People Experience and Culture Maternity Policy and Procedure
1. Purpose
This policy outlines your statutory and occupational entitlements to maternity leave and pay, and the procedures to follow in order to assist you.
This policy does not form part of your employment contract, and we may update it at any time.
2. Scope
This policy applies to all employees on a University of Derby or Derbyshire Student Residences Ltd (DSRL) contract of employment who are pregnant or who have recently given birth. It does not apply to agency workers, consultants, self-employed contractors, or volunteers.
3. Definitions
- EWC – Expected week of childbirth. The week, starting on a Sunday, in which it is expected that childbirth will occur.
- MAT B1 – Sometimes known as a maternity certificate. It is a form from a doctor or midwife providing medical evidence of pregnancy after 20 weeks into the pregnancy.
- Maternity Leave – up to 52 weeks’ leave divided into 26 weeks’ Ordinary Maternity Leave (OML) and, immediately after, 26 weeks’ Additional Maternity Leave (AML).
- Mother/Birthing Parent – the person who has, or is due to give birth to the child (this could be a person of any gender identity).
- OMP – Occupational maternity pay.
- SMP – Statutory maternity pay.
- Qualifying Week – The 15th week before the expected week of childbirth.
- Relevant Period – Your average weekly earnings during the eight weeks ending with the Qualifying Week.
4. Policy Statement
The University is committed to providing competitive family-friendly packages in support of talent attraction, retention, staff wellbeing and career progression. It recognises the value of achieving a gender-diverse workforce and creating an environment that supports work-life balance for working parents. In support of this, the provisions of this policy exceed the statutory requirements and are highly competitive both inside and outside of the sector.
This policy and procedure sets out the entitlements and benefits for pregnant employees and new mothers/birthing parents.
5. Procedure
5.1 Notification of pregnancy
On becoming pregnant you should notify your line manager as soon as possible. This is important as there may be health and safety considerations (see section 6).
By the end of the Qualifying Week, you need to confirm the following to your line manager in writing:
- That you are pregnant
- Your expected week of childbirth
- The date that you intend to start your maternity leave (Intended Start Date).
Please complete the ‘Arrangements for Maternity Leave’ form found on the People Experience and Culture (PEC) team’s intranet pages and submit it to your line manager as soon as possible, together with your MAT B1 certificate.
You are entitled to bring forward your Intended Start Date providing you give 28 days’ notice before the new start date.
In the event of early birth, please contact your line manager and the HR Operations Team at the earliest opportunity. If the baby is born in a week other than the EWC, we may have to re-calculate your maternity leave period and/or maternity pay. The HR Department will then write to you, with a copy to your line manager, to let you know of any changes.
You may also postpone your Intended Start Date, provided you advise your line manager in writing at least 28 days before the original proposed date.
We will write to you within 28 days to confirm the date you are expected to return to work if you take your full 52-week entitlement.
5.2 Maternity Leave
You are entitled to take 26 weeks’ ordinary maternity leave (OML) and 26 weeks’ additional maternity leave (AML), making a total of 52 weeks. This is regardless of the number of hours you work or your length of service. Your AML will commence on the day after your OML ends.
You can decide when you want to start your maternity leave but, unless the baby is born prematurely, the earliest date you can start maternity leave is 11 weeks before the EWC.
The law prohibits you from working during the two weeks following childbirth. This period is called compulsory maternity leave (CML). During these two weeks, you may not work for the University (or another employer) in any capacity.
If the child is born before the date you intended to commence your maternity leave, it will be automatically triggered on the following day.
5.3 Maternity Pay
Statutory Maternity Pay (SMP)
SMP is payable for up to 39 weeks during maternity leave. To qualify for SMP the following must apply:
a) You must have been employed by the University of Derby without a break in service for at least 26 weeks (irrespective of the number of hours worked) ending with the Qualifying Week. Previous continuous service with another HE or FE institution does not count towards eligibility for statutory pay.
b) Your average weekly earnings in the eight weeks up to and including the Qualifying Week (the Relevant Period) must have been at least equal to the lower earnings limit (the level at which you start paying National Insurance Contributions).
c) You are still pregnant at the 11th week before the baby is due or have had the baby by that time.
d) You have passed your MAT B1 certificate to the HR Operations Team at least 21 days before your Maternity Leave is due to start. If you do not submit your MAT B1 certificate we will be unable to pay you any maternity pay. If the certificate is received less than 21 days before you start maternity leave then your maternity pay may be delayed.
e) You have stopped work and your Maternity Leave has begun.
See the separate Family-Friendly Leave: Pay Information information on the intranet.
Payment of SMP cannot start before the 11th week before the EWC. SMP can start from any day of the week in accordance with the date you start your maternity leave.
SMP is payable to you irrespective of whether you intend to return to work after maternity leave.
SMP payments will cease if:
- You are taken into legal custody;
- You work for another employer who did not employ you in the Qualifying Week;
- If you return to work (excluding a keeping in touch day (see section 10);
- You die (it cannot be paid to your family).
You are still eligible for SMP if you leave employment for any reason after the start of the Qualifying Week (for example, if you resign or are made redundant). In such cases, if your maternity leave has not already begun, SMP starts to accrue in whichever is the later of:
(a) the week following the week in which employment ends; or
(b) the 11th week before the EWC.
SMP will usually be paid as a lump sum at the time employment ceases.
Occupational Maternity Pay (OMP)
To qualify for OMP, you must have completed one year's continuous service by the Qualifying Week. Previous continuous service with another HE or FE institution can count towards eligibility for occupational pay.
Payment of OMP is conditional on you confirming in writing, before starting maternity leave, that you intend to return to work for at least six months after maternity leave. If you do not return to work for this minimum period, any OMP (but not SMP) must be repaid. If there is occupational pay to be repaid, it will be taken from your final salary where there are sufficient funds to do so. If this is not possible, the university will agree a repayment plan with you. This might include, for example, that where notice of termination of employment is longer than one month, the occupational pay to be repaid may be deducted over the whole notice period so that the deductions can be split over two or more months.
The university may decide to waive the repayment requirement where there are clear compassionate grounds (e.g. stillbirth and neo-natal loss), or where your employment ends for non-voluntary reasons that were not reasonably foreseeable before your maternity leave commenced (e.g. compulsory redundancy). The university will not normally waive the repayment requirement where the dismissal is for misconduct.
For the avoidance of doubt, you will still be eligible for OMP (subject to meeting the criteria stated above) even if you do not meet the criteria for SMP.
OMP is payable as follows:
18 weeks at 100% of your normal weekly pay, inclusive of any SMP payments made in those weeks.
Where you do not have normal working hours (i.e. hourly paid employees), a week’s pay is your average remuneration calculated over the period of 8 weeks up to and including the Qualifying Week.
5.4 Other pay-related information
Maternity pay will be paid into your bank account on the same day that you would normally receive your salary payment subject to the usual tax and national insurance contributions.
If you have the required continuous service, but have not paid sufficient National Insurance contributions to qualify for SMP, you will still receive OMP.
If you do not qualify for SMP you may be entitled to claim Maternity Allowance. See GOV.UK - Maternity Allowance.
If you are informed that you that you are eligible to receive Maternity Allowance you must declare the amount received to the HR Department as this will be offset against any OMP payments you receive.
6. Health and Safety
The University of Derby recognises that employees who are pregnant or new mothers/birthing parents may be affected by hazards in the workplace which would not affect other employees. It is therefore strongly advised that you notify your immediate line manager and your HR Operations Team contact as soon as you know you are pregnant so that an assessment and identified controls can be put in place during your pregnancy; including if you have given birth within the previous 6 months and/or if you are breast-feeding.
You would normally continue in your existing role unless a risk assessment identifies that your work activities may be potentially unsuitable and may involve a risk to either yourself, or your unborn child.
Your line manager is responsible for undertaking a pregnancy risk assessment once you have notified them of your pregnancy. This will enable your line manager to address any health and safety issues and provide suitable controls. This may also require a referral for you to be seen by Occupational Health.
The risk assessment template can be found on our intranet pages; whilst completed by your manager this should be undertaken with you and a copy will be forwarded to the HR Operations Team. Things can change during pregnancy, and it may be necessary to review the risk assessment. It is important that you notify your manager of any changes so that the risk assessment can be reviewed.
The risk assessment should be reviewed if you return to work within six months of giving birth and/or if you are breastfeeding.
If it is not possible for you to continue in your current role, the University would either find a suitable alternative role within the University, or if no suitable alternative role can be identified, offer you paid leave until the risk no longer exists or the maternity leave commences, whichever happens first.
On returning to work following maternity leave, you may be required to undertake suitable alternative work for a period if the original risk assessment of your work activities determines that you, or your child, would be at risk undertaking your usual role.
The university has rooms and facilities available for pregnant women and those that are breastfeeding to rest and to express and store milk.
7. Antenatal care
Details about time off to attend appointments related to antenatal care can be found in the Special Leave Policy.
8. Illness
If you are absent due to illness during your pregnancy, you should report this in the normal way and continue to provide certificates as required by the University's Attendance Management policy and procedure until such time as you commence maternity leave.
If the absence is pregnancy-related and occurs before the last four weeks of the EWC, the absence will be dealt with in line with the University’s Attendance Management policy and procedure. However, if you are absent wholly or partly for a pregnancy-related reason in the four weeks before the EWC, your maternity leave is likely to automatically be triggered, unless the university agrees to delay it.
Pregnancy-related absences will be included in the current absence monitoring (Bradford Factor) calculation but will be recorded separately and will be disregarded in any future employment-related decisions, including formal action under the Attendance Management policy and procedure.
9. Baby Loss
Miscarriage, ectopic or molar pregnancy
In the event of a miscarriage, ectopic or molar pregnancy, you may need time off work to recover physically and emotionally. Any time off will be classed as pregnancy-related sickness absence and as such will be recorded separately to other absences and will be disregarded in any future employment-related decisions, including formal action under the Attendance Management policy and procedure.
You may find the following sources of support helpful:
Stillbirth and neonatal loss
You are entitled to maternity leave in accordance with this policy if your child is stillborn after 24 weeks of pregnancy or born alive at any stage of pregnancy but does not survive (neonatal loss). If eligible, you will also be entitled to maternity pay. Eligible partners are also entitled to paternity leave and pay in the case of stillbirth after 24 weeks or neonatal loss. You may also access Parental Bereavement Leave which is up to ten days paid leave and can be taken up to 56 weeks from the death of the child – further details can be found in the Special Leave Policy.
You may find the following sources of support helpful:
- Employee Assistance Programme
- Sands - Stillbirth and neonatal death charity
- Tommy's - Stillbirth information and support
10. Contact during maternity leave
Shortly before your maternity leave starts, your manager will discuss with you the arrangements for covering your work and the opportunities for you to remain in contact, should you wish to do so, during your leave.
In any event, we reserve the right to maintain reasonable contact with you from time to time during your leave, for example to discuss your plans for returning to work, to discuss any training needs before returning or to update you on key developments at work during your absence.
11. Keeping-in-touch (KIT) days
Except during the first two weeks after childbirth (CML), you can agree to work for up to ten days during your maternity leave without that work bringing your period of maternity leave to an end and without loss of a week’s SMP. These are known as keeping-in-touch days. KIT days can be used for any work-related activity, including attending training, conferences and team meetings.
A KIT day should be mutually agreed between you and your line manager. Your manager is not obliged to offer you any days of work during your maternity leave, nor can you insist on working.
Any work done on a day during the maternity leave period will count as a whole KIT day, even if it is for only an hour or so but is payable as per the contractual rate of pay and in accordance with the number of hours worked on that day. If a KIT day occurs within a period of your paid maternity leave, the payment for the KIT day will be offset against any maternity payments (SMP and OMP). Payment for KIT days will be pensionable.
Once all ten KIT days have been used, if you are still being paid SMP and continue to work more than the allowed ten KIT days, you will lose a week’s SMP for any week in which you work for us.
12. Terms and conditions during maternity leave
During maternity leave, all the terms and conditions of your employment except normal pay will continue. Your pay will be replaced with statutory and / or occupational maternity pay if you are eligible for it for the period it is payable. However, other benefits such as holiday entitlement, pension contributions and salary sacrifice schemes will continue as set out below. If you are entitled to any other benefits such as health insurance, etc. these will continue during maternity leave, however please refer to the relevant scheme’s terms and conditions for information about how payments will be dealt with while you are on maternity leave. You will be entitled to keep any work equipment such as laptops and mobile phones while on maternity leave.
If you are contributing to the Local Government Pension Scheme (LGPS) or Teachers’ Pension Scheme (TPS) both you and the university will continue to pay contributions on any paid maternity leave. The employee contributions will be based on the actual maternity payments not the salary you would normally receive. During any unpaid maternity leave pension contributions are not payable by either the employee or the employer. Upon return to work, you have the following options:
- LGPS - to buy back some or all of the gap in pensionable service.
- TPS – to increase your pension.
Your annual leave (including statutory and concessionary days) continues to accrue during your maternity leave. You should discuss arrangements for taking this annual leave with your line manager, however it is good practice to take annual leave that has accrued before the start of your maternity leave period before your maternity leave starts. You should attempt to take all outstanding annual leave within the relevant leave year as normal; however, where this is not possible, the outstanding leave can be carried over to the next leave year. On or before your return to work, you should discuss with your manager a plan for taking this carried-over leave so that it is taken in the next leave year.
Cycle to Work Scheme (salary sacrifice) – If you are in a period of maternity leave where you are receiving nil pay or statutory pay only, we will extend the hire period by the number of months you are not being paid or are receiving SMP. This is so that the salary sacrifice arrangement can continue when you return to normal pay.
Childcare Vouchers (salary sacrifice) – Childcare vouchers cannot be provided during a period of SMP or nil pay. You will need to opt out of the scheme during any such period and rejoin when you return to normal pay. You must rejoin the scheme within 11 months of your last voucher entry and have not joined the Tax-Free Childcare scheme in the meantime. See also the separate pay guidance on the intranet which provides more information about how childcare vouchers might impact your SMP calculations.
13. Pay rises during maternity leave
If you become eligible for a pay rise before the end of your maternity leave (e.g. pay award or grade progression), you will be treated for SMP purposes as if the pay rise had applied throughout the Relevant Period. This means that your SMP will be recalculated and increased retrospectively, or that you may qualify for SMP if you did not previously qualify. You shall be paid a lump sum to make up the difference between any SMP already paid and the amount payable by virtue of the pay rise. Any future SMP payments at the Earnings-Related Rate (if any) will also be increased as necessary. Any OMP will be amended from the date of the pay increase onwards (not retrospectively as in the case of SMP).
14. Returning from maternity leave
You have the right to return to the same job following ordinary maternity leave. If you return to work after a period of additional maternity leave, you are entitled to return either to the same job or, if this is not reasonably practicable, to another suitable job that is on terms and conditions not less favourable.
After the first two weeks of CML, you may return to work at any time during maternity leave, provided that you give the appropriate notification. Alternatively, you may take your full period of maternity leave entitlement and return to work at the end of this period. If you wish to return before the full period of maternity leave has elapsed, you must give at least eight weeks’ notice in writing of the date on which you intend to return. If you do not give enough notice, we may postpone your return date until eight weeks after you gave notice, or to the original expected return date if sooner.
If you are unable to return to work due to sickness or injury, this will be treated as sickness absence and our Attendance Management policy and procedure will apply.
If you wish to request flexible working (e.g., reduced hours) you should refer to the Flexible Working policy found on the intranet.
15. Deciding not to return
If you decide not to return to work after maternity leave you will need to give notice of your resignation as soon as possible and in accordance with the terms of your contract. If the notice period expires after your maternity leave has ended we may require you to return to work for the remainder of the notice period.
If you do not return to work for a period of six months you will normally be required to repay any OMP that has been paid to you. Any time spent on Shared Parental Leave or unpaid leave will not count towards this period. See also OMP section.
16. Related Documentation
You may be eligible to opt into the Shared Parental Leave (SPL) scheme and share up to 50 weeks’ leave and 37 weeks’ pay with an eligible partner which gives you more flexibility to share the leave and pay available in the first year after birth. Your partner should check with their employer if they are eligible.
You would need to give at least eight weeks' written notice to end your maternity leave and opt into SPL. You can give this notice before or after the birth, but you must remain on maternity leave until at least two weeks after birth (CML). You would then be able to share any remaining leave with your partner.
A separate Shared Parental Leave policy and procedure is available on the Policy page of the intranet.
See also: Family-Friendly Hub on the intranet