Stokers A5 Handbook Policies APR24 with links
the year that cannot reasonably be taken before starting maternity leave may be carried over to the next holiday year with prior permission from Stokers. Employees should discuss their holiday plans with their manager in good time before starting maternity leave. All holiday dates are subject to approval by the employee’s manager. During maternity leave, Stokers shall continue to make any employer contributions that Stokers usually makes for the employee into any relevant pension scheme. The contributions will be based on what the employee’s earnings would have been if they had not been on maternity leave, provided that the employee continues to make contributions based on (at least) the maternity pay they are receiving. If the employee wishes to increase their pension contributions to make up any shortfall from those based on their normal salary then they must contact the HR department to make the necessary arrangements. Keeping in Touch Stokers may make contact with employees from time to time during their maternity leave. Employees may work (including attending training sessions) for up to ten days during maternity leave without bringing their maternity leave or SMP to an end (“Keeping in Touch Days”). This is not compulsory and must be discussed and agreed in advance with the employee’s manager. In any case, employees must not work in the 2 weeks following giving birth. Employees will be paid at their normal basic rate of pay for time spent working on Keeping in Touch Days, and this will be inclusive of any SMP entitlement. Alternatively, the employee may agree with their manager to receive the equivalent paid time off in lieu. Returning to work Once Stokers has been notified in writing of the employee’s Intended Start Date, it will send the employee a letter within 28 days to inform the employee of the date they are expected to return to work. This date will be 52 weeks after the Intended Start Date (the “Expected Return Date”). If the employee wishes to return to work earlier than the Expected Return Date, Stokers must be given 8 weeks’ prior notice of the new date in writing. Otherwise, the business may postpone the new date until 8 weeks after notice was given, or to the Expected Return Date if sooner. If the employee’s Intended Start Date has been changed, Stokers shall write to the employee within 28 days of the start of maternity leave with a revised Expected Return Date. Shortly before the employee is due to return to work, Stokers may invite the employee to have a discussion (whether in person or by telephone) about the arrangements for their return.
This discussion may cover: • Updating the employee on any changes that have occurred at work during their maternity leave; • Any training needs the employee might have; and • Any changes to working arrangements. If the employee is unable to return to work following maternity leave due to sickness or injury, this will be treated as sickness absence. The employee is normally entitled to return to work in the same position as they held before commencing leave. The employee’s terms of employment shall be the same as they would have been had they not been absent. However, if the employee has taken any period of AML or more than 4 weeks’ parental or shared parental leave, and it is not reasonably practicable for Stokers to allow the employee to return into the same position, Stokers may give the employee another suitable and appropriate job on terms and conditions that are no less favourable. In the event that the employee’s post is affected by a redundancy situation occurring during maternity leave, Stokers shall inform the employee of any proposals and shall invite the employee to a meeting before any final decision is reached as to the employee’s continued employment. Employees on maternity, paternity, adoption or shared parental leave shall be given the opportunity to apply for any suitable alternative vacancies. Deciding not to Return If the employee does not intend to return to work, or is unsure, it is helpful if they discuss this with Stokers as early as possible. If the employee decides not to return they should give notice of resignation in accordance with their contract. The amount of maternity leave left to run when notice is given must be at least equal to the employee’s contractual notice period, otherwise Stokers may require the employee to return to work for the remainder of the notice period. Once the employee has given notice that they will not be returning to work, they cannot change their mind without the agreement of Stokers. This does not affect the employee’s right to receive SMP. Flexible Working Stokers will deal with any requests made by employees to change their working patterns (such as working part-time) after maternity leave on a case-by-case basis. There is no absolute right to insist on working part-time, but employees do have a statutory right to request flexible working and Stokers will try to accommodate the employee’s wishes unless there is a justifiable reason for refusal, bearing in mind the needs of the business. It is helpful if requests are made as early as possible. The procedure for dealing with such requests is set out in Stokers Flexible Working Policy.
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