Maternity Leave

Page updated: 31/05/2023

They can advise you verbally or in writing.

The earliest the maternity leave can start is 11 weeks before the baby is due.

The employee must provide you and the Absence Team with written notice no later than the 15th week before the date of birth.

It is possible to change the date the maternity commences provided that 28 days written notice is given or if that is not possible as soon as reasonably practicable.

Holiday entitlements continue to accrue during the maternity leave. To avoid unnecessary service difficulties, any holiday leave already owing should, where possible, be taken before beginning the maternity leave. In cases where this is not possible the remaining annual leave days will be carried over to the new leave year.

(An employee may be required to take all or part of the holidays carried into a new leave year on particular days as determined by you and service requirements).

All pregnant employees have the right to paid time off to attend ante natal care and must produce evidence of the first appointment if requested to do so. Ante-natal care can include not only medical examinations but also relaxation and parent craft classes on the advice of registered medical practitioner, midwife or if personal choice annual leave must be requested.

Please note the Council reserves the right to ask employees to re-arrange appointments where it is reasonable to do so. Employees should wherever possible try to arrange these appointments as near to the start or end of the working day as possible.

If the employee is absent through sickness, unrelated to the pregnancy whilst they are still in work, they will be paid sick pay in the usual way.

The employee will not receive sick pay during their maternity leave but will continue to receive maternity pay for the entitlement period.

If the baby is born before the start of the maternity leave (or even before the employee has formally notified you of the intended start date), the maternity leave period starts automatically on the day after the birth.

The employee may be entitled to maternity leave/pay but as they are employed on a fixed term contract which is due to end on or during their maternity leave any occupational payments (if eligible) will cease on the termination date. Any remaining Statutory Maternity Pay (if eligible) will be paid as lump sum payment.

However should the employees contract be extended or they find alternative employment please liaise with your departmental HR Officer and the Absence Team as the employee may be entitled to additional maternity leave/pay.

It is assumed that employees will return at the end of their Maternity Leave Period. If they wish to return to work earlier than this then they must give you and the HR Section at least 8 weeks’ notice of an early return to work.

We are actively committed to supporting a family friendly environment and policies have been developed in support of this. Other options that may be considered include, making an application for flexible working, job-sharing or part-time working. Please see the councils Flexible Working policy and Job share Policy and Procedure for further information.

If the employee works for anther employer during the statutory maternity pay period but before the baby is born, we should carry on paying statutory maternity pay. If the employee works for another employer during the statutory maternity leave period but after the baby is born, we will need to check whether she worked for the other employer during the 15th week before the baby was due. If she did statutory maternity pay should be paid as usual.

If, however, the employee is working for another employer for which she did not work during the 15th week before the baby was due, the employer must stop paying statutory maternity pay from the start of the week that the employee works for the other employer. It is up the employee to inform you and the Absence Team that she is working for someone else during her statutory maternity pay period.

If after confirming the intention to return to work the employee decides not to return for at least 13 weeks they may be asked to repay some of the pay they have received. See the Maternity Leave policy for further details.

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