maternity employee guide august 2011 agreed exit...

Maternity LeaveEmployee Guide

Issued April 2007Last amended April 2012

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Employee Guide to Maternity Provisions

Employee GuideApril 2008

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Contents

Introduction

The QMUL scheme

Statutory Maternity Pay

Statutory Maternity Allowance

SMP and the QMUL scheme compared

Working safely through your pregnancy

Things to do before starting maternity leave

Planning your maternity leave

While you are off

Returning to work

Staff on fixed-term contracts

Teaching Assistants on part-year contracts

Appendices

1. Risk assessment form

2. Maternity planners

3. Action planner maternity leave

4. Maternity pay planner

5. Annual leave planner

6. Written notice of pregnancy to HR

7. Change in start of maternity leave

8. Notice of early return from maternity leave

9. Notice of resignation

10. Opting for SMP

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Page

Maternity Provisions

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Introduction

If you are pregnant and employed by theCollege you are entitled to 1 year’smaternity leave. If you return to workbefore the end of your 52 weekentitlement, you can share the balance ofthe leave with your partner1. However,the amount of maternity pay you can getwhile you are on leave depends on yourcontinuous service with the College.Less than 26 weeks’ service2::Your maternity leave will be unpaid.At least 26 weeks’ service2:

You will (normally) qualify for StatutoryMaternity Pay (SMP).At least 1 year’s service3:

You will qualify for the QMUL maternityscheme.

If you transfer your remaining maternityleave to your partner and you have nottaken all your maternity pay, they mayalso be eligible to receive the balance ofyour statutory maternity pay as additionalstatutory paternity pay depending onhow much is leftover to be paid.

Your options

If you have enough service to qualify forboth SMP and the College scheme, oneof the critical choices you face is whether

4. However, you must be employed directlyby the College, not by an agency ituses. If you have an honorary contractwith the College but a substantivecontract with another employer, theirmaternity scheme is the one that willapply to you.

or not to return to work.

This is because the QMUL scheme,which pays much more than SMP, is:v only available to staff who return to

work for the College after theirmaternity leave ends;

v designed as a retention measure.

SMP, on the other hand, is payablewhether or not you return to work.

The details of the 3 schemes aredescribed on pages 2 to 4. A table onpage 5 is designed to enable you tocompare the SMP and QMUL scheme ifyou qualify for both.

The maternity provisions described in thisbooklet apply equally to all Collegeemployees4 including those who workon a part-time or job-share basis and tocasual, temporary or fixed-term staff -provided that they have enoughcontinuous service to qualify.

How the College applies its policy to staffon fixed-term contracts is set out onpage 18.

1. Partner means father, partner, same sexpartner and secondary adopter inadoptuion cases.

2. By the end of the 15th week before theweek the baby is due.

3. By the start of the week the baby isdue.


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Qualifying for the College scheme

To qualify for the QMUL scheme,you must:1 be pregnant1 at the start of the 15th

week before the week of thebirth; and

2 at the start of the week the baby isdue, you must:- be employed by the College2; and- have at least 1 year’s continuous

service with the College.

In addition, you must:1 agree to return to work after your

maternity leave; and2 when you return, remain employed

by the College for at least 3 months3.

If you don’t qualify for the College’sscheme, or if you do not wish to returnto work after your maternity leave:v you will still be entitled to 1 year’s

maternity leave; and v you may qualify for Statutory

Maternity Pay or Maternity Allowance. These provisions are described on pages3 and 4 of this booklet.

Provisions of the QMUL scheme

The College scheme entitles you to 52weeks leave, for which you will be paid: 1 full pay for the first 18 weeks; then2 half pay for the next 8 weeks; then 3 standard rate Statutory Maternity

Pay4 (SMP) for the next 13 weeks;then

4 nil pay for the next 13 weeks.

The College’s provisions for maternitypay are designed as a retention measureand normally pay much more than SMP.

The QMUL scheme

4. Standard rate SMP (in April 2012) is setat whichever is the lowest of, either:- £135.45 a week; or - 90% of your average pay.

1. If the baby is still-born after the start ofthe 15th week before the week it isdue, a mother with sufficient service willqualify for the QMUL scheme.

2. You must be employed directly byQMUL, not by an agency it uses. If youhave an honorary contract with QMULand a substantive contract with anotheremployer, their maternity scheme is theone that will apply to you

3. This period will be extended if, forexample, you return on reduced hours.See page 16.


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Qualifying for SMP

To qualify for SMP, at the start of the15th week before the week the baby isdue, you must:1 be pregnant; and2 be employed by the College1; and3 have at least 26 weeks’ continuous

service with the College4 have average earnings that are above

a lower limit set by the government2.

You can get and keep your entitlement toSMP, even if you do not return to workafter your maternity leave.

If you don’t have 26 weeks’ service withthe College, you will still be entitled to52 weeks’ unpaid maternity leave. Youmay also be entitled to MaternityAllowance which is paid by theGovernment.

Maternity Allowance is described on page4 of this booklet.

Provisions of SMP

Statutory Maternity Leave entitlement is52 weeks, during which you will be paidSMP as follows: 1 for the first 6 weeks, 90% of full

pay; then2 for the next 33 weeks; standard rate

Statutory Maternity Pay3 (SMP) 3 nil pay for the next 13 weeks.

Additional Statutory Paternity Pay

If you decide not to take your fullmaternity leave entitlement of 52 weeksand return to work early, if you have notused up all your entitlement to statutorymaternity pay, the balance can betransferred to the secondary carer of thechild and paid as additional statutorypaternity pay.

Statutory Maternity Pay

3. Standard rate SMP (in April 2012) is setat whichever is the lowest of, either:- £135..45 a week; or - 90% of your average pay.

1. However, you must be employed directlyby the College, not by an agency ituses. If you have an honorary contractwith the College but a substantivecontract with another employer, theirmaternity scheme is the one that willapply to you.

2. In April 2011 the lower limit for eligibilityfor SMP was £102.00 a week.


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Qualifying for Maternity Allowance

To qualify for 52 weeks’ unpaid maternityleave, at the start of the 14th weekbefore the week the baby is due, youmust be:1 pregnant; and2 be employed by the College.

Even if you don’t qualify for Collegematernity pay or SMP, you may stillqualify for the Government to pay youMaternity Allowance1.

To qualify for Maternity Allowance youmust have worked and paid standard ratenational insurance contributions in 26 ofthe 66 weeks before the start of the14th week before the baby is due.

The full rules on qualifying for MaternityAllowance are in the booklet “A guide tomaternity benefits” (NI 17A). This isnormally available from the Departmentof Work and Pensions (DWP), libraries,and so on.

If you don’t qualify for SMP, the HRDepartment will give you form SMP1.Take or send the completed form to yourSocial Security office. They will work outwhether you are entitled to MaternityAllowance, and if so, they will pay it towhile you are taking your maternity leavefrom the College.

Provisions of Maternity Allowance

Maternity Allowance is paid for 39 weeksand is set at 90% of your average pay, upto a maximum set by the government2.

Statutory Maternity Allowance

2. In April 2012, the maximum amountfor standard rate SMA was £135.45 aweek.

1. Maternity Allowance is administered andpaid by the Department of Work andPensions, not the College. You shouldraise any queries with them.


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If you qualify for both schemes, your decision about returning to work after maternityaffects which scheme you are entitled to. To help you make a decision, the chiefdifferences between the two schemes are set out in the table below:

SMP and the College scheme compared

Qualifying Service:

Qualifying Date:(The date by whichyou must have the

service required)

Maternity Leave Entitlement:

Maternity Pay Entitlement:

Return to Work:

Statutory Scheme (SMP)

26 weeks’ service

By the start of the 14th weekbefore the week the baby is

due.

52 weeks

6 weeks on 90% of full pay33 weeks at standard rate SMP1

Not required to qualify for SMP

College Scheme

1 year’s service

By the start of the week thebaby is due.

52 weeks

18 weeks on full pay8 weeks on half-pay

13 weeks at standard rate SMP1

Must return for at least 3months2 after maternity leave.

1. Standard rate SMP (in April 2012) was set at whichever is the lowest of,either:- £135.45 a week; or - 90% of your average pay.

2. This period will be extended if, for example, you return on reduced hours.See page 16.


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Ante-natal care

Good ante-natal care is vital to yourhealth, and that of your baby. TheCollege therefore expects you to takereasonable time off, with pay, to receiveante-natal care.

So, if your ante-natal class orappointment1 (and travelling time bothways) falls within your normal workinghours, you will be paid for the time youtake off - even if you work part time, jobshare or in shifts. You will not berequired to make up working time lost.You should, therefore, let your managerknow as soon as your appointments aremade so that they can plan any cover foryour absence.

Adjustments to your work

You and the College have a jointresponsibility, in law, for your health andsafety during the pregnancy.

Early in the pregnancy, you and yourmanager must review together:1 the health and safety risk assessment

for your work and workplace; and 2 how you may be affected while you

are pregnant or breast-feeding.

You and your manager will jointlyconsider whether: v any aspects of your job may be too

hard for someone who is pregnant orbreast-feeding, or

v there may be some risk to yourunborn baby associated with your job.

If there are any concerns on thesematters, your manager will:v give you help to enable you to do the

work; orv agree appropriate temporary changes

to your duties; orv temporarily redeploy you to a job

you can do; orv suspend you on full pay (but they

would normally only do this aftertaking medical advice.)


1. Ante-natal care includes relaxation andparentcraft classes, provided that theseare advised by a registered medicalpractitioner, midwife or health visitor.

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You may wish to refer yourself to theOccupational Health Service (OHS) forspecialist medical advice on thesematters. Even if you don’t, your managermay wish to take advice from the OHSor from the Health and Safety Office.

In practice, the first 3 months of yourpregnancy can be the most vulnerabletime. So the earlier that you inform yourline manager that you are pregnant, thesooner they can consider any risks andtake action to minimise them.

Your manager has a detailed knowledgeof the work you do, and is therefore,best placed to carry out the riskassessment with you. However, if youprefer to delay telling your line managerthat you are pregnant, you can stillinform the HR department, the Healthand Safety Office or the OccupationalHealth Service. They will:v treat the matter as confidential1

v ensure that an initial assessment ofany risk is carried out.

A risk assessment form is in Appendix 1.


Sick leave during pregnancy

Of course, if you are medically unfitduring your pregnancy you must not stayat work.

Up to the start of the 4th week beforethe week the baby is due, any sick leaveyou take is counted as sick leave, not asmaternity leave. This is true even if yoursickness is caused by (or related to) yourpregnancy.

But after the start of the 4th week whathappens depends on whether you areunfit because of your pregnancy.

If your sickness is unrelated to yourpregnancy, you can take sick leave -provided that all your absence is coveredby a doctor’s certificate.

But if your sickness is even partiallyrelated to your pregnancy, you mustbegin maternity leave and you will beginto receive maternity pay. The first day ofyour absence would be paid as sick pay,the next day as maternity leave.

You cannot self-certify in this period asthe College has a duty to ensure that youand your baby will not be harmed by areturn to work.

1. Provided that no risk is identified thatrequires a change in working practice.Such a change will, inevitably, needyour manager to be informed.

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Notifying your manager

The earlier you tell your manager thatyou are pregnant, the better they will beable to plan for your absence. And oncethey know, they can take action toprotect you from unfair treatment andany risks to the health or safety of youand the baby.

Notifying HR

You must also notify HR of yourpregnancy by the start of the 14th weekbefore the week the baby is due. Youmust:v tell HR in writing that:

- you are pregnant, and- the date your baby is due, and- the date your maternity leave will

begin1;v provide a written statement2 from

your doctor or midwife giving thedate that the baby is expected.

You risk losing your right to maternityleave and pay if you do not do thesethings on time. A form you can use tonotify the HR department is inAppendix 6.

The HR department will invite you tomeet your HR Contact Officer to discussyour options. They will be able to outlinethe maternity provisions as they apply toyou and answer any questions you mayhave. The earlier you arrange thisdiscussion the better - most women findthe discussion helpful in planning theirmaternity leave.

Things to do before you start maternity leave

1. You can always change your mind later,provided you give 4 weeks notice. Aform for this purpose is on page 28.

2. Doctors generally use a form (“MatB1”) for this purpose. The College willgive some flexibility if you have difficultyin getting form MatB1 in time.

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Employee GuideAugust 2009


Start date for maternity leave

You can plan to begin your maternityleave on any day within the 11 weeksbefore the week you expect the baby.

You must notify HR of the date you havein mind before the start of the 14thweek before the week your baby is due.But if you change your mind, this is OK,provided that you give your manager 4weeks notice1 of the new date. A formfor you to use for this purpose is inAppendix 7 .

If you do not give enough notice of achange, the College may require you todelay the start of your maternity leaveuntil the 4 weeks notice period haselapsed.

Early start to maternity leave

Remember that the start of yourmaternity leave can be triggered earlierthan the date you planned.

This happens automatically, if:v the child is born1 before the date you

planned to start maternity leave; orv you take sick leave within the 4 weeks

before the week the baby is due; and v the sickness is (even partly) related to

the pregnancy.

If your maternity leave is triggered bysickness:v the first day of your absence would

count as sick leave v the next day, your maternity leave

would start.

If your maternity leave is triggered by thebirth of the child2, your maternity leavewould start the day after the baby wasborn.


2. Here, childbirth means either:- the live birth of a child or- a still birth after a pregnancy lasting

at least until the start of the 15thweek before the week of the birth.

1. If for practical reasons you cannot givethe full 4 weeks notice (eg if the child isborn earlier than expected) notify yourmanager as soon as is reasonablypracticable.

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Keeping-in-touch days

While you are on maternity leave, youcan do up to 10 days' work for theCollege. If you do more than this, yourentitlement to maternity leave and paywould automatically end.

Any day (or part of a day) on which youwork during your maternity leave willcount as a whole day towards themaximum of 10 days.

There is no right on either side to insiston keeping-in-touch days. Your managerdoes not have to offer any; and youcertainly are not required to work anysuch days that are offered.

You will be paid for any keeping-in-touchdays you work. However, if the total of:1 your maternity pay for the day; and 2 the money you earn that day ...is greater than a normal day’s pay, theCollege will deduct the excess.

It would make good sense to discuss andrecord, in good time before maternityleave starts:v the number, if any, of keeping-in-

touch days that are mutuallyagreed; and

v some planning of the timing of anysuch days; and

v the work, training, or other activitiesthat you might appropriately do.

Annual leave

While you are on maternity leave, yourentitlement to annual leave is entirelyunaffected. It goes on accruing while youare off.

However, you cannot take annual leavewhile you are on maternity leave.Furthermore, your maternity leave is notlikely to coincide exactly with a leave year.See below.


Leave year 1 Leave year 2

Year of maternity leave

Leave year 1 Leave year 2

Year of maternity leave

Period for you to takeannual leave

This means that:1 you may have annual leave

entitlement from 2 leave years totake; and

2 you may be on maternity leave for 12months in those 2 years; and so

3 you may have almost 2 years annualleave to fit into the 12 months oneither side of your maternity leave.

See below.

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You should plan the best way to fit yourannual leave into the periods before andafter your maternity leave. Be sure todiscuss these plans with your manager.They have the right to refuse annual leaveif granting it would interfere with effectiveservice delivery.

Most women find it helpful to take alarge chunk of paid annual leaveimmediately before or after their paidmaternity leave.

Normally staff can carry over only 5 daysannual leave from one leave year to thenext.

But if you are on maternity leave whenthe leave-taking year ends1, the Collegewill allow you to carry over as muchleave as you like, provided that, duringthe nil-pay period of your maternityleave, you take (at least) the amount ofleave that you carried over.

Appraisal and other long-termprocesses

Discuss with your manager how best totake account of your absence whendealing with issues such as:v annual appraisalv academic reviewv probation assessmentv REF assessment.

In principle, you will not be treated lessfavourably because of your maternityleave. Where it is possible andreasonable to do so, your manager will:v amend the timing of meetings or the

time-scale of processes to enable youto participate fully; or

v take full account of the effect of yourabsence on your development or thework or research you are doing.

However in some cases the College mayhave little option but to suspend yourparticipation in one of these long termprocesses until you return to work.

If you plan to come back early

The College will assume that you aregoing to take the full amount of maternityleave2 and that you will return to workafter 52 weeks leave. If you want to comeback before the full period of yourmaternity leave, you must give theCollege at least 8 weeks’ notice in writing.However, you cannot return in the 2weeks immediately after your baby isborn. These two weeks’ maternity leaveare compulsory.

If you do decide to return earlier,providing you have taken a minimum of20 weeks’ maternity leave starting fromthe date the baby is born, you cantransfer the remaining balance of yourentitlement to the secondary carer of thechild.


1. The leave year runs from 1st January to31st December.

1. 52 weeks normally, but perhaps less ifyou are on a fixed-term contract. Seethe section on fixed-term contracts.

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Employee GuideOctober 2010



If you want to leave

The College will advise you to keep youroptions open until the baby is born.

If you decide to leave you must give theperiod of notice set out in your contract.However, the more notice you give, thebetter the College will be able to plan itsservices. - you can give more notice thanis required so that your departurecoincides with the end of your maternityleave.

In practice, you stand to benefit bytiming your departure to coincide withthe end of your maternity leave. Forexample: v you can continue to accrue annual

leave during your maternity leave -even during the nil pay period; and

v you can continue your membership inthe pension fund, which is likely tolead to improved pension benefits.

You can use the form on page 31 to givenotice, if need be.

Remember that if you do not return towork for a period of at least 3 months,the College will reclaim the differencebetween its maternity pay scheme (if youhave been paid it) and SMP.

If you don’t wish to put yourself in debt to the College, and would prefer to bepaid only SMP, you can arrange thisbefore you begin maternity leave. Theform in Appendix 10 covers this issue.

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Keeping-in-touch days

See page 10 for a description of keeping-in-touch days.

If you agree to work any such days, makesure that, as you do them, your managerarranges with the HR department for youto be paid.

Reasonable contact

Quite apart from keeping in-touch-days,the College is entitled to makereasonable contact with staff.

Your manager may do so, for example,to consult you over any change toworking practices or reorganisation, orsimply to keep you up-to-date on workissues or personnel changes.

The HR department is likely to contactyou to clarify arrangements as yourmaternity leave ends.

If you are on a fixed-term contract that isdue to end during your maternity leavethe College will need to contact you as itconsiders, in the normal way, whetherto extend your contract

While you are off

Annual leave

You cannot take annual leave while youare on maternity leave.

If you take paid annual leave immediatelybefore returning to work, the first day ofannual leave you take ends yourmaternity leave.

Bank holidays and closure days

As with annual leave, you cannot take orbe paid for any bank holiday or closureday that falls in the period of yourmaternity leave.

Bank holidays and closure days fall onfixed days of the year and are separatefrom annual leave. You cannot, therefore,carry them forward to be taken afteryour return to work.


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While you are off

Your pension contributions

If you are in one of the College’s pensionschemes, Payroll will automatically deductcontributions throughout your paidmaternity leave.

Your contribution will be worked out as apercentage of your maternity pay, ratherthan your full pay. Even though yourcontributions are based on reduced levelsof pay they count at the full rate towardsretirement benefits.

During any periods on which you are onnil pay, your contributions will stop.What happens then depends on thescheme you are in.

If you are in the NHS scheme:you must pay contributions for the nil payperiod. The College pays these for youwhile you are on nil pay, but when youreturn to work, you must pay these back.

In the nil pay period, your contributionsare payable on the basis of the final rateof maternity pay (other than nil pay) thatyou get during your paid maternity leave

If you are in Saul or USS:you may opt whether or not to paycontributions for your nil pay maternityleave. Such contributions are payable onthe basis of the final rate of maternity pay(other than nil pay) that you get duringyour paid maternity leave.

Clearly, if you do opt to contribute, youwill increase your retirement benefits.

Any contributions on nil pay are deferreduntil you have returned to work. ThePensions section of the HR Departmentwill contact you to get your decision andwill arrange to implement it.

Pay increases

You are entitled to any pay increase orincrement that falls due during yourmaternity leave.

However, the College Payroll systemcannot (currently) work these outautomatically. You will receive anyadjustment due at the end of yourmaternity leave.

The College is pressing its softwareprovider to improve their product.


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Returning to work

The College will expect you to returnafter 52 weeks maternity leave unless:v you have notified an earlier date of

return; orv you have already resigned and given

notice of your last working day; orv you are on a fixed-term contract that

has already expired.

The HR department will notify you of thedate you are expected to return beforeyou begin maternity leave.

You are entitled to return to a job that isthe same as or similar to the one whichyou had before you took maternity leave,unless this is not reasonably practicable.

In practice, payroll staff in the HRdepartment will not reinstate your payunless your manager notifies them thatyou have returned to work. Make sureto remind your manager to do this.

Returning to work

Working safely

Before, or soon after your return towork, you and your manager mustreview together:1 the health and safety risk assessment

for your work and workplace; and 2 how you may be affected as a

new/nursing mother.

Returning early

If you want to return early, you must giveat least 8 weeks’ written notice1. If yougive less notice than is required, yourmanager has the right to delay yourreturn to the earliest of either :v the date by which the 8 weeks’ notice

would have elapsed; or v the date you were expected to

return.

The more notice you give, the better theCollege can make the necessaryarrangements. A form you can use togive notice of an early return is inAppendix 8.

If your return is delayed after the dateyou expect to return because of anillness, you must submit a doctor’sstatement.

1. Both HR and your manager need to benotified. HR so that you can be paidcorrectly and your manager so that theycan plan and prepare for your return.

Returning to work


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Flexible working

You may wish to reduce your hours orconsider flexible working arrangementsafter your return to work. You shoulddiscuss this matter as soon as possiblewith your manager.

Any application you make will beconsidered under the College’s Code ofPractice on Flexible Working. The Codeand an application form are available fromthe HR department or website.

Unpaid time off

The HR Code of Practice on Leaveincludes provisions for staff to take unpaidtime off in connection with their children.These include:v time off to care for dependantsv unpaid parental leave

Any application for time off you make willbe considered under the College’s Codeof Practice on Leave.

Nursery

The College nursery: v is run from a purpose-built nursery in

Bancroft Road;v has 65 places for the children of staff

and students of Queen Mary (andothers);

v caters for children aged from 3months to 5 years;

v is open between the hours of 8.30amand 5.30pm, 49 weeks of the year.

You can find out more about the nursery,its fees, the services it offers and how toapply for a place from the nursery or itswebsite.

Childcare vouchers

Under this scheme, staff can agree totake some of their pay as child-carevouchers rather than cash.

The advantage of this is that child-carevouchers can be paid to you without anydeduction of income tax or NationalInsurance. The vouchers can then beused to pay child-care providers forcaring for your children.

You can get more details of the schemefrom the HR Department or website.


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Repaying maternity pay/annual leave

Even if you qualify for and are paidCollege Maternity Pay, you will lose yourentitlement to it unless you complete 3months at work after your return frommaternity leave.

As the purpose of the College maternityscheme is to encourage a genuine returnto work, the 3 months will be extendedif you:v reduce your hours of work after the

baby is bornv take any sick, annual or sabbatical

leave (or other time off) during the 3months.

If you do not return to work for theperiod required, the College will reclaimthe difference between the QMULscheme and SMP.

The HR department will work out theadjustment to be made. The adjustmentwill take into account:v your last day of employment - you

are employed throughout the wholeperiod of your maternity leave; and

v your entitlement to be paid for anyoutstanding annual leave; and

v any pension contributions youowe; and

v the difference between the maternitypay you have received and yourstatutory entitlement.

Returning to work


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If your fixed-term contract ends

If your contract is due to end while youare still on maternity leave, the case forextending or renewing your contract willbe considered under the provisions ofthe Code of Practice on Reviewing Fixed-term Contracts.

The fact that you are on maternity leaveis not material to the process to befollowed nor to the decision to be made.If your employment is not extended youwill be given: v the reason for the decision; and v a right of appeal.

Your employment will end on the date inyour contract. However, the College willcontinue to consider redeploymentopportunities for you until the date yourmaternity leave ends.

If you qualify for the QMUL maternityscheme, you will be paid:v College maternity pay up till the date

your contract ends; andv SMP thereafter until the statutory

maternity pay period is exhausted. v any redundancy pay you are entitled

to (see the Code of Practice onReviewing Fixed-term Contracts).

The College will waive repayment of anydifference between College maternity payand SMP if: v the end of your contract prevents you

from, either :- returning to work; or- completing 3 months employment.

Research grants and maternity leave

The Code of Practice on ReviewingFixed-term Contracts sets out the issuesto consider at the end of the contract.

There is no automatic right for anemployee on a fixed-term contract to begiven an extension to their contractequivalent to the period of theirmaternity leave.

This is so even if the grant providessufficient funds to cover the wholeamount of your maternity pay.

As well as the financial position, theCollege will take into account a range ofother factors, including:v any work or research that is required

at the time the contract is due toend; and

v any arrangements made to cover thework while you were on maternityleave.

Staff on fixed-term contracts


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Employee GuideJune 2010

For Teaching Assistants (TAs) on part-yearcontracts there are a number ofcomplicating factors:v TAs are normally paid an equal

amount throughout the period forwhich they are required to work;

v the period of paid employment isnormally followed by a period on nilpay (between terms or academicyears);

v any decision about offering morework is not normally made before thecontract ends (it’s made insteadbefore the start of the next term oryear).

The College handles this situation asfollows:

Continuous ServiceNormally, the College will not countholidays between terms or academicyears as a break in continuous service,provided that you work the whole ofeach of the terms.

Full-pay, half-pay and SMPIf you qualify for the College maternityscheme, you will be paid full-pay or half-pay for any periods in which you are dueto be paid by QMUL.

However, during your nil-pay periodsyour full-pay and half-pay under theCollege scheme would both amount tonothing (since your entire annual salarywould already have been paid to you).

However, if you qualify for it, you will bepaid SMP for any weeks in which thestatutory entitlement is greater than yourpay under the College Scheme.

The decision to re-engage the next termIf possible, the timing of the decision willbe brought forward. No account will betaken of the fact that you will be onmaternity leave. If need be, anotheremployee would be recruited to supplymaternity cover.

ExampleA female TA has worked 6 full terms overtwo complete academic years. Shetherefore qualifies for both the Collegescheme and SMP.

Her contract is due to end on June 16which is in the qualifying week for SMP.

Her maternity leave begins the next dayon June 17th. However the decision isthen made to re-engage the TA, witheffect from September 30th for thefollowing term (15 weeks later).

So in the the first 15 weeks of herabsence, the TA would be in a nil payperiod and would be entitled to SMP. Forthe first 6 weeks this would be at 90% offull pay and for the next 9 weeks at thestandard rate.

Thereafter, the TA would be in a paidperiod and would get her entitlementunder the College scheme. Thus:v for the 16th-18th week she would get

full pay; andv for the 19th to the 26th weeks, she

would get half-pay; and v for the 27th-33rd weeks, she would

get standard rate SMP; andv for the 24th-52nd weeks, she would

get nil pay.

Teaching Assistants on part-year contracts


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April 2007 Health and Safety Office

Instructions for managers:

In law, employers are required to assessworkplace risks for all employees, and totake practical action to control thoserisks. In QMUL this responsibility isdevolved to line managers1.

Risk assessments must, in any case, takeinto account any hazards and risks to: v females of childbearing agev new and expectant mothers2

v their unborn children; or v the children of a woman who is still

breastfeeding

You should review and monitor riskassessments at regular intervals. But inaddition, you must carry out a new riskassessment when:v you learn that a woman is pregnantv a woman returns to work after

maternity leave v a new or expectant mother informs

you of medical advice that she hasbeen given.

What you need to do

To identify any risks which may causehealth problems for the woman or herchild:v discuss the new or expectant

mother's working conditions v discuss and complete the form

overleafv include hazards to the woman or her

child which might arise when thewoman is performing - her own duties - other activities within the

department.v take account of any medical advice

the woman provides.

A sensible risk assessment has to takenote not only of the hazard, but howserious it is and how likely it is that it willaffect the particular individual. Alwaystake action to minimise any risksidentified.

If need be, take advice on medical issues,the risk assessment and radiation hazardsfrom the College’s: v Occupational Health Service, v Health & Safety Office and v Radiation Protection Supervisors.

Appendix 1: Risk Assessment Form

1. “Manager” is defined as follows:“Anyone in the College who supervisesand/or is responsible for the work of oneor more staff. “Manager” refers to arole not to a title. Thus, staff whosupervise or monitor the work of otherCollege employees will, in effect, bemanagers even if their job title is “SeniorLecturer”, “Assistant Registrar”, Vice-Principal”, etc.

2. The definition of a new or expectantmother is someone who is pregnant, orhas given birth within the previous sixmonths, or is breastfeeding.

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April 2007

InstructionsPlease tick as appropriate in the boxes inthe 6 sections below. For any “yes” boxticked please give further informationabout the risk and how it can beminimised on the final page of this form..

If you have any concerns about medicalissues that you cannot resolve locally,please take advice from the OccupationalHealth Adviser on 020 7882 3176.

Unusually stressful workWorking with VDUs

Working alone

Travelling (in the job)Other (please specify)

Employee’s surname:

Employee’s first Name:

Date of birth:

Date the baby is due/was born

Employee’s job title:

Department

Phone number

Manager's name

Brief summary of work processes:

Number of hours and shift/pattern:

Periodic manual handling of loadsPhysical fatigue eg standing >1½ hrsExtremes of cold and heatIonising radiationNight workWhole body vibration

Awkward spaces and workstations

Noise

Other (please specify)

Yes No

Yes No

1. Working conditions:

2. Exposure to physical agents:

Health and Safety Office

Risk assessment formFor New and Expectant MothersTo be completed jointly by the line manager and the employee.

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April 2007

Risk assessment formFor New and Expectant MothersTo be completed jointly by the line manager and the employee (page 2)


Antimitotic (cytotoxic) drugsMercury or mercury derivatives

Lead or lead derivatives

Prolonged exposure to carbonmonoxide

Carcinogens (as defined inCOSHH1)

Substances labelled R40 (Possiblerisk of irreversible effects)

Substances labelled R45 (Maycause cancer)

Substances labelled R46 (Maycause inheritable disease)

Substances labelled R49 (Maycause cancer by inhalation)

Substances labelled R61 (Maycause harm to the unborn child)

Substances labelled R63 (Possiblerisk of harm to the unborn child)

Substances labelled R64 (Maycause harm to breast fed babies)

Substances labelled R68 (Possiblerisk of irreversible effects)

Chemicals known to beabsorbed through the skin


Blood or body fluidsClinical specimen Toxoplasmosis

Cytomegalovirus

Rubella virus

Group 2, 3 or 4 biological agents2

Fumigants or biocides


Yes No Yes No

3. Exposure to chemical agents: 4. Exposure to biological agents:

Stressful situations (to be discussed with manager)

Yes No

5. Exposure to external factors:

1. The Control of Substances Hazardousto Health Regulations (2002) asamended.

2. If need be, take advice from theCollege’s Health & Safety Adviser.

Yes No

6. Any other problems at time ofassessment

BackacheSwollen feetMorning Sickness


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April 2007

Employee’s signature Date

Manager’s signature Date

7. Risks identified and action takenIf you ticked “yes” in any box in sections 1 to 6, please:v give details; andv if need be, take advice; andv specify any action to reduce risks.

Once completed, sign and date the form. Please keep a copy on file and send a copy tothe OHS, Geography Building, Mile End Campus.

Risk assessment formFor New and Expectant MothersTo be completed jointly by the line manager and the employee (page 2)


24


Maternity provisions

April 2008

Appendix 2: Maternity planners

There are 3 maternity planners on thenext 4 pages of this handbook. Otherplanning tools are available on theinternet. For example, Directgov hasinteractive maternity planner which canhelp you work out your statutory payand leave entitlement.

How to use the planners

Action planner

This planner is designed to help youunderstand what you have to do andwhen by.

The key date is, of course, the week thebaby is due. Enter the date of theMonday of that week.

If, by the start of this week you have atleast 1 year’s continuous service, you willqualify for the College’s maternityscheme.

Counting back from the week the baby isdue, enter the date of the Monday of thev 4th week before v 11th week beforev 14th week before.

The 14th week beforeIf, by the start of this week, you have atleast 26 weeks’ continuous service withthe College, you will qualify for SMP.

By the start of this week, you must giveyour manager form MatB1 and say inwriting that:v you are expecting a babyv the week it is due and v the week your maternity leave will

begin.

The 11th week beforeYou cannot begin your maternity leavebefore the start of this week. You canopt to begin maternity leave on any daywithin the weeks afterwards.

The 4th week beforeAfter this week starts sickness absencewill trigger the start of your maternityleave and pay if it is related (even partly)to your pregnancy.

Returning to workWhen you tell HR the date you want tostart your maternity leave, they will tellyou in writing, the date they expect youto return to work.

This will always be 1 year to the day afteryour maternity leave starts.

It is helpful to enter this date on theplanner overleaf.

Maternity Pay PlannerThis is designed to help you understandwhat your income will be during theperiod of your maternity leave.

Annual Leave PlannerThis is designed to help you work outhow best to fit your leave entitlementaround your maternity leave.


25


Appendix 3: Action planner - maternity leave

15 14 13 12 11

11 12 13 14 15

10 9 8 7 6

5 4 3 2 1

0

26 27 28 29

1 2 3 4 5

6 7 8 9 10

21 22 23 24 25

30

16 17 18 19 20

36 37 38 39 40

51 52 53 54

31 32 33 34 35

46 47 48 49 50

55

41 42 43 44 45

The start of the 14th week before the week the baby is due:To qualify for SMP you must have 26 weeks’ service by the start of this week. Form MatB1 isnormally available. By the start of this week, you must give HR form MatB1 and tell them thatyou are expecting a baby, the week it is due and the week your maternity leave will begin.

11th week before the week the baby is due:This is the earliest maternity leave can start.

4th week before the week the baby is due:After the start of this week, maternity leave is triggered if youare sick and this is related (even in part) to the pregnancy.

Between 41st to 51st week after the baby is due:You will be expected back in these weeks depending on when you opt tobegin your maternity leave. Don’t forget to get your manager to notifyHR/Payroll when you do return.

Week thebaby is due

WeeksBEFORE the

week the babyis due

Weeks AFTERthe week thebirth is due


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Each box below represents a week (which can start on any day). Enter the date youplan to start maternity leave in box 1 of the scheme you qualify for (SMP or the Collegescheme). Enter the dates in the boxes when the rate of your maternity pay changes.Enter the date when you are expected back at work. Consider if you want to return towork before the nil pay period ends, and if you want to do this by taking annual leave.

Appendix 4: Maternity pay planner

11 12

13 14 15

26 27 28 29

1 2 3 4 5 6

7 8 9 10

21 22 23 24

25 30

16 17 18

19 20

36

37 38 39 40

31 32 33 34 35

41 42

4843 44 45 46 47

49 50 51 52 53

11 12

13 14 15

26 27 28 29

1 2 3 4 5 6

7 8 9 10

21 22 23 24

25 30

16 17 18

19 20

36

37 38 39 40

31 32 33 34 35

41 42

4843 44 45 46 47

49 50 51 52 53

Statutory maternity pay:

College maternity pay:

SMP at 90% ofaverage pay

Half pay starts

SMP atstandard rate

set by thegovernment

starts

Half pay ends,and SMP at

standard ratestarts

SMP atstandard rate

set by thegovernmentends and nilpay period

starts Week you areexpected back

at work.

Full pay starts

Full pay ends

SMP atstandard rateends and nilpay period

starts.Week you areexpected back

at work.


27


Each box below represents a working week. Two leave years are shown since mostwomen’s maternity leave will not fall within a single leave year. Enter in box 1 of bothleave years the date your leave year starts (January 1 or April 1 depending on yourterms and conditions). Enter in the relevant box (in leave year 1) the date you intend tostart maternity leave. Enter in the relevant box (normally in leave year 2):1 the date your paid maternity leave will end2 the date you are expected back at work 3 the date you wish to return if you want to return early

Work out (HR will help, if need be):1 your full annual leave entitlement over the 2 leave years (for full-time staff this will 30

days x 2 = 60 days)2 any annual leave you have already taken in leave year 13 any other annual leave you plan to take in leave year 1before maternity leave starts4 the amount, if any, of annual leave you intend to add to the end of your maternity

leave - its a good idea to enter the number of days into the relevant boxes5 how you can fit the remaining annual leave into the period before and after your

maternity leave.

Appendix 5: Annual leave planner

Leav

e ye

ar 1

Leav

e ye

ar 2

11 12

13 14 15

26 27 28 29

1 2 3 4 5 6

7 8 9 10

21 22 23 24

25 30

16 17 18

19 20

36

37 38 39 40

31 32 33 34 35

41 42

4843 44 45 46 47

49 50 51 52

11 12

13 14 15

26 27 28 29

1 2 3 4 5 6

7 8 9 10

21 22 23 24

25 30

16 17 18

19 20

36

37 38 39 40

31 32 33 34 35

41 42

4843 44 45 46 47

49 50 51 52


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1. Your name:

Appendix 6: Written notice of pregnancy to HR

2. Your payroll ref. number (see pay slip):

3. I am expecting a baby. The date thebaby is due is:

5. The date I plan to start maternityleave is:

I will give you 4 weeks’ notice of anychange to the date I plan to startmaternity leave.

7. Your signature

9. Your manager’s signature

8. Date

4. A certificate (normally form “MatB1”)to confirm that I am pregnant is:[please tick the appropriate box]

already in your possession

enclosed with this form

to be given to you shortly

inform my manager so that they cancarry out a health and safety riskassessment for the period of mypregnancy

let me (and my manager) know thedate on which I am expected toreturn to work.

arrange a meeting with me to discussCollege maternity provisions

confirm my entitlement to maternitypay.

6. Please:[tick any appropriate boxes]

Instructions for the employee1. Use this form to tell HR that you are pregnant and want to take maternity leave. 2. You should give the same information to your manager so that they can protect the

health and safety of you and your baby during your pregnancy. A box for them tosign is at the foot of the form.

3. Ask your doctor or midwife for form “MatB1”4. Make sure that HR get this form and form MatB1 by the start of the 14th week you

expect the baby. If there are practical reasons why cannot do this, tell your HRContact Officer. The address is: QMUL, HR Department, Mile End,London, E1 4NS.


29


Appendix 7: Change in start of maternity leave

1. Your name:


3. I told you before that I plan to startmaternity leave on:

5. Your signature

9. Manager’s signature

6. Date of signature

New start date for maternity leave

10. Date of signature

4. The date I now plan to startmaternity leave is:

7. Please let me (and my manager)know the new date on which I amexpected to return to work.

Instructions for the employee1. Use this form to tell HR that you want to change the start date of your maternity

leave. The address is: QMUL, HR Department, Mile End, London, E1 4NS.Normally you must give 4 weeks’ notice of the new date. However, if you are unableto do so for practical reasons (for example if the baby is born earlier than expected)you should notify the College as soon as is reasonably practicable. If you do not givenotice in time, your manager can require you to delay the start of your maternityleave. Don’t forget, you must plan to start your maternity leave within the 11 weeksbefore the week the baby is due.

2. Keep your manager informed so that they can plan appropriately. There is a box onthe form to show that they have approved the change.

8. Manager’s approval[tick the appropriate box and signbelow]

I agree the new start date

I do not agree the new start datefor this employee’s maternity leave.The earliest date1 I can agree to isin the box below.

1. You cannot insist on any date later than:(a) 4 weeks after the date theemployee notified you of the change; or(b) [if the employee is not able to give4 weeks notice for practical reasons]the date on which it became reasonablypracticable for them to notify you of thechange.


30


Appendix 8: Notice of early return

7. Please confirm with me and mymanager that the new date isacceptable.

1. Your name:


3. You are expecting me to return frommaternity leave on:

5. Your signature

6. Date

4. I now plan to return early on:

Instructions for the employee1. Use this form to tell HR that you want to return to work before the date you are

expected to return. The address is: QMUL, HR Department, Mile End,London, E1 4NS. You must give at least 8 weeks notice of the new date. If you donot, your manager can require you to delay the start of your maternity leave untilthe 8 weeks have elapsed. The new date must be within 1 year of the date youbegan maternity leave.

2. Keep your manager informed so that they can plan appropriately.


31


Appendix 9: Notice to quit

7. Please confirm with me and mymanager that you have noted myresignation.

1. Your name:


3. You are expecting me to return frommaternity leave on:

5. Your signature

6. Date

4. I no longer intend to return to workafter my maternity leave. I amtherefore giving notice of myresignation. My final working daywill be:

Instructions for the employee1. Use this form to tell HR that you want to leave at the end of your maternity leave.

The address is: QMUL, HR Department, Mile End, London, E1 4NS. You mustgive at least the amount of notice required in your contract. However, you can givemore notice than the minimum and the sooner the College is aware of yourintentions, the better it can plan its work. Your final working day will normally be theday before you are due to return to work. If you put in any other date, please takeadvice first

2. Keep your manager (as well as HR) informed so that they can plan appropriately.


32

Employee Guide

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April 2008

Appendix 10: Opting for SMP

6. Please confirm with me and mymanager that you have noted myrequest.

1. Your name:


3. I am taking maternity leave and amentitled to College maternity pay.However, I would prefer to be paidSMP while I am on maternity leave

4. Your signature

5. Date

Instructions for the employee1. Use this form if you are entitled both to SMP and College maternity pay. 2. In such cases, the College will normally pay you under the College’s maternity

scheme rather than SMP. However, if you do not return for at least 3 months afteryour maternity leave, the College will reclaim the difference. If you are not surewhether you want to return and would prefer to be paid SMP, use this form toinform HR. The address is: QMUL, HR Department, Mile End, London, E1 4NS.

maternity employee guide august 2011 agreed exit...

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