Family Leave and Work Life Balance

Am I entitled to make an application for Flexible Working?

Yes, if you are not an agency/bank worker and you have not made more than one application to work flexibly during the previous 12 months. 

If I am eligible, what can I request?

You can submit an application for a change to the hours you work; a change to the times when you are required to work or a change to the place you are required to work. An acceptance of a request for flexible working will result in a permanent change to your terms and conditions of employment (unless otherwise agreed). You will have no right to revert back to the previous working pattern.

How do I make an application for Flexible Working?

All applications for flexible working must be made on the Flexible Working  Application Form. The completed form should then be submitted to your line manager which will then be acknowledged in writing.

What happens next?

Your line manager will hold an initial meeting with you to discuss the application within 4 weeks of the date received. After the initial meeting your manager will inform you of their decision in writing. If the request is accepted, your line manager will confirm this in writing, specifying the new working pattern and the date from which it will take effect. Your line manager will also complete a Notification of Change Form for the Payroll Department.

Yes, there are two exemptions to this: the procedure for employees returning from maternity or adoption leave who wish to job share is described in the job share policy, and the procedure for introducing annualised hours described within the annualised hours guidance. 

What if my application is unsuccessful?

Non-acceptance of an application for flexible working can only be for valid and objective service/operational reasons. Your line manager will confirm the reasons in writing to you following the initial meeting and will also provide details of the formal appeal procedure.

How do I appeal?

The employee will have a right to appeal within 14 calendar days of receipt of the written outcome of the request. When exercising this right, the employee must identify the reason for their appeal.

The appeal panel will be chaired by the next level of management and supported by an HR adviser who has not previously been involved in the process.

The appeal panel Chair will inform all parties of the arrangements for the hearing in writing no later than 14 calendar days before the hearing. The hearing and outcome must take place within 3 months of the application being submitted.

Am I entitled to be accompanied?

Yes, you are entitled to be accompanied by a trade union/professional organisation representative or accompanied by a fellow colleague, friend or relative not acting in a legal capacity at all stages of the process.

The HR Support and Advice Unit can be contacted on 0141 278 2700 if you have any further questions or need guidance on this policy area.

The HR Support and Advice Unit can be contacted on 0141 278 2700 if you have any further questions or need advice on this policy area.

The material contained in this section is management guidance, rather than guidance that has been agreed in partnership.

OfS Flexible Working Application Form

What is the guidance for working at home?

 In order to compliment the Home Working Policy, guidance was created in partnership in September 2020, which is available to view here.

What are the benefits of Homeworking?

There are a number of reasons why homeworking and working at home
is desirable including:

• providing greater flexibility
• increasing scope to meet the Board’s commitment to equal
opportunities, (e.g. it may enable a person with disabilities to do a job they otherwise would not be able to do)
• reducing energy consumption and pollution from unnecessary car journeys
• attracting and retaining staff
• providing a working environment which allows work to be carried out effectively and efficiently

The HR Support and Advice Unit can be contacted on 0141 278 2700 if you have any further questions or need guidance on this policy area.

What is Maternity Leave?

Maternity Leave is a period of absence from work granted to a mother before and after the birth of her child.

Am I entitled to Maternity Leave?

An employee working full-time or part-time will be entitled to paid and unpaid maternity leave under the NHS contractual maternity pay scheme if:

You have twelve months continuous service with one or more NHS employers at the beginning of the 11th week before the expected week of childbirth

You notify your employer in writing before the end of the 15th week before the expected date of childbirth (or if this is not possible, as soon as is reasonably practicable thereafter)

• of your intention to take maternity leave
• of the date you wish to start your maternity leave
• that you intend to return to work with the same employer or other NHS employer for a minimum period of 3 months after your maternity leave has ended
• provide a MATB1 form from your midwife or GP giving the expected date of childbirth

How much time off am I entitled to?

All employees will have the right to take 52 weeks of maternity leave. Please refer to the FAQ guide for details on pay entitlement related to length of service.

How do I apply for Maternity Leave?

In order to apply for maternity leave you must complete a maternity leave transaction through eESS employee self service. This will allow you to enter the dates for your maternity leave which will be submitted to the appropriate manager to approve the initial request which then progresses to HR Support and Advice Unit.  One you have completed the maternity leave transaction you must provide your manager with your original MATB1 form before the end of the 15th week before the expected date of childbirth. There is a function on eESS to electronically attach the MATB1 form.

If you do not have an eESS ID due to not having a GGC email or access to GGC network then your manager can complete the maternity leave transaction on your behalf via manager self service.

Your paperwork will then be processed by HR and Payroll. You/ your manager will be able to view your maternity leave dates via eESS self service functions.

eESS Maternity Leave Standard Operating Procedures

What happens with my holiday entitlement?

Employees continue to accrue all their annual leave and public holidays as normal throughout the entirety of their maternity leave, it does not need to be recalculated.

For example, if a nurse took maternity leave from 1 April 2019 to 31 March 2020 – i.e. a whole annual leave year – then they would return to work on 1 April 2020 with double their normal annual leave entitlement and 16 rather than 8 public holidays (still pro rata for part-time staff)*.

However, as early as possible between a manager being notified of an employee’s pregnancy and before that employee goes on maternity leave, the manager and employee need to discuss how best to plan to use this annual leave, pre- and post-maternity leave, including how much might need to be carried forward into a new annual leave year as it is not possible to take annual leave during maternity leave.

*Doctors and dentists have different annual leave years and entitlements than in the example above – please see Medical and Dental Policies – NHSGGC – however the principle of not losing any entitlement on account of maternity leave applies equally to all staff. 

What are keeping in touch days?

Keeping in touch (KIT) days are intended to facilitate a smooth return to work for women returning from maternity leave.

An employee may work for up to a maximum of 10 KIT days without bringing her maternity leave to an end. Any KIT days will not extend the maternity leave period and will be paid at the employee’s basic daily rate.

It is important that the employer and employee have early discussion to plan and make arrangements for KIT days before the employee’s maternity leave takes place.

Please note: Employees who agree to work KIT days will not be paid for work done in addition to SMP. The statutory rules provide for payment at a rate no less than the weekly value of SMP for work done on a KIT day, so if you work 10 hours on a KIT day with a contractual payment of £190.00 you will not receive the £190.00 in addition to the weekly rate of SMP (£172.48 for 2023/2024) however since that exceeds the SMP rate you will be paid £190.00 instead of SMP. If you work 8 hours on a KIT day and the contractual payment is £80.00, you will receive £172.48 SMP which is higher than the contractual payment. Payment is made of the higher value only.

Return to Work Arrangements

Employees should be provided with information and support regarding return to work arrangements. These include:

• The right to return to their job under the original contract on no less favourable conditions;
• The right to request a return to work on flexible working arrangements;
• The right to parental leave; and
• Provision of support for mothers who wish to breastfeed after they return to work.

Not returning 

On the occasion you notified your manager of your intention not to return to work with the same or different NHS employer, in accordance with the most recent NHS Circular: PCS(AFC)2019/7– if an employee fails to return within 15 months of the beginning of their maternity leave they will be liable to refund the whole of their maternity pay, less any Statutory Maternity Pay received.

Keeping records up to date

We need to know when you’re at work and when you have any type of time off. This is important to make sure we pay you correctly too.

All managers should ensure that SSTS is updated correctly and payroll is informed, where SSTS is not available.

The HR Support and Advice Unit can be contacted on 0141 278 2700 if you have any further questions or need advice on this policy area.

What Evidence Do I Need To Give My Employer?

If you are expecting a baby you will need to submit to your manager a MATB1 form or a letter from your midwife or doctor that confirms the week your baby is due. This week is called the Expected Week of Confinement or EWC.

When Should I Tell My Manager That I’m Expecting A Baby?

You should tell your manager as soon as possible but no later than 15 weeks before the EWC. You will receive a MATB1 from your midwife or GP once you are at least 20 weeks pregnant. To find the 15th week before the EWC, find the Sunday before the due date (unless your baby is due on a Sunday, in which case use the due date), and count back 15 weeks.

Will I Receive Written Confirmation from My Employer?

You will be able to view the details of your maternity dates via eESS employee self service.

If you are not entitled to Statutory Maternity Pay (SMP), you will also be given a Form SMP1, which you should use to claim Maternity Allowance from Job Centre Plus.

Am I Allowed Time Off For Ante-Natal Care?

Yes, but you must provide evidence of appointments and give your Manager reasonable notice of your leave.

How Long Am I Entitled To Take Off Work for my Maternity Leave?

All pregnant employees are entitled to take up to 52 weeks’ statutory maternity leave (SML) around the birth of their child. 

Am I Entitled To Statutory Maternity Pay (SMP)?

Do you have at least 26 weeks service with NHS Greater Glasgow and Clyde 15 weeks before your baby is due?

a) Yes, you will receive 39 weeks statutory maternity pay as long as you have at least 26 weeks continuous service with NHSGGC by the 15^th week before the week your baby is due and your average earnings exceed the Lower Earnings Level for National Insurance purposes (£123 per week for 2023/2024 tax year).

b) No, not if you are employed for less than 26 weeks prior to the 15^th week or your average earnings are less than the current Lower Earnings Level for National Insurance purposes. 

c) If you are unsure if you qualify, the payroll department can advise you on this.

Do I accrue annual and public holiday hours whilst I am on Maternity Leave?

Yes, all employees on Maternity Leave will accrue both annual leave and public holiday hours.

With agreement from your line manager, these hours can be used either at the start of the leave, at the end or a combination of both.

SMP – What Is the current rate and the current Lower Earnings Level for National Insurance?

A3.1 The current rate of SMP is £172.48 per week (or 90% of an employee’s average weekly earnings before tax if lower than £172.48). You can find this at https://www.gov.uk/maternity-pay-leave/pay.

To qualify for SMP you must have average earnings at least equal to the Lower Earnings Level for National Insurance purposes which is currently £123 per week. You can find this at https://www.gov.uk/government/publications/rates-and-allowances-national-insurance-contributions/rates-and-allowances-national-insurance-contributions. 

How do I Calculate SMP?

The calculation period is the eight weeks, if you are paid weekly, up to and including the 15th week before your baby is due. If you are paid monthly, the calculation period is usually based on the last two monthly payments received before the end of the 15th week before your baby is due. To work out the weekly average if you are monthly paid, add up the pay on the payslips, divide by 2 , multiply by 12 and divide that number by 52. Pay can include holiday pay, bonuses, overtime, sick pay and any previous periods of SMP but not Maternity Allowance. National pay awards, usually effective from 1^st April, which fall due after the assessment period will result in the reassessment of SMP based on values derived from the increased salary. The revised SMP will be payable from the start of the maternity leave or from the effective date of the pay award (usually 1^st April), whichever is later.

What If I Am Not Entitled To Statutory Maternity Pay?

If you do not qualify for SMP, you may still be able to receive Maternity Allowance. If you are not entitled, an SMP1 form will be sent to your home address at the time your maternity leave application is processed. You should take this to the Department of Work and Pensions who in turn will advise you if you qualify for Maternity Allowance.

How Is Statutory Maternity Pay Paid?

You will receive your pay on your normal pay day. SMP is paid in complete weeks. If you are monthly paid, some months will have four weeks SMP and others will have five. The number of weeks is determined by the number of Saturdays in the month. Your pay slip will be sent to your home address from your department.

How Much Payment Will I Receive During Maternity Leave?

A3.5 The payment for Occupational and Statutory Maternity Pay run concurrently and the amount you will be paid depends on your entitlement to each.

a). If you are eligible for occupational maternity pay and SMP :

8 weeks @ full pay

18 weeks @ half pay + SMP (£172.48 effective from April 2023 or 90% of average weekly earnings, whichever is less) provided the total receivable does not exceed full pay.

13 weeks @ SMP only (£172.48 effective from April 2023 or 90% of average weekly earnings which ever is less).    

13 weeks @ no pay

b). If you are not eligible for occupational maternity pay but you do qualify for SMP :

6 weeks @ 90% of average weekly earnings.

33 weeks @ SMP only (£172.48 effective from April 2023) or 90% of average weekly earnings, whichever is less).       

c). If you are eligible for occupational maternity pay but do not qualify for SMP :

8 weeks full pay less **Maternity Allowance

18 weeks half pay provided half pay plus **Maternity Allowance does not exceed full pay

13 weeks **Maternity Allowance

**Maternity Allowance is not paid by NHSGGC but by Dept of Work & Pensions 

Note:

Generally, Maternity pay starts on a Sunday. It is paid out in whole weeks.

e.g. If you start your maternity leave on Sunday 6^th September 2015. you will receive: 

5 days basic pay 1^st to 5^th September

3 weeks mat leave 6^th September to 26^th September

The 27^th to 30^th September is not a full week therefore it will be added to your October pay.

How is Occupational Maternity Pay Calculated?

OMP is calculated using your earnings in the same fixed pay periods described for the SMP calculation. National pay awards and annual increments which fall due after this assessment will result in a reassessment of OMP based on values derived from the increased salary. Revised OMP resulting from a national pay award or increment will be applied from the start of the maternity leave or from the effective date of the pay award/increment, whichever is later.

What If I Change My Contract After My OMP Earnings Have Been Assessed But Before I Commence Maternity Leave?

Any changes to your contract which take effect after the OMP earnings have been assessed will impact the OMP which you will receive. OMP will be recalculated to reflect contractual change to, for example, your grade, contracted hours or to the out of hours banding payment made to doctors in training. In some cases this reassessment will positively impact the level of OMP whereas in others the recalculation will produce a lesser value of OMP than the original calculation.

I Have Heard You Can Request That The Payments Are Given Evenly Instead Of Ending Up The Last Few Months With Very Little Income. How Does This Work?

Maternity Pay, by prior agreement with your employer, may be paid in a different way such as equal weekly values spread over the maternity leave period of up to 52 weeks.  However, HMRC regulations state employees must receive at least 90% of their salary for the first 6 weeks of their maternity leave; therefore, equal payments cannot be applied to this period. 

If you wish to apply for equal payments of your Occupational Maternity Pay, you can do so via section 18 of the Maternity Leave Application Form. This option, if selected, must be made prior to the commencement of your maternity leave and this cannot be changed afterwards.

I Am Currently Off Work On Maternity Leave And I Am Pregnant Again. How Will My Pay Be Calculated For This Second Period Of Maternity Leave?

Your entitlement to both Statutory and Occupational Maternity Pay are calculated on the payments received during the 8 week period prior to the Qualifying Week. If your earnings during that period have been reduced because you were receiving half pay or you were on unpaid maternity leave then OMP / SMP for the second period of leave will reflect these reduced earnings.

What Payment Will I Receive If I Do Not Intend to Return to Work?

The qualifying criteria for both OMP and SMP are the same whether you are returning to work or not. Therefore, providing you satisfy the qualifying conditions you will receive 6 weeks pay at 90% of your average weekly earnings followed by 33 weeks at the standard rate of SMP. These payments will be made on an ongoing basis and, if you are paid monthly, will be blocked into a number of weeks each month depending on the number of Saturdays in that month.

I Am Undecided Whether I Will Return to Work or Not – How Will I Be Paid?

You will be treated initially as if you do not intend to return to work and will be paid 6 weeks at 90% of average earnings followed by 33 weeks at the standard rate of SMP. If you subsequently decide to come back to work, and work for a minimum of three months, you will be paid the difference between what you have been paid under the leaver entitlement and the amount which would have been paid to you if you had declared your intention to return at the outset.

What If I Am Off Sick Prior To My Maternity Leave With An Illness That Is Not Connected To My Pregnancy?

If you are off work with a non-pregnancy related illness you will receive any sickness benefits that you are entitled to be paid up to the point of the notified date of maternity leave then SMP will commence.

What If I Am Off Sick Due To A Pregnancy Related Illness?

Any sickness benefit or SSP is paid up to the 4th week before the expected date of confinement. If you continue to be off sick after this period you will start Maternity Leave and will be paid SMP. Odd days of pregnancy related illness within the last 4 weeks before EDC may be disregarded and treated as sick leave if you wish to continue working.

What Happens If My Baby Is Born Early?

If your baby is born prematurely or before the notified expected week of confinement all entitlements for maternity leave and pay are the same as if your baby were born full term. If your baby is born before the 11^th week of EDC and you have worked during that week, your maternity leave will start on your 1^st day of absence. If you have been off on certified sick, your maternity leave will commence the day after the birth.

My Baby Is In Hospital. Do I Need To Take Maternity Leave?

Yes it is a legal requirement that you take a minimum of 2 weeks immediately after the birth however the occupational scheme rules allow you to return to work and take the rest of your leave when your baby comes home by mutual agreement between you and your manager. However, if you choose to do this you will forfeit SMP at the lower rate for each week worked.

What Happens If My Baby Is Born Late?

If your baby is born late this does not affect the payment of SMP.

I Have A Fixed Term Contract, What Am I Entitled To?

If your contract is due to end after the 11^th week before the EDC and you have 12 months continuous service your contract will be extended to allow you to receive 52 weeks leave including occupational and statutory maternity pay and 13 weeks of unpaid maternity leave. If you do not have 12 months continuous service you may still be entitled to Statutory Maternity Pay if you have 26 weeks continuous employment at the qualifying week. If your contract is due to end prior to the 11^th week before the EDC you will not receive any occupational maternity pay from NHSGGC however you may still be entitled to SMP or maternity allowance. The Payroll Department will be able to confirm your entitlements.

Will I Be Able To Return To My Fixed Term Post?

There will be no right to return if your contract would have ended had your pregnancy and childbirth not occurred. Your contract will be terminated under the provisions of ending a fixed term contract at the end of your Maternity Leave.

Will I Be Required To Pay Back Any Occupational Maternity Pay I Received?

No, the repayment provisions will not apply if your contract would have ended had your pregnancy and childbirth not occurred.

I Have A Rotational Training Contract, will I be able to complete this?

If you are on a planned rotation of appointments with one or more NHS employer as part of an agreed programme of training, you will have the right to return to the same post or to the next planned post irrespective of whether your contract would otherwise have ended if pregnancy and childbirth had not occurred. In such circumstances, your contract will be extended to enable you to complete the agreed programme of training. Special rules apply if your rotation to another employer takes place between the 14^th and 11^th week before your baby is due which may see your entitlement to OMP being paid by your new employer and SMP being paid by your current employer. 

Will My Manager Keep In Touch With Me During My Maternity Leave?

Yes, Your line manager should keep in contact with you throughout the period of your confinement and maternity leave, providing information and support where required and a link to the workplace.

What Is The Purpose Of Keeping In Touch (KIT) Days?

KIT days facilitate the process of an employee and their manager keeping in touch during the maternity leave period and support the smooth return to work for the employee returning from maternity leave. Examples of when they may be used include Training/Development sessions, team meetings, service or policy updates or working a normal shift.   

Do I Need To Use All 10 Available KIT Days During My Maternity Leave?

No. KIT days are optional.  You may choose to work any number in agreement with your manager or indeed decide that you do not wish to work any KIT days during Maternity Leave. The payment rules for KIT days worked, up to a total of 10 days.

Can I Work More Than The 10 Available KIT Days During My Maternity Leave?

No. If you work an 11^th day,  your maternity leave will come to an end.

Are There Any Periods During My Maternity Leave When I Am Not Able To utilise KIT Days?

You may not work by law during the two weeks immediately following the birth of your child. 

I Understand That If I Only Use A KIT Day To Go Into Work For 2 Hours Training, This Will Count As Me Using 1 KIT Day. Does This Mean I Am Paid For 1 Days Work Or Only 2 Hours Work?

Any work done on any KIT day under your contract of employment will count as a whole (one) KIT day. Therefore, if you attend work for a 2 hour training session this will count as 1 KIT day. 

How Should Any Hours Worked As A KIT Day Be Input And Recorded On SSTS To Ensure The Correct Payment?

Hours worked on a KIT day should be recorded as a roster note in SSTS and the detail will be passed automatically to Payroll where a manual calculation of the KIT payment will be performed. The roster note should describe the date and hours worked together with an indication of how many KIT days have been worked (including this latest KIT day) in the current maternity leave absence.

Will Any KIT Days Worked Extend The Maternity Leave Period?

No.

Do The KIT Days Have To Be Worked Consecutively?

No. This is not essential and the planned KIT days can be worked consecutively or not, as agreed between the employee and their manager.

Will I Be Paid Any Worked KIT Days In Addition To Statutory Maternity Pay (SMP)?

No. Employees who agree to work KIT days will not be paid for work done in addition to SMP. The statutory rules provide for payment at a rate no less than the weekly value of SMP for work done on a KIT day, so if you work 10 hours on a KIT day with a contractual payment of £190.00 you will not receive the £190.00 in addition to the weekly rate of SMP (£172.48 from 6 April 2023) however since that exceeds the SMP rate you will be paid £190.00 instead of SMP.  If you work 8 hours on a KIT day and the contractual payment is £80.00, you will receive £172.48 SMP which is higher than the contractual payment. Payment is made of the higher value only.

If I Work A KIT Day When Should I Expect To Receive Payment?

Payment will be made in the first pay bill run after input of the SSTS roster note.

What Happens If I Work More Than 1 KIT Day In A Week Or If I Work A Week Solely Made Up Of KIT Days?

he KIT days payment will be based on the total number of hours worked in that calendar week. The contractual payment for KIT days worked will be compared to the SMP value and the higher payment will be paid.

If I Am Entitled To Maternity Allowance Only And Not Eligible For SMP, How Will My Payment Be Calculated?

Payment for KIT days worked will be made for any amount greater than the weekly value of Maternity Allowance. If the KIT day calculation is less than the value of MA then no payment will be made.

Am I Allowed To Utilise KIT Days When On Unpaid Maternity Leave (Normally Weeks 40 To 52) If So How Will The Payment Be Calculated?

KIT days will be paid at the normal hourly rate as if the employee were at work.

What Impact Will Working A KIT Day Have On My Occupational Maternity Pay?

If the KIT day is worked between weeks 1 to 26 of maternity leave, the calculation will be based on the greater of :

1. payment for hours worked, or
2. payment for 1 day OMP (i.e. at full or half pay), or
3. Full week value of SMP

If the KIT day is worked between weeks 27 to 39 of maternity leave, the calculation will be based on the greater of :

1. payment for hours worked, or
2. Full week value of SMP

If the KIT day is worked between weeks 40 to 52 of maternity leave, the calculation will be based on

1. Payment for hours worked

I’m Still Breast Feeding, Will This Affect Me Working Keeping In Touch Days?

Your employer is required to complete a risk assessment of your working conditions and provide you with the required facilities including an area to rest and express milk and a dedicated storage space for storing expressed milk.

What Is The Earliest Date I Can Return After The Birth Of My Baby?

The legal minimum period of maternity leave is 2 weeks after your baby is born.

What Is The Latest Date That I Can Return?

52 weeks after the start of the maternity leave however, this may be extended by local agreement in exceptional circumstances.

Do I Have To Give Notice To Return?

Only if you wish to return earlier than your original return date, in which case you must give 28 days notice of your return. 

What If My Circumstances Change And I Am Unable To Return To Work?

You will be asked to repay the full amount of Occupational Maternity Pay received less 6 weeks at 90% of OMP. Arrangements can be made with the Payroll Department to repay the sum owed in reasonable instalments to avoid unnecessary hardship.

Will I Be Given Support To Continue Breastfeeding On My Return To Work?

Yes, We aim to support and encourage mothers who wish to breastfeed after they return to work. If you wish to continue breastfeeding your child when you return to work you should arrange to meet your line manager to discuss the provisions required. This meeting will need to take place at least four weeks before you plan to return to discuss working arrangements, which will allow you to continue to breastfeed.

 As a result we may need to change your working pattern temporarily in order to support you and this should be discussed with your line manager prior to your return. Where practicable, time off during working hours will be provided to allow you to breastfeed if your baby is cared for nearby, or to express milk.

 Please refer to Board Breastfeeding Policy for more information.

What is a reduced working year?

A reduced working year can take a number of forms. One of the most common examples is term time working. This is a formal agreement whereby the duties and responsibilities of a post are carried out (either full-time or part-time) during school terms. The salary of the post is reduced proportionately to the hours worked by the employee. However, these principles would apply regardless of whether a reduced working year contract is explicitly linked to school terms or not.

What are benefits of a reduced working year?

A reduced working year provides the opportunity for employees to work during certain periods of the year while maintaining their career prospects and personal development. It allows employees to remain on a permanent contract and gives them unpaid leave during school holidays.

Am I entitled to submit an application?

Yes, an application to request a reduced working year contract is open to all employees as well as prospective employees, no matter what level in the organisation. Where posts are not considered to be suitable for a reduced working year contract, a full explanation will be given by the line manager.

How do I submit an application?

You should complete a Flexible Working Application form and submit it directly to your line manager. 

The HR Support and Advice Unit can be contacted on 0141 278 2700 if you have any further questions or need guidance on this policy area.