official notification from the relevant domestic authority, confirming the date on which the official notification was received and the date the child is expected to enter Great Britain. Once the child enters Great Britain, staff should give at least 28 days advance notice of the date adoption leave is to start, as well as evidence confirming the child’s arrival.

Maternity support leave & pay

The following individuals may be eligible for maternity support leave (if they meet this criteria and are not taking maternity or adoption leave):

  • A father
  • A spouse, civil partner, partner of the child’s mother who is not the baby’s father
  • A spouse, civil partner, partner of the adopter who has been jointly matched for adoption of the child or
  • A spouse, civil partner, partner of the adopter adopting a child from abroad
  • One of a couple jointly entering into a legal surrogacy arrangement subject to a parental order (this is a University provision as there is currently no statutory provision at present)
  • Civil partner/partner could include transsexuals or those undergoing transgender reassignment, if they meet the eligibility criteria

The right to statutory paternity/partner leave is available to the civil partner of the biological mother of a child. It is also available to the partner of the biological mother of a child, where "partner" means a person of either sex who lives with the mother or adopter in an enduring family relationship but is not an immediate relative (i.e. is not the child’s mother or adopter’s: parent, grandparent, sibling, uncle or aunt).

The term ‘mother’ is defined in relation to paternity/partner leave as the mother who gave birth to the child i.e. the biological mother. However, it is recognised that in some female same sex relationships the term ‘mother’ is used for both parents.

Maternity Support Leave is also available to the spouse, civil partner or partner of either sex of a child’s adopter, or to one of a couple who jointly adopt a child or for University staff who enter into a legal surrogacy arrangement.

The eligibility criteria are the same whether an individual works full or part-time and any leave/pay provisions under the scheme will be pro-rated to reflect the commitment level of any part-time contracts.

This must be supplied if the staff member no longer meets the eligibility criteria. For example:

  • They no longer meet the requirements of being the child’s father or married to or the civil partner/partner of the mother/other adopter
  • They no longer meet the requirement of having or expecting to have the main responsibility for the child (or in the case of UK adoptions they no longer meet the requirement of being matched with the child for adoption)
  • The mother/adopter is no longer entitled to maternity/adoption leave, statutory pay or maternity allowance

Yes. The University can request that the staff member provide proof such as: a copy of the child’s birth certificate, a copy of the surrogate mother's MATB1 certificate, a surrogate intended parents ‘parental order’ or documents issued by the adoption agency showing: the name and address of the adoption agency; the date that the staff member was matched with the child; and the expected date of placement and where relevant date of the child’s entry into GB, and ask for the name and address of the mother’s/adopter’s employer (or her/his business address if s/he is self-employed).

Shared parental leave

Yes, both parents can be absent from work on shared parental leave at the same time. The amount of shared parental leave that the parents can share is 52 weeks, minus the amount of maternity leave taken by the mother, or adoption leave taken by the primary adopter. All leave must be taken before the child's first birthday, or before the first anniversary of the day on which the child was placed for adoption. For example, the mother could take two weeks' compulsory maternity leave followed by 40 weeks' shared parental leave. This would leave 10 weeks' shared parental leave for the father (or the mother's partner) to take at any time before the child's first birthday, either at the same time as the mother or when she has returned to work.

The mother would need to curtail her maternity leave to take up shared parental leave by completing the period of leave change form if currently on maternity. If the maternity has not commenced, she would need to complete the Shared Parental Leave Notification Form.

You are required to give 8 weeks’ notice.

A manual record of the days taken should be maintained to ensure that the staff member does not exceed the statutory provision of up to 20 days. This is important as they would lose a week’s maternity/adoption/paternity pay for each week that the days over 20 split days worked fell within, even if it only involved a few hours of activity.

No, up to 20 split days are available to all eligible staff, no matter what their hours of work are.

Annual leave

No, they can be added to the individual’s annual leave entitlement and taken at a time agreed with their manager.

No. Ordinary maternity leave is triggered by childbirth. Given that it is not possible for employees to take annual leave and maternity leave simultaneously, if an employee gives birth while she is on annual leave, her annual leave will cease and her maternity leave will commence.