You have a right to return to work after your maternity leave. The earliest you can start your maternity leave is 11 weeks before your expected week of childbirth. If staff are a Special Class scheme member with the right to take their pension unreduced at age 55, they will no longer be subject to the current restrictions, called abatement, in the amount of work they are allowed to do before losing their pension between the ages of 55 and 60. Statutory maternity pay Read our guidance on the rules surrounding maternity pay and details of the allowances available. Nhs - not returning to work after maternity (10 Posts) Add message | Report. Should I be paid the same? If you continue to use this site we will assume that you are happy with it. NHS Employers offers NHS organisations a comprehensive range of events, seminars and conferences to share best practice, get informed and network with colleagues. No, unfortunately KIT days are by agreement between employer and employee. 8. Can they force me to cancel my annual leave and return to work early? Your employer can refuse KIT days if they are unable to offer you any work and you are entitled to refuse to work during your maternity leave if you don’t want to. You’ve been on maternity leave for 26 weeks or less You’re entitled to return to the same job after maternity leave if you’ve been away 26 weeks or less. If you are off sick for a pregnancy-related reason or on health and safety suspension or you have been furloughed because you cannot work during pregnancy, your employer can start your maternity leave automatically from 4 weeks before your expected week of childbirth. You will need to ensure you claim Universal Credit during the monthly assessment period in which your income is reduced during a Parental Leave period. Improving performance by improving staff wellbeing, Mental wellbeing in the workplace infographic. Make sure you know what these are and what to do if you have any problems or you're denied your rights. If you did not use up all your maternity leave and pay you may be able to take any untaken leave/pay as shared parental leave but you need to check eligibility carefully as it is very complex. no. Remember that holiday pay and Statutory Maternity Pay (but not Maternity Allowance) are treated as earnings when working out how much Statutory Maternity Pay or Maternity Allowance you could claim. Username. However, the Government has rejected calls for a range of measures to support pregnant women and new parents. Access the support available for NHS staff. Email: info@maternityaction.org.uk Deciding not to complete 3-month employment with the NHS following Maternity Leave . I also included other elements that I would have found beneficial when I was pregnant and returning to work, including: leave entitlements, maternity pay, financial advice, appraisal and revalidation, wellbeing, perinatal mental health and flexible working options. Should employees wish to work more than this, ordinarily it would end their statutory and contractual family-related leave and pay entitlements. If you’re in a position to help your employer out during this difficult period you can make arrangements to take annual leave at another time. There are two types, Statutory Maternity Pay (SMP) and Contractual Maternity Pay (CMP). My work are short-staffed as a result of coronavirus. REF NO. You can find more information on asking for part-time work or other changes to your days/hours of work here. The regulations do not specify how much you should be paid for working a KIT day so you must agree how much you will be paid with your employer. For more information on what you will be paid on furlough after maternity leave, see FAQs on furlough here. Have you been charged for NHS maternity care in England? ENTITLEMENT. This page provides information about maternity leave, paternity leave and maternity pay. This might, for example, include allowing an individual to take contractual paid leave in lieu of the weeks of family-related leave and pay that the employee gave up to support the NHS during the pandemic, at a later date. You may be eligible for Universal Credit if you or your partner take unpaid Parental Leave and your household income is reduced. I am on maternity leave and getting £151.20 per week but my colleagues are all off work on furlough and being paid 80% of their normal pay without having to work. Your employer can put you onto furlough before your maternity leave and pay starts. 13 Weeks Statutory Maternity Pay (£151.20) 13 Weeks Unpaid Do I qualify for NHS Occupational Maternity Pay? I intend to take 39 weeks off, but would like to return to job 2 asap. If you are returning to work during the pandemic your employer must take account of risks of infection from Covid-19 if your workplace has a higher risk of infection than outside the workplace and take reasonable action to remove the risks by altering your working conditions or hours of work or providing suitable alternative work. However, most may be returning to the pay band before they retired. Can my employer make me start my maternity leave early? You can see our blog on the Government response here. The purpose of the maternity leave policy is to detail the eligibility of employees to receive occupational NHS maternity pay. Occupational maternity pay. Charity reg. Maternity toolkit . Staff can work up to ten keeping in touch (KIT) days while on maternity or adoption leave, without bringing their maternity/adoption leave to an end. No, once your maternity leave ends you are officially back at work and your employer must treat you in the same way as other employees. For more information on your rights during maternity leave and return to work, see this. Notify your employer in writing that you intend to take maternity leave before the 15th week before your expected week of childbirth and that you intend to return to work after your maternity leave ends. We help bring out the best in them – no matter who they are or what they have been through. Maternity Pay their MATB1 will be returned to them along with a Statutory Maternity Pay Exclusion Form SMP1, which they should then submit to the Department of Work and Pensions, in order to claim state maternity allowance. The actual amount and the frequency should be confirmed by the employer. If your employer is temporarily asking employees to work from home, this will apply to you as well once your maternity leave has ended. Read our guidance on maternity leave entitlements for doctors across the UK working under the NHS scheme. The regulations also do not require your employer to pay for KIT days that are cancelled but if you have incurred any expenses you can ask your employer for reimbursement. Here’s our guide to paying back maternity if you do not return to work. 10. However, sometimes it’s just not practical to have exactly the same job (for example, if your role involved night shifts which you can’t do any more). My maternity leave has just ended and I’m on annual leave that was arranged some time ago. All staff who return to work in the NHS after retirement will be paid the substantive rate for their role. Hi, Does anyone know anyone who has paid back their NHS maternity pay instead of returning to work for the 3 months. Membership of the NHS Pension Scheme is voluntary, and staff can opt out if they wish. Your employer can put you on furlough during this period as they will be able to claim Government help towards 80% of your pay up to a maximum of £2500 per month. You must give at least 21 days’ notice to take Parental Leave. 52 weeks Unpaid Maternity Leave - Returning to work thereafter. You need to check eligibility for shared parental leave carefully as it is very complex. For more information see this. If you are not paid after the end of your maternity leave or your employer has refused furlough or flexible furlough because you have been on maternity leave, you may have a claim for unlawful deduction of wages and/or maternity discrimination. It does not cover all the rules in the maternity benefits scheme for every situation, nor does it provide a full interpretation of the rules. Your maternity pay could start sooner if you get sick in the 4 weeks before your baby's due. You can see guidance on coronavirus and breastfeeding here: https://www.rcog.org.uk/en/guidelines-research-services/guidelines/coronavirus-pregnancy/covid-19-virus-infection-and-pregnancy/, Second Floor, 3-4 Wells Terrace, London N4 3JU, To get free advice please click here Existing regulations continue to apply during the pandemic. 1. I also have a part-time job (bank work) for a private health company. As you have already passed the 15th week before your baby is due and your employer has confirmed that you qualify for SMP, going onto furlough will not affect your maternity leave and pay. High earners should be made aware of potential pension tax implications of building up further pension. Is it possible to go back to job 2 & lose the maternity pay for job 2 without it affecting the maternity pay I receive for my full-time job. If an individual opts out within the first pay period after starting NHS employment, the individual is treated as having never joined the scheme. Unfortunately many women have been forced to start their maternity leave very early or will have to take maternity leave with a reduced rate of Statutory Maternity Pay. For example, if your contract says you have to give one month’s notice you should give notice of your resignation at least a month before the end of your maternity leave. I am on maternity leave from the NHS. Your employer can ask you to use your annual leave during this period by giving notice. Will this affect my maternity pay? APPLICATION FOR MATERNITY PAY/LEAVE . If you can do your job from home and other employees are working at home, your employer must take steps to ensure that you can work from home as well when your maternity leave ends. Agenda for Change staff - during the emergency period, if staff return to work in roles covered by Agenda for Change terms and conditions for substantive staff, they should be paid at the top of the appropriate pay band for the role they are fulfilling, providing they previously worked in that pay band or higher. The pay point should not be lower than the pay point before they retired, unless the staff member wishes to work in a more junior role (see below). Some employers might offer you occupational maternity pay, sometimes known as contractual maternity pay. Please see section 15 of the NHS terms and conditions for more information: 15.99 for England and Wales and section 15.56 for Scotland and Northern Ireland. I am a band 5 staff nurse and had my part time working request turned down- am now wondering how much I would actually have to pay back and would it be cheaper than 2 lots of child care fees! You can also make a flexible work application if you need to reduce your days/hours of work. I previously worked weekends in my nhs job. I have already given my employer notice of when I want to start my maternity leave, can I give notice to change the start date? Make sure you know what these are and what to do if you have any problems or you are denied your rights. Unfortunately maternity pay is very low but you are not entitled to ‘remuneration’ (normal salary) during maternity leave as you can only get maternity pay during this period. Unfortunately maternity pay is very low but you are not entitled to ‘remuneration’ (normal salary) during maternity leave as you can only get maternity pay during this period. Frequently asked questions on accessing the skills of overseas individuals based here in the UK during the COVID-19 pandemic, COVID-19 guidance for NHS workforce leaders, Covid-19 If you are not able to give 28 days’ notice you should give notice as soon as you reasonably can. You need to bear in mind that you cannot insist on being placed on furlough as your employer may have work for you to do and, if you end your maternity leave early, once the furlough scheme ends and businesses return to normal you will be expected to return to work immediately. If staff want to return to a more junior role than the role they retired from, they should be paid the top of the pay scale in the more junior role. If you do not return to work after maternity leave, you will not have to pay this back. The intention is to ensure that in the current exceptional circumstances, trusts can quickly deploy staff and that staff have clarity on the pay they can expect to receive when they return to work. The basis of the law for mat… Statutory maternity pay can last 39 weeks, but it will end sooner if you go back to work before then. If the employee returns to their normal duties but on reduced hours, they should get their normal rate of pay for those hours they work. A "salary sacrifice" arrangement will reduce the amount of salary that is liable to National Insurance Contributions. You can only take shared parental leave/pay up to a year from your baby’s birth. Statutory Maternity Pay (SMP) is calculated on the amount of average weekly earnings during the 8 week period, fifteen weeks prior to the expected date of confinement (weeks 17 to 25 of pregnancy). If you decide to cancel your annual leave and return to work, an amendment to the Working Time Regulations states that if you are unable to take your annual leave because of the coronavirus pandemic you can now carry forward up to 20 days’ untaken annual leave until April 2022. Your SMP should be paid through the payroll in the normal way and your employer is reimbursed for your SMP (including the first 6 weeks at 90%) by HM Revenue and Customs, see below on help for employers. The policy details the eligibility criteria for the occupational scheme and the application process. After your maternity leave has ended you must be treated as back at work and you can be considered for furlough. 6. PLEASE TICK. If you want to return to work part-time or ask for other changes to your days, hours or place of work after maternity leave you can make a request for flexible work and your employer should consider it in the normal way. Maternity Allowance is paid to pregnant women who do not get Statutory Maternity Pay - rate, eligibility, apply, form MA1 . You should check your contract to see if there are any circumstances in which your employer can cancel annual leave. You are entitled to return to the same job on the same terms and conditions. I work in the NHS and am aware I am entitle to the following Maternity Leave Pay: 8 weeks full pay 18 weeks half pay +SMP Then the remained to 39wks just SMP The form I have completed at work re my intention to take maternity leave states I must return to work for a minimum of 3 months otherwise I may have to pay back my maternity pay. Our calculator makes the following assumptions: You have been continuously employed by the NHS for at least 9 months by your expected due date ; You intend to return to work in the NHS for a minimum of 3 months ; You are eligible for Statutory Maternity Pay which you can check using our … Maternity leave is provided to ensure that mothers can stay off work in order to look after a young baby and annual leave is a health and safety measure to ensure that all workers have some paid time off work. For the time they're not able to work, they should get sick pay if they're entitled to it. Log in Register . This includes pregnancy-related sick leave, suspension on full pay on health and safety grounds or you have been put on furlough because you are unable to work because of pregnancy. If your employer refuses to let you return to work at the end of your maternity leave it may be an unfair dismissal (if you have two years’ service), automatic unfair dismissal because of your maternity leave and/or maternity discrimination (which are day one rights). However, when you gave notice to take maternity leave and pay, if your employer did not notify you of the date your maternity leave would end within 28 days, your employer cannot insist that you give 8 weeks’ notice to return to work early. Your employer cannot refuse to let you take maternity leave or refuse to let you change the start date providing you give notice as above. Get advice on applying for a new job, making a career change, or getting ready for interview. If it is not reasonably practicable for you to return to the same job, your employer can offer you a suitable alternative job on very similar terms and conditions. More information can be found in the NHS Pension Scheme section of this guidance. You have the same right to return to work and to choose your new maternity leave dates as normal. 1128776. A place for working mums to chat and offer support to one another. If you do not return to work after the pregnancy, you might have to repay what you were paid over Statutory Maternity Pay. The NHS offers generous occupational maternity, adoption, and shared parental leave pay, well above statutory levels. For more information on how to resolve problems at work, see our information sheet. I consider that the employee will be eligible for the Maternity Pay/Leave entitlement(s) indicated below in accordance with the maternity leave policy and SMP Regulations. Yes, you can change the start date of your maternity leave and pay providing you give at least 28 days before both the original date and the new date. ), Company no. So it should not be treated as a complete and authoritative statement of the law. My maternity leave ends in December. Individuals who have not retired but return to NHS service are automatically enrolled into the NHS Pension Scheme when they re-enter NHS employment with an NHS organisation. Do I have to use my annual leave? Staff on shared parental leave can work up to 20 shared parental leave in touch (SPLiT) days without ending their shared parental leave. If you do not wish to return to work after maternity leave, you should resign giving the notice required by your contract. Publications, video & audio and much more. The only way you can receive furlough pay is to give notice to end your maternity leave early and return to work and ask your employer if you can be put on furlough. 20. NHS maternity care – refusals and delays due to charging, EEA and Swiss nationals and family members, Indefinite leave to remain, right of abode and British citizenship, A Toolkit for Campaigning against NHS Charges for Pregnant Migrant Women, Guidance on improving access to maternity care for women affected by charging, End unfair redundancies for pregnant women and new mothers, Responses to consultations and submissions. NHS organisations cannot change the legal rules around statutory payments and leave, but should staff wish to end their maternity, adoption or shared parental leave early to assist in the pandemic, NHS employers may wish to consider flexible options so staff do not lose out on any of their contractual entitlements. Are there any additional protections for breastfeeding mothers during the Covid-19 pandemic? You can also ask your employer if you can do KIT days from home but you cannot insist on KIT days. NHS 24 Maternity Leave Policy Version 9.3 NHS 24 Maternity Leave Policy Date Live From: November 2016 Page 3 of 19 22. If it’s not possible to give 28 days’ notice because of the current coronavirus situation, your employer should accept a shorter period of notice and your employer can agree to no notice at all and to alter your start date immediately. You can only take shared parental leave/pay up to a year from your baby’s birth. In these circumstances you should give your employer as much notice as you can. Unfortunately maternity pay is very low but you are not entitled to ‘remuneration’ (normal salary) during maternity leave as you can only get maternity pay during this period. Returning to work after Statutory Maternity Leave. When your maternity leave ends you should be treated as back at work and you have the right to return to the same job or a suitable alternative job. I have booked to take annual leave before my maternity leave. When working out your ‘usual hours’, your employer must not include time off on maternity leave. For more information on KIT days see our information sheet.Go back to list of questions. Employers can ask staff on annual leave or any other type of leave if they are able to return to work early if they are short-staffed but they cannot force staff to cancel annual leave or maternity leave. They have informed me that I will get maternity pay for both jobs for up to 52 weeks. NHS occupational maternity pay (OMP) Eligibility: Employees must have 12 months’ continuous service with the NHS by the eleventh week before the expected week of childbirth (EWC) and: Intend to return to work in the NHS for a minimum of 3 months. You are entitled to be paid for keeping in touch (KIT) days during your maternity leave but there are no regulations on how much you should be paid for working KIT days so it’s important to agree this with your employer. You usually have to give 8 weeks’ notice to end your maternity leave early. Returning to work after Statutory Maternity Leave. The conditions of maternity pay is repayment of maternity pay minus smp if you don’t return to the nhs for 3 months. Further information on furlough is available here. For staff who want to take partial retirement from the 2008 and 2015 pension schemes, they will not be required to reduce their pay in order to claim pension. Part of your statutory maternity pay is based on your average pay. If you’re still in your maternity leave period (paid or unpaid maternity leave) you and your employer can agree up to ten keeping-in-touch days to enable you to do some work while remaining on maternity leave. Nhs offers generous occupational nhs maternity pay not returning to work pay are denied your rights during maternity and. Last updated on 10 December 2020. ] are eligible for Universal Credit if you only want a temporary to. 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