Expectant Mothers Policy

Statement

The Community Interest Company board of directors has implemented the following policy to ensure the safety of expectant mothers working within the nursery. The policies aim is to help in clarifying new laws, leave entitlement, health and safety issues and all legal obligations that need to be met.

Notification of pregnancy

Staff should notify the Nursery Managers of their pregnancy as soon as possible, who will inform the Chair of directors. Although staff have no obligation to notify the company of their pregnancy until the 15^th week before the week their baby is due.

Notification must be in writing, giving the manager / directors notice of their intention to take maternity leave and claim statutory maternity pay. It must also include the dates they intend to start their leave/ return to work.

Confirmation should be given in writing by the Chair of directors within 28 days of receiving the notice letter this should include confirmation of the date maternity leave will end.

Staff who wish to keep their pregnancy confidential from other employees and directors must make it clear to the Chair/Manager at the time of being told.

Time off for Anti natal care

Staffs have the right to reasonable paid time off for anti natal appointments. Staff will be excepted to produce an appointment card, after the first appointment, along with a certificate Mat P1/ note from the Doctor or midwife stating that they are pregnant; this will be kept in their personal file. Where possible consideration of times of appointments would be appreciated by the company I.E lunchtimes.

Sickness

Staff who are ill during their pregnancy normal sickness rules apply. However there are a few exceptions;

Ø If the illness is pregnancy related it must be recorded, but does not count towards their sickness record and they can not be dismissed for it.

Ø Staff who are off work with a pregnancy related absence in the 4 weeks prior to their due date, the company can insist that they begin maternity leave (this only applies if they have had a say into when staff maternity leave starts).

Note; if you are sick during your pregnancy and you employer does not pay normal sick pay this could affect your entitlement to statutory maternity pay.

Health and Safety

Pregnancy is not an illness, but it can affect the things you do. The company has a duty to do a general risk assessment along with a personal risk assessment in conjunction with the employee. The assessment should not just look at the obvious and dramatic risks e .g lifting and working with chemicals, but should include all risks to the employee and the unborn baby’s health.

Once the risks have been indentified, they must be eliminated if possible (see general Expectant Mothers risk assessment). Staff will be given a copy of risk assessment with information on the indentified risk and procedures to eliminate the risk.

On the occasions when it is not possible to eliminate the risk then;

Ø The employee working conditions or hours of work should be temporarily changed.

If this is impossible then:

Ø The employee will be offered a suitable alternative job on similar terms and conditions which is reasonable for the employee to do.

If there is no reasonable alternative job or no safe job;

Ø The employee must be suspended on full pay so long as the risk remains. This is not sick leave and should not be counted as such.

Ø

Risk assessments should be carried out every three months (at the start of each trimester)

or when any new changes take place.

Dismissal during pregnancy

It is legal to sack a pregnant woman, but normal rules of dismissal apply and the dismissal must not be in any way be related to her pregnancy or intention to take maternity leave

A dismissal because of pregnancy, birth or maternity leave is automatic unfair dismissal.

Maternity leave

Staff who babies due after April 2007 are entitled to 52 weeks maternity leave, regardless of length of service or the number of hours worked, providing they give the correct notice.

{Note; weeks for the purpose of maternity leave and pay always start on a Sunday. Maternity leave is divided into 26 weeks OML and 26 weeks SMP.}

The earliest maternity leave can start is 11 weeks before the babies expectant due date. This is also the same time that maternity pay will start.

During maternity leave

The Nursery Manager/ Company will make reasonable contact with staff during maternity leave. Ways of contact will be decided jointly between the manager and staff.

This will give the company and manager the opportunity to keep staff in touch with any changes that happen in the nursery, inform staff of training opportunities, job opportunities and any events that are taking place during their maternity leave. On agreement from both the employer and employee 10 days can be worked while on maternity leave without it effecting their SMP or leave. The company and employee must decided together on these days and discuss what type of work they will be doing and at what rate of pay.

Approved by the company -------------

Signed -------------------- Chair of CIC

Dated----------------------