Maternity

The earliest you can start your Maternity Leave is 11 weeks before your expected week of childbirth.

However, you may wish to start it anytime from then up to the expected week of childbirth and may begin your leave any day of the week.

Having advised your manager of the date that you wish your Maternity Leave to start, you must give 28 days notice if you subsequently decide to change the date.

Staff member

1. Inform line manager
   It is advisable to inform your manager that you are pregnant as soon as possible, if you feel happy to do so. This enables your manager to ensure a written risk assessment is carried out in relation to your being pregnant at work and to give you time off for antenatal appointments.
   
   To claim Maternity Leave you must inform your line manager no later than the 15th week before your expected week of childbirth. If you are an employee of the Public Services Commission, you must complete the Statement of Intention at the same time.
   
   
2. Statement of intention
   Your Statement of Intention / notification must include:

• the fact that you are pregnant
• the expected week of childbirth
• the date you intend to start your Maternity Leave
• your intention to return to work for a minimum period of 3 months after your Maternity Leave has ended (MPTC only).

You must also provide your line manager with a MATB1 form from your midwife or GP, giving the expected date of childbirth, as soon as possible. You can obtain a MATB1 form at your 20 week antenatal appointment.

Line manager

Line Managers, on receipt of the Statement of Intention and notification must:

• retain a copy
• send a copy to the OHR Business Partner Team for onward transmission to the Employment Services Team, Central Administration Team and retention on the employee’s personal file
• advise the employee of her paid and unpaid leave entitlements
• advise the employee of the date her Maternity Leave will end (assuming she will be taking Additional Maternity Leave if she is entitled to it)
• confirm the length of any period of accrued annual leave which it has been agreed may be taken following the end of the formal Maternity Leave period

A risk assessment of the work place must also be carried out by the employer. If a risk remains which could damage the health and safety of the employee or her baby, the employer should make sure they are not exposed to that risk.

If necessary, suitable alternative work may be offered if available. If alternative work is not available and it is deemed appropriate, the employer may consider instigating suspension from work on maternity grounds – this may be prior to commencement of Maternity Leave, or when Maternity Leave has expired. Whilst on maternity suspension, the employee will be paid as normal. However, if she unreasonably refuses an offer of suitable alternative work, she will not be paid for the period of time that she is on maternity suspension.

You will be entitled to reasonable paid time off for antenatal care. You may be required to show your manager your appointment card following your first appointment.

If your GP/Midwife advises attendance at parent-craft, relaxation or aqua-natal classes, you will be permitted reasonable paid time off provided you produce evidence of appointments.

If you are sick at any time during the 4 weeks prior to your due date and your sickness is not pregnancy related, you will receive sick leave in accordance with the sick leave scheme as set out in your terms and conditions of employment. Your intended Maternity Leave commencement date is unchanged.

However, if you are sick at any time during the 4 weeks prior to your due date and your sickness is pregnancy related you will commence Maternity Leave on the day following the beginning of your sick leave.

• you cannot claim sickness benefit during Maternity Leave
• normal sick pay can only commence upon your return to work
• if you wish to return earlier than planned you must give 28 days notice
• if you have agreed a return date and sickness prevents you returning on this date, normal sick pay can commence as long as a medical certificate is provided

Premature birth

If your baby is born prematurely, before you have commenced your Maternity Leave, then the start of your Maternity Leave will be triggered immediately.

If something happens

While we hope that your pregnancy and birth is trouble free, you may be wondering how your maternity leave will be affected if the worst happens. If your baby is stillborn, you will still be entitled to Maternity Leave as long as you were more than 24 weeks’ pregnant when your baby was born. If your baby dies while you are on Maternity Leave, you will still be entitled to the remainder of the Maternity Leave.

If you are expecting more than one baby, your entitlement to Maternity Leave/pay is still the same as if you were expecting one baby.

There are set provisions in the PSC Civil Service Regulations and the Manual and Craft Workers Agreement for adoption leave.

If you normally accrue annual leave, you will continue to accrue annual leave in accordance with your contract throughout the Ordinary Maternity Leave period.

Annual Leave may be accrued during Additional Maternity Leave, depending on your terms and conditions of employment. You should contact your Human Resources Advisor for advice.

You may wish to agree with your manager how you will take any accrued annual leave, before you go on Maternity Leave, due to the restrictions on carrying forward annual leave into the next leave year.

Guidelines

• You can add your annual leave to your Maternity Leave, either at the start or at the end of your period of Maternity Leave
  
  
• If your Maternity Leave falls across two annual leave years, you may accrue some annual leave in the new leave year but cannot carry forward more than the limits identified in your terms and conditions – you could add this to your Maternity Leave, or choose to take it as normal after you return to work
  
  
• If you decide to add the accrued annual leave to the end of your Maternity Leave, this will be paid so ensure you are clear about what time you are taking as Maternity Leave and what you are taking as annual leave

You have no right in law to be paid by your employer while you are on Maternity Leave. However, your employer has certain contractual arrangements in place that are linked to the terms and conditions of your employment.

You may also be able to claim a Maternity Allowance from the Social Security Division of the Treasury.

Maternity Pay linked to your Terms and Conditions

The pay that you receive while you are on Maternity Leave is dependent on your terms and conditions and how long you have worked for your employer.

• Civil Service
• Manual & Craft Workers
• MPTC

Public Services Commission Civil Servants

If you have 1 year continuous service at the beginning of the 14th week before your expected week of childbirth you are entitled to a total of 8 weeks’ pay broken down as follows:

• 4 weeks at full pay
• Followed by 4 weeks at half pay

If you have 2 years or more continuous service at the beginning of the 14th week before your expected week of childbirth, you are entitled to a total of 18 weeks’ pay broken down as follows:

• 12 weeks at full pay
• Followed by 6 weeks at half pay

If you do not return to work after your Ordinary Maternity Leave or Additional Maternity Leave period, for at least 13 weeks, you will be required to repay some of your maternity pay

Public Services Commission Manual and Craft Workers

If you are not entitled to receive Maternity Allowance, you will receive these amounts less what you would have received as Maternity Allowance if you had been eligible.

If you have 1 year continuous service at the beginning of the 11th week before your baby is due, and you are entitled to Maternity Allowance, you are entitled to:

• 6 weeks at nine-tenths of a week’s pay
• followed by 12 weeks at half a week’s pay (without any deduction unless combined pay and Maternity Allowance or any dependent’s allowances exceeds full pay)

If you have 2 years or more continuous service at the beginning of the 11th week before your baby is due, and you are entitled to Maternity Allowance, you are entitled to:

• 6 weeks at nine-tenths of a week’s pay – the first 6 weeks is payable whether or not you return to work following Maternity Leave
• followed by 12 weeks at half a week’s pay – without deduction unless combined pay and Maternity Allowance or any dependent’s allowances exceeds full pay

If you do not return to work after your Ordinary Maternity Leave or Additional Maternity Leave period, for at least 13 weeks, you will be required to repay some of your maternity pay.

Manx Pay Terms and Conditions (MPTC)

If you work full time or part time, you will be entitled to paid and unpaid Maternity Leave under the contractual maternity pay scheme if you have 12 months continuous service at the beginning of the 11th week before the expected week of childbirth.

Please see Section 12 of the MPTC Handbook for clarification as to what counts towards reckonable service for Maternity Leave.

Assuming you intend to return to work the amount of contractual maternity pay receivable is as follows:

• for the first 8 weeks of absence, you will receive full pay, less any Maternity Allowance (including any dependants’ allowances) receivable
• for the next 18 weeks, you will receive half pay plus any Maternity Allowance (including any dependants’ allowances) receivable, providing the total receivable does not exceed full pay

To qualify for Maternity Allowance you must meet certain criteria in relation to how long you have worked prior to the expected date of pregnancy, and how much you have earned during this period.

Women who meet the qualifying conditions based on their recent employment and earnings record may claim Maternity Allowance from The Treasury, Social Security Division for up to 39 weeks. Maternity Allowance is payable whether or not you are entitled to maternity pay under your contract of employment.

You can claim Maternity Allowance through the General Benefits section at Markwell House. The claim should be made in or after the 14th week before your expected week of childbirth and must be accompanied by the maternity certificate (MAT B1) that you will receive from your GP or midwife.

If you are a member of a pension scheme, pension contributions will continue to be deducted from your pay during the period of paid Maternity Leave in the normal way.

However, no contributions will be taken during any period of unpaid Maternity Leave and this period will not count towards pensionable service.

Keeping in touch while you are on leave

You are not obliged to do any work whilst on Maternity Leave, but you can agree to attend for up to 10 Keeping In Touch (KIT) Days.

These can be a valuable way of easing your return to work and can be used to enable you to keep up to date with training and other events, in addition to doing your usual job. You must agree the arrangements with your manager who will keep a record of the days you work. You must not work during the first 2 weeks following childbirth.

If you work during any period of leave attracting Maternity Allowance then this entitlement will not stop. You will still be regarded as being on Maternity Leave. Any additional payment for Keeping in Touch Days will be paid on submission of an authorised claim form or you may be offered time off in lieu of payment. This should be agreed with your manager beforehand.

When to return to work

 It will be assumed that you will return to work at the end of your Maternity Leave entitlement (after 26 weeks if you are entitled to ordinary Maternity Leave or after 52 weeks if you are entitled to Additional Maternity Leave).

The actual date will be detailed in the letter sent to you by your manager (PSC Civil Servants) or from the Office of Human Resources (other terms and conditions) about your Maternity Leave.

If you decide you want to return earlier than this date you must give 28 days notice of the date you would like to return.

You must take a minimum of 2 weeks compulsory Maternity Leave following the birth of your baby.

Your original job

You are entitled to return to the same job on the same terms and conditions as though you had not been absent, unless a redundancy situation has arisen. However, if there is some reason why it is not reasonably practical for you to return to your original job, you are entitled to be offered suitable alternative work.

Change your return to work date

If you are unable to return to work because of sickness, you will need to produce a medical certificate. If you want to return to work before the end date as notified to you in the letter from OHR or your line manager (which will be the date your Additional Maternity Leave ends unless you did not qualify for this, in which case it will be the date your Ordinary Maternity Leave ends), you must provide 28 days’ notice of the date on which you intend to return.

Return to work part time

You have the right to return to your original job under your original contract and on no less favourable terms and conditions. However you also have the right to request flexible working.

You should approach your manager as early as possible to discuss what opportunities there may be for flexible working, preferably before commencing Maternity Leave.

There is some guidance on how to request flexible working (link to guidance). The Office of Human Resources is also available to offer you additional advice.

If you decide not to return to work

If you have decided not to return to work after your Ordinary Maternity Leave or Additional Maternity Leave period, you must confirm this in writing. The length of notice required will be stipulated in your contract of employment.

If you do not return to work after your Ordinary Maternity Leave or Additional Maternity Leave period, for at least 13 weeks, you will be required to repay some of your maternity pay.