Maternity
Guidance and information
This guidance provides helpful information regarding your entitlements, and what you need to do. It has been produced to guide you through your rights and obligations during pregnancy and to help you to plan for your Maternity Leave.
This guide does not affect your terms and conditions of employment which take precedence. If, after reading it, you have any questions that remain unanswered, please contact your HR Advisor at the Office of Human Resources.
Ordinary Maternity Leave (OML)
Under the terms of the Employment Act 2006, you are entitled to 26 weeks unpaid leave after your baby is born.
You must be given this leave regardless of the length of time you have been employed. You may be entitled to receive maternity pay from your employer during this period, according to your terms and conditions.
You may choose not to take the full allowance.
Additional Maternity Leave (AML)
You may be entitled to 26 weeks unpaid Additional Maternity Leave. To qualify for this, you must have worked for your employer for 26 weeks continuously by the 14th week before your expected week of childbirth.
So, if your baby is due in Week 40, you must have completed 26 weeks’ employment by Week 26 of your pregnancy. Additional Maternity Leave starts immediately after Ordinary Maternity Leave.
This unpaid OML and AML are also sometimes referred to as Statutory Maternity Leave.
When to start maternity leave
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.
How to notify
Staff member
- 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. - 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
- Discuss and agree arrangements for leave
- Input the Maternity Leave details into PiP via Manager Self Service
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.
Antenatal care
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.
Illness before or during Maternity Leave
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 or something happens to baby
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.
Expecting more than one baby
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.
Adopting a baby
There are set provisions in the PSC Civil Service Regulations and the Manual and Craft Workers Agreement for adoption leave.
Maternity leave and annual leave entitlement
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
Maternity Pay
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.
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
Maternity Allowance
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.
Pension contributions
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.
No contributions will be taken during any period of unpaid Maternity Leave and this period will not count towards pensionable service.
You may elect to buy-back periods of unpaid Maternity Leave. This must be done within 3 months of your return to work and the re-payment period is limited to 12 months from the date you return to work. Please contact the PSPA for more information or complete this enquiry form to find out more.
After your baby is born
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.
Learn more about KIT daysReturn to work
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.
Contacts and resources
Contact |
|
Your OHR Contact |
|
Staff Welfare |
+44 1624 687027 |
MEDS (Out of hours GP) |
Telephone your surgery as normal |
Accident and Emergency, Noble’s |
+44 1624 650040 |
Jane Crookall Maternity Unit, Noble’s |
+44 1624 650030 |
Neonatal Unit, Noble’s |
+44 1624 650035 |
Incapacity Benefits (Maternity Allowance) |
+44 1624 685108 |
+44 1624 685598 |