This page provides information about maternity leave, paternity leave and maternity pay. If you are off sick for a pregnancy-related reason or on health and safety suspension or you have been furloughed because you cannot work during pregnancy, your employer can start your maternity leave automatically from 4 weeks before your expected week of childbirth. Statutory maternity pay can last 39 weeks, but it will end sooner if you go back to work before then. Have you been charged for NHS maternity care in England? Nhs - not returning to work after maternity (10 Posts) Add message | Report. If you continue to use this site we will assume that you are happy with it. These are statutory (legal) rights that are provided on health and safety grounds. If you do not return … Hi, Does anyone know anyone who has paid back their NHS maternity pay instead of returning to work for the 3 months. You can also make a flexible work application if you need to reduce your days/hours of work. If other staff are working reduced hours under flexible furlough you must be treated in the same way once your maternity leave ends as you are back at work and you are entitled to be paid in the same way as your colleagues. This might, for example, include allowing an individual to take contractual paid leave in lieu of the weeks of family-related leave and pay that the employee gave up to support the NHS during the pandemic, at a later date. no. PLEASE TICK. This will be more than Statutory Maternity Pay. My work are short-staffed as a result of coronavirus. (For office enquiries only, we cannot respond to advice requests from this email address. Office telephone: 020 7253 2288 Working during pregnancy: returning to work; Working during pregnancy: maternity leave, paternity leave and maternity pay. If you want to return to work part-time or ask for other changes to your days, hours or place of work after maternity leave you can make a request for flexible work and your employer should consider it in the normal way. 2. Can my employer make me start my maternity leave early? If your workplace has closed and all staff are on furlough, you can remain on furlough until the date you have chosen to start your maternity leave/pay. The guidance has been developed by the RCOG Trainees’ Committee but is also relevant post-CCT. This new rule will apply both to retired staff returning to the NHS and those who have already returned to work. Requesting flexible working This means you can take non-pregnancy-related sick leave up to the date you have chosen to start your maternity leave. NHS Employers offers NHS organisations a comprehensive range of events, seminars and conferences to share best practice, get informed and network with colleagues. If it is not reasonably practicable for you to return to the same job, your employer can offer you a suitable alternative job on very similar terms and conditions. However, when you gave notice to take maternity leave and pay, if your employer did not notify you of the date your maternity leave would end within 28 days, your employer cannot insist that you give 8 weeks’ notice to return to work early. I work in the NHS and am aware I am entitle to the following Maternity Leave Pay: 8 weeks full pay 18 weeks half pay +SMP Then the remained to 39wks just SMP The form I have completed at work re my intention to take maternity leave states I must return to work for a minimum of 3 months otherwise I may have to pay back my maternity pay. 9. If you only want a temporary change to enable you to continue breastfeeding you should discuss this with your employer. You should give notice in writing e.g. 1128776. Otherwise you are entitled to start your maternity leave on the date given in your notice for maternity leave and pay. Remember that holiday pay and Statutory Maternity Pay (but not Maternity Allowance) are treated as earnings when working out how much Statutory Maternity Pay or Maternity Allowance you could claim. Here’s our guide to paying back maternity if you do not return to work. You need to bear in mind that you cannot insist on being placed on furlough as your employer may have work for you to do and, if you end your maternity leave early, once the furlough scheme ends and businesses return to normal you will be expected to return to work immediately. If you are not able to give 28 days’ notice you should give notice as soon as you reasonably can. For more information on your rights during maternity leave and return to work, see this. 8. I also included other elements that I would have found beneficial when I was pregnant and returning to work, including: leave entitlements, maternity pay, financial advice, appraisal and revalidation, wellbeing, perinatal mental health and flexible working options. ENTITLEMENT. You can only take shared parental leave/pay up to a year from your baby’s birth. They have informed me that I will get maternity pay for both jobs for up to 52 weeks. Maternity Allowance is paid to pregnant women who do not get Statutory Maternity Pay - rate, eligibility, apply, form MA1 . You are entitled to be paid for keeping in touch (KIT) days during your maternity leave but there are no regulations on how much you should be paid for working KIT days so it’s important to agree this with your employer. Should employees wish to work more than this, ordinarily it would end their statutory and contractual family-related leave and pay entitlements. Part of your statutory maternity pay is based on your average pay. In general, you have the right to return to the same job on the same terms and conditions after your maternity leave. REF NO. For more information see this. Occupational pay will be made up of: Do you have to pay back the maternity pay you received? Section 15 of the NHS handbook states that to claim NHS contractual maternity pay you must intend to return to work with the same or another NHS employer for a minimum period of three months after your maternity leave has ended. The appropriateness of putting such arrangements in place should be carefully considered on a case-by-case basis, with risk assessments where necessary, and only where an NHS employer and the individual employee consent, and should not be forced on individual employees. For more information on working during maternity leave, click here. If you did not use up all your maternity leave and pay you may be able to take any untaken leave/pay as shared parental leave but you need to check eligibility carefully as it is very complex. If they retired from the 1995 NHS Pension Scheme, they will no longer be limited to having to work 16 hours a week in the first four weeks after retirement. Staff on shared parental leave can work up to 20 shared parental leave in touch (SPLiT) days without ending their shared parental leave. 10. I am not due to return to work until January 2010, but the private health company have asked if I can cover some weekend work over the next month. If you have taken all your maternity leave/pay and you need to take more leave, you could give notice to take Parental Leave (this is different from shared parental leave). You have employment rights and responsibilities when you go back to work. Am I entitled to be paid? If the employee is doing lighter duties, it's up to the employer and employee to agree on a … NHS maternity care – refusals and delays due to charging, EEA and Swiss nationals and family members, Indefinite leave to remain, right of abode and British citizenship, A Toolkit for Campaigning against NHS Charges for Pregnant Migrant Women, Guidance on improving access to maternity care for women affected by charging, End unfair redundancies for pregnant women and new mothers, Responses to consultations and submissions. Is it possible to go back to job 2 & lose the maternity pay for job 2 without it affecting the maternity pay I receive for my full-time job. The rights and special protections that apply to women on maternity leave and to parents on other types of family-related leave will not apply to periods of contractual leave taken in lieu of any weeks of maternity, adoption and shared parental leave that an employee gives up when they end their leave early. Get advice on applying for a new job, making a career change, or getting ready for interview. Don't lose out on your maternity pay if your wages vary. You can see guidance on coronavirus and breastfeeding here: https://www.rcog.org.uk/en/guidelines-research-services/guidelines/coronavirus-pregnancy/covid-19-virus-infection-and-pregnancy/, Second Floor, 3-4 Wells Terrace, London N4 3JU, To get free advice please click here 13 Weeks Statutory Maternity Pay (£151.20) 13 Weeks Unpaid Do I qualify for NHS Occupational Maternity Pay? I intend to take 39 weeks off, but would like to return to job 2 asap. Find out more about returning to work after Statutory Maternity Leave. If agreed, this would usually be a permanent change to your contract so you will need to ask your employer to agree to a temporary change during the coronavirus pandemic. Bottom . In 2018, SSLMCs held the first maternity coaching workshop. Can they force me to cancel my annual leave and return to work early? As you have already passed the 15th week before your baby is due and your employer has confirmed that you qualify for SMP, going onto furlough will not affect your maternity leave and pay. I am on maternity leave and getting £151.20 per week but my colleagues are all off work on furlough and being paid 80% of their normal pay without having to work. You can only take shared parental leave/pay up to a year from your baby’s birth. Can my employer put me on furlough before then and, if they do, will it stop me getting SMP? Your employer must give twice as many days’ notice as the amount of leave they want you to take e.g. If your employer has placed other staff on furlough, you are entitled to be furloughed as well. We use cookies to give you the best experience on our website. For more information on KIT days see our information sheet.Go back to list of questions. have already given my employer notice of when I want to start my maternity leave, can I give notice to change the start date? For example, if your contract says you have to give one month’s notice you should give notice of your resignation at least a month before the end of your maternity leave. This factsheet defines Special Class eligibility. This includes pregnancy-related sick leave, suspension on full pay on health and safety grounds or you have been put on furlough because you are unable to work because of pregnancy. Read more about NHS maternity pay and the calculation of NHS 'full pay' here. You have a right to return to work after your maternity leave. Our calculator makes the following assumptions: You have been continuously employed by the NHS for at least 9 months by your expected due date ; You intend to return to work in the NHS for a minimum of 3 months ; You are eligible for Statutory Maternity Pay which you can check using our … I consider that the employee will be eligible for the Maternity Pay/Leave entitlement(s) indicated below in accordance with the maternity leave policy and SMP Regulations. Make sure you know what these are and what to do if you have any problems or you are denied your rights. If staff want to return to a more junior role than the role they retired from, they should be paid the top of the pay scale in the more junior role. I am a band 5 staff nurse and had my part time working request turned down- am now wondering how much I would actually have to pay back and would it be cheaper than 2 lots of child care fees! In all other circumstances it is up to you to decide when you want to start your leave. If you do not return to work after maternity leave, you will not have to pay this back. Your employer can still offer KIT days during the pandemic if they have work for you to do or it would be helpful for you to have phone meetings with colleagues. Risk Assessment on Return from Maternity Leave 23. Help: not returning to NHS and not repaying occupational maternity pay? I knew this and expected to go back but things have changed dramatically for us as a family so I’m not worried about what I’d do. I have booked to take annual leave before my maternity leave. Special Class status can be held by nurses, midwives, physiotherapists and mental health officers. Username. 11-12-2020. if you earnt an extra £5,000 on enhanced pay you would still be 'up' even paying out for childcare for 3 months afterwards and then leaving anyway IYKWIM? If you have booked to take annual leave before your maternity leave, you can continue to take your annual leave and you must be paid in full as annual leave is a statutory (legal) right. Return to work. Returning to work after Statutory Maternity Leave. There has been no additional maternity leave or pay provided. The basis of the law for mat… Do I have to use my annual leave? Statutory maternity pay Read our guidance on the rules surrounding maternity pay and details of the allowances available. by email if your employer asks you to and it’s a good idea to confirm what has been agreed in writing to avoid any confusion. My maternity leave ends in December. A week before I was due back to work (I.e this week) my new manager informed me my hours would be changing and I would now be working during the week. Louise H(1418) Keyword: Username: Filter: Page: 1. Improving performance by improving staff wellbeing, Mental wellbeing in the workplace infographic. Tell us whether you accept cookies. For more information on what you will be paid on furlough after maternity leave, see FAQs on furlough here. 6. Read our guidance on maternity leave entitlements for doctors across the UK working under the NHS scheme. 6478568 No, unfortunately KIT days are by agreement between employer and employee. The mobilisation effort means that staff will be working in a range of settings, not necessarily returning to their old employer. The answer to this depends on which type of maternity pay you receive. Yes, you can change the start date of your maternity leave and pay providing you give at least 28 days before both the original date and the new date. Statutory Maternity Pay (SMP) is calculated on the amount of average weekly earnings during the 8 week period, fifteen weeks prior to the expected date of confinement (weeks 17 to 25 of pregnancy). CovidAdvice@nhsemployers.org. FAQs: Covid-19 – rights and benefits during pregnancy and maternity leave, Resigning during pregnancy and maternity leave, Pregnant during maternity leave (expecting again), Miscarriage, stillbirth and neonatal death, Redundancy during pregnancy, maternity and parental leave, Asking to change your working hours or go part-time, Adoption leave and pay – rights for parents, Health and safety, sickness and breastfeeding, Health and safety during pregnancy/on return to work, Continuing to breastfeed when you return to work, Sickness during pregnancy and maternity leave, and on return to work, Postnatal depression/depression in pregnancy, Self-employed, agency and zero-hours work, Rights for parents with more than one job, ‘Ordinarily Resident’ in the UK: entitlement to NHS maternity care in England, Information-sharing between the NHS and Home Office in England. NHS GRAMPIAN. If your employer refuses to let you return to work at the end of your maternity leave it may be an unfair dismissal (if you have two years’ service), automatic unfair dismissal because of your maternity leave and/or maternity discrimination (which are day one rights). graffles Wed 21-Mar-18 14:48:21. Should I be paid the same? Give your employer your MATB1 form from your midwife or GP. NHS 24 Maternity Leave Policy Version 9.3 NHS 24 Maternity Leave Policy Date Live From: November 2016 Page 3 of 19 22. Your pay and conditions must be the same as or better than if you hadn’t gone on maternity leave. So it should not be treated as a complete and authoritative statement of the law. There are two types, Statutory Maternity Pay (SMP) and Contractual Maternity Pay (CMP). A request for flexible work will usually lead to a permanent change to your contract. Publications, video & audio and much more. I have already given notice to take maternity leave and my employer has confirmed that I qualify for SMP? Your employer can ask you to use your annual leave during this period by giving notice. After your maternity leave has ended you must be treated as back at work and you can be considered for furlough. This is only a guide to maternity benefits it has no status in law. Will I be able to ask for any extra maternity leave because of the coronavirus pandemic? two weeks’ notice to ask you to take one weeks’ holiday. The only way you can receive furlough pay is to give notice to end your maternity leave early and return to work and ask your employer if you can be put on furlough. 1. Unfortunately maternity pay is very low but you are not entitled to ‘remuneration’ (normal salary) during maternity leave as you can only get maternity pay during this period. You will need to ensure you claim Universal Credit during the monthly assessment period in which your income is reduced during a Parental Leave period. The actual amount and the frequency should be confirmed by the employer. The latest you can start your maternity leave is from the date you give birth. You cannot go back onto maternity leave. shared parental leave/pay up to a year from your baby’s birth, more information on KIT days see our information sheet, see our blog on the Government response here, more information on asking for part-time work or other changes, For more information on working during maternity leave, click here, https://www.rcog.org.uk/en/guidelines-research-services/guidelines/coronavirus-pregnancy/covid-19-virus-infection-and-pregnancy/, Click here to return to our main Covid and maternity FAQs page. 4. In these circumstances you should give your employer as much notice as you can. You have employment rights and responsibilities when you go back to work. ), Company no. The purpose of the maternity leave policy is to detail the eligibility of employees to receive occupational NHS maternity pay. Some employers provide paid Parental Leave so you should check your contract. However, most may be returning to the pay band before they retired. I am on maternity leave from the NHS. Maternity Pay their MATB1 will be returned to them along with a Statutory Maternity Pay Exclusion Form SMP1, which they should then submit to the Department of Work and Pensions, in order to claim state maternity allowance. Your employer can only trigger your maternity leave and pay in the four weeks before your expected of childbirth if you are absent from work for a pregnancy-related reason. 5. A "salary sacrifice" arrangement will reduce the amount of salary that is liable to National Insurance Contributions. All staff who return to work in the NHS after retirement will be paid the substantive rate for their role. This enhanced maternity pay is subject to you returning to work for three months at the end of your Maternity Leave period. Your maternity pay could start sooner if you get sick in the 4 weeks before your baby's due. Use the government’s calculator to find out if you are eligible for SPP. Your employer can put you on furlough during Parental Leave in order to claim help with the cost of any occupational Parental Leave pay that they provide. For example, an individual may have a protected lifetime allowance limit. Further information on furlough is available here.
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