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. However, for staff who choose to work when they would otherwise be on leave, it is important that they do not lose their contractual entitlement. Can they force me to cancel my annual leave and return to work early? 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. In all other circumstances it is up to you to decide when you want to start your leave. The guidance has been developed by the RCOG Trainees’ Committee but is also relevant post-CCT. 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. If you have taken all your maternity leave/pay and you need to take more leave, you could give notice to take Parental Leave (this is different from shared parental leave). If you are not able to return to work earlier than planned you should explain your circumstances to your employer, for example, if you have no childcare in place before your planned return. 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. Can my employer make me start my maternity leave early? 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. Am I entitled to be paid? Further information on furlough is available here. 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. 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. 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. The earliest you can start your maternity leave is 11 weeks before your expected week of childbirth. You can only take shared parental leave/pay up to a year from your baby’s birth. Blogs from experts on the latest workforce thinking. You can find more information on asking for part-time work or other changes to your days/hours of work here. 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. There are two types, Statutory Maternity Pay (SMP) and Contractual Maternity Pay (CMP). 6. Help: not returning to NHS and not repaying occupational maternity pay? Membership of the NHS Pension Scheme is voluntary, and staff can opt out if they wish. Nhs - not returning to work after maternity (10 Posts) Add message | Report. 11-12-2020. if you earnt an extra £5,000 on enhanced pay you would still be 'up' even paying out for childcare for 3 months afterwards and then leaving anyway IYKWIM? 7. 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. If an individual opts out within the first pay period after starting NHS employment, the individual is treated as having never joined the scheme. 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. 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. 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. Requesting flexible working Statutory maternity pay can last 39 weeks, but it will end sooner if you go back to work before then. This factsheet defines Special Class eligibility. Existing regulations continue to apply during the pandemic. Maternity Allowance is paid to pregnant women who do not get Statutory Maternity Pay - rate, eligibility, apply, form MA1 . [This page was last updated on 10 December 2020.]. If you do not wish to return to work after maternity leave, you should resign giving the notice required by your contract. 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. The basis of the law for mat… Statutory maternity pay Read our guidance on the rules surrounding maternity pay and details of the allowances available. 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. 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? Most staff will be working reduced hours under the flexible furlough scheme but I have been told I cannot return, is that right? Here’s our guide to paying back maternity if you do not return to work. 1. NHS GRAMPIAN. We help bring out the best in them – no matter who they are or what they have been through. Get advice on applying for a new job, making a career change, or getting ready for interview. 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. Your employer can put you onto furlough before your maternity leave and pay starts. Have you been charged for NHS maternity care in England? You have the same right to return to work and to choose your new maternity leave dates as normal. For more information on your rights during maternity leave and return to work, see this. 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. 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 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. We use cookies to give you the best experience on our website. For example, an individual may have a protected lifetime allowance limit. I intend to take 39 weeks off, but would like to return to job 2 asap. Improving performance by improving staff wellbeing, Mental wellbeing in the workplace infographic. You should check your contract to see if there are any circumstances in which your employer can cancel annual leave. Publications, video & audio and much more. 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. ), Company no. Return to work. (For office enquiries only, we cannot respond to advice requests from this email address. Will this affect my maternity pay? Your employer can still offer KIT days during the pandemic if they have work for you to do or it would be helpful for you to have phone meetings with colleagues. 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. Should I be paid the same? The purpose of the maternity leave policy is to detail the eligibility of employees to receive occupational NHS maternity pay. Returning to work after Statutory Maternity Leave. The actual amount and the frequency should be confirmed by their employer. 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. Username. We use cookies to ensure that we give you the best experience on our website. Maternity toolkit . I previously worked weekends in my nhs job. shared parental leave/pay up to a year from your baby’s birth, more information on KIT days see our information sheet, see our blog on the Government response here, more information on asking for part-time work or other changes, For more information on working during maternity leave, click here, https://www.rcog.org.uk/en/guidelines-research-services/guidelines/coronavirus-pregnancy/covid-19-virus-infection-and-pregnancy/, Click here to return to our main Covid and maternity FAQs page. All staff who return to work in the NHS after retirement will be paid the substantive rate for their role. You may be eligible for Universal Credit if you or your partner take unpaid Parental Leave and your household income is reduced. 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. In these circumstances you should give your employer as much notice as you can. APPLICATION FOR MATERNITY PAY/LEAVE . 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). Some employers provide paid Parental Leave so you should check your contract. Email: info@maternityaction.org.uk Don't want to discuss with my manager until I know if it would be doable. 9. There has been no additional maternity leave or pay provided. You are entitled to return to the same job on the same terms and conditions. Hi, Does anyone know anyone who has paid back their NHS maternity pay instead of returning to work for the 3 months. A request for flexible work will usually lead to a permanent change to your contract. My work are short-staffed as a result of coronavirus. no. This enhanced maternity pay is subject to you returning to work for three months at the end of your Maternity Leave period. 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. Your employer must give twice as many days’ notice as the amount of leave they want you to take e.g. The NHS offers generous occupational maternity, adoption, and shared parental leave pay, well above statutory levels. If your employer has placed other staff on furlough, you are entitled to be furloughed as well. I have already given notice to take maternity leave and my employer has confirmed that I qualify for SMP? 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 … Will I be able to ask for any extra maternity leave because of the coronavirus pandemic? 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 leave Maternity leave entitlement. 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. 52 weeks Unpaid Maternity Leave - Returning to work thereafter. Read more about NHS maternity pay and the calculation of NHS 'full pay' here. For more information on how to resolve problems at work, see our information sheet. Office telephone: 020 7253 2288 Your maternity leave and pay should start on the date in your original notice unless you and your employer agree to change it, however, maternity leave and pay must start from the birth at the latest. This means you can take non-pregnancy-related sick leave up to the date you have chosen to start your maternity leave. The latest you can start your maternity leave is from the date you give birth. Don't lose out on your maternity pay if your wages vary. A "salary sacrifice" arrangement will reduce the amount of salary that is liable to National Insurance Contributions. You should give notice in writing e.g. Do you have to pay back the maternity pay you received? 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. 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. Returning to Work After Maternity Leave 21. Give your employer your MATB1 form from your midwife or GP. 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. 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. If you are not able to give 28 days’ notice you should give notice as soon as you reasonably can. 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. two weeks’ notice to ask you to take one weeks’ holiday. 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. 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. You can see our blog on the Government response here. If you continue to use this site we will assume that you are happy with it. Skip to main content. 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 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. 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. Occupational pay will be made up of: You have employment rights and responsibilities when you go back to work. Louise H(1418) Keyword: Username: Filter: Page: 1. If you have booked to take annual leave before your maternity leave, you can continue to take your annual leave and you must be paid in full as annual leave is a statutory (legal) right. I am on maternity leave from the NHS. View our cookie policy. 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. You have a right to return to work after your maternity leave. REF NO. 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. 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. 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 the employee is doing lighter duties, it's up to the employer and employee to agree on a … Staff on shared parental leave can work up to 20 shared parental leave in touch (SPLiT) days without ending their shared parental leave. 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. Your employer can only trigger your maternity leave and pay in the four weeks before your expected of childbirth if you are absent from work for a pregnancy-related reason. 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. 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. 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