1. Introduction
As a key part of our business focus on “Workforce Care”, BrisDoc is committed to supporting staff in their family responsibilities. We recognise the valuable contribution of all our staff in achieving business objectives and provide an environment supportive to combining parenthood with a career in the organisation. We are also committed to ensuring equality and diversity across the organisation. In support of this commitment, this document sets out the rights for all pregnant members of staff.
In line with our four focus areas BrisDoc is committed to:
Patient Care
- Ensuring that patient care is not compromised during any periods of maternity leave
Quality Care
- Ensuring we comply with the relevant employment legislation e.g. Equality Act 2010, Employment Rights Act 1996, the Employment Relations Act 1999, the Employment Act 2002 and the Work and Families Act 2006 Ensuring all pregnant and breast-feeding staff are appropriately risk-assessed in line with Health & Safety legislation
Workforce Care
- Supporting all pregnant staff during their pregnancy and making any reasonable adjustments where necessary
- Supporting all breast-feeding staff upon return to work with the necessary facilities
- Ensuring that no discrimination takes place on account of maternity and pregnancy
- Ensuring staff on maternity leave are kept up to date with any changes that may affect their role
- Training all managers in the process of maternity leave
- Considering flexible-working and family-friendly requests in line with the Flexible Working Regulations for all returning mothers
Resource Care
- Ensuring all pregnant and breast-feeding staff have access to the necessary facilities and equipment within the base they work • Ensuring legal compliance with maternity legislation in order to avoid discrimination claims
2. RESPONSIBILITIES
2.1 BrisDoc Directorate
Ensures that the aims and objectives of this policy are in keeping with statutory requirements.
Ensures that these policies are carried out throughout the company and are available for all members of staff
2.2 Employee
To make all requests according to the procedures as outlined in this policy
To understand and not abuse the support offered as outlined in this policy
2.3 Line Manager
To inform the Workforce Department when they are made aware that a member of staff is expecting a baby.
To ensure all procedures are carried out correctly, particularly in relation to health and safety
2.4 Workforce Department
To ensure that all procedures are carried out correctly.
To ensure that the procedures do not become subject to discrimination
To record details of any Special Leave and Keeping in Touch (KIT) Days used.
2.5 Legal Responsibilities
BrisDoc is legally obligated to ensure that the following pieces of Legislation are taken into account when dealing with the procedures outlined in this policy.
Equality Act 2010
Employment Relations Act 1999
Employment Rights Act 1996
BrisDoc will also ensure that all procedures are in line with its Equality and Diversity Policy
3. Maternity Leave and Pay
All pregnant staff are entitled to take 52 weeks statutory maternity leave around the birth of their child. The purpose of maternity leave is to allow you as the mother to give birth, to recover from giving birth, and to have time to bond with and care for your new baby. This document outlines your entitlements and the procedure that should be followed if you wish to take maternity leave and receive maternity pay. This document is applicable to pregnant staff only. For information on shared parental leave, please see the Brisdoc Shared Parental Leave policy.
3.1 The right to maternity leave
All pregnant staff, i.e. those working under a contract of employment with BrisDoc, are entitled to take up to 52 weeks statutory maternity leave (SML) around the birth of their child. This includes surrogate mothers and mothers who have undergone IVF treatment. It does not matter how long the employee has worked for BrisDoc to qualify for this right.
The SML period is made up of 26 weeks ordinary maternity leave (OML) followed immediately by 26 weeks additional maternity leave (AML). SML remains at 52 weeks regardless of the number of children resulting from a single pregnancy.
It is compulsory that you take a minimum of two weeks leave after the birth of your child.
Locum Reimbursement for Practices
When a salaried GP or GP Partner is absent from the practice due to a period of parental leave (Maternity/Paternity/ Adoption) the practice is eligible to receive funding towards the cost of cover for that GP. For the purposes of this the GP must be on leave for longer than one week and must be entitled to that leave either under statue, their contract of employment (in the case of salaried GPs,) or the partnership agreement or other agreement between the partnership (for GP partners). Cover for the absent GP can be provided by either an external locum or another GP already employed within the Practice.
3.2 IVF Treatment and leave
If you undergo IVF treatment, you may be granted “Special Leave”. Please refer to BrisDoc’s Family-friendly and Flexible Working Policy for further details of Special Leave. If the treatment is successful (i.e. from the point of implantation), this Maternity Policy will apply.
3.3 Notification and confirmation of maternity leave
To qualify for maternity leave, you should notify your line manager, in writing, no later than the end of the 15th week before the expected week of childbirth (EWC) and complete Appendix 3 with the following information:
- The fact that you are pregnant
- The expected date of your baby’s birth – this is given on the MATB1 form that you receive from your registered doctor or midwife to confirm that you are pregnant
- The intended start date of your maternity leave – this cannot be earlier than the beginning of the 11th week before the EWC, (see section 3.5).
It is important that you discuss your pregnancy with your manager as soon as possible so that any potential Health & Safety risks can be identified and any resource implications considered. You will receive written confirmation of these details from the Workforce Team within 14 days of them receiving notification (see Appendix 4). The Workforce Department will also inform you of the date on which your leave will end. This is normally 52 weeks from the intended start date of your maternity leave.
The Workforce Department will also inform you whether you qualify for Occupational Maternity Pay (OMP) and/or Statutory Maternity Pay (SMP); if you do, you will be told how much you will receive and when; if you do not qualify for either OMP or SMP, your MATB1 form will be returned to you and you will be given an SMP1 form which you can complete in order to apply for Maternity Allowance – see Appendix 7.
If you wish to change the start date of your maternity leave, you must give at least 8 weeks’ notice before the date to be changed or 8 weeks before the new date, whichever is sooner. If it is not reasonably practicable for you to give this much notice, BrisDoc expects as much notice as possible.
3.4. Antenatal classes
You are entitled to take time off, with pay, to receive antenatal care, provided the appointment has been made and the time off has been requested in advance. Examples of antenatal care include relaxation and parent craft classes as well as antenatal appointments. You must produce evidence that the appointment is advised by a medical practitioner or health visitor.
3.5. Uniform
If you are required to wear a uniform as part of your job, arrangements will be made for suitable clothing. This should be discussed in the first instance with your line manager.
3.6 Health & Safety prior to maternity leave
3.6.1 Risk Assessment
During pregnancy, BrisDoc will carry out a Risk Assessment (Appendix 6) to ensure that you are not exposed to unsafe work environments, substances or tasks while you are pregnant, that could harm you or your child. If appropriate, BrisDoc reserves the right to consider the following options:
- Change your duties or conditions to remove you from the risk. This may include, for example, adjusting or reducing the hours or level of work. If this is not possible consideration will be given to:
- Transferring you to another job during the remaining period of your pregnancy. If this is not possible, consideration will be given to:
- Suspending you from work on full pay, until commencement of your maternity leave. Your pay would not be affected by any of the above options.
3.6.2 Night Work
If you are a night-worker and the risk assessment, or a GP medical certificate, reveals that night work may not be safe, BrisDoc will seek advice from GP/Occupational Health to identify necessary changes. If making overnight work safe is not possible then alternative daytime work will be considered
3.7 Commencement of Maternity Leave
3.7.1 When can maternity leave begin?
You can choose to begin your statutory maternity leave (SML) any time from 11 weeks before your expected week of childbirth (EWC) up until the birth itself. This should be discussed with your line manager at the earliest convenience. The starting date of your maternity leave is your decision unless you have a pregnancy related illness after the 4th week before the baby is due (see below). If you wish to change the start date of your maternity leave, you must give at least 8 weeks’ notice before the date to be changed or 8 weeks before the new date, whichever is sooner. If it is not reasonably practicable to give this much notice, BrisDoc expects you to give as much notice as possible.
3.7.2 What happens if an employee falls ill before she is due to start her maternity leave?
If you are absent from work due to pregnancy related illness during the last 4 weeks before your expected week of childbirth, your maternity leave will start, and you will receive your maternity pay, the day after the first day of your pregnancy related absence. Odd days of pregnancy related illness during this period may be disregarded if you wish to continue working until your original maternity leave start date. If you are absent due to an illness unrelated to your pregnancy, then normal sick leave provisions apply until your maternity leave begins (see BrisDoc’s Sickness Absence Policy). Any pregnancy related illness prior to the last four weeks before the expected date of childbirth should be notified and managed in accordance with BrisDoc’s Sickness Absence Policy.
3.7.3 What happens if the baby is born early?
If the baby is born prior to the notified leave date, maternity leave will commence the day after the actual date of birth. You must notify your line manager as soon as is reasonably practicable of the actual birth date of your baby.
3.7.4 What if there is a stillbirth, miscarriage or abortion?
In the unfortunate event that you give birth to a stillborn baby, you are entitled to retain your original maternity leave and pay entitlements if the birth happens after 24 weeks of pregnancy.
If the stillbirth occurs before the end of the 24th week of pregnancy, your absence will be recorded as sick leave, unless you wish to apply for compassionate leave (see BrisDoc’s Family-friendly and Flexible Working policy).
If the baby is born alive at any point in the pregnancy, but then later dies, you are still entitled to maternity leave.
If you have a miscarriage or abortion before your 24th week of pregnancy, then normal sick leave provisions apply – see BrisDoc’s Sickness Absence Policy.
3.8 Terms and conditions during maternity leave
Your contract of employment continues throughout both OML and AML. You are entitled to benefit from all your contractual terms and conditions – except wages or salary – throughout your entire maternity leave period i.e. both OML and AML, for example, holiday entitlement etc
3.8.1 Continuity of service
Both OML and AML count towards your period of continuous employment for the purposes of entitlement to other statutory employment rights e.g. the right to a redundancy payment.
3.8.2 Accruing annual leave during maternity leave
If you are returning to work, you will continue to accrue annual leave whilst you are on both paid and unpaid maternity leave. If you are not returning to work, your annual leave will still accrue throughout your paid and unpaid maternity leave unless you inform BrisDoc that you wish to terminate your contract earlier. Following your unpaid leave, your contract of employment will terminate and you will be paid any outstanding annual leave.
You must discuss your annual leave entitlement fully with your manager before your maternity leave commences.
Where your maternity leave crosses in to a new annual leave year, you are entitled to carry over all the annual leave entitlement, which you have accrued whilst on maternity leave. Upon returning to work you may either use the annual leave as time off or sell the days (or a proportion of) back to BrisDoc. If you choose to take the days as time off, you must use them within 15 months of returning to work. As with all requests for annual leave, this must be agreed in advance with your line manager who has the right to refuse if the request has a detrimental effect on service delivery i.e. if too many other people are also off at the same time. In the event that your request is refused BrisDoc will ensure that another time is made available within the 15-month period.
3.8.3 Pay increases during maternity leave
Whilst on maternity leave, you are entitled to benefit from any general improvements to your rate of pay, or other terms and conditions, as if you hadn’t been away. If a pay rise is awarded during your SMP period, the SMP will be recalculated based on the new pay rate.
3.8.4 Contributions to the NHS Pension Scheme
If you are a member of the NHS Pension Scheme, you can continue with your pension contributions throughout your maternity leave. Please note there are differences between whether you are intending to return to work or not. For more information, please refer to Appendix 8.
If you wish to remain in the pension scheme, absence on paid or unpaid maternity leave is pensionable if you are returning to work. During paid maternity leave, contributions will be based on the amount of pensionable pay received. If you go on to nil pay then the contributions will be based on the amount you were receiving immediately before nil pay commenced. However, as pension deductions cannot be made during the unpaid period of maternity leave, arrears of contributions can accrue. These arrears can be deducted on your return to work as agreed on your Maternity Leave Application Form (see Appendix 3). These repayments will normally be deducted over a period not exceeding the length of time you were on unpaid leave. If, on your return to work, you do not wish to continue paying pension contributions, then in normal circumstances no arrears will be requested and the first maternity payday will be treated as a last pensionable day.
(If you do not qualify for Statutory Maternity Pay (SMP) but do qualify for Maternity Allowance (MA), for the purpose of pension contributions, the period of the MA will be regarded as “unpaid leave” until you return to work.)
3.9 Contact and work during maternity leave
During maternity leave BrisDoc may contact you to make sure that you are made aware of all information that you would be aware of if you were working. Contact may be made via telephone, e-mail, and letter or via a meeting in your place of work. Prior to your maternity leave your line manager will discuss the method and frequency of contact with you.
3.9.1 Keeping in touch (KIT) days
You may do up to 10 days work under your contract of employment during your maternity leave period without it affecting your maternity leave or pay. Any amount of work done on a KIT Day counts as one KIT Day. Therefore, if you come in for a one-hour training session and do no other work that day, you will still have used up one of your KIT days.
You cannot take a KIT Day during compulsory maternity leave.
A KIT Day can consist of:
- normal day-to-day work
- attending a training session
- attending a staff/team meeting
It must be stressed that you can only work a KIT Day if you want to and your line manager agrees to it. You are not obliged to work or attend any work events during your maternity leave. If you are requested to work or attend work during your maternity leave and you refuse this will not be used against you at all. BrisDoc will not insist that an employee works a KIT Day nor can an employee insist she works a KIT Day without their line manager’s prior approval.
KIT days may be used to ease you back to work, if you think this is appropriate and arrange it with your line manager.
If BrisDoc is not your only job, you are entitled to a maximum of 10 KIT days from each employer.
3.9.2 Payment for KIT days
You will receive your normal contracted rate of pay for the hours you work (inclusive of SMP) for any week in which you work KIT days. If you do more than 10 KIT days in your SMP period, you are not entitled to receive SMP for any week in which you have worked any additional days. (If you do not qualify for SMP but receive Maternity Allowance, payment of KIT days will be at your normal hourly rate).
3.10 Occupational Maternity Pay (OMP)
Occupational Maternity Pay (OMP) applies only to staff who are employed on a “regular hours” contract, i.e. it does not apply to staff that have a bank contract / casual workers agreement.
- To qualify to receive OMP, the following criterion applies:
- You must have been employed by BrisDoc continuously (or had continuous employment which has subsequently transferred under TUPE to BrisDoc) for at least 52 weeks at the 11th week before the EWC. (Part weeks count as full weeks).
- You must remain employed by BrisDoc up to the commencement of maternity leave.
- You must have average earnings in BrisDoc equal to or above the lower earnings limit for National Insurance contributions in the 8 weeks before the 15th week before the EWC.
3.10.1 How much OMP can an employee receive?
BrisDoc requires you to return to work for a minimum period of 12 months before the OMP allowance will become payable again e.g. for a second pregnancy.
3.11 Statutory Maternity Pay (SMP)
SMP is paid for 39 weeks. It will usually cover the first 39 weeks of maternity leave. It is payable when you are not at work because of your pregnancy or because you have given birth.
To qualify to receive SMP, you must adhere to all of the following:
- Must have been employed by BrisDoc continuously (or had continuous employment which has subsequently transferred under TUPE to BrisDoc) for at least 26 weeks into the 15th week before the EWC. (Part weeks count as full weeks).
- Must have been employed by BrisDoc into the qualifying week, which is the 15th week before the expected week of childbirth.
- Must have average earnings in BrisDoc equal to or above the lower earnings limit for National Insurance contributions in the 8 weeks before the 15th week before the EWC.
You are entitled to SMP even if you do not intend to return to work. If you have more than one employer, you can claim SMP from both employers
3.11.1 When does SMP start?
The earliest date that SMP can start is from the 11th week before the EWC and the latest that SMP will start is the day after you have given birth.
3.11.2 Changes that will affect the start of SMP
The start of SMP will change if:
- The baby is born before the start of the 11th week or before the start of the SMP pay period. If this happens, SMP will start from the day following the birth of the baby;
- You are off sick from work with a pregnancy-related illness at the start of or in the 4 weeks before the EWC. SMP will therefore start from the day following the first complete day that you are off sick.
3.11.3 If the employee is entitled to SMP and she leaves her employment:
After the start of the 15th week before the EWC but before the start of the 11th week – SMP will start from the beginning of the 11th week before the EWC.
At any time after the start of the 11th week before the EWC and before the start of the maternity pay period – SMP will start from the day after she left employment.
3.11.4 How much SMP can an employee receive?
The first 6 weeks of SMP is paid at 90% of average weekly earnings with no maximum limit
The remaining 33 weeks leave is paid at the lower statutory level or 90% of the average weekly earnings if this is less than the lower statutory level.
NB: SMP is subject to the provisions of National Insurance and Income Tax.
3.11.5 When and how will SMP be paid?
SMP is paid at the same time and in the same way as your normal wages – 22nd of each month into your bank account.
3.11.6 How is SMP calculated?
BrisDoc will look at your gross earnings paid in the 8-week period up to and including the 15th week before the EWC and calculate your average weekly earnings (AWE), based on this period.
Under the Statutory Maternity Pay (General) (Amendment) Regulations 2005, if BrisDoc awards you a pay rise which is effective at any time from the start of the set period used to work out your SMP and the end of your maternity leave (whether this be OML or AML), your SMP will be re-calculated and any balance owed will be paid to you.
3.11.7 How long is SMP paid for?
SMP is paid for a continuous period of up to 39 weeks.
3.11.8 What if an employee does not qualify for SMP?
If you do not qualify for SMP you may still be entitled to Maternity Allowance (MA). MA is based on your recent employment and earnings record and is a state benefit which is payable for 39 weeks – see Appendix 7.
3.11.9 If an employee works for BrisDoc during their SMP period
SMP cannot be paid for any week when you are working for BrisDoc if you have taken 10 KIT days within the SMP period. If you return to work, but then for any reason stop work whilst still in your SMP period, SMP payments will resume.
3.11.10 Bank/Casual workers and SMP
If you are engaged on a bank contract/casual workers agreement with BrisDoc prior to taking maternity leave then the statutory maternity leave pay provisions will apply if the worker meets all necessary qualifying conditions.
3.11.11 Maternity Leave/Pay whilst on a fixed term contract
The ‘Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2008’, prevents fixed term employees being treated less favourably than similar permanent employees. Therefore, there are no differences with regard to maternity leave whilst on a fixed term contract as to a permanent employee, provided the same requirements are met. Similarly, there are no differences in terms of entitlements to receiving Statutory Maternity Pay, see above.
If your contract ends whilst you are on maternity leave, your contract will be extended to allow you to receive the 39 weeks’ paid SMP.
You will be informed that your contract is coming to an end and treated the same as though you were at work by being made aware of alternative vacancies, for which you may wish to apply.
3.12 Returning to work
Unless you have notified BrisDoc otherwise, the date on which you will be expected to return to work is the first working day 52 weeks after your maternity leave began. You are entitled to return to the same job that you had before going on maternity leave.
3.12.1 Compulsory maternity leave
You cannot return to work within 2 weeks of the birth of her child.
3.12.2 When should the pregnant employee state her intention to return to work?
You will be asked on the Maternity Leave Application Form (see Appendix 3) whether you intend to return to work or not. Once you have submitted your form, the Workforce Team will write to you within 14 days to confirm the return-to-work date and entitlement to maternity leave.
If you want to return to work before this agreed date, you must give your manager 8 weeks’ notice of the date you want to return to work.
For example, if you were due to return to work after 52 weeks’ of maternity leave on 1st August, but then decided to return to work after 39 weeks of leave on 9 May, you would need to give BrisDoc 8 weeks’ notice of the new date, i.e. by 14th March.
If you wish to return to work after the planned return date, you should give your manager notice of this new date of return at least 8 weeks before the original planned return date.
For example, if you originally notify BrisDoc that you plan to return to work at the end of your OML (i.e. after 26 weeks) on 1st October but while on maternity leave, decide that you wish to take your full entitlement of 52 weeks, you must notify BrisDoc 8 weeks before the 1st October i.e. by 6th August.
3.12.3 What if you decide that you do not want to return to work?
If you decide not to return to work, the terms and conditions of employment apply, such that written notice is required. We ask that you inform us of your notice in good time to avoid the need for you to return to work in order to serve out your contractual notice period. During such a period, SMP and OMP (if eligible) continue to be paid, unless alternative employment has commenced. Any accrued holiday leave will be offset against the contractual notice period or paid in lieu in the final salary payment. If you were eligible to receive OMP, and decide not to return to BrisDoc, you will not need to reimburse BrisDoc.
3.12.4 Can you return to work on reduced hours?
Under provisions set out in the Employment Rights Act 1996 and regulations made under it, all employees have a statutory right to ask their employer for a change to their contractual terms and conditions of employment to work flexibly provided they meet the following eligibility criteria:
- they have worked for their employer for 26 weeks continuously at the date the application is made;
- they have not made an additional statutory request in the preceding 12-month period – the legislation states individuals can only make one statutory request in any 12-month period.
The request must be made in writing to your line manager and can be given before or during maternity leave, or once you have returned to work. You have the right to return to your post under your original contract and on no less favourable terms and conditions. BrisDoc managers will consider a request to return to work on reduced hours which will be assessed against the needs of the service.
Please refer to BrisDoc’s Family-friendly and Flexible Working policy for more information.
3.12.5 What if you are ill at the end of your maternity leave?
If you are ill on the date you have agreed to return to work following childbirth and you submit a medical certificate from a registered Medical Practitioner, you will be entitled to sick leave in accordance with normal sick leave provisions.
You must keep your manager informed of any illness or unforeseen change in circumstances that may affect your anticipated date of return. BrisDoc may also request a Medical Report from a GP of its choice and or Occupational Health to seek guidance on your fitness to carry out your normal duties.
3.12.6 What if you are pregnant again before returning to work?
The period of maternity leave (both OML and AML) counts towards continuous service and therefore you must notify your manager of your new pregnancy to be entitled to a further period of OML and AML. You may also qualify for Statutory Maternity Pay (SMP) as long as you meet the normal conditions. You must follow the stages of this maternity policy in terms of notifying BrisDoc of your pregnancy.
APPENDIX 1: GLOSSARY OF TERMS
APPENDIX 2: TIMETABLE FOR MATERNITY LEAVE
APPENDIX 3: NOTIFICATION OF MATERNITY LEAVE
To be completed no later than the end of the 15th week before the EWC
SECTION A: To be completed by ALL pregnant employees
APPENDIX 4: EXAMPLE OF A MATERNITY LEAVE ACKNOWLEDGEMENT LETTER
APPENDIX 5: HEALTH & SAFETY
The EC Pregnant Workers Directive + amendment to Management of Health & Safety at Work Regulations 1999
The above EC Directive 92/85/EEC has been implemented in the UK by the Management of Health & Safety at Work Regulations to ensure that the health and safety of pregnant women at work, those who have recently given birth and those who are breast-feeding are adequately protected in the workplace.
Under the Directive, the 3 categories as mentioned above have been defined as follows:
Pregnant Worker “A pregnant worker who informs her employer of her condition, in accordance with national legislation and/or national practice.”
Worker who has recently given birth (within the previous 6 months) “A worker who has recently given birth within the meaning of national legislation and/or national practice and who informs her employer of her condition, in accordance with that legislation and/or practice”. “Given birth” is defined as ‘delivered a living child or, after 24 weeks of pregnancy, a stillborn child’.
Worker who is breast-feeding “A worker who is breast-feeding within the meaning of national legislation and/or national practice and who informs her employer of her condition, in accordance with that legislation and/or practice.”
Therefore, to fall within the provisions of the Directive, the employee must actually have informed BrisDoc that she is either pregnant, has recently given birth or is breast-feeding.
Once she has informed BrisDoc of the above, BrisDoc is required to take the measures detailed in the Directive in order to safeguard her health and safety.
The measures to be taken are as follows:
Risk Assessment (Article 4)
BrisDoc is obliged to carry out an assessment of the pregnant employee’s working conditions in order to ascertain whether there is any potential risk to her health and safety which may affect her pregnancy; this builds on the existing assessment undertaken to fulfil the obligations placed on the organisation by the Management of Health and Safety Regulations 1992.
BrisDoc is obliged to assess the physical, biological and chemical hazards in her workplace which may create potential risks – see Appendix 6.
The actual risk to her depends on the “nature, degree and duration of the exposure” in each case. Therefore, each case will be looked upon on its own merits.
Once the assessment has taken place, appropriate measures in response to the results of the assessment must be decided. The results and measures which are decided will be communicated to the pregnant employee.
Assessment will take place in respect of “all activities liable to involve a specific risk of exposure to the agents, processes of working conditions.” Annex I of the Directive provides a non-exhaustive list of the “agents, processes and working conditions” referred to above and these are detailed below:
Physical Agents Those agents which are regarded as agents causing foetal lesions and/or likely to disrupt placental attachment, particularly shocks, vibration or movement; the handling of loads entailing risks; noise; ionising radiation; non-ionising radiation; extremes of cold or heat; movements and postures, travelling and mental and physical fatigue and other physical burdens.
Biological Agents
Agents of risks groups 2, 3 and 4 within the meaning of Article 2(d) nos. 2, 3 and 4 of Directive 90/679/EEC insofar as it is known that the agents or the therapeutic measures necessitated by the agents endanger the health of pregnant women and the foetus.
Chemical Agents
Substances labelled R40, R45, R46 and R47 under Directive 67/548/EEC; chemical agents in Annex I to Directive 90/394/EEC; mercury and mercury derivatives; antimitotic drugs; carbon monoxide; chemical agents of known and dangerous percutaneous absorption insofar as the above are known to endanger the health of pregnant women and the unborn child.
If a risk is identified, BrisDoc will consider one of the following options:
Change the employee’s working duties or conditions – that is, remove her from the risk. This may include, for example, adjusting the hours of work or reducing the level of work. If this is not possible, then consideration needs to be given to:
Transferring the member of staff to another job during the remaining period of her pregnancy. If this is not possible then consideration has to be given to:
Suspending the employee from work on full pay, until commencement of her maternity leave.
Specific Risks (Article 6)
In addition to the list of agents, processes and working conditions outlined above, Annex II of the Directive provides a non-exhaustive list of “specific risks” which are harmful to 2 of the categories of relevant workers outlined earlier: namely, the pregnant worker and the breast-feeding worker. If an employee is either pregnant or breast feeding, she should not be exposed to the following risks:
Pregnant Workers
Physical Agents Work in hyperbaric atmosphere, for example, pressurised enclosures.
Biological Agents Toxoplasma, rubella virus (unless the pregnant worker is proved to be adequately immunised).
Chemical Agents Lead and lead derivatives capable of being absorbed by the human organism.
Breast feeding Workers
Chemical Agents Lead and lead derivatives capable of being absorbed by the human organism.
Night Work (Article 7)
Pregnant employees are not obliged to perform night work during their pregnancy and for a certain period of time after the birth (to be determined by the national authority competent for health and safety, The Health and Safety Executive). However, this obligation is only effective if they submit a medical certificate stating that night work should not be undertaken for health and safety reasons. If such a medical certificate is submitted, BrisDoc will seek advice from GP/Occupational Health to identify necessary changes. If making overnight work safe is not possible, then alternative daytime work will be considered.
Display Screen Equipment
Although there has been much debate about the effect visual display units (VDUs) have on women and their reproductive health, the guidance on the Health and Safety (Display Screen Equipment) Regulations states that, as a whole, the scientific studies which have been carried out in this area, do “not show any link between miscarriages or birth defects and working with VDUs”. However, if the employee is concerned or anxious about the situation, she should consult her GP for further advice and guidance. Further research and reviews of current scientific evidence is being undertaken in this area.
APPENDIX 6: RISK ASSESSMENT FOR EXPECTANT MOTHERS, NEW MOTHERS AND BREAST-FEEDING MOTHERS
APPENDIX 7: MATERNITY ALLOWANCE
Maternity allowance (MA) is a state benefit available to women that don’t qualify for Statutory Maternity Pay (SMP), which is payable for 39 weeks. MA is based on an employee’s recent employment and earnings record. If an employee does not qualify for SMP BrisDoc will issue them with form SMP1 stating the reason why it cannot pay her SMP. The employee needs the form MA1 to support their claim for MA.
For more information on MA, please refer to:
https://www.gov.uk/maternity-allowance/what-youll-get
Employees can download a maternity allowance claim form (pdf document) from the Department for Work and Pensions (DWP) website https://www.gov.uk/government/publications/maternity-allowance-claim-form or contact the HR Dept.
APPENDIX 8: NHS PENSION
9. Table
10. Change Register
The following changes have been made between the November 2013 (v3) Maternity Leave Policy and the December 2015 (v4) Maternity Leave Policy.
| Section | Revision details |
| 1 | Added the 4 focus areas, relevant to the Maternity Policy |
| 2 | Added this section |
| 3.5.2 | Removed text stating need to be managed as other sickness |
| 3.6 | Updated the section on accruing annual leave and holiday carry over during maternity leave to ensure compliance with maternity rights |
| 3.8 & 3.9 | Deleted the actual lower earnings limit for National Insurance contributions as the amount varies each year. |
| 3.9.10 | Amended to reflect that SMP may be payable |
| 3.10 | Added the following sentences (in bold) under the relevant headings (the second point is updated in line with legislation):
• What if you decide that you do not want to return to work? If you were eligible to receive OMP, and decide not to return to BrisDoc, you will not need to reimburse BrisDoc. • Can you return to work on reduced hours? Under provisions set out in the Employment Rights Act 1996 and regulations made under it, all employees have a statutory right to ask their employer for a change to their contractual terms and conditions of employment to work flexibly provided they meet the following eligibility criteria: • they have worked for their employer for 26 weeks continuously at the date the application is made; • they have not made an additional statutory request in the preceding 12-month period – the legislation states individuals can only make one statutory request in any 12-month period |
| Appendix 3 | Updated to give a third option around contributing into pension during period of unpaid maternity leave – NHS Pensions states it is up to the individual whether they want to contribute during the unpaid period or not. |
| Appendix 7 | Deleted the eligibility criteria for Maternity Allowance and instead replaced it with the website link for more information. |
| Appendix 8 | Updated in line with Sept 2015 guidance |
| Related Policies | Added ‘Shared Parental Leave Policy’ |
| 28th February 2024 | Amended Mike Duncan Job title to director. |
The following changes have been made in February 2020
RELATED POLICIES:
- Family-friendly and Flexible Working Policy
- Sickness Absence Policy
- Annual Leave Guidelines
- Paternity Leave Policy and Procedure
- Adoption Leave Policy and Procedure
- Shared Parental Leave Policy