Maternity & Paternity Leave Policy

Our Aim

Green Inc (eu) Limited values the contribution of its female employees and every effort is made to encourage women to return to work following the birth of their baby. We also recognise that arrangements for cover and communication during the period of maternity leave are very important to ensure a smooth transitional every stage.
If you are expecting a baby you should notify the HR Director as soon as possible; this is important for your general welfare and to ensure that any adjustments can be made to your job to comply with health and safety requirements.

Scope

This policy applies to all eligible employees and outlines the basic rights and benefits you may be eligible for.

Procedure

As soon as you are aware that you are expecting a baby you should contact the HR Director in order that an informal meeting can be arranged with you to explain the following procedure and to ensure a risk assessment is carried out to identify any risk to your health or that of your unborn child.

Time Off for Ante-Natal Care

You will be allowed reasonable paid time off to keep an appointment for ante-natal care. After your first appointment you may be requested to show your appointment card for subsequent appointments. You may also be requested to make appointments at the beginning or end of the working day in order to minimise disruption to the working day for you, clients and other colleagues.

Maternity Leave

You are entitled to be away from work for a period of 26 weeks Ordinary Maternity Leave (OML) followed immediately by 26 weeks Additional Maternity Leave (AML), regardless of length of service.
Maternity leave can commence any time from the 11th week before the Expected Week of Childbirth (EWC) provided you give the Company 28 days’ notice in writing:

That you are pregnant.
The Expected Week of Childbirth (EWC).
When you want your maternity leave to start.
Enclose the MATB1 Form issued by your Doctor or Midwife.

It is possible to change the commencement date of your leave providing at least 28 days’ notice of the change is given (unless this is not reasonably practicable).
Following the written notification, Green Inc will respond to you within 28 days, setting out the date on which you are expected to return to work if your full entitlement to maternity leave is taken.
Should you be absent from work due to sickness leading up to the commencement of Maternity Leave, the company may request you to commence your maternity leave between 2 and 4 weeks prior to the due date of the baby, if it is deemed unlikely that you will be fit to return to work before the baby is due.
A welfare visit will be arranged with you to discuss this in greater detail should you be absent or unfit for work leading up to the Maternity Leave period. A professional medical opinion as to the suitability of a return to work for the remainder of the pregnancy may also be sought, but discussed and agreed with you beforehand.

Maternity Pay

Maternity Allowance

If you have less than 26 weeks service at the start of the 15th week before the EWC, you will not be entitled to Statutory Maternity Pay (SMP), but you may be eligible for Maternity Allowance. Please contact your local benefits office or your Manager for further information on the entitlement to this benefit.

Statutory Maternity Pay

If you have at least 26 weeks continuous service at the start of the 15th week before your EWC, you will normally be entitled to receive Statutory Maternity Pay (SMP) whether or not you intend to return to work, providing you have reached the minimum National Insurance Contribution threshold..
For the first six weeks you will be paid at the higher rate of 90% of your average weekly earnings.
For the next 33 weeks you will receive payments at the lower rate. (£139.58 as at 3rd April 2016) or 90% of your average weekly earnings (whichever is the lower).
SMP is paid into your bank account on the same day as your normal salary would be paid and is subject to usual deductions of tax, NI and pension contributions as appropriate.

Transfer of Maternity Leave and Pay

If an employee proposes to return to work early without using her full 52 week entitlement to maternity leave, her spouse, partner, civil partner or father of her child may be entitled to Shared Parental Leave. If you are considering Shared Parental Leave please notify the HR Director.

Employment status whilst on maternity leave

Your contract of employment continues during the period of maternity leave, i.e. for both Ordinary and Additional Maternity Leave.
All benefits, with the exception of monetary wages or salary, will continue to apply during the period of Ordinary Maternity Leave only, i.e. holiday entitlement.
There will continue to be a mutual obligation of trust and confidence from Green Inc and you during the period of Additional Maternity Leave. This means that, for example, you are required to give Green Inc your normal period of notice should you wish to terminate your employment whilst on maternity leave. Equally, whilst on maternity leave you will be informed of any review to salary at the same time as other employees within Green Inc. In circumstances where the salary increase should be backdated, Statutory Maternity Pay will be amended accordingly.

Keeping in touch

You may carry out up to 10 days work during the Statutory Maternity leave period without bringing your maternity leave to an end. This may include training or any activity undertaken for the proposes of keeping in touch with the workplace. This can include reasonable contact from time to time between employees and Green Inc.
This will not apply in relation to any work carried out at any time from childbirth to the end of the period of two weeks which commences with the day on which childbirth occurs.
This does not confer any right on Green Inc to require that any work be carried during the Statutory Maternity Leave period, nor any right on the employee to work during the Statutory Maternity Leave period.
Any day’s work shall not have the effect of extending the total duration of the statutory maternity leave period.
Green Inc will maintain reasonable contact during your maternity leave. Prior to the commencement of your leave we will agree what kind of contact you will have, e.g.

How we will let you know about any changes happening with Green Inc including job vacancies.
If there are opportunities for you to work or attend training or other events during your maternity leave.

Returning to work after maternity leave

If you decide to return to work immediately after your OML you will return to work in the same job as you left prior to starting your maternity leave. If, for health and safety reasons, you were doing a different job prior to going on maternity leave to one you were originally contracted to do, you may still return to the temporary job for a short time if it is felt that your health and safety may still be at risk.
If you take more than 26 weeks OML you may be offered a suitable alternative job if it is not reasonably practicable for Green Inc to keep your original job open.
If you wish to return to work before the end of your maternity leave you will need to give Green Inc eight weeks notice of the date you want to return to work. If you fail to give adequate notice, Green Inc may delay your return until the date when the eight weeks notice would have expired, but this must not extend beyond the 52-week leave period.
If you want to work flexibly, including part-time or reduced hours, following your return to work you should formally request flexible working arrangement in writing to the HR Director. Green Inc will consider all requests seriously but may have to turn it down on genuine business grounds or agree a different arrangement. Please review the Flexible Working Policy for further information.
If you are breastfeeding when you return to work we will discuss appropriate arrangements with you and a risk assessment will be conducted to identify any health and safety risks to you as a breastfeeding mother or to your child.

Postponement of return

As a general rule you cannot postpone your return to work. If you are unable to return to work due to sickness, the normal sickness absence procedures apply.
Green Inc can only postpone the return to work if you attempt to return before the end of your maternity leave and the required notice of eight weeks has not been given. In this circumstance, the return can be delayed for a period of 28 days.

Maternity – health and safety

Green Inc recognises that there may be specific concerns and/or risks to expectant or new mothers. If you believe that there is a risk to your health and safety or to that of your baby that Green Inc has not considered in our risk assessment, you should bring this to the attention of the HR Director.

Every effort is made to support those employees taking paternity leave. This policy sets out the leave that is allowed, and the associated arrangements.

Paternity leave following the birth of a child

Eligibility

You will be eligible for paternity leave and pay if you:

are the father of the child or the husband or partner of the mother (including same-sex partner)
have worked for the employer for a minimum of 26 weeks by the ‘notification week’ (ie the end of the 15th week before the expected week of childbirth (EWC)) or, for adoption paternity leave, by the end of the week in which the child’s adopter is notified of matching have or expect to have responsibility for the upbringing of the child if you are the father or expect to have the main responsibility for the upbringing of the child if you are the mother’s husband or partner but not the child’s father have given the correct notice.

Length of paternity leave

You can choose to take either one week or two consecutive weeks’ paternity leave (not occasional days or separate weeks) and you can choose to start your leave:

from the date of the child’s birth (whether this is earlier or later than expected) or
on a chosen day after the date of the child’s birth (whether this is earlier or later than expected) or
from a chosen date which is later than the first day of the EWC.

If the child is born before the EWC, paternity leave must be taken:

within 56 days of that date or
within 56 days of the actual date of birth of the child.

Only one period of leave will be available to you even if more than one child is born as the result of the same pregnancy.

Pay

During your paternity leave you may be entitled to statutory paternity pay (SPP) from the company. SPP will be at the rate which is in force at the time.

Notice

You are required to inform us of your intention to take paternity leave in or before the 15th week before the EWC, unless this is not reasonably practicable. You will need to inform [insert job title of person] in writing of:

the week the baby is expected
whether you wish to take one or two weeks’ leave
when you want the leave to start.

You must inform us, in writing, as soon as is reasonably practicable after the child’s birth, of the date on which the child was born.

You may be required to give [insert job title of person] a signed declaration that you wish to take paternity leave to care for a child or support the child’s mother and that you satisfy the eligibility criteria as set out at the beginning of this policy.

If you have given notice of your intention to take paternity leave and wish to change the date that your paternity leave begins, you must give written notice 28 days before the new period of leave is due to start.

Contractual benefits

You are entitled to your normal terms and conditions of employment, except for terms relating to wages or salary (unless the contract of employment provides otherwise) throughout your paternity leave. You may however be entitled to SPP for this period.

You will continue to remain bound by any obligations arising under your contract of employment.

Return to work after paternity leave

You are entitled to return to the same job following no more than two weeks’ paternity leave.

If, however, you take two or more consecutive periods of statutory leave (which could include additional adoption leave or parental leave of more than four weeks), you will be entitled to return to the job in which you were employed before your absence. If that is not reasonably practicable for the company, then you are entitled to return to another job which is both suitable and appropriate in the circumstances.

You have the right to return:

with your seniority, pension rights and similar rights
on terms and conditions not less favourable than those which would have applied if you had not been absent.

You will not be subject to any detriment by the company because you took or sought to take paternity leave.

Paternity leave and pay following adoption

You will be eligible for paternity leave and pay on the adoption of a child if you:

have or expect to have the main responsibility for the child’s upbringing
are either married to or the partner of the child’s adopter
have worked continuously for the company for 26 weeks ending with the week in which the child’s adopter is notified of having been matched with the child
have given the correct notice and complied with any requirements to produce evidence.

Notice

You must inform us of your intention to take paternity leave no more than seven days after the date on which the adopter is notified of having been matched with the child. If that is not reasonably practicable, you must notify us as soon as possible. You will need to specify:

the date on which the adopter was notified of having been matched with the child
the date on which the child is expected to be placed with the adopter
whether you wish to take one or two weeks’ leave
when you want the leave to start.

Contractual benefits

You will remain bound by any obligations arising under your contract of employment.

Return to work after paternity leave

You have the right to return:

with your seniority, pension rights and similar rights
on terms and conditions not less favourable than those which would have applied if you had not been absent.

You will not be subject to any detriment by the company because you took or sought to take paternity leave.

Additional paternity leave

Employees with babies due on or after 3 April 2011 are entitled to take additional paternity leave. In addition, those adopting a child after this date will also be entitled to take additional paternity leave.

Additional paternity leave (APL) can be taken when your partner returns to work from a period of statutory maternity leave or statutory adoption leave without taking his or her full entitlement. The outstanding entitlement transfers to you. If your partner has not taken his or her full SMP or SAP this will also transfer to you when you commence APL.

To qualify for APL you must be the father of the baby, or be married to or the common law partner of the mother or adopter of the baby, or expect to have responsibility for the child. This includes same sex partners. You must give eight weeks’ notice of your intention to take APL.

In addition, to qualify for APL you (in the case of birth) must have worked for the employer for at least 26 continuous weeks by the 14th week before the baby is due and still be employed by the employer in the week before APL is due to start. Or, (in the case of adoption), you must have worked for the employer for at least 26 continuous weeks by the week in which the couple are notified that they are being matched with a child, and still be in employment with the employer in the week before APL is due to start.

APL must be for a minimum of two weeks, and a maximum of 26 weeks. It must not start until 20 weeks have passed since the birth or placement of the child. It must not end later than 12 months after the birth/placement. APL must be taken in multiples of complete weeks.

If you wish to take APL you must inform your line manager. You will be required to complete self certification forms to confirm your entitlement to take the leave. The employer has the right to check the accuracy of any information that is supplied.