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. 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. 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. They will be paid the substantive rate for the role. Part of your statutory maternity pay is based on your average pay. For example, if your contract says you have to give one month’s notice you should give notice of your resignation at least a month before the end of your maternity leave. If the employee returns to their normal duties but on reduced hours, they should get their normal rate of pay for those hours they work. APPLICATION FOR MATERNITY PAY/LEAVE . If the employee is doing lighter duties, it's up to the employer and employee to agree on a … [This page was last updated on 10 December 2020.]. You can also make a flexible work application if you need to reduce your days/hours of work. Help: not returning to NHS and not repaying occupational maternity pay? 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. This is only a guide to maternity benefits it has no status in law. You have employment rights and responsibilities when you go back to work. This factsheet defines Special Class eligibility. If staff have not retired, but left NHS employment, and they return to work in roles covered by NHS national terms and conditions of service, they should be paid at the top of the appropriate pay scale for the role they are filling, providing they are returning to the same level of responsibility. 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. Existing regulations continue to apply during the pandemic. Hi, Does anyone know anyone who has paid back their NHS maternity pay instead of returning to work for the 3 months. Once your maternity leave/pay has ended you are back at work and entitled to take sick leave if advised by your GP or you can ask to take any annual leave that has accrued during your maternity leave. The policy details the eligibility criteria for the occupational scheme and the application process. You should check your contract to see if there are any circumstances in which your employer can cancel annual leave. Email: info@maternityaction.org.uk Do you have to pay back the maternity pay you received? Maternity Allowance is paid to pregnant women who do not get Statutory Maternity Pay - rate, eligibility, apply, form MA1 . 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). If it is not reasonably practicable for you to return to the same job, your employer can offer you a suitable alternative job on very similar terms and conditions. Your employer can put you onto furlough before your maternity leave and pay starts. Nhs - not returning to work after maternity (10 Posts) Add message | Report. If you are off sick for a pregnancy-related reason or on health and safety suspension or you have been furloughed because you cannot work during pregnancy, your employer can start your maternity leave automatically from 4 weeks before your expected week of childbirth. I previously worked weekends in my nhs job. 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. Requesting flexible working. 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. If you are not able to give 28 days’ notice you should give notice as soon as you reasonably can. If you only want a temporary change to enable you to continue breastfeeding you should discuss this with your employer. Bottom . This enhanced maternity pay is subject to you returning to work for three months at the end of your Maternity Leave period. 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. Your SMP should be paid through the payroll in the normal way and your employer is reimbursed for your SMP (including the first 6 weeks at 90%) by HM Revenue and Customs, see below on help for employers. Don't want to discuss with my manager until I know if it would be doable. They have informed me that I will get maternity pay for both jobs for up to 52 weeks. You can find more information on asking for part-time work or other changes to your days/hours of work here. 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). The purpose of the maternity leave policy is to detail the eligibility of employees to receive occupational NHS maternity pay. 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. (For office enquiries only, we cannot respond to advice requests from this email address. Further information on furlough is available here. For more information on what you will be paid on furlough after maternity leave, see FAQs on furlough here. REF NO. If you are returning to work during the pandemic your employer must take account of risks of infection from Covid-19 if your workplace has a higher risk of infection than outside the workplace and take reasonable action to remove the risks by altering your working conditions or hours of work or providing suitable alternative work. The appropriateness of putting such arrangements in place should be carefully considered on a case-by-case basis, with risk assessments where necessary, and only where an NHS employer and the individual employee consent, and should not be forced on individual employees. 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. The pay point should not be lower than the pay point before they retired, unless the staff member wishes to work in a more junior role (see below). Give your employer your MATB1 form from your midwife or GP. High earners should be made aware of potential pension tax implications of building up further pension. The actual amount and the frequency should be confirmed by their employer. You can see our blog on the Government response here. 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