High earners should be made aware of potential pension tax implications of building up further pension. Louise H(1418) Keyword: Username: Filter: Page: 1. by email if your employer asks you to and it’s a good idea to confirm what has been agreed in writing to avoid any confusion. This page provides information about maternity leave, paternity leave and maternity pay. You are entitled to return to the same job on the same terms and conditions. ENTITLEMENT. If your employer has placed other staff on furlough, you are entitled to be furloughed as well. The appropriateness of putting such arrangements in place should be carefully considered on a case-by-case basis, with risk assessments where necessary, and only where an NHS employer and the individual employee consent, and should not be forced on individual employees. Hi, Does anyone know anyone who has paid back their NHS maternity pay instead of returning to work for the 3 months. A place for working mums to chat and offer support to one another. 6. 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. This means you can take non-pregnancy-related sick leave up to the date you have chosen to start your maternity leave. Will this affect my maternity pay? Further information on furlough is available here. If staff have not retired, but left NHS employment, and they return to work in roles covered by NHS national terms and conditions of service, they should be paid at the top of the appropriate pay scale for the role they are filling, providing they are returning to the same level of responsibility. 9. You should give notice in writing e.g. 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. PLEASE TICK. This factsheet defines Special Class eligibility. 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. This means that many employees will have access to up to 30 days where they can work, without bringing their paid family-related leave entitlements to an end. In all other circumstances it is up to you to decide when you want to start your leave. In these circumstances you should give your employer as much notice as you can. I previously worked weekends in my nhs job. For the time they're not able to work, they should get sick pay if they're entitled to it. For more information click here. have already given my employer notice of when I want to start my maternity leave, can I give notice to change the start date? The actual amount and the frequency should be confirmed by their employer. I also have a part-time job (bank work) for a private health company. This will be more than Statutory Maternity Pay. Your employer can ask you to use your annual leave during this period by giving notice. Give your employer your MATB1 form from your midwife or GP. Section 15 of the NHS handbook states that to claim NHS contractual maternity pay you must intend to return to work with the same or another NHS employer for a minimum period of three months after your maternity leave has ended. Should I be paid the same? FAQs: Covid-19 – rights and benefits during pregnancy and maternity leave, Resigning during pregnancy and maternity leave, Pregnant during maternity leave (expecting again), Miscarriage, stillbirth and neonatal death, Redundancy during pregnancy, maternity and parental leave, Asking to change your working hours or go part-time, Adoption leave and pay – rights for parents, Health and safety, sickness and breastfeeding, Health and safety during pregnancy/on return to work, Continuing to breastfeed when you return to work, Sickness during pregnancy and maternity leave, and on return to work, Postnatal depression/depression in pregnancy, Self-employed, agency and zero-hours work, Rights for parents with more than one job, ‘Ordinarily Resident’ in the UK: entitlement to NHS maternity care in England, Information-sharing between the NHS and Home Office in England. Find out more about your right to return to work after Statutory Maternity Leave. You should check your contract to see if there are any circumstances in which your employer can cancel annual leave. Once your maternity leave/pay has ended you are back at work and entitled to take sick leave if advised by your GP or you can ask to take any annual leave that has accrued during your maternity leave. Use the government’s calculator to find out if you are eligible for SPP. They have informed me that I will get maternity pay for both jobs for up to 52 weeks. This enhanced maternity pay is subject to you returning to work for three months at the end of your Maternity Leave period. So it should not be treated as a complete and authoritative statement of the law. Read more about NHS maternity pay and the calculation of NHS 'full pay' here. Office telephone: 020 7253 2288 Find out more about returning to work after Statutory Maternity Leave. 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. You can only take shared parental leave/pay up to a year from your baby’s birth. You can see our blog on the Government response here. If you and your employer agree on furlough you can remain on furlough until the birth or the start of your maternity leave and pay, whichever is earlier. They will be paid the substantive rate for the role. If your employer is temporarily asking employees to work from home, this will apply to you as well once your maternity leave has ended. REF NO. 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). The answer to this depends on which type of maternity pay you receive. 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. The earliest you can start your maternity leave is 11 weeks before your expected week of childbirth. 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. 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. 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. Existing regulations continue to apply during the pandemic. 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 should ask your employer to confirm in writing why you have not been allowed to return to work or why you have not been paid for furlough and you must contact ACAS within three months (less one day) on 0300 123 11 00 from the date of dismissal or act of discrimination if you want to start a tribunal claim. If you do not return to work after maternity leave, you will not have to pay this back. Your employer can put you on furlough during Parental Leave in order to claim help with the cost of any occupational Parental Leave pay that they provide. You cannot go back onto maternity leave. You must give at least 21 days’ notice to take Parental Leave. Maternity leave Maternity leave entitlement. You have employment rights and responsibilities when you go back to work. Part of your statutory maternity pay is based on your average pay. Improving performance by improving staff wellbeing, Mental wellbeing in the workplace infographic. These are statutory (legal) rights that are provided on health and safety grounds. 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. You may be eligible for Universal Credit if you or your partner take unpaid Parental Leave and your household income is reduced. For more information on KIT days see our information sheet.Go back to list of questions. 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. Blogs from experts on the latest workforce thinking. You can also make a flexible work application if you need to reduce your days/hours of work. 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). ), Company no. I knew this and expected to go back but things have changed dramatically for us as a family so I’m not worried about what I’d do. 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. Do you have to pay back the maternity pay you received? You usually have to give 8 weeks’ notice to end your maternity leave early. graffles Wed 21-Mar-18 14:48:21. Returning to work after Statutory Maternity Leave. 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. 1128776. No, unfortunately KIT days are by agreement between employer and employee. Make sure you know what these are and what to do if you have any problems or you are denied your rights. 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. If you do not return … Username. Charity reg. If agreed, this would usually be a permanent change to your contract so you will need to ask your employer to agree to a temporary change during the coronavirus pandemic. As you have met the qualifying conditions for SMP you can still take your maternity leave and SMP on the date in your notice or you can change your start date as above. Can my employer put me on furlough before then and, if they do, will it stop me getting SMP? NHS GRAMPIAN. Access the support available for NHS staff. Statutory maternity pay Read our guidance on the rules surrounding maternity pay and details of the allowances available. For more information on your rights during maternity leave and return to work, see this. The basis of the law for mat… 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 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. CovidAdvice@nhsemployers.org. 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. A week before I was due back to work (I.e this week) my new manager informed me my hours would be changing and I would now be working during the week. Email: info@maternityaction.org.uk In general, you have the right to return to the same job on the same terms and conditions after your maternity leave. If you are not able to give 28 days’ notice you should give notice as soon as you reasonably can. Help: not returning to NHS and not repaying occupational maternity pay? 1. You have a right to return to work after your maternity leave. 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 workplace has closed and all staff are on furlough, you can remain on furlough until the date you have chosen to start your maternity leave/pay. 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 more information on working during maternity leave, click here. Requesting flexible working 20. If staff have already taken their pension, the government is removing any restrictions on the amount of work they can do without losing any of their pension during the emergency. If an individual opts out within the first pay period after starting NHS employment, the individual is treated as having never joined the scheme. Are there any additional protections for breastfeeding mothers during the Covid-19 pandemic? Maternity toolkit . Read our guidance on maternity leave entitlements for doctors across the UK working under the NHS scheme. Your pay and conditions must be the same as or better than if you hadn’t gone on maternity leave. After your maternity leave has ended you must be treated as back at work and you can be considered for furlough. two weeks’ notice to ask you to take one weeks’ holiday. All staff who return to work in the NHS after retirement will be paid the substantive rate for their role. The guidance has been developed by the RCOG Trainees’ Committee but is also relevant post-CCT. Once your maternity leave has ended you cannot go back onto maternity leave but if you did not take the full 39 weeks’ maternity pay or 52 weeks’ maternity leave, you may be able to take any untaken maternity leave/pay as shared parental leave. 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 … Tell us whether you accept cookies. 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. 4. 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). There has been no additional maternity leave or pay provided. Can my employer make me start my maternity leave early? I am on maternity leave from the NHS. Skip to main content. 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. 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. For more information on what you will be paid on furlough after maternity leave, see FAQs on furlough here. If you only want a temporary change to enable you to continue breastfeeding you should discuss this with your employer. If other staff are working reduced hours under flexible furlough you must be treated in the same way once your maternity leave ends as you are back at work and you are entitled to be paid in the same way as your colleagues. [This page was last updated on 10 December 2020.]. Nhs - not returning to work after maternity (10 Posts) Add message | Report. 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. 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. Maternity leave lasts for 52 weeks but maternity pay lasts for 39 weeks. You need to check eligibility for shared parental leave carefully as it is very complex. 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. Most staff will be working reduced hours under the flexible furlough scheme but I have been told I cannot return, is that right? 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. Your employer can put you onto furlough before your maternity leave and pay starts. 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. 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. 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