Stokers A5 Handbook Policies APR24
Starting Leave The earliest date an employee can start maternity leave is 11 weeks before the EWC, unless the child is born prematurely before that date. The employee can postpone their Intended Start Date by informing Stokers in writing at least 28 days before the original Intended Start Date. The employee can bring forward the Intended Start Date by informing Stokers at least 28 days before the new start date. Maternity leave will start on the earliest of: • The Intended Start Date (if notified to the business in accordance with this policy); • The day after any day on which the employee is absent for a pregnancy-related reason during the 4 weeks before the EWC. If this happens the employee must notify Stokers as soon as possible in writing. Maternity leave will be triggered unless Stokers agrees to delay it; or • The day after the employee gives birth. If the employee gives birth before maternity leave was due to start, the employee must let the business know the date of the birth in writing as soon as possible. Before the employee’s maternity leave starts, the business will discuss with the employee the arrangements for covering her work and the opportunities to remain in contact during maternity leave. Unless the employee requests otherwise, they will remain on circulation lists for internal Stokers newsletters, job vacancies, training and work-related social events. The law prohibits employees from working for 2 weeks after they have given birth. Statutory Maternity Pay Statutory Maternity Pay (“SMP”) is payable for up to 39 weeks. SMP will stop being payable if the employee returns to work. Employees are entitled to SMP if: • They have been continuously employed for at least 26 weeks at the end of the Qualifying Week and are still employed by Stokers during that week; • Their average weekly earnings during the 8 weeks ending with the Qualifying Week (the “Relevant Period”) are not less than the lower earnings limit set by the government; • They provide Stokers with a doctor’s or midwife’s certificate (MAT B1 form) stating their EWC; • They give at least 28 days’ notice of their intention to take maternity leave; and • They are still pregnant 11 weeks before the start of the EWC or have already given birth.
SMP is calculated as follows: • First 6 weeks: SMP is paid at a rate of 90% of the employee’s average weekly earnings calculated over the Relevant Period. • Remaining 33 weeks: SMP is paid either at a rate of 90% of the employee’s average weekly earnings calculated over the Relevant Period, or a rate set by the government for the relevant tax year, whichever is lower. SMP accrues from the day on which the employee commences OML and thereafter at the end of each complete week of absence. SMP payments shall be made on the next normal payroll date and income tax, national insurance and pension contributions shall be deducted as appropriate. The employee will still be eligible for SMP if they leave Stokers’ employment for any reason after the start of the Qualifying Week. In such cases, if maternity leave has not already begun, SMP shall start to accrue in whichever is the later of: • The week following the week in which the employment ends; or • The eleventh week before the EWC. If the employee becomes eligible for a pay rise before the end of maternity leave, they will be treated for SMP purposes as if the pay rise had applied throughout the Relevant Period. This means that SMP will be recalculated and increased retrospectively, or that the employee may qualify for SMP if they did not previously qualify. If this happens, Stokers shall pay the employee a lump sum to make up the difference between any SMP already paid and the amount payable by virtue of the pay rise. Any future SMP payments will also be increased if necessary. Terms and Conditions All the terms and conditions of employment remain in force during maternity leave, except for the terms relating to pay. In particular: • Benefits in kind such as life insurance, health insurance and use of a company vehicle if applicable shall continue; • Annual leave entitlement under the employee’s contract of employment shall continue to accrue; and • Pension benefits shall continue. During maternity leave, holiday entitlement will continue to accrue at the rate provided by the employee’s contract of employment. In many cases a period of maternity leave will last beyond the end of Stokers holiday year. Any holiday entitlement for
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