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Policy and Procedures for Maternity and Adoption v1

Policy No: PP24a Version: 1.1

Name of Policy: Policy and Procedures for Maternity and Adoption

Effective From: 28/01/2013

Date Ratified 03/12/2012 Ratified Human Resources Committee Review Date 01/12/2014 Sponsor Director of Transformation and Compliance Expiry Date 02/12/2015 Withdrawn Date

This policy supersedes all previous issues.

Policy and Procedures for Maternity and Adoption v1.1 2

Version control

Version Release Author/Reviewer Ratified by/Authorised

by

Date Changes (Please identify page

no.)

1.0 18/12/2012 Coleen Knox / Elizabeth Storey

HR Committee 03/12/2012 Replaces PP24 v3 – now split into

PP24a and PP24b

1.1 28/01/2013 Coleen Knox/ Elizabeth Storey

Director of Transformation

and Compliance

25/01/2013 6.13 Insertion of clarification of

Keeping in Touch days


CONTENTS Page No.

1. Introduction .................................................................................................... 4 2. Policy scope ................................................................................................... 4 3. Aim of policy ................................................................................................... 4 4. Duties - roles and responsibilities................................................................... 4 5. Definition of terms .......................................................................................... 5 6. Procedures relating to maternity / adoption Leave ......................................... 7

6.1 Contractual rights ................................................................................. 7 6.2 Health, wellbeing, risk assessment and antenatal care ....................... 7 6.3 Steps to consider when applying for leave .......................................... 7 6.4 Notification ........................................................................................... 8 6.5 Information about leave ....................................................................... 8 6.6 Annual leave ........................................................................................ 10 6.7 Statutory payments & other entitlements ............................................. 10 6.8 Leave & pay for staff who intend to resume NHS employment

following maternity/adoption leave ....................................................... 11 6.8.1 Staff with at least 12 months continuous NHS service .............. 11 6.8.2 Staff with more than 26 weeks employment with the Trust

but less than 12months continuous NHS service ...................... 12 6.8.3 Staff with less than 26 weeks employment with the Trust ......... 13 6.8.4 Occupational pay spread over maternity/adoption pay period .. 13 6.8.5 Failure to return to work ............................................................ 13

6.9 Leave & pay for staff who don’t intend to resume NHS employment following maternity/adoption leave .................................. 14 6.9.1 Staff with more than 26 weeks employment with the Trust ....... 14 6.9.2 Staff with less than 26 weeks employment with the Trust ......... 14

6.10 Maternity and Adoption Leave / Pay Summary Chart .......................... 14 6.11 Staff who are unsure if they will resume NHS employment

following childbirth/adoption leave ....................................................... 14 6.12 Fixed term contracts ............................................................................ 15 6.13 Keeping in touch .................................................................................. 15 6.14 Returning to work ................................................................................. 16 6.15 Post natal care ..................................................................................... 16 6.16 Pensions .............................................................................................. 17 6.17 Salary sacrifice schemes ..................................................................... 17

7. Training .......................................................................................................... 18 8. Equality and diversity ..................................................................................... 18 9. Process for monitoring compliance with the policy ......................................... 18 10. Consultation and review ................................................................................ 18 11. Policy implementation .................................................................................... 18 12. References ..................................................................................................... 19 13. Associated Documents .................................................................................. 19 Frequently Asked Questions .................................................................................... 20 Appendices Appendix 1 Application for Maternity / Adoption Leave /Pay .................................. 24 Appendix 2 Pregnancy and Employment in the NHS – occupational

considerations guidance notes for managers ..................................... 26 Appendix 3 Maternity and adoption leave/pay flow chart ........................................ 30


1. Introduction Gateshead Health NHS Foundation Trust promotes a working culture and practices that promote equality, value diversity, and promote work-life balance. This policy sets out the provisions for leave and pay relating to both maternity and adoption. Members of staff can refer to this policy to enable them to understand both their statutory and contractual rights and entitlements, and therefore enable them to make appropriate and informed decisions. This policy encompasses the existing provisions of Agenda for Change: Terms and Conditions of Service and legislative rights, and it will be further amended and updated in the light of any future employment legislation.

2. Policy scope This policy applies to all members of staff who are pregnant or matched with a child by an adoption agency. This policy is intended as a guide and although every effort has been made to ensure its accuracy, nothing stated here can countermand the individual's legal entitlements, HM Revenue and Customs and Department of Work and Pensions regulations or the Agenda for Change: Terms and Conditions of Service agreements on Maternity / Adoption Leave and Pay.

3. Aim of policy

The aim of this policy is to explain the leave and pay arrangements relating to maternity, and adoption. It also aims to answer some of the questions commonly raised by members of staff. The policy also refers staff and managers to other sources of information to support members of staff who are pregnant, adopting, or returning to work after pregnancy or adoption.

4. Duties – roles and responsibilities

The Trust Board - is responsible for promoting a working culture and practices that promote equality and value diversity. In relation to this policy, they have a responsibility for promoting equality in relation to a range of protected characteristics under the Equality Act (2010), specifically pregnancy and maternity. The Chief Executive - is ultimately responsible for ensuring effective corporate governance, so that the Trust complies with its statutory duties. They therefore support the Trust-wide implementation of this policy. The Director of Transformation and Compliance – is responsible for ensuring that: • robust systems are in place to ensure all members affected by this policy are

treated fairly; • Trust maternity, adoption and maternity support (paternity) provisions comply

with legislation and good practice; • Members of staff and managers are aware of their rights and responsibilities

in relation to this policy and procedure;


• This policy and its associated procedures are monitored and reviewed to ensure they are effective.

Managers – are responsible for ensuring that: • Members of staff are aware of their entitlements as set out in this policy. • Decisions taken in relation to this policy are made fairly, and without

discrimination. • Risk assessments and appropriate actions are undertaken to identify any risk

to the health of the member of staff or their child. The Personnel Department - is responsible for providing advice and support on the application of this policy, and working with the Payroll Department to process changes to payment as necessary. The Payroll Department – is responsible for processing applications for Maternity or Adoption Leave, pay arrangements, and supporting the annual audit process for this policy. The Occupational Health Department – is responsible for providing specialist medical advice and supporting managers and staff who have concerns about any particular aspect of work, in order to promote the health and wellbeing of new and expectant mothers. Members of Staff - have a responsibility to ensure that they refer to, and follow the processes within this policy. Members of staff are expected to promote equality and not discriminate against colleagues on the grounds of a protected characteristic, specifically pregnancy and maternity.

5. Definition of terms

Adoption Leave – all employees are entitled to a maximum of 52 weeks adoption leave. AML – Additional Maternity Leave, the second 26 weeks of maternity leave and if taken, must follow immediately after OML. There cannot be a gap between the two types of maternity leave. ASPP – Additional Statutory Paternity Pay, eligible staff may be entitled to additional statutory pay dependent upon the entitlement of the mother or partner. Childbirth - Labour resulting in a live birth, or labour after at least 24 weeks of pregnancy. Compulsory Maternity Leave - a period of 2 weeks from the date of childbirth during which the member of staff may not work for health and safety reasons. EDC - Expected date of childbirth, which is the expected date of childbirth quoted on the member of staff’s MATB1. EWC – Expected Week of Childbirth – the week starting on a Sunday in which your baby is due.


Given Birth – is defined in the regulations as delivered a living child or, after 24 weeks of pregnancy, a stillborn child. KIT – Keeping in Touch Days - Voluntary attendance at work during the employee’s maternity leave. To enable staff to keep in touch with developments at work, nearer the time of their return, to help facilitate their return to work. MA – Maternity Allowance, which may be available to help a member of staff through her pregnancy if she is not entitled to SMP. Details of current rates can be obtained from the Dept for Work and Pensions or HMRC. MAP – Maternity Allowance Period – the continuous period of up to 39 weeks in which you can be paid MA. MAT B1 - Maternity certificate confirming the expected date of childbirth (available from GP or midwife around the 20th week of pregnancy). Maternity Leave - a maximum of 52 weeks' maternity leave, which should normally commence no earlier than 11 weeks before the EDC and must extend to at least 2 weeks after the birth. This would normally consist of 39 wks during which a combination of OMP/SMP will be paid, followed by 13 wks unpaid AML, depending upon qualifying NHS service. Maternity Support – the general heading used in this policy to refer to pay and leave arrangements for staff seeking to support a wife, partner or civil partner who gives birth or adopts a child. Matching Week – this is the week when the adoption agency told the employee that they have been matched with a child. For SAP purposes this is Sunday to Saturday. New or expectant mother – A member of staff who is pregnant, who has given birth within the previous 6 months, or who is breast-feeding. OAP – Occupational Adoption Pay - Employees with at least 1 year’s continuous service (i.e. without a break of 3 months or more) with the NHS by the end of the week Matching Week will be entitled to paid leave. OML – Ordinary Maternity Leave, the first 26 weeks of maternity leave and may begin any time from 11 weeks before the EWC up until the birth itself. OMP – Occupational Maternity Pay. Employees with at least 1 year’s continuous service (i.e. without a break of 3 months or more) with the NHS by the 11th week before EWC will be entitled to up to 26 weeks paid maternity leave QW – Qualifying Week. This is the 15th week before the baby is due. SAP Statutory Adoption Pay, the rates of which are determined by the Department for Work and Pensions. Details of current rates can be obtained from the Dept for Work and Pensions or HMRC.


SMP - Statutory Maternity Pay, the rates of which are determined by the Department for Work and Pensions. Details of current rates can be obtained from the Dept for Work and Pensions or HMRC. SMP1 – this is the form you will be given if you do not qualify for SMP.

6. Procedures relating to Maternity and Adoption

6.1 Contractual rights During maternity and adoptive leave, (paid and unpaid), staff retain all of their contractual rights except remuneration. See 6.17 Returning to Work for full details.

6.2 Health and wellbeing, risk assessments and antenatal care In order to ensure their health and wellbeing, pregnant members of staff should notify their manager as soon as practically possible. As soon a manager is aware that an employee may be pregnant, they have a responsibility to actively consider and manage any health and safety issues. Pregnancy should not be equated with ill health, however some hazards at work may affect the health and safety of “new and expectant mothers”. All hazards should be assessed for their level of risk at regular intervals and these will include hazards for new and expectant mothers. Once a manager has been informed that a member of staff employee is pregnant, then the hazards should be reconsidered using the risk assessment form specifically designed for this purpose. This process should also be carried out for new or breast-feeding mothers. Antenatal care: All pregnant members of staff are entitled to reasonable paid time off to attend antenatal classes. Antenatal classes may include medical examinations, diagnostic medical scans, relaxation classes and parent craft classes. This leave is regardless of length of service or hours worked and is subject to the following requirements: • an appointment card or similar documentation showing an

appointment has been made • be able to demonstrate appointment is made on the advice of a health

practitioner Members of staff should apply to their line manager for time off on each occasion and should request such time in advance of the appointment. Information about conducting Pregnancy Risk Assessments is available from the Occupational Health Department, and further guidance is attached in the Appendices of this policy.

6.3 Steps to consider when applying for leave and pay There are some important steps that may help staff who are planning their arrangements relating to maternity or adoption. A maternity and adoption flow chart can be found in Appendix 2 of this policy. If members of staff have any queries about completing the application process or understanding


entitlements under this policy, they should contact their link Assistant Personnel Manager for advice. • Decide whether or not you wish to return to work after the baby is

born, or the child is placed, and consider whether there remains any doubt as to whether you will be able to return.

• Discuss with your manager and/or Personnel Department your

entitlement to Maternity or Adoption leave and pay. • At the end of the 15th week before the EDC, or within 7 days of being

notified of a match by the Adoption Agency, fill in the appropriate part of the application form (Appendix 1) and take it with your MAT B1 certificate, or evidence of a match having been made to your manager. This should not be delayed even if you are unable to obtain a MAT B1 certificate by this time.

• Decide if you wish to have your Occupational Maternity Pay averaged

over the length of your maternity pay period (max 39 weeks). See 6.8.4 below for more information.

6.4 Notification

When a member of staff notifies their manager that they are pregnant, the manager will in turn refer them to this policy.

• Maternity: Before the end of the 15th week prior to the EWC, a

member of staff who is pregnant is required to formally notify their manager of their intention to apply for maternity entitlements by submitting a completed application form (attached as Appendix 1). If the member of staff subsequently wishes to change the date from which she wishes her leave to start, she should notify her Manager at least 28 days before leave is due to commence. The 15 weeks notice requirements will be waived in circumstances where leave is triggered by childbirth or the individual is no longer fit enough to continue working to the planned date.

• Adoption: A member of staff who intends to apply for adoption leave

must formally notify their manager by submitting a completed application form (attached as Appendix 1) as soon as they are advised by their Adoption Agency that a match has been made. This notification must be within 7 days of being informed of the match by the adoption agency. However, it is recognised that there is no guarantee that the placement will be made at the date indicated on the original notification.

6.5 Information about Leave

Maternity: All pregnant employees are entitled to 26 weeks Ordinary Maternity Leave and 26 weeks Additional Maternity Leave whether or not they qualify for SMP or MA. Additional Maternity Leave starts immediately after Ordinary Maternity Leave so women have 52 weeks maternity leave in total.


A woman must take, as a minimum, 2 weeks compulsory leave starting from the date of the birth. Adoption: All members of staff are entitled to 52 weeks adoption leave (26 weeks Ordinary Adoption Leave and 26 weeks Additional Adoption Leave). Dependent on length of NHS service, there will be entitlement to paid adoption leave for staff wishing to adopt a child who is below the age of 18 and is newly placed for adoption. This will be available to staff wishing to adopt a child who have primary caring responsibilities for that child. Joint adopters will need to choose which of them takes the adoption leave. If both adopters are employed by the Trust and both have the requisite 12 months continuous NHS service, the leave and pay may be shared. One parent should be identified as the primary carer and be entitled to the majority of the leave. The partner of the primary carer may be entitled to maternity support or additional paternity support Leave date: Members of staff must provide the date upon which maternity or adoption leave is due to commence, using the following information: • Maternity: A certificate (MAT B1) from her General Practitioner or

Registered Midwife indicating the EDC. The MAT B1 must be forwarded to the Personnel Department no later than 28 days before the commencement of maternity leave, except where leave commences due to childbirth, or the member of staff is no longer fit enough to continue working up to the planned maternity leave commencement date.

• Adoption: Confirmation of the match as issued by the Adoption

Agency. Notification should be as soon as possible, and within 7 days of the match being confirmed by the Adoption Agency.

Commencing Leave: • Maternity: Maternity Leave may commence at any time between the

beginning of the 11thh week before the EWC and the EDC. However, for staff wishing to continue working beyond the 11th week before the EWC a risk assessment must be carried out, which may include referral to the Occupational Health Department to ensure that the member of staff is fit for work.

Maternity leave must begin no later than the EDC itself. If the member of staff works in the actual week of childbirth, she is entitled to payment in respect of the work completed and her maternity leave will begin on the actual day of childbirth. • Adoption: Adoption Leave and pay can commence on a pre-

determined date no earlier than 14 days before the expected date of placement and no later than the date of placement.


6.6 Annual Leave Annual leave will continue to accrue during maternity/adoption leave whether paid or unpaid At present staff are only allowed to carry forward a maximum of 5 days leave into the following leave year, subject to approval from their line manager. Therefore it is important for those staff who intend to take maternity leave overlapping into the following leave year, take their annual leave prior to commencing their maternity leave. Any member of staff who has planned to take annual leave and the baby arrives prematurely, the line manager should look sympathetically at allowing the member of staff to take all outstanding annual leave, prior to their return to work.

6.7 Statutory Payments and Other Entitlements There are different qualifying criteria for statutory payments, allowances and other entitlements. Information on statutory payment rates and limits is available on HM Revenue and Customs website (www.hmrc.gov.uk) Statutory Maternity Pay: SMP can be paid for a maximum period of 39 weeks. The amount of SMP you get depends on how much you earn. You are entitled to receive SMP if: • you have worked for the Trust for 26 consecutive weeks by the 15th

week before your EWC (known as the qualifying week); • and you have average weekly earnings during the 8 weeks prior to the

qualifying week, above the Lower Earnings Limit ***; • and you are still pregnant at the 11th week before your expected week

of confinement. Statutory Maternity Allowance: If you are not eligible to receive SMP, you may be able to obtain Statutory Maternity Allowance. SMA can be paid for up to 39 weeks. Payment depends on: • the level of your National Insurable Earnings. • the Payroll Department will issue you with a form SMP1 which will tell

you why you are not entitled to SMP, and how to claim Maternity Allowance.

Statutory Adoption Pay: You are entitled to receive SAP if: • you have worked for the Trust for 26 consecutive weeks ending with

the week in which you are notified of the match; and • have average weekly earnings during the 8 weeks prior to the

qualifying week, above the Lower Earnings Limit *** Combined Statutory & Occupational Payments: If you are entitled to Occupational Maternity / Adoption Pay, then the amount of SMP/SAP due will be included in the full rate of OMP/OAP payment. When OMP/OAP changes to half rate, then SMP/OAP will be paid in addition.


Note - the total of occupational and statutory payments cannot exceed full pay rate. Returning to work: Your return to work may affect statutory entitlements. If you are returning to work (even to take annual leave) before the end of the 39 weeks for which SMP/SAP is payable, your entitlement to these payments will end. Other entitlements: • During this period, you may also qualify for free prescriptions and free

dental charges. You should apply to the Contractor Services Agency based at Bede House, All Saints Business Centre, Newcastle (Tel: 0191 2196220) for the necessary exemption forms.

• If you are not entitled to SAP then other benefits may be payable to

you, such as income support. The Department for Work and Pensions at your local Job Centre will be able to advise you on these entitlements.

• There are occasions when members of staff are entitled to other

statutory benefits/allowance. Information about all statutory maternity/adoption and maternity support (paternity) rights can be found using the following links:

http://www.direct.gov.uk/lifeevent/benefits/statutory_maternity_pay.asp 13 www.hrmc.gov.uk

6.8 Leave and pay for Staff who intend to resume employment in the NHS following Maternity / Adoption Leave

6.8.1 Staff with at least 12 months continuous NHS Service

Ordinary Maternity or Adoption Leave: If you have at least 12 months continuous NHS service at the beginning of the 11th week before your expected week of childbirth, or in cases of adoption ending with the week in which you are notified of having been matched with a child; and intend to return to work for a minimum period of 3 months you are entitled to a period of 52 weeks leave. The first 26 weeks of this is ‘ordinary maternity/adoption leave’, and your entitlement to pay under the NHS contractual maternity/adoption pay scheme is as follows: • For the first 8 weeks of absence, full pay (which includes

Statutory Maternity/Adoption Pay.) If SMP/SAP is not due then the amount of Maternity Allowance (including dependant’s allowance) will be deducted from full pay.

• For the next 18 weeks of absence, half pay, plus SMP/SAP or Maternity Allowance. In exceptional cases if this would exceed full pay the payments will be reduced to the level of full pay.


Additional Maternity/Adoption Leave: You are also entitled to an additional period of 26 weeks Additional Maternity/Adoption Leave. The period of Additional Maternity/Adoption Leave must follow immediately on from Ordinary Maternity/Adoption Leave. Your entitlement to Additional Maternity/Adoption Leave is: • For the next 13 weeks of absence, SMP/SAP or Maternity

Allowance from Department for Work and Pensions. • The final 13 weeks of absence are unpaid. In order to be eligible for paid maternity/adoption leave as outlined above you must: • Continue to be employed by the NHS until immediately before

the 11th week before the expected week of childbirth, or prior to the commencement of adoption leave.

• Notify the Trust in writing by completing Part A of the application form (Appendix 1). In cases of maternity, the Trust should be notified at least 15 weeks before the expected week of childbirth of your intention to return to work in the NHS for a minimum period of three months, and enclosing a MAT B1 certificate from a doctor or certified midwife giving your expected date of childbirth. In cases of adoption, the Trust should be notified as soon as is possible after the match is confirmed, but in any case notification should be within 7 days of the confirmation of the match.

• Take your maternity leave at any point from the 11th week prior to the expected week of childbirth up until the date of childbirth, or take your adoption leave at any point from the 14th day prior to the expected date of placement up until the date of placement.

6.8.2 Staff with more than 26 weeks and less than 12 months’

continuous service Members of staff with less than 12 months continuous NHS service at the beginning of the 11th week before your expected week of childbirth, but more than 26 weeks service with the Trust ending with the week immediately preceding the 15th week before the expected week of childbirth, or ending with the week in which they are notified of a match having been made by the Adoption Agency, are entitled to a period of 52 weeks of maternity/adoption leave. The first 26 weeks of this is ‘ordinary maternity/adoption leave’. Provided that you fulfill the necessary qualifying conditions outlined in this policy you will receive Statutory Maternity/Adoption Pay at the following rates: • 90% of average earnings for 6 weeks • The lower of 90% of average earnings or Statutory

Maternity/Adoption Pay for 20 weeks. Additional Maternity/Adoption Leave: You are also entitled to an additional period of 26 weeks Additional Maternity/Adoption Leave. The period of Additional Maternity/Adoption Leave must follow immediately on from Ordinary Maternity/Adoption Leave. Your entitlement to Additional Maternity/Adoption Leave is:


• Statutory Maternity/Adoption Pay, or Maternity Allowance for 13 weeks

• The final 13 weeks of absence are unpaid. In order to apply to return to work, you should complete Part B of the attached application form (Appendix 1) at least 15 weeks before your maternity leave is due to commence, or as soon as possible after being notified of a match by the adoption agency, and within 7 days of this notification.

6.8.3 Staff with less than 26 weeks service If you have been employed by the Trust for less than 26 weeks by the 15th week before the expected week of childbirth, or the week in which you are notified of a match having been made, you are entitled to a period of 52 weeks unpaid leave. You may also be eligible for Maternity Allowance from the DWP (see Section 6.7 of this policy).

6.8.4 Occupational pay spread over maternity/adoption pay period By prior agreement, the total amount of occupational maternity/adoption pay can be paid in equal installments over the length of the maternity/adoption pay period (up to a maximum period of 39 weeks) Statutory payments cannot be made in the same way, they must be made when they are due, in accordance with HMRC regulations. Therefore, the effect of this will be that you will not receive the same pay each month. Your total gross pay for the first 8 weeks will be lower than the remaining paid weeks of your absence. If you choose to have your occupational maternity/adoption pay paid in this way, you must indicate this in your application form. This cannot be changed once your maternity/adoption leave has commenced.

6.8.5 Failure to Return to Work If you have notified your Manager of your intention to return to work for the same or a different NHS employer as discussed above and you fail to do so within 15 months of the beginning of your maternity or adoption leave, you will be liable to refund the whole of your Occupational Maternity/Adoption Pay, less any Statutory Maternity/Adoption Payments received. Where a member of staff does not return to work as planned as a result of sickness, normal sick leave provisions will apply. The management of this process should be in line with the Trust’s Managing Attendance Policy (PP11).


6.9 Entitlements for staff who do not intend to resume employment in the

NHS after childbirth or placement

6.9.1 Staff with more than 26 weeks service: If you have been employed by the Trust for more than 26 weeks by the 15th week before your EWC, or ending with the week in which you are notified of the match in cases of adoption, and you do not intend to return to work after, you may be entitled to receive SMP or SAP at the following rates. You must fulfill the necessary qualifying conditions outlined in this policy: • 90% of average earnings for 6 weeks • The lower of 90% of average earnings or SMP/SAP for the

remaining 33 weeks.

6.9.2 Staff with less than 26 weeks service: If you have been employed by the Trust for less than 26 weeks at the 15th week before your EWC and do not intend to return to work in the NHS after childbirth or placement, you are not entitled to SMP or SAP but you may be eligible for MA, or other forms of benefits (see Section 6.8 of this policy). Resignation: If you have in excess of 26 weeks continuous service and wish to stop working prior to the 14th week before your childbirth, or prior to the commencement of adoption leave, which can begin at the earliest 14 days prior to the expected date of placement, then your termination will be a resignation with no entitlement to maternity pay. You should therefore notify your manager of your resignation in writing, giving the appropriate period of notice.

6.10 Maternity and Adoption Leave / Pay Flow Chart:

A flow chart summarising entitlements to leave and pay can be found in appendix 3.

6.11 Staff who are unsure whether or not they wish to return to NHS

employment after childbirth/adoption If you would like to retain your option to protect your job but there is some doubt as to whether you will be able to return, providing you have the necessary qualifying continuous NHS service of 12 months at the beginning of the 11th week prior to your expected week of childbirth, or ending with the week in which you are notified of the match, you will be entitled to receive 39 weeks Statutory Maternity/Adoption Pay paid at the rate of: • 90% of average earnings for 6 weeks • The lower of 90% of average earnings or SMP/SAP per week for 33

weeks. In the event of your returning to work within the appropriate time period linked to your length of service in the NHS for a period of not less than 3 months, the Trust will pay you the balance of maternity/adoption pay to which you would be entitled as outlined in section 6.9 above.


If you wish to select this option, you should complete Part B of the application form at the end of this policy at least 15 weeks before the expected week of childbirth in cases of maternity, or as soon as possible after being notified of a match be the adoption agency in cases of adoption. In any case this notification should be within 7 days of being notified by the agency. Your manager will authorise and forward the application, MAT B1 certificate, or proof of the match from the Adoption Agency, to the Personnel Department for processing.

6.12 Fixed term contracts:

There are different arrangements for members of staff on fixed term or training contracts.

• Maternity: Members of staff employed on fixed-term or training

contracts which expire after the eleventh week before the EWC, and who satisfy the conditions set out in section 6.4 notification shall have their contracts extended so as to allow them to receive up to 52 weeks, including paid contractual and statutory maternity pay, and the remaining 13 weeks of unpaid maternity leave.

• Adoption: Members of staff subject to fixed-term or training contracts

which expire after the 14th day prior to the expected date of placement, and who satisfy the conditions set out in section 6.4 notification, shall have their contracts extended so as to allow them to receive the 52 weeks, including paid contractual and statutory adoption pay, and the remaining 13 weeks of unpaid adoption leave.

Repayment provisions: If there is no right of return to be exercised because the contract would have ended if pregnancy/adoption and childbirth/placement had not occurred, the repayment provisions set out in 6.8.5 Failure to Return to Work, will not apply. For example, a member of staff is employed on a fixed term contract and this contract is due to end prior to the end of the maternity/adoption leave period.

6.13 Keeping in touch

Before going on Maternity/Adoption Leave staff should discuss and agree with their Manager any voluntary arrangements for keeping in touch during maternity/adoption leave, including:

• Any voluntary arrangements that you may find helpful to help you keep

in touch with developments are work and, nearer the time of your return, to help facilitate your return to work

• Keeping your manager up-to-date with any developments that may affect your intended date of return to work.

• Up to ten ‘Keeping In Touch’ days may be taken during the period of maternity/adoption leave without bringing that leave to an end. These days are intended to keep staff informed and involved in developments in the workplace throughout their maternity leave period, and should not therefore be taken in block, (for example two weeks together at the


end of the period). However, they must not take place in the two weeks of compulsory maternity leave immediately following childbirth

• Payment for KIT days will be at the employee’s basic rate for the hours worked, less any maternity / adoption leave payments for that day

Your Manager will send you copies of the Trust vacancy bulletin and details of relevant training opportunities taking place during your maternity/adoption leave. If you do wish to attend a training event during your maternity/adoption leave please contact your Manager to discuss whether it is appropriate for you to attend. The Personnel Department can advise your Manager on this as per the Education, Training and Development Policy.

6.14 Returning to work

Should you wish to take annual leave following your Maternity/Adoption Leave, you are deemed to be back at work and your maternity/adoption leave will cease. It is important that your manager notifies the Personnel Department so that you can be paid for your annual leave Members of staff who have exercised their right to maternity or adoption leave have the right to return to their original contract on terms and conditions of service no less favourable than if they had not been absent. This does not necessarily mean exactly the same post, but if for any reason this is not possible, you will be entitled to return to reasonable, suitable alternative employment. Returning on flexible working arrangements - prior to your return to work if you would like to change your working pattern or hours, you must raise this formally, in writing to your manager at least 28 days prior to your return to work. Any such change is subject to the exigencies of the service and is granted at the discretion of the Trust. The Trust’s Flexible Working Policy (PP18) provides details about how staff can apply. Returning to work early - if you wish to return to work prior to the expiry of your maternity/adoption leave period, you can do so – provided you give your manager a minimum of 28 days written notice of your proposed return date. In such circumstances, the Trust reserves the right to refer you to the Occupational Health Department to assess your fitness to return to duty. The manager and the member of staff will discuss the process for returning to work, including the need to consider whether any support or training will be necessary for them to feel confident and competent in their role, or whether medical clearance will be necessary for any aspect of the role to which they are returning after a long break.

6.15 Post natal care Members of staff who have recently given birth are entitled to paid time-off for post-natal care e.g. attendance at health clinics. All requests for time-off for postnatal care are subject to the prior approval of the manager. Members of staff should make a request to their line manager, with as much notice as possible to allow appropriate arrangements to be made to cover


any work in the Department. Requests should be supported by an appointment card, or some other document showing that an appointment has been made. Breastfeeding on return to work: The Trust has a duty under health and safety to provide breast-feeding women with suitable rest facilities. The Health and Safety Executive also encourages employers to provide breastfeeding staff with suitable access to a private room to express and store milk. Members of staff should contact the Occupational Health Department for further advice.

6.16 Pensions Pension rights and contributions will be dealt with in accordance with the provisions of the NHS Pension Scheme. Pension contributions will be deducted from maternity/adoption payments as normal. During periods of unpaid maternity/adoption leave contributions are still payable and will accrue. These contributions will be deducted from salary when the employee returns to work, over a period equivalent to the amount of unpaid leave taken. For example, three months unpaid leave will amount to deductions from salary over the first three months following the employee’s return to work. The pension contributions due on any period of unpaid leave are calculated based on the pay received on the last day of paid leave before unpaid leave commences. Please note, these deductions are in addition to the contributions payable by the employee from the date they return to work. More information can be found on NHS Pensions website or staff can contact the Pensions Officer in Payroll.

6.17 Salary Sacrifice Schemes There are implications for pregnant employees and those staff wishing to take adoption leave if they are participating in a salary sacrifice scheme. In accordance with AfC Terms & Conditions and HMRC regulations, maternity/adoption pay is calculated using the “average weekly earnings” during the qualifying period, which is weeks 17-25 of pregnancy or the 2 months pay prior to the Saturday of the adoption matching week. For the purpose of calculating maternity/adoption pay, the lower salary (after all salary sacrifice deductions) will be used. If you have a salary sacrifice in place during this period, this will have a direct impact on the level of maternity / adoption pay you will receive. If you decide to continue with the salary sacrifice while on maternity/adoption leave, Payroll will continue to make the salary sacrifice deduction from your salary every month whilst there is sufficient Occupational Pay. Salary sacrifice cannot be deducted from Statutory Payments. Once you go into SMP/SAP only, or no-pay, the benefit afforded through your salary sacrifice will continue.


Members of staff should therefore check the terms of their salary sacrifice arrangements for further details and contact Payroll, or their link Assistant Personnel Manager where necessary.

7. Training Members of staff receive information about this policy when they commence employment, as part of their induction process. The policy is also available on the Trust intranet site. Managers are responsible for ensuring all members of staff have access to information relating to maternity / adoption leave and of the correct process to follow when applying for these forms of leave. The Personnel Department are responsible for issuing briefings and communications to remind staff how they can access information about the policy. They also provide information and support to staff and managers on the application of this policy.

8. Equality and diversity The Trust is committed to ensuring that, as far as is reasonably practicable, the way we provide services to the public and the way we treat our staff reflects their individual needs and does not discriminate against individuals or groups on the grounds of any protected characteristics in accordance with the Equality Act (2010), specifically maternity or pregnancy. An equality analysis of this policy has been undertaken.

9. Process for monitoring compliance with the policy. This policy has been compiled in compliance with OP27 – Policy for the development, management and authorisation of policies and procedures. The application of this policy will be monitored by the Personnel Department who will undertake periodic audits of procedures in place for the processing of maternity and, adoption leave. Any member of staff who is dissatisfied with any decision made in respect of these arrangements has the right to raise this under the Trust Grievance Procedure, a copy of which is available on the Trust intranet site or available from the Personnel Department. Information about grievance is reported to the HRC which is a sub committee of the Trust Board.

10. Consultation and review This policy has been updated using information from a range of personnel staff who support staff and managers in the application of this policy. The views of managers and staff side representatives have been sought via the Joint Consultative Committee and Sub Committee (Policies and Procedures).

11. Policy implementation All members staff have a responsibility to ensure that they are aware of Trust policies in relation to their employment, and that they act in accordance with these at all times.


12. References

Agenda for Change Terms and Conditions of Service – Section 15 & 35 Equality Act (2010) HM Revenue and Customs website (www.hmrc.gov.uk). Management of Health & Safety at Work Regulations (1999) Department for Work and Pensions http://www.dwp.gov.uk/ NHS Pensions http://www.nhsbsa.nhs.uk/pensions

13. Associated documentation Trust Policies: PP18 – Flexible Working Policy PP9 – Authorisation of Leave PP11 – Managing Attendance Procedure


FREQUENTLY ASKED QUESTIONS GENERAL QUESTIONS 1 WHEN DO I START MY LEAVE? If you are taking maternity leave, anytime between 11 weeks prior to the expected

date of childbirth and the expected date of childbirth. the latest date your maternity leave period may commence is the date of childbirth itself.

If you are taking adoption leave, no earlier than 14 days prior to the placement of the child, and no later than the day of the placement.

2 WHEN DO I RETURN TO WORK AFTER MY LEAVE? If you choose not to take additional maternity/adoption leave, then you must return to

work at the end of the ordinary maternity/adoption leave period of 26 weeks. If you choose to take additional maternity/adoption leave following ordinary maternity

leave you may return at any time prior to the expiry of 52 weeks of maternity leave. Prior to returning to duty, you must give at least 28 days notice in writing of the date you wish to return. Once given that date is binding.

3 CAN I RETURN TO WORK AT REDUCED HOURS? When you take maternity/adoption leave, you normally return to work for the same

number of hours as when you left. However, you may request a change in hours and discuss this with your manager. Any change in hours is subject to the exigencies of the service and is granted at the discretion of the Trust but should not be unreasonably refused. The Trust’s Flexible Working Policy (PP18) provides details on how to apply.

4 WILL I GET THE SAME JOB BACK WHEN I RETURN (MATERNITY AND

ADOPTION)? On your return to work you will be employed under your original contract on terms and

conditions no less favourable than if you had not been absent. This will not necessarily mean the same post but, if not, it will be reasonably suitable alternative employment. You cannot choose more favourable conditions unless this is agreed by the Trust.

5 CAN I HAVE TIME OFF WORK TO ATTEND ANTE-NATAL CLINICS? You have the right not to be unreasonably refused paid time off work to attend

antenatal clinics. Apart from the first appointment you may be required to provide proof to your manager of the appointment and you should always request the time off in advance. This right does not depend on the number of hours worked per week nor on the length of service.

Ante-natal care may also include relaxation and parent-craft classes. This right applies to staff intending to take maternity leave, and there are equivalent provisions for adoptive parents to attend official meetings relating to the adoption.

6 WHAT HAPPENS IF I AM ILL ON THE DAY I AM DUE TO RETURN FROM

LEAVE?


If you find you are unable to return to work on the due date because of illness,

provided you submit a medical certificate effective from the date you were due to return, you will be entitled to sick leave in accordance with the normal sick leave provisions.

7 WHAT HAPPENS TO MY ANNUAL LEAVE AND INCREMENTAL DATE DURING

MATERNITY/ADOPTION LEAVE?

Annual leave will continue to accrue during both paid and unpaid periods of maternity/adoption leave. Remember that annual leave must be taken within your normal annual leave year and an exceptional carry-over of leave to the following leave year will not be approved when the request is based only on the maternity/adoption leave. Your incremental date will not be affected by any periods of either paid or unpaid maternity/adoption leave.

8 ARE PENSION CONTRIBUTIONS PAYABLE DURING MATERNITY/ADOPTION

LEAVE? If you normally pay pension contributions you will continue to do so for the full period

of maternity/adoption leave and the Trust will continue to pay the employer’s contribution. Pension contributions due for the unpaid part of maternity/adoption leave will be recovered over a reasonable period after your return to work. If you are not returning to work you may, in certain circumstances, be entitled to apply for a refund of contributions and should contact the Trust’s Pensions Officer based in the Payroll Section, to check on your eligibility.

9 WHAT HAPPENS IF I AM UNABLE TO RETURN TO WORK?

If you have notified your Manager of your intention to return to work for the same or a different NHS employer and you fail to do so within 15 months of the beginning of your maternity/adoption leave, you will be liable to refund the whole of your maternity pay, less any Statutory Maternity/Adoption Pay received. Where an employee does not return to work as planned as a result of sickness, normal sick leave provisions apply. The management of this process should be in line with the Trust’s current Sickness Absence Policy (PP11).

10 DOES THE TRUST HAVE ANY CHILD-CARE FACILITIES?

The Trust operates a Day Nursery on the Queen Elizabeth Hospital site for children aged from 6 weeks to 5 years. The Nursery is open Monday to Friday (except Bank Holidays) from 7 a.m. to 6.30 p.m.

Salary Sacrifice schemes are available for both Day Nursery fees and Child Care Vouchers. Further details are available from the Staff Child Care Co-ordinator on ext 2343.


11 WHAT IS PARENTAL LEAVE? Parental leave is a statutory entitlement and is for the purpose of looking after a

child or making arrangements for the child’s welfare. It is separate from Maternity / Adoption leave and can be taken by parents/employees who have nominated caring responsibility for a child under age 14 (18 years in the case of a child with a disability), and have completed one year’s qualifying service with the NHS by the time they wish to take parental leave. Parental leave is unpaid. Further information can be found in the Authorisation of Special Leave Policy (pp9).

MATERNITY SPECIFIC QUESTIONS 13 WHAT HAPPENS IF YOUR BABY IS STILLBORN OR YOUR BABY DIES? If you have a stillbirth after the 24th week of pregnancy, you will be entitled to the

same amount of maternity leave and pay as if your baby was born alive. If a baby is born alive but survives for an instant, it is a live birth whenever it is born and the rules for a live birth will apply.

Where an employee has a miscarriage before the 25th week of pregnancy normal sick

leave provisions will apply as necessary. 14 WHAT HAPPENS IF I THINK THE DEMANDS OF MY JOB ARE AFFECTING MY

OWN OR MY BABY'S HEALTH As a health care worker, you may be exposed in the course of your duties to certain

environments that you would not normally encounter in everyday life. It is therefore in your own interest (and those of your baby) to inform the Occupational Health and Safety Department and your manager of your pregnancy (or your intended pregnancy) as early as possible. The Occupational Health and Safety Department will then ensure that suitable measures are taken to review your particular occupational circumstances and advise you and your manager of any measures which may need to be taken to protect you and your baby during your pregnancy.

15 IF I AM ON SICK LEAVE BECAUSE OF THE PREGNANCY BEFORE MY

MATERNITY LEAVE STARTS IS THIS DEDUCTED FROM MY MATERNITY LEAVE?

No. Sick leave relating to the pregnancy and taken prior to maternity leave starting is

treated as normal sick leave provided it is covered by a medical certificate. No reduction on the period of maternity leave is made because of this. However, if you are absent wholly or partly due to pregnancy after 4 weeks before your expected date of childbirth, your maternity leave period will normally start at that time. Odd days of pregnancy related illness during this period may be disregarded if you wish to continue working up to the maternity leave start date you previously notified to your manager.

If however the illness is not related to your pregnancy, you will not be required to start

your maternity leave.


16 WHAT HAPPENS IF I AM NOT ELIGIBLE FOR MATERNITY ALLOWANCE? A married woman who has retained her option to pay the reduced rate of Class 1

National Insurance contributions is deemed for the purposes of maternity leave to be in receipt of the full rate of National Insurance benefits which would have been received had she not elected to pay the reduced rate contributions. Payments will therefore be subject to an appropriate 'notional' adjustment.

ADOPTION SPECIFIC QUESTIONS 17 WHAT HAPPENS IF I AM NOT ELIGIBLE FOR STATUTORY ADOPTION PAY? If you do not meet the qualifying criteria for statutory adoption pay then you may be

eligible for other forms of benefits, such as Income Support, and you should contact your local Jobcentre Plus who will be able to advise you about your entitlements.

18 CAN I HAVE TIME OFF WORK TO ATTEND MEETINGS RELATING TO MY

ADOPTION?

Reasonable paid time off to attend official meetings in the adoption process will be granted. Your manager will need to see evidence of the meetings and reasonable notice should be given.


APPENDIX 1 APPLICATION FOR MATERNITY/ADOPTION LEAVE/PAY SURNAME: ……………………………………….. TITLE: …………….………............... FORENAMES: ………………………………… EMPLOYEE NO: ….…………………………. HOME ADDRESS:……………………………………………………………………...…………………… HOSPITAL/DEPARTMENT:.….……………………………………………….………………………… JOB TITLE: ……………………………….…………………………………………………….. DATE OF APPOINTMENT: (to Gateshead Health NHS FT) ……………………………………….. DATE OF CONTINUOUS NHS SERVICE: (ask your manager to confirm date) ……….………. FULL/PART TIME: …………….………. NUMBER OF HOURS: (if part time) ……………………. EXPECTED DATE OF CHILDBIRTH: ………………………………………………………………….. MATERNITY LEAVE REQUESTED: From: ……………….…To: ……..….……….. (Paid) (Where applicable) From: …….………..…To: ……….………… (Unpaid) PLEASE SIGN EITHER A, B, C OR D A I wish to apply for ordinary maternity/adoption** leave as I intend to continue in the service

of the National Health Service for a minimum period of three months after expiry of my maternity leave. **I enclose a certificate/will forward when available a certificate (MAT B1) of expected date of childbirth from a Registered Medical Practitioner/Certified Midwife giving the expected date of childbirth/proof of match from the Adoption Agency.

In the event of my failing to return to work in the NHS for a three month period, after the

expiry of my maternity/adoption leave I undertake to repay, on demand, any monies I have received in excess of the weeks to which I am entitled under the Employment Protection (Consolidation) Act 1978 as amended. I also agree to reimburse the Trust the full amount of Employer’s National Insurance Contributions for the period of paid leave.

Occupational maternity/adoption pay to be paid in equal instalments (see 6.8.4) Yes / No ** **Delete as necessary. Signed: ______________________________ Date: _________________________ B I wish to apply for Statutory Maternity/Adoption** Leave only and wish to retain the right to

return to work.

In the event of returning to my post within the stated time limits after my date of childbirth for a minimum period of three months I understand that the Trust will pay me any monies to which I may be entitled under the Agenda for Change Maternity/Adoption Provisions of Service.

**I enclose a certificate/will forward when available a certificate (MAT B1) from a Registered Medical Practitioner/Certified Midwife giving the expected date of childbirth/proof of match from the Adoption Agency ** Delete as necessary.

Signed: ____________________________ Date: ________________________


C I have no entitlement to Statutory Maternity/Adoption** Pay but wish to apply for maternity

leave in accordance with Agenda for Change Maternity/Adoption Provision. **I enclose a certificate/will forward when available a certificate (MAT B1) of expected

date of childbirth from a Registered Medical Practitioner/Certified Midwife giving expected date of childbirth/proof of match from the Adoption Agency.

** Delete as necessary. Signed: _______________________________ Date: ________________________ D I do not intend to return to work after the birth of my baby and wish to apply for Statutory

Maternity/Adoption** Leave/Maternity Allowance. **I enclose a certificate/will forward when available a certificate (MAT B1) of expected

date of childbirth from a Registered Medical Practitioner/Certified Midwife giving expected date of childbirth/proof of match from the Adoption Agency

** Delete as necessary. Signed: _____________________________ Date: _________________________

TO BE COMPLETED BY LINE MANAGER/HEAD OF DEPARTMENT AND FORWARDED TO THE PERSONNEL DEPARTMENT.

COMMENTS (Please indicate if the taking of annual leave prior/following maternity/adoption leave has been agreed) _______________________________________________________________________ _______________________________________________________________________ Risk Assessment carried out on: _____________________________________________ Result of Assessment: _____________________________________________________ ________________________________________________________________________ Name:___________________ Signed: ______________________ Date: __________ Personnel Officer Copy of application form and certificate of expected date of childbirth (MATB1)/proof of

match to be sent to Personnel Department and then forwarded to Payroll Department by Personnel Officer.

Comments: ___________________________________________________________ Signed (Personnel Officer): __________________ Date sent to Payroll: ___________

Copies to: 1. Original to Payroll 2. Copy to Line Manager 3. Personal File


APPENDIX 2

PREGNANCY AND EMPLOYMENT IN THE NHS – OCCUPATIONAL CONSIDERATIONS

GUIDANCE NOTES FOR MANAGERS

INTRODUCTION

It is the aim of this document to provide managers with detailed information and guidance to enable them to offer comprehensive support and advice to any member of their staff who becomes pregnant during the course of their employment. This local guidance may be superseded by National guidance which the trust will follow on advice and agreement of the relative committees of the trust. As well as ensuring that employees are fully informed of their rights and entitlements to maternity leave and pay, it is the responsibility of both managers and employees to identify any potential hazards to the health of the employee and her baby which may be caused specifically by the working environment. To support managers in this process, this document gives advice to managers on how to deal with some of the potential hazards that exist for pregnant women in the NHS. All employees are advised to contact the Occupational Health and Safety Department as early as possible in their pregnancy. The Occupational Health and Safety Department will then ensure that suitable measures are taken to review the specific occupational circumstances that exist and advise of any measures which may need to be taken to minimise any potential risks. OCCUPATIONAL CONSIDERATIONS Pregnancy should be regarded as a state of good health and in order that it should remain so several factors may have to be considered. Any employee who becomes or who wish to become pregnant should be encouraged to contact the Occupational Health and Safety Department which will enable supervision/protection against potentially harmful external environments to be initiated as soon as effectively possible. It would not be reasonably practicable to exclude all pregnant women from tasks but, as an employer, we must ensure that where potential hazards exist the health of the employee is paramount. Apart from reinforcing their own G.P.'s advice on general health care e.g. dental care, suitable clothing and footwear, and the disadvantages of smoking/excess alcohol consumption, there are general guidelines which we should consider appropriate when dealing with specific hazards and pregnancy within the NHS. The following should be considered:- 1 RADIATION Medical radiation is broadly categorised into two types; a) ionising (from a practical point of view, X-Rays, Gamma Rays from

Radioactive Substances, and high frequency ultra-violet radiation), and b) non-ionising (microwaves, laser radiation, ultrasound, low frequency ultra-

violet radiation). Trust staff are unlikely to come into contact with any sources of non-ionising

radiation which present particular problems to the foetus (i.e. obeying staff safety

2

procedures will automatically protect both mother and child, e.g. in the use of lasers). Ultra-violet radiation is not penetrating enough to pass through the mother to the foetus and Trust staff are unlikely to come across this form of radiation through work and it is thus not considered here.

Practical advice is therefore given in two areas - X-Ray Examinations and

Nuclear Medicine (almost exclusively Gamma Camera Examinations). The foetus is slightly more sensitive to radiation than adults; the time between about 16 to 25 weeks gestation is the most critical in terms of radiation protection. The 'ALARA' principal is applied in Radiation Protection - Radiation Risks are kept as low as reasonably achievable. To this end, it is prudent to avoid any foetal exposure at all, even though the doses to other staff are very small notwithstanding. If pregnant staff always advise radiography staff of their condition then any accidental exposure will be avoided. The Radiation Protection Supervisors in X-Ray at the Queen Elizabeth Hospital should be contacted with any queries.

X-Ray Examination - Exposure of Staff is basically possible in two areas: a) Escorts to the X-Ray Department. For interventional tests (e.g. ERCP,

Angiography) staff need to be present around the patient when X-Ray beams are on - even though lead aprons are worn it is preferable for a pregnant member of staff not to escort these patients. It is perfectly permissible for pregnant staff to escort patients for most other X-Rays as staff leave the radiation area during exposure of the patient; very occasionally nursing staff leave the radiation area during exposure of the patient; very occasionally nursing staff will be asked to hold a difficult patient whilst the X-Ray is taken - under this circumstance the escort should point out that they are pregnant and they should not then be required to hold the patient - if sending a particularly difficult patient it may be wise not to send a pregnant escort if possible.

b) Portable X-Ray examinations. Radiographers advise other staff to stand

well clear whilst portable X-Rays (those done on the Ward) are carried out. Pregnant staff must obey such instructions.

Nuclear Medicine (Predominantly Gamma Camera Tests) - Very occasionally

a radioactive iodine capsule will be given to an in-patient to treat thyrotoxicosis - clear instructions will be given under these circumstances by the Medical Physics Department. The amount of radiation is not much greater than that involved in diagnostic tests, however it is preferable that pregnant staff do not perform any procedure with these patients that involves prolonged proximity e.g. bed-baths. More routinely, staff can be exposed to radiation in two ways - in escorting patients for examinations and from patients who have been given radioactivity and have returned to the ward. Radiation doses to staff here will be very small, but again it would be preferable for non-pregnant staff to escort patients and to perform any duties involving very prolonged close contact with the patient.

2 ANAESTHETIC GASES Research has indicated a possible relationship between the inhalation, over a

prolonged period, of waste anaesthetic gases and spontaneous abortion rates in those women regularly working in Operating Departments. Although Gateshead Health NHS Trust have complied with the DSS recommendations AC76 (38) by

3

installing scavenging equipment and improved ventilation in our Theatre Suites and Recovery Rooms it is recommended that staff should be employed only in areas of low pollution during the first three months of pregnancy. This particularly applies to the Anaesthetists and aides.

All female staff should be made aware of the risks associated with anaesthetic

gases if they are contemplating becoming pregnant and should seek advice from their Manager. Those employees exercising their right to remain in an at risk area, must sign a document stating that they have been properly advised.

3 CYTOTOXIC DRUGS

Animal studies have shown that at high doses many of these substances are carcinogenic and mutagenic and that some are teratogenic. The results of clinical studies by the Health & Safety Executive have failed to confirm earlier studies which suggested evidence which supported the absorption of the substances by health care workers. As a precautionary measure, it is advised that nurses who are attempting to conceive or who are in the first three months of pregnancy should definitely not be involved in the reconstitution or administration of cytotoxic drugs. The position for the later weeks of pregnancy still remains unclear, therefore, if an employee is to be excluded from this work throughout her pregnancy, this request should be given due consideration by Management. There is a Cytotoxic Drugs Policy which should be complied with at all times.

4 INFECTIOUS DISEASES Wherever possible, pregnant women should avoid exposure to infectious

diseases. Viral diseases present the greatest risk so far as the foetus is concerned. In the event of employees becoming pregnant, they should notify their immediate Manager and the Occupational Health and Safety Department in order that their environment can be assessed as to relevant safety.

If there is a perceived risk, staff should be advised and every effort should be

made to re-deploy the employee into an environment agreed by the Occupational Health Physician.

Those employees exercising their right to remain in the area must sign a

document stating that they have been advised of the perceived risk. Where redeployment is not possible then advice should be sought from the

Occupational Health Physician. 5 MANUAL HANDLING Most staff are capable of manual handling during the first few months of

pregnancy. After 20 weeks, this may become more difficult and work schedules may have to be revised to take this into account. The Manual Handling Loads Regulations 1990 and the Gateshead Health NHS Codes of Practice are available to Managers for guidance.

Where a pregnancy is at special risk (the pregnancy is not without problems)

then the employee, where reasonably practicable, should work in areas where little manual handling is required. If redeployment is not possible, the Manager should seek advice from the Occupational Health and Safety Department.

4

6 DEPARTMENT RISK ASSESSMENT

All managers must check their own Risk Register for any task which may be identified as having a potential risk in the conception, pregnancy and post partum periods. Management should then consider the impact on the individual(s) concerned and seek advice from the Occupational Health and Safety Department when the risk can not be managed down to a suitable level or addressed by safe working.

ST/JS/GL/ES/KLW May 2007 (updated Oct 2012)


APPENDIX 3 Maternity and Adoption Leave & Pay Entitlements

This chart is a summary guide to the maternity and adoption provisions relating to leave and pay contained within Sections 15 and 35 of Agenda for Change: Terms and Conditions of Service combined with Statutory Entitlements. Please refer to the main body of this policy for more detail.

NO

15 weeks before the baby is due or at the week in which you are notified of a match, will you have worked for this Trust continuously for 26 weeks or more?

You are entitled to 52 weeks unpaid leave. Use form SMP1 to claim Maternity Allowance, or you may be entitled to other benefits if adopting. Section 6.8.3 Plus you have the right to return to work under your original contract and on no less favourable terms and conditions

Do you wish to return to work after the birth of your baby/placement of your child?

Do you have 12 months NHS continuous service at the 11th week before your

expected week of confinement ?

YES NO

YES

You are entitled to 52 weeks leave, with payments as follows: 8 weeks @ full OMP/OAP (SMP/SAP included) 18 weeks @ half OMP/OAP plus SMP/SAP * 13 weeks @ SMP/SAP * 13 weeks unpaid leave *SMP/SAP rate is lesser of stand rate or 90% average earnings Section 6.8.1 Plus you have the right to return to work under your original contract and on no less favourable terms and conditions

You are entitled to 52 weeks leave, with payments as follows: 6 weeks SMP/SAP @ 90% of average earnings 33 weeks SMP/SAP @ the lesser of 90% average earning or standard rate of SMP/SAP. 13 weeks unpaid leave Section 6.8.2 Plus you have the right to return to work under your original contract and on no less favourable terms and conditions

You are entitled to SMP/SAP as follows: 6 weeks @ 90% of average earnings 33 weeks @ the lesser of 90% average earning or standard rate of SMP/SAP. Section 6.9.1

YES NO