Maternity Leave

1. About this policy

1.1. The purpose of this policy is to outline entitlements to Maternity Leave and Pay.

1.2. St George’s, University of London endeavours to ensure that all employees are given support and encouragement before, during, and on their return to work from Maternity Leave. St George’s, University of London aims to ensure that the employee’s duties are adequately covered during Maternity Leave and that an effective dialogue is implemented at all stages so that employees feel fully informed about their entitlements and the process to follow.

1.3. This policy applies to all employees of St George’s, University of London. It will not normally apply to casual workers or agency workers.

1.4. An employee taking Maternity Leave is encouraged to discuss their plans with their line manager as early as possible.

1.5. Employees may also be entitled to take shared parental leave and should refer to the Shared Parental Leave Policy for further information on entitlements, eligibility and notice requirements.

2. What is maternity leave?

2.1. All pregnant employees have the right to take up to 52 weeks’ Maternity Leave. Unless the employee notifies St George’s, University of London that they wish to take a shorter period, the University will automatically assume they are taking the full entitlement to 52 weeks, and will write to confirm the expected end date on this basis.

2.2. Statutory Maternity Leave is made up of 26 weeks’ Ordinary Maternity Leave, including a 2-week period of Compulsory Maternity Leave, followed immediately by 26 weeks’ Additional Maternity Leave.

2.3. Subject to meeting the eligibility requirements, employees are also entitled to St George’s, University of London Maternity Leave Pay.

3. Maternity leave pay

3.1. Statutory Maternity Pay may be payable for up to 39 weeks, paid at the rate set out by the Government for the relevant tax year. This equates to 9/10ths of the employee’s average weekly earnings for 6 weeks and the lower of 9/10ths of the employee’s average weekly earnings or the standard rate of Statutory Maternity Pay for the remaining 33 weeks. The standard rate of Statutory Maternity Pay is available on gov.uk.

3.2. In order to receive Statutory Maternity Pay an employee must:

have 26 weeks of continuous service with St George’s, University of London at the beginning of the 15th week before the expected week of childbirth;
have average weekly earnings at least equal to the lower earnings limit for National Insurance contributions;
still be pregnant at the 11th week before the expected week of childbirth or have given birth by that time; and
have complied with the relevant notification requirements.

3.3. The period for which Statutory Maternity Pay may be paid is called the maternity pay period. The maternity pay period may start at any time from the start of the 11th week before the expected week of childbirth and can continue for up to 39 weeks, even if the employee does not intend to return to work.

3.4. Normal weekly earnings are calculated based on an average of gross earnings for National Insurance during the “relevant period”. The relevant period is the period ending on the last normal pay day before the qualifying week and starting with the normal pay day which is at least eight weeks earlier. Further advice on how normal weekly earnings will be calculated can be obtained from Payroll.

3.5. Where gross earnings are increased by a pay rise, and this increase takes effect from the start of the relevant period and before the end of the Additional Maternity Leave period, this increase will result in a recalculation of Statutory Maternity Pay. As a result of this recalculation, the employee may be entitled to a retrospective increase or may subsequently qualify to receive Statutory Maternity Pay.

3.6. In addition to Statutory Maternity Pay, eligible employees may be entitled to St George’s, University of London Maternity Leave Pay. In order to qualify for St George’s, University of London Maternity Leave Pay an employee must satisfy the conditions outlined in paragraph 3.2 above and provide a statement of intent outlining that the employee wishes to return to work with St George’s, University of London following Maternity Leave for a period of at least 3 months. An employee who satisfies the above conditions but who has not given notice of their intention to return to work shall receive Statutory Maternity Pay only.

3.7. At most St George’s, University of London Maternity Leave Pay will cover the following:

2 weeks on full pay during Compulsory Maternity Leave (this will include any relevant Statutory Maternity Pay).
16 weeks on full pay (this will include any relevant Statutory Maternity Pay).
21 weeks on Statutory Maternity Pay only (paid at the standard rate).
Up to 13 weeks unpaid leave.

3.8. For employees on a fixed-term contract St George’s, University of London will pay the above enhanced Maternity Pay up until the date the contract ends and Statutory Maternity Pay thereafter until the Statutory Maternity Pay period is exhausted.

3.9. Employees must return to work for a minimum period of three months following the end of their Maternity Leave in order to be entitled to keep the enhanced element of the St George’s, University of London Maternity Leave Pay (ie the payment in excess of Statutory Maternity Pay). Staff on fixed-term contracts will be expected to return to work for three months or to the end of the contract, whichever date is sooner. St George’s, University of London retains the right to reclaim the enhanced element of the Maternity Pay if the employee fails to return to work for at least three months. The University will waive this repayment if the end of a fixed-term contract prevents the employee completing three months employment.

3.10. Where an employee is not entitled to Statutory Maternity Pay, ie does not have 26 weeks of continuous service with St George’s, University of London at the beginning of the 15th week before the expected week of childbirth, they may be able to claim Maternity Allowance direct from the Department for Work and Pensions. In these circumstances, St George’s, University of London will provide the employee with the form SMP1 as soon as practicable after determining that they do not qualify for Statutory Maternity Pay.

4. Applying for maternity leave

4.1. The application form for Maternity Leave is given in Appendix 3. To qualify for maternity leave employees must provide St George’s, University of London with written notification of:

their pregnancy;
the expected week of childbirth;
the date they wish to start the Ordinary Maternity Leave period, which can be any time from the 11th week before the expected week of childbirth.

4.2. Notification of an intention to take maternity leave must be given, supported by a Maternity Certificate (MATB1) stating the expected week of childbirth, not later than the end of the 15th week before the expected date of childbirth (the qualifying week). In addition, to qualify for St George’s, University of London Maternity Leave Pay a statement of intent is required outlining that the employee wishes to return to work with St George’s, University of London following maternity leave for a period of at least 3 months.

4.3. Despite the above notification requirements, employees should notify their line manager as soon as possible of their pregnancy to enable the manager to ensure that, where appropriate, any reasonable steps are taken to safeguard the safety of the employee and their unborn child and that they are not subject to any unnecessary risks at work. This will also provide an opportunity to explore options and will enable the line manager to start to consider plans for accommodating Maternity Leave.

4.4. Employees should give their Maternity Certificate (MATB1) to Human Resources (HR). A MATB1 is normally provided at around the 20-week stage of pregnancy.

4.5. An informal meeting will be arranged with the employee and an HR Assistant to discuss the employee’s entitlements and the organisational processes involved. The meeting will include discussions on the following points:

the amount of leave that can be taken and the payment arrangements;
the information that will be needed in order to process the Maternity Leave;
time off for ante-natal appointments;
risk assessments to ensure the role does not pose a risk to the employee or their baby’s health and safety;
annual leave entitlement and annual leave plans;
the right to return after maternity leave to the same or a similar role;
the opportunity to request flexible working on return and how a request should be made.

4.6. HR will provide written confirmation of the Maternity Leave arrangements.

4.7. In order to ensure good communication and a smooth transition in the time leading up to Maternity Leave, and during the Maternity Leave itself, employees will be informed of the arrangements for covering their work and also for remaining in contact whilst on Maternity Leave.

4.8. Reasonable contact between an employee and their line manager and colleagues during Maternity Leave is encouraged to facilitate communication. Either party is entitled to initiate this during the Maternity Leave, for example to discuss the employee’s return to work or other work-related issues that may concern them. Such contact will not bring the Maternity Leave to an end. It is recommended that the employee discusses and agrees how this communication will occur with their line manager prior to commencing Maternity Leave.

4.9. In the case of employees on fixed-term contracts funded by an external body, it will be the responsibility of the line manager/Principal Investigator to inform the funders that Maternity Leave will be taken by the employee.

5. Health and safety

5.1. In order to assess any potential risk that an employee’s role poses to their health and safety, and the health and safety of their baby, employees should notify their line manager and HR as soon as they can about their pregnancy.

5.2. A Risk assessment: new and expectant mothers form (Word) should be completed by the pregnant employee with their line manager in order to identify and mitigate risks. This may include making adjustments to the employee’s role or, if no adjustments can be identified that will reduce or remove the risk, offering a suitable alternative role for the duration of the pregnancy. In the unlikely event that alternative work cannot be found, St George’s, University of London reserves the right to place the employee on suspension on full pay until they are no longer at risk. If necessary where a risk remains, these arrangements will continue for a period of six months after the birth of the child.

6. Time off for ante-natal care

6.1. Employees are entitled to paid time off to receive ante-natal care. Ante-natal care can include medical examinations, relaxation classes and parent-craft classes as advised by a medical practitioner. Where possible, these appointments should be scheduled at the beginning or the end of the working day so that the day-to-day operational needs of the service or team are not unduly impacted.

6.2. Other than for the first appointment, an employee may be asked to provide an appointment card to their line manager to confirm the details of the appointment.

7. Commencing maternity leave

7.1. Maternity Leave can commence at any time from the beginning of the 11th week before the expected week of childbirth until the date of birth. Employees are required to inform St George’s, University of London of the date they intend to start Maternity Leave. However, this date may be changed as long as at least 28 days’ notice of this change is provided. Any application for a date change should be made in writing to the line manager and HR.

7.2. Two weeks Compulsory Maternity Leave commences on the day after childbirth occurs. Its purpose is to ensure that the employee has at least a minimum two-week period of leave after the birth of their baby.

7.3. There are two incidences in which the Maternity Leave period is triggered automatically:

Where childbirth occurs before the Ordinary Maternity Leave would otherwise commence. If this occurs, the Maternity Leave period will begin automatically on the day following the date of the birth.
Where an employee is absent from work, wholly or partly due to their pregnancy, after the beginning of the 4th week before the expected week of childbirth. In these circumstances, the Maternity Leave period begins on the day following the first day of such absence.

7.4. Once the employee has notified their line manager and HR that their Maternity Leave has been triggered due to premature childbirth or absence, including the relevant dates, HR will confirm, in writing, the date of expected return to work. This confirmation will be sent within 28 days of the notification.

8. Stillbirth, miscarriage and premature birth

8.1. In the unfortunate event that an employee has a miscarriage before the end of the 24th week of pregnancy they will not be entitled to Statutory Maternity Leave or Pay. However, absence from work in this instance would be dealt with in a sensitive manner under the normal sick pay entitlements and/or the Special Leave Policy and the exceptional circumstances of each individual case will be taken into consideration when reaching a decision on the approval of leave.

8.2. If a stillbirth occurs after 24 weeks of pregnancy, entitlement to Maternity Leave and Pay will not be affected and the employee will still be able to take the time off, and receive Maternity Pay, as planned.

8.3. It is recognised that if a child is born prematurely they may require additional support. Employees should discuss with their line manager whether they need to extend their absence to provide such additional support for a baby born prematurely, for example taking additional paid or unpaid leave at the end of their Maternity Leave period.

9. Keeping in touch days

9.1. During Maternity Leave, employees may find it helpful to keep in touch with work. Line managers will usually make reasonable contact with the employee during Maternity Leave, for example to update them on what is happening at work, promotion opportunities or to discuss their return to work. This contact is separate to a Keeping in Touch (KIT) day.

9.2. In addition, employees are entitled to do a maximum of 10 KIT days during their Maternity Leave (except during the Compulsory Maternity Leave period) without bringing their Maternity Leave to an end, for example to carry out work or attend training. KIT days must be agreed between the employee and their line manager. Any time worked on a KIT day will be paid at the normal contractual rate of pay for the hours actually worked. However, a full KIT day will be deemed to have been taken regardless of the actual hours worked that day. Any Maternity Pay will be included, such that the total payment will not exceed the normal rate of contractual pay.

9.3. Any KIT days taken will not have the effect of extending the total Maternity Leave period.

10. Terms and conditions of service

10.1. Usual terms and conditions of service, except salary and related payments, will continue during a period of Maternity Leave. In particular:

Continuous service is unbroken during Maternity Leave. Maternity Leave counts towards the calculation of those benefits which accrue with length of service, eg sickness benefits and redundancy pay.
Where applicable, the normal annual pay increment will be awarded.
Annual leave will continue to accrue during Maternity Leave and, subject to line manager agreement, an employee may choose to take a period of annual leave before and/or after Maternity Leave. Once an employee has started to take accrued annual leave, they will be deemed to have returned to work and the Maternity Leave period will have ended. If Bank Holidays and University Closure Days fall within the Maternity Leave period, employees have no right to be paid for them or to take them at another time.
If Maternity Leave is likely to cross two annual leave years, the employee may carry over annual leave accrued in the first leave year but must use these days within three months following the end of the Maternity Leave entitlement. Any annual leave accrued in the second leave year may be taken as normal.
Pension rights and contributions will be dealt with in accordance with the relevant pension scheme. Contributions and entitlements will continue as normal whilst the employee is on full pay. If the employee is planning on taking a period of unpaid leave, they should make an appointment to discuss their individual position with the Pensions Team.
If an employee does not qualify for St George’s, University of London Maternity Leave Pay, and solely has an entitlement to Statutory Maternity Pay, and makes pension payments as a salary sacrifice, they will have their adjusted average salary topped-up by St George’s, University of London to the pre-adjusted salary so that they receive the same level of Statutory Maternity Pay that they would have received if they had not sacrificed part of their salary for pension purposes only.

11. Return to work

11.1. Unless the employee states otherwise, it will be automatically assumed that the employee will return to work at the end of their full 52 week leave period. If an employee wishes to change the date of their return they must give 8 weeks’ notice of the new date of return.

11.2. The employee will normally return to the same post in which they were employed prior to going on Maternity Leave. This will be on the same terms and conditions applicable as if the employee had not been absent.

11.3. Where it is not reasonably practicable for the employee to return to the same post, eg for reasons of reorganisation or redundancy, the employee is entitled to return to a job which is both suitable and appropriate in the circumstances and which provides terms and conditions of employment which are not substantially less favourable than if the employee had not been absent.

11.4. Employees have a right to request flexible working following Maternity Leave. St George’s, University of London will seek to accommodate such requests where possible. More information is available in the Flexible Working Procedure.

11.5. If an employee decides that they do not wish to return to work after the end of their Maternity Leave, they must give the period of notice as set out in their terms and conditions of service. St George’s, University of London retains the right to reclaim the enhanced element of Maternity Pay if the employee fails to return to work and continue in employment for at least three months.

11.6. If a fixed term contract is due to end during Maternity Leave, the business case for extending or terminating the contract will be considered in the usual way. In the case that an extension to a fixed term contract is not granted, employment will end on the expiry date of the fixed term contract.

Explore our Tooting campus

We want to improve healthcare for everyone

Research culture at St George's

Education transformation project

Noise Network Plus: The £1.8 million initiative to engineer a quieter future

Donate today

Your impact