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Maternity
Entitlements
PROCEDURE TITLE:
2007.11
PROCEDURE REFERENCE NO:
January 2017
Effective (Start) Date
April 2017
Last Review Date:
December 2018
Next Review Date Due:
This Procedure is suitable for
publication under the Freedom of
Information Act
Business Area/Department
Yes
(Delete as appropriate refer to FOI Section 6)
Human Resources
Policy Contact/Author:
Abi Walker
Business Lead Approver:
Nick Bailey
Chief Officer Approval:
(If appropriate see section 10)
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CONTENTS
Introduction………………………………………………………
3
Guidance ...……………………………………………………….
3
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Maternity Pay
Maternity Leave
Antenatal appointments
Keeping in Touch (KIT) days
Returning to work
Still births and miscarriages
Shared Parental and paternity leave
Benefits during maternity leave
Pregnancy during a career break
3
3
4
4
5
5
5
6
6
Responsibilities……………………………………………………
7
Appeals…………………………………………………………….
8
Human Rights……………………………………………………… 8
Freedom of Information………………………………………….
8
Equality Impact Assessment……………………………………..
9
Health and Safety………………………………………………....
9
Training…………………………………………………………….
9
Communication……………………………………………………
9
Review/Approval…………………………………………..………. 10
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1 Introduction
1.1
Covering Police Staff and Police Officers, this procedure aims to ensure that all staff
are aware of their rights to maternity entitlements in a clear and concise manner
and in accordance with the requirements of the Department of Social Security,
Police Negotiating Board, Police Regulations 2005 and the Police Staff Council.
1.2
The procedure aims to support, any member of staff needing to take a break in their
career to take maternity leave and will provide them with relevant information,
advice and support throughout the entire process enabling them to make well
informed decisions with regard to their own personal circumstances.
2 Guidance
2.1
Maternity Pay
2.1.1 To qualify for Statutory Maternity Pay (SMP) you must:
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Have been continuously employed by Cheshire Constabulary for at least 26
weeks at the 15th week before your baby is due. This week is known as the
qualifying week.
Provide a certificate (Form MATB1) from your Doctor or Midwife stating when
the baby is due.
Still be pregnant at the 11th week before the baby is due or have given birth.
Have given Cheshire Constabulary at least 28 days notice of your absence (or
as long as is reasonably practicable)
Have stopped work, and commence maternity leave before any payment can
be made.
Have average weekly earnings being not less than the lower earnings limit for
the payment of national insurance contributions.
SMP will be paid on behalf of the Department of Social Security.
2.1.2 The Constabulary also offers occupational materity pay for those who meet the
criteria in relation to continuous service. The tables below details the entitlements
for Police Officers and Staff:
Police Officers
Length of Service
Entitlements
Continuous service for a period of 63 Week 1-18
weeks at the beginning of the expected
week of childbirth (Sunday)
Weeks 19-39
Weeks 40-52
Full pay which may include
SMP*
Statutory Maternity Pay
Unpaid
Less than 63 weeks continuous service at You may only be entitled to SMP. Please
the beginning of the expected week of contact the MFSS HR team for further
childbirth (Sunday).
information.
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Police Staff
Scheme
Length of Service
1 year’s continuous Wks 1-18
Service at the 11th
week
before
your Wks 19-39
Expected
Date
of
Childbirth:
Entitlements
Full pay inclusive of SMP
Statutory Maternity Pay* at the
lowest rate less deductions, e.g.
income tax, NI, pension.
A.
Wks 40 – 52
B.
C.
2.3
Unpaid.
At least 26 week’s
continuous Service by
the 15th week before
your Expected Date of
Confinement, and less
than one years
continuous Local
Government Service at
the beginning of the
11th week before the
expected week of
childbirth:
Wks 1-6
90% of your normal pay less the usual
deductions, e.g. Income tax, NI,
pension.
Wks 7-39
Lower rate Statutory Maternity Pay*
less the usual deductions, e.g.
Income Tax, NI, Pensions.
Wks 40-52
Unpaid
If (i) you have less than
26 week’s service at 15
weeks before the
Expected Date of
Confinement, (ii) you
have average earnings
below the lower
earnings limit for
National Insurance; you
will not be entitled to
any paid maternity
leave:
n/a
You may be eligible for Maternity
Allowance Benefit from the DSS. You
will be issued with an ‘exclusion form’
(SMP1) which should be taken to the
DSS office.
Statutory Maternity Leave
2.3.2 By law, you cannot carry out any work during the first two weeks following the birth
of the child. This is known as compulsory maternity leave.
2.3.3 All employees are entitled to a maximum period of 15 months maternity leave which
can be taken in one or more periods. The period in which maternity leave can be
taken starts six month before the EWC and ends no later than 12 months
afterwards.
2.3.4 Maternity leave will commence on the day you have notified us of your intention to
start your leave, and no later than the date given as the probable date of birth. It
will end on the day you give as the return to work date and no later then the last day
of the maternity period.
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2.3.5 A member of staff must notify their line manager and the MFSS HR team at least 28
days before the absence begins or as soon as is reasonably practicable:
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That you are pregnant and the probable date of birth
Of the expected week of childbirth
Of the date you intend to start maternity leave.
2.3.6 Failure to comply with the above may affect entitlements to pay, leave and time off
for antenatal care.
2.3.7 A member of staff must forward their MATB1 Certificate issued by the
doctor/midwife at approximately 26 weeks into pregnancy. This certificate provides
confirmation that you are pregnant at the 15 th week before the baby is due. This is
also the date used to calculate your entitlements.
2.3.8 If a member of staff falls sick within the four week period prior to the expected date
of confinement, it is the member of staff’s responsibility to notify their line manager
and MFSS HR team. If the sickness is pregnancy related maternity leave will
commence from the fourth week and not the date previously stated.
2.3.9 If your baby is born prior to the commencement of your maternity leave you must
notify your their line manager and MFSS HR team as soon as possible to ensure
appropriate arrangements are made with payroll regarding your salary. Your
entitlements are not affected, only the dates will change, as the maternity leave
period commences automatically on the day after the date of the birth.
2.3.10 Throughout your maternity leave you and your line manager should maintain
contact.
2.4 Antenatal Appointments
2.4.2 Regardless of your length of service, you are entitled to paid time off for antenatal
care appointments. You must make the necessary arrangements for this with your
line manager and be prepared to show evidence of appointments, if required.
2.4.3 The father of the baby, or the pregnant woman’s partner has the right to unpaid time
off work to attend up to two antenatal appointments with the woman.
2.4 Keeping in Touch (KIT) days
2.4.1 Maternity Leave regulations provide the opportunity for you to discuss and agree
with your manager to work during your maternity leave for up to 10 days without
bringing your maternity leave period to an end. These days are optional and are
called ‘Keeping in touch days’ and may include for instance specific training days or
attendance at court or any activity undertaken for the purpose of keeping in touch
with the workplace.
2.4.2 For each day you attend work, this will count as one day even if you only do a few
hours. Your maternity period, however; will not be extended.
2.4.3 All individuals will receive payment for KIT days. These are paid as follows:
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Police Officers – an hourly rate based on your normal salary will be paid for
each hour worked.
Police Staff – a daily rate based on your normal salary will be paid despite
the number of hours worked.
2.4.4 All payments will be inclusive of statutory maternity pay. This will not affect your
entitlement to maternity pay or leave; instead payment for keeping in touch days
‘tops up’ such payments.
2.4.5 Line Managers are responsible for informing MFSS HR prior to the payroll deadline
of any KIT days taken.
2.5
Returning to Work
2.5.1 All employees must give at least 21 days notice to MFSS HR of their chosen return
date. Maternity leave will end on the day you give as the return to work date and no
later then the last day of the maternity period. If less than 21 days notice is given
then the Constabulary may postpone the return date but not beyond the end of the
maternity leave entitlement period.
2.5.2 On return from maternity leave you should expect the right to return to the same or
equivalent job to the one in which you were employed before absence. There is,
however, nothing to prevent variations in the terms being arranged by mutual
agreement between the parties.
2.5.3 Cheshire Constabulary is committed to equality of opportunity and ensuring that the
talents and resources of its personnel are fully utilised. Subject to operational
requirements, the force will seek to accommodate part time and flexible working
arrangements to the mutual benefit of the force and its individual members of staff.
You should refer to the Force Part Time and Flexible Working procedure for further
details of this and how to apply.
2.5.4 If you have taken a period of occupational maternity pay, then the additional amount
which is above statutory maternity pay will be reclaimed should you decide not to
return to work for at least one month.
2.6
Still Births and Miscarriages
2.6.1 In the unfortunate event of a still birth / death of baby you are advised to contact the
MFSS HR team who will then advise you on any entitlements you may have
regarding pay and/or leave.
2.7 Shared Parental / Maternity Support / Paternity Leave
2.7.1 Full details of the scheme for Cheshire Constabulary can be found in the Force
Shared Parental and Paternity Leave procedure which is available on the Force
intranet.
2.8 Benefits During Maternity Leave
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2.8.1 The Employment Rights Act provides that a woman is entitled to all of her
contractual terms and conditions during both ordinary and additional (OML and
AML); apart from remuneration, as though she was in work.
2.8.2 A period of maternity leave will be reckonable for incremental pay, annual leave and
count as continuous service.
2.8.3 Employees are entitled to accrue all annual leave during their maternity leave
including a day’s leave for each bank holiday. If your maternity leave spans two
leave years, you will be entitled to carry forward any outstanding leave i.e. no
maximum applies. Where possible, accrued leave should be tagged on to the front
or end of a period of maternity leave. If you choose not to return to work then you will
be required to repay any annual leave that has been taken in excess of your
entitlement.
2.8.4 If you contribute to a Pension Scheme when you are on paid maternity leave,
pension contributions will be deducted at source during the period of maternity leave.
Any unpaid periods of maternity leave are not reckonable for pension purposes
however, on your return to work, you may elect to pay full contributions for the whole
period of unpaid absence on a notional figure as if you had continued to receive
maternity pay. This election must be made within 30 days of returning to work. Any
contributions not paid during your absence will be recovered by a lump sum from
your pay when you return to work. If you choose not pay contributions for the period
of unpaid leave then this would be considered a break in service and would not
count towards future benefits.
2.8.5 If you are in receipt of essential car user allowance for your current role then the sum
will be paid as follows:
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For remainder of current month and the following month – the full lump sum
For the second and third month – half the lump sum
Beyond the third month – the lump sum will cease until a full return to duty
2.8.6 During a period of unpaid leave contributions to the Police Federation (Voluntary
Funds and Group Insurance schemes) will NOT be paid automatically.
2.8.7 Whilst on paid maternity leave an officer will retain rent/housing allowance (if
applicable). This will cease during any period of unpaid leave.
2.8.8 If you live in a police house you may have to pay compensation for overholding the
property during your maternity leave. The Constabulary Estates department will be
able to advise you on this.
2.9 Pregnancy during a Career Break
2.9.1 For employees currently on a Career Break and have requested maternity leave, if
there are no earnings at the qualifying week (i.e. 15 weeks prior to the Expected
Date of Confinement) you may not be entitled to Statutory Maternity Pay. However,
you may be able to claim a maternity allowance from the Benefits Agency. You will
need to request an SMP1 form from the MFSS HR team. This form will be
completed on your behalf to send to the benefits agency.
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3 Responsibilities
3.1 Retained HR
3.1.1 Cheshire Constabulary Retained HR team are the author of this procedure and will
ensure that it is monitored and reviewed to ensure the content remains current and
relevant and that the procedure is developed where appropriate in line with
Cheshire force procedure guidance.
3.1.2 The Retained HR team are also the owners of this procedure and will ensure that
the procedure is published internally/externally in line with the Cheshire force
approval process.
3.2
Member of Staff
3.2.1 Any member of staff who knows or suspects that they are pregnant has a
responsibility to inform their line manager for Health and Safety reasons, especially
where the member of staff is in an operational role.
3.2.2 A member of staff must notify their line manager and the MFSS HR team at least 28
days before the absence begins or as soon as is reasonably practicable. They
should provide a copy of the maternity certificate (MAT B1 form).
3.2.3 Prior to commencing maternity leave a member of staff should arrange to meet their
line manager to ensure reasonable contact is maintained during their absence. At
this meeting you may ask to be kept informed of vacancies and organisational
updates.
3.2.4 As soon as possible after the birth a member of staff should notify their line
manager and MFSS HR team of the date of birth, sex and full name of your baby.
3.2.5 A member of staff should inform MFSS of their return to work date, giving at least
21 days notice. If a member of staff wishes to resign following maternity leave, they
must notify their line manager as soon as possible as it may result in a proportion of
maternity pay being clawed back.
3.3
Line Manager
3.3.1 It is the supervisor’s duty to assess the health and safety risks to the pregnant
member of staff, seeking guidance where necessary from the Health and Safety
Advisor and / or our Occupational health provider.
3.3.2 Prior to commencing maternity leave a member of staff should arrange a meeting
with the line manager to ensure reasonable contact is maintained during absence.
3.3.3 Inform MFSS HR of any KIT days taken.
3.4
MFSS
3.4.1 Update personal records with maternity leave dates together with details of baby.
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3.4.2 Issue all correspondence to individual in relation to their maternity leave and pay.
3.4.3 Process all pay documentation in a timely manner.
4 Appeals
Persons affected by the exercise of powers, directives or action under this procedure
have the right to make representations and/or challenges and/or appeals to the
decisions involved, via judicial processes (e.g. Civil Law) and or non-judicial processes
(e.g. internal management, grievance and complaints procedures). They may wish to
consult with their legal advisor and/or their respective staff association representative
when considering such processes or procedures.
The maternity scheme for both police staff and officers is in accordance with the criteria
recommended by the Home Office and Police Staff Council and therefore there are no
grounds for appeal.
5 Human Rights
The Human Rights Act 1998 incorporates the Articles contained in the European
Convention on Human Rights (ECHR) into domestic law, making it unlawful for public
bodies to act in a way which is incompatible with the Convention.
I confirm that this document has been drafted to comply with the principles of the
Human Rights Act 1998.
6 Freedom of Information
Public disclosure for this policy document is determined by the Force FOI Officer in
agreement with the owner.
FREEDOM OF INFORMATION REVIEW
Fully Disclosable: I confirm this procedure is fully disclosable to
members of the public via the Force website.
Part Disclosable :I can confirm that this procedure is disclosable in
part only.
The sections listed are NOT suitable for disclosure.
Yes
Yes/No
Section:
Please seek approval from the Force FOI Officer (Sarah Davies):
FOI Review Completed by:
Date:
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7 Equality Impact Assessment
This procedure has been reviewed and drafted against all protected characteristics in
accordance with the Public Sector Equality Duty embodied in the Equality Act 2010. This
procedure has therefore been Equality Impact Assessed to ensure ‘due regard’ in respect
of the need to:
(i) Eliminate discrimination, harassment, and victimisation
(ii) Advance equality of opportunity between persons who share a relevant
protected characteristic and persons who do not share it
Protected characteristics are: age, disability gender reassignment, marriage
and civil partnership, pregnancy and maternity, race, religion or belief, sex,
sexual orientation.
(iii) Foster good relations between persons who share a relevant protected
characteristic and persons who do not share it.
8 Health and Safety
I confirm that this document has been drafted to comply with the requirements as detailed
in the Health and Safety at Work Act 1974 and the Management of Health and Safety at
Work Regulations 1999, including amongst others the general duties to:
(i) Secure the health safety and welfare of persons at work
(ii) Protect persons other than persons at work against risks to health and safety
arising out of or in connection with the activities at work.
9 Training
The following training plan will be adopted to ensure compliance with the procedure:
(i)
Learning and Development have updated the Force training package in line
with this procedure.
10 Communication
The following methods will be adopted to ensure full knowledge of the procedure:
(i)
Procedure will be published on the Force Intranet (noticeboard) for the attention
of all Police officers and staff.
(ii)
Procedure will be published on the Force procedure library.
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(iii)
Intranet marketing via weekly orders
(iv)
Disclosure to all police officers and staff on any learning/development
requirements.
11 Review/Approval
The policy business owner maintains outright ownership of the policy and any other
associated documents and in-turn delegate responsibility to the department/unit
responsible for its continued monitoring.
The policy should be considered a ‘living document’ and subject to regular review to reflect
upon any Force, Home Office/ACPO, legislative changes, good practice (learning the
lessons) both locally and nationally, etc.
The approval requirement of this procedure is defined as laid out in the Cheshire Force
Approval Matrix.
Approval Matrix.xlsx
If consultation is required the attached guide defines the personnel whom should be
included as part of any consultation
Consultation 0916
Final.xlsx
11.1 This procedure will be reviewed every 2 years when the procedure will be formally
reviewed to consider:
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Its effectiveness in the business area concerned
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Any changes to legislation
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Challenges to the procedure
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Any identified inefficiencies in relation to implementation
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