Maternity Leave and related absences

Transcription

1 Maternity Leave and related absences Applicable to: All Staff Members Policy Owner: HR Support Manager, Human Resource Division 1

2 Document History Document Location The most current version of this policy is available on the HR Site on Plaza. Paper copies are valid only on the day they are printed. Refer to the owner if you are in any doubt about the accuracy of this document. Revision History This document will be reviewed from time to time to take into account changes in legislation, organisational developments and experience of the policy in practice. Date of this Revision: January 2018 Date of next Revision: August 2018 Revision Revision Summary of Changes Number Date 0.1 Policy created 0.2 February 2014 Policy updated 0.3 January 2017 Policy reviewed and updated 0.4 January 2018 Policy updated Approvals This document requires the following approvals: Title: Human Resources Director Distribution This document has been distributed to the approvers listed above, plus: Name: Senior Leadership Committee and Heads of Division Unite Union T&G Unions 2

3 Contents Page Number 1. Introduction 4 2. Objective 4 3. Policy Details Paid Maternity Leave Early Births Late Births Unpaid Maternity Maternity Social Welfare Benefits Maternity Clinic Appointments Ante-Natal Classes Hospitalisation of Child Illness of Mother Breastfeeding Breaks Risk Assessment 8 4. Parental Leave Right of Appeal and Contacts 9 5. Associated Policies Procedures, Supporting Documentation 9 Appendix 1 Request of Maternity Leave Form Appendix 2 Maternity Leave Checklist 3

4 1. Introduction This policy outlines the Central Bank s policy on granting maternity leave. 2. Objective The purpose of this policy is to provide a guideline to staff on maternity leave entitlements, as incorporated in current legislation, the Maternity Protection Acts 1994 & 2004, and to outline the Central Bank s conditions in respect of these entitlements. Statutory entitlements will at all times be dictated by the current legislation, as amended. 3. Policy Details 3.1 Paid Maternity Leave Staff must apply for paid maternity leave by completing the appropriate forms in advance and submitting this to HR Support, Human Resources Department (HRD). A list of the appropriate forms are contained in the appendix. A medical certificate giving the Expected Date of Delivery from your General Practioner must support the application. Staff should submit their application for maternity leave at least 4 weeks before the expected start date of maternity leave. Maternity leave must commence at least 2 weeks before the Friday of the week that the baby is due. However, staff may choose to start their maternity leave earlier than this date. In line with legislation, at least four weeks of maternity leave must be taken after the date of the birth of the child. The Central Bank encourages staff to inform their manager of the pregnancy as this enables the Central Bank to ensure that the environment is safe, and supportive, of all pregnancy requirements during this time. For staff members, who return from maternity leave within 6 months of the end of the annual leave year, they will be expected to work down any excess of accrued annual leave. For staff members who return with less than 6 months before the end of the annual leave year, and in the circumstances it s not possible to work down the accured annual leave, the Bank will consider an extension. Any extension will be assessed as part of the planned return to work, however, the maximum extension will be to the end of the following leaveyear end (i.e. 31 st March) for the second leave year after the return towork. 4

5 Where a fixed term contract is due to expire during the maternity leave period, the protection under the act and entitlement to maternity leave, will also expire on that date Early Births Where a birth occurs more than 4 weeks prior to the expected date, and the staff member has not commenced maternity leave, the staff member is still entitled to take 26 weeks maternity leave from the date of the birth. The staff member should inform HR Support, when a birth occurs prior to the expected date Late Births Where a staff member has commenced maternity leave, and has less than 4 weeks maternity leave left when the baby is born, the maternity leave may be extended so that the staff member is still entitled to 4 weeks paid maternity leave after the birth. The staff member must notify HR Support, in writing, advising of the length of any extension to maternity leave Unpaid Maternity Staff may also apply for statutory unpaid maternity leave at the time of applying for leave. However, individuals may wish to defer the application for unpaid maternity leave until closer to the end of the period of paid maternity leave, but not less than 4 weeks before the end of that period. The unpaid leave must be taken immediately after the paid maternity leave has ended. Following approval of unpaid maternity leave, staff must contact Payroll Section at least 4 weeks in advance to make arrangements for payment in respect of any salary deductions. Failure to do so will result in any deductions owing being taken at the next available pay date. Confirmation of return to work should be made, in writing, at least 4 weeks before the intended date of return to work. Entitlements in respect of annual leave, public holidays and increments accrue during the period of unpaid maternity leave. Unpaid maternity leave does not qualify as service for superannuation purposes. 5

6 Staff who take unpaid maternity leave are entitled to PRSI credits for that period the relevant form 1 should be completed and submitted to HR Support for certification. The form will then be returned to the staff member who should forward it to the relevant Social Welfare Office. 3.2 Maternity Social Welfare Benefit Entitlements As the Central Bank continues to pay staff s full basic salary/wages when on paid maternity leave, all eligible staff (PRSI classes A, E, H and S) are obliged to claim social welfare maternity benefit when absent on maternity leave, using the relevant form 2. As maternity benefit payments are taxable, Revenue will do the following; receive the maternity benefit details directly from the Department of Social Protection, reduce the staff members annual tax credits and rate band by the maternity benefit amount, and send a revised tax credit certificate to the Central Bank. Maternity benefit payments are not subject to USC and/or PRSI. In the case of maternity leave, the MB10 form must be completed at least 6 weeks before the week that the baby is due. For administration purposes, the staff member must nominate the Central Bank as payee. For further information on completing the MB10 form, please see the checklist which is contained in the appendix of this policy. The completed maternity social welfare forms should then be sent to HR Support, HRD, who will forward it to the relevant Social Welfare Office. In the event that cheques are sent to staff, all cheques must be forwarded to HR Support, as soon as possible. Failure to comply with this may result in the cessation or delay of payments of maternity pay to staff members by the Central Bank. 3.3 Maternity Clinic Appointments Staff are entitled to reasonable time off to keep medical or related appointments for ante or postnatal care. This is subject to written notification of the appointments to the employer within 1 week of attendance at the appointment. Staff must supply documentary 1 Application for Maternity Leave Credits ( 2 Maternity Benefit form MB10 ( to be completed and forwarded to the relevant Social Welfare office. Details of Maternity Benefit entitlements can be found in DSFA publication SW11 ( 6

7 evidence of attendance at such appointments, i.e. a note per visit or an appointment card stamped as attended, to HR Support. Staff are expected to return to work after appointments. It is understood that there may be some cases where return to work will not be possible due to either the time/location of the appointment or the duration of the consultation. The organisation requests that, where possible, the appointments are at the beginning, or the end, of the working day. For staff that are entitled to flexitime, credit will be given on receipt of the documentary evidence to HR Support in the normal way. Staff should notify local management of their absence when attending these appointments. 3.4 Ante-Natal Classes Staff are entitled to paid time off from work for the purpose of attending one set of antenatal classes for the first pregnancy. However, it is accepted that in some exceptional cases, the facility to re-attend a complete course for a second/subsequent pregnancy may be granted. These exceptions can be discussed with a member of the HR Support team. Expectant fathers shall have a one-time entitlement to paid time off from work to attend the last 2 ante-natal classes immediately before the birth. Time off for attendance at ante-natal classes is subject to supplying documentary evidence of attendance at the classes, as they arise, to HR Support. Staff should notify local management of their absence when attending these appointments. 3.5 Hospitalisation of Child Staff may postpone part of the paid maternity leave, or unpaid maternity, in the event of the hospitalisation of a child, and return to work, subject to the Central Bank s agreement. Upon receipt of this agreement, staff must return to work at the date agreed. 7

8 Maternity Leave may only be postponed after 14 weeks of the leave has been taken, 4 weeks of which must be after the end of the week of the birth. The maximum period of postponement of leave is 6 months. Applications to postpone paid maternity leave or unpaid maternity leave must be made in writing to HR Support as soon as possible. Staff must provide written evidence of hospitalisation and also discharge from hospital of the child. Further details on postponement of entitlements can be obtained, upon request, from HR Support. 3.6 Illness of Mother Staff may terminate the unpaid maternity leave in the event of illness, subject to HR Support s agreement. Staff may be entitled to benefit from payment of sick pay or disability benefit (if applicable). They will not be entitled to take the balance of unpaid maternity leave not taken at the date of termination, i.e. staff will be forfeiting the remaining unpaid leave. Applications to terminate unpaid maternity leave must be made in writing to HR Support. 3.7 Breastfeeding Breaks A mother who is breastfeeding is entitled to, without loss of pay, until the child reaches two years of age, either an adjustment of working hours (up to 60 minutes) or a 60 minute breastfeeding break. Staff are encouraged to speak to their manager and agree the working manner in which breastfeeding breaks will be taken. Breastfeeding breaks should not be recorded on My Time. Where these breaks are being taken while the staff member is on the Bank premises (as opposed to altering their normal start or finish time), staff can utilise the appropriate facilities in each location for this purpose. To guarantee privacy, staff are encouraged to lock the door in the Recovery Room in North Wall Quay and the Medical Room in Sandyford. Staff should use the swipe access card for the Medical room in Spencer Dock, which is held at Reception. 3.8 Risk Assessment The Central Bank is obliged to assess any risk to a staff member who is: pregnant; has recently given birth; or 8

9 breastfeeding. Therefore, if pregnant, staff are encouraged to inform their manager, so that the organisation can carry out a risk assessment as soon as possible. The risk assessment form can be found here and it is mandatory that the manager completes this form with the expectant mother as soon as possible. If a risk is identified, this must be raised with HR Support as soon as possible so the matter can be addressed. If a risk is identified and cannot be removed from the work process, then the organisation will take the following steps to ensure that you are no longer exposed to the risk: temporarily adjust the working conditions or working hours, to the extent needed to avoid the relevant risk; if step (a) is not feasible, then the staff member will be transferred to other work, or, in the case of night-workers, to day-work; if step (b) is not feasible, then the staff member will be given health and safety leave. The organisation will pay for the first 21 calendar days of health and safety leave, thereafter a social welfare benefit may apply. Information on Health and Safety aspects relating to expectant mothers can be obtained from the Environmental Health and Safety Officers in Facilities Management and the Currency Centre. If required, an additional risk assesment can be completed over the course of a pregnancy /breastfeeding. 4.0 Parental Leave Unpaid Parental Leave is also available to staff. A specific policy (Parental Leave Policy), setting out the conditions attached to this leave, is available on the Intranet or on request from HR Support. 4.1 Right of Appeal and Contacts For any disputes and appeals relating to rights under the Maternity Protection Acts 1994 & 2004, the complaint must be made in writing, usually within 6 months of the 9

10 circumstances of the dispute. Staff may contact the following for more information and guidance: Any dispute in relation to entitlements under this policy may be directed in the first instance to the HR Support Manager. Staff are free to appeal any dispute to the Head/Head of Function of HR Alternatively, staff are entitled to refer a dispute to the Work Place Relations Commission; Tel: (059) Website: For queries on your maternity benefit: Maternity Benefit Section Department of Social and Family Affairs LoCall: or (01) For queries on your rights relating to Maternity Leave: The Equality Authority Tel: LoCall or (01) Website: or Citizens Information Tel: Website: If you need further information on any of these issues, or on any other related issues not covered in this document, please contact a member of the HR Support team. 5. Associated Policies, Procedures, Supporting Documents Parental Leave Policy Maternity Leave application form Maternity leave checklist 10

11 Appendix 1 CENTRAL BANK OF IRELAND Request for Maternity Leave NAME:... STAFF NUMBER:... DEPARTMENT:... I wish to commence Maternity Leave on (note the first day of your maternity leave)... I wish to apply for sixteen weeks unpaid leave... My personal address is... Signed:... Date:... This form should be completed and forwarded to HR Support, HRD, together with a Medical Certificate confirming pregnancy and specifying the expected date of confinement. If you intend taking unpaid Maternity Leave please contact Payroll Section to make arrangements for any deductions which have to be made. Please note the sequence of leave that will apply regarding maternity/adoptive leave: 1) Paid leave 2) Unpaid leave (if requested) 3) Time off in Lieu for any Public Holidays/Bank Holidays that occurred while on paid/unpaid leave. Should you wish to take annual leave, it will be applied after the sequence above. 11

12 Appendix 2 Maternity leave checklist When applying for Maternity leave, you are required to provide the following: 1. Maternity leave application form This is the internal leave application form (above) Please ensure you detail the start of your maternity leave as the day you wish for your first day of maternity leave to begin. E.g., you are due on the 15 th Feb 2017, your last working day is therefore Friday, 3 rd February 2017, your first day of maternity leave is Monday, 6 th February 2017 Regarding unpaid maternity leave, if you are unsure about taking this leave, you can leave this blank and communicate with HR Support no later than 7 weeks before you are due to return from paid maternity leave 2. Application for Maternity Benefit (Social Welfare document) This is comprised of three parts MB1, MB2 & MB3 form (all one document) and it can be found here MB1: You are required to fill in part 1, part 2, *part 3, part 4 (if applicable), part 5 (if applicable) and part 6 (if applicable) *IMPORTANT: Please do not fill out question 26 of part 2 or your Payment Details at the end of part 3 (HR Support will fill in this detail) MB2: This will be filled in by HR Support MB3: The MB3 form does not have to be completed by your doctor as you are not self employed 3. Confirmation of your due date The Central Bank of Ireland requires confirmation of your due date from your doctor in order to process your maternity leave. 12