Each case will depend on its individual circumstances related to the employee and their work situation, meaning a blanket approach is unlikely to be adequate.
However, there are a few key areas which an employer should apply consistently to ensure they meet their basic and statutory obligations, such as;
I. Holidays – Employees will continue to accrue holidays as normal whilst on maternity leave, whether they are claiming statutory pay or maternity allowance. These are often used prior to, or upon return from maternity. Such employees are also allowed to carry holidays over into the new leave year, if they have not had the opportunity to use them.
II. Calculations of Pay – Be mindful to ensure all remuneration is being included in the calculations for the purposes of maternity pay. That is calculating if they meet the eligibility threshold as well as calculating their 90% weekly rate for the first 6 weeks of Statutory Maternity pay. Calculation rules can be complex, there is a calculator on www.gov.uk. However, employers may wish to seek advice if unsure about a particular case.
III. Recruitment, training and development opportunities – Before maternity leave starts, employers should agree with their employee the best way to keep in touch about important changes or news at work, this includes any recruitment, and training or development opportunities which they may be interested in. Employers should aim to agree a way of keeping in touch that’s comfortable for the employee, for example, asking them if they prefer email to phone calls. It is important employees on maternity leave are not excluded from opportunities they may ordinarily have availed of, simply because they are on maternity.
IV. Benefits, Pay Rises and Bonuses – Other than in respect of pay, employers’ obligations under the employment contract continue during maternity leave – including benefits. The only exception to this rule are benefits provided solely for business use, such as a car, mobile phone or laptop. Examples of benefits that an employee may enjoy and must be continued include gym memberships, memberships of share schemes, life insurance schemes, private medical insurance, and reimbursement of professional subscriptions and training costs. Importantly, women who have been on maternity leave must be treated in all respects when they return as if they had not been absent – they are entitled to any pay rises given while they were away.
The legal position in respect of bonuses is highly fact specific, therefore employers may wish to take advice. Generally, employees must receive a bonus that relates to any period before they started maternity leave (regardless of when it is actually paid), the two-week compulsory leave period and, of course, the period after they return to work.
A bonus that is considered part of salary will not be payable as this term does not apply during maternity leave. If a bonus is not considered part of normal salary then it will continue to be payable as a benefit, but an employer can provide such a bonus pro rata to reflect the time an employee has been absent.
V. Keeping in Touch Days (KIT) – Keeping in touch (KIT) days are optional working days that employees on maternity or adoption leave can use without bringing their leave or pay to an end. Employees can work up to ten KIT days during maternity or adoption leave. KIT days are designed to allow employees to undertake work, maintain contact with work colleagues, and keep abreast of any changes at work that may have taken place in their absence. Employees are entitled to be paid at their normal rate for working a KIT day. Employees cannot be forced to work a KIT day, some may chose not to work during their leave or indeed they may not be able to work due to childcare responsibilities for example. They should be agreed between employer and employee.
VI. Ongoing Risk Assessments & Adjustments – As noted in last months article, as an employer, you must carry out an individual risk assessment for pregnant workers and new mothers. The obligation does not end here, this not only applies to workers who are pregnant, but also those who have given birth in the last six months are those who are currently breastfeeding. Some working conditions and processes can potentially harm them and / or their child so employers must assess and control the risks posed in each case. Therefore, employers must review and update individual risk assessments: as the employees’ pregnancy progresses, or if there are any changes to their work or workplace, as well as if a returning employee confirms that they are breastfeeding.
VII. Breastfeeding – Employers must provide a suitable area where breastfeeding employees can rest or breastfeed. It should: include somewhere to lie down if necessary, be hygienic and private so they can express milk if they choose to – (toilets are not a suitable or hygienic place for this), and include somewhere to store their milk, for example a fridge.
Always remember: Employees should not be at any detriment for taking maternity leave, and they normally have the right to return to the same role and conditions they had prior to their maternity leave.
If you need any support with Maternity practices in your workplace, or indeed if you have any queries regarding your Maternity Policy & Benefits, do reach out to us.