Cornwall Health Community
Including
Cornwall Foundation Partnership Trust
Royal Cornwall Hospitals Trust
Peninsula Community Health
Kernow Clinical Commissioning Group
MANAGER’S GUIDE
On
Maternity, Safe Employment
And
Risk Assessment
INSTRUCTIONS
Please complete your name and expected date of confinement below then give this
booklet to your manager when you inform them of your pregnancy.
The Risk Assessment form inside should be completed jointly by the Manager and the
pregnant member of staff and filed in the persons “Personal” file.
Employee Name …………………………………………………………………………………….
Produced by Linda Carpenter, Childcare Co-ordinator in liaison with Health & Safety Services
2 – Review date 01/04/2014
13/02/16 Version
Expected Date of Confinement …………………………………………………………………..
LEGISLATION AND MANDATORY REQUIREMENTS
The information in this Guide, as advised in the following documents, affects the Maternity Leave and
Pay of all NHS employees whose babies are due on or after 5 October 2008. Employment Relations
Act 2002, Agenda for Change Terms & Conditions of Employment handbook, Work & Families Act
2006, The Sex Discrimination Act 1975 (Amendment) Regulations 2008
Duties on employers under the Management of Health and Safety at Work Regulations 1999 in
respect of new, expectant or breastfeeding mothers.
The law requires every employer to assess workplace risks for all their employees, and take practical
action to control those risks. In addition, employers must take particular account of risks to new and
expectant mothers. The definition of a new or expectant mother is someone who is pregnant, has given
birth within the previous six months, or is breastfeeding. You must identify hazards in the workplace
that could pose a health or safety risk to new and expectant mothers and take appropriate action to
remove or reduce the risk. You must also make this information known to all your female employees of
childbearing age, not just those who have informed you they are pregnant. This is particularly important
for expectant mothers, as it is possible for the first 4-6 weeks of pregnancy to go undetected.
The risk assessment should be carried out in line with your Trust Policy however, the checklist
and flowchart found at the back of this booklet can be used if required. A summary of the
different stages of Risk Assessment are detailed as follows:
-
Stage One – a Risk Assessment of the Workplace for all employees, which should also include
any specific risks to women of childbearing age who could become pregnant and any risks to new
or expectant mothers.
-
Stage Two – should be carried out when you are notified that a member of staff is pregnant. This
Risk Assessment is specific to that member of staff and is based on the initial assessment and
any medical advice you have provided from their GP or Midwife.
-
Stage Three – is a system of ongoing review of the assessment carried out at Stage two.
-
Stage four – should be carried out when the member of staff returns to work.
Certificates you may receive to convey any medical advice or an application for Maternity leave.


Medical Certificate (Fit Note) - Doctors are required to record advice given to patients about their
ability to perform their own or usual type of occupation on medical statements. Where the doctor
considers work adjustments are required during pregnancy and breastfeeding, the doctor should
record this advice to the employee (and employer) in the ‘remarks’ section on the certificate
Maternity Certificate (MAT B1) - When your employee wishes to apply for Maternity Leave and/or
Maternity Pay or Maternity Allowance she should provide her employer with certificate MAT B1,
which is issued around the twentieth week of pregnancy. A doctor or a registered midwife can
complete the MAT B1.
Produced by Linda Carpenter, Childcare Co-ordinator in liaison with Health & Safety Services
2 – Review date 01/04/2014
13/02/16 Version
CHRONOLOGICAL ORDER OF EVENTS
Please follow this guide in chronological order and use it as a checklist to ensure that you are
adhering to legislation. This has been produced to guide you through the Maternity process and
actions required by you for this specific staff member.
1
Months 0 – 6 of pregnancy - You have been informed by a member of staff that they are
pregnant.
A member of staff is required by law to give at least 15 weeks notice that they are pregnant and
intending to go on maternity leave however, we recommend that they inform you as early as they
feel comfortable so you can assess any risk posed by working whilst pregnant. A copy of the
form provided at the end of this guide is also included in the ‘Your Guide to being Pregnant at
Work’ booklet and should be completed by the employee and handed to their line manager to
notify them of their pregnancy.

Have you or your member of staff informed the Childcare Co-ordination Team of the pregnancy?
This will trigger a Maternity Pack to be sent to your member of staff.

All staff are entitled to 52 weeks Maternity Leave. Staff that have been working for the
organisation for 1 week before becoming pregnant are entitled to 39 weeks statutory paid
maternity leave (subject to paying sufficient National Insurance Contributions) and a further 13
weeks unpaid leave. Staff with at least 12 months service at their 29 th week of pregnancy
(without a break in service of not more than 3 months) will receive Occupational maternity pay in
excess of the statutory amounts above. For a breakdown of the pay entitlement you can contact
the Childcare Co-ordination Team (numbers available at the back).

Have you carried out a Stage Two risk assessment? You need to ask the staff member to help
with the risk assessment. This is particularly to take account of any medical advice she has
received. Your staff member can ask to see the outcome of the risk assessment and any
associated Action Plans and therefore you must make it available to them.
If risks were identified have you taken action to reduce or remove the risk? If this has not resolved
the risk then for example; Consider Temporarily adjust working conditions/hours, offer suitable
alternative work, if any is available or suspend the employee from work on paid special leave.
Further advice can be obtained from your HR Department on employment issues and on risk /
safety issues from Health and Safety Services.

Have you allowed paid time off for antenatal appointments? This should be allowed throughout
the pregnancy and you can request a copy of their appointment card. Sometimes a GP or
Midwife advises attendance at parent craft and relaxation classes - paid time off should be
permitted. Antenatal appointments get more frequent as the pregnancy progresses.
Produced by Linda Carpenter, Childcare Co-ordinator in liaison with Health & Safety Services
2 – Review date 01/04/2014
13/02/16 Version
2
Months 6-9 of the pregnancy
Have you carried out a Stage Three risk assessment, this an ongoing review specific to that
member of staff and is based on the stage two assessment and any medical advice you have been
provided with from their GP or Midwife. If risks were identified have you taken action to reduce or
remove the risk? For example; temporarily adjust working conditions/hours, offer suitable
alternative work, if any is available or suspend the employee from work on paid special leave.
Your staff member can ask to see the outcome of the risk assessment and any associated Action
Plans and therefore you must make it available to them. Further advice can be obtained from
your HR Department on employment issues and on risk / safety issues from Health and Safety
Services.

Administration. Just before the member of staff has reached their 25 th week of pregnancy they
will give you their completed forms requesting maternity leave along with their MATB1. You
need to ensure a Manager who is authorised to sign Contract amendment forms signs the
Application form. Maternity leave can start on any day of the week., prior to the day the baby is
due Send these forms and the MATB1 to the Childcare Co-ordination Team, Lamorna House,
RCHT, Truro, TR1 3LJ, who will carry out any necessary checks and make sure that the forms
go to the relevant departments. There is no need to complete a CAF. You will only need to do a
CAF if the date needs to be changed. Once the Childcare Co-ordination Team has received the
maternity forms and MATB1 they will write to the employee. This letter will confirm the date that
the maternity leave will end, the break down of their pay and any annual leave that you have
agreed can be taken at the end of the Maternity Leave period. A copy of the letter will be sent to
you for your information.

Fixed term contracts. If your member of staff has 12 months continuous service with one or
more NHS employers, is on a fixed term contract and the contract will expire after the eleventh
week before the expected week of childbirth, you need to extend the FTC to cover the period of
52 weeks maternity leave. If the contract ends after the 25th week of pregnancy but before the
29th week of pregnancy and the staff member qualifies for statutory maternity pay, you will need
to extend the contract to cover the 39 weeks of paid maternity leave.

Cover. You need to consider how to provide cover for your member of staff if they are returning
or whether you need to replace them if they have decided not to return. Contact the Recruitment
Department regarding advertising if this is required.

Leave. Annual leave will accrue in accordance with your member of staff’s contract throughout the
26-week period of Ordinary maternity leave and 26-week period of Additional maternity leave.
Where the amount of accrued annual leave would exceed normal carry over provisions (i.e. One
week) it may be mutually beneficial to both yourself and your member of staff for them to take
annual leave before and/or after their maternity leave period. The amount of annual leave to be
taken in this way, or carried over, should be discussed and agreed. E.g. If the return to work
would be in January or February and the employee would have difficulty in fitting in their annual
leave or if the maternity leave goes over into the next holiday year. The amount of leave to be
taken in this way or carried over must be discussed and mutually agreed by you both. The
amount of leave to be taken at the end of the maternity leave period must be recorded on the
employee’s application for Maternity Leave forms to enable the Childcare Co-ordination Team to
confirm this in writing as above.
Produced by Linda Carpenter, Childcare Co-ordinator in liaison with Health & Safety Services
2 – Review date 01/04/2014
13/02/16 Version
2
Months 6-9 of the pregnancy continued

Sickness. If the employee is sick and it is NOT pregnancy related you need to follow normal
sickness guidelines. If your employee is sick at any time during the 4 weeks prior to their due
date and their sickness IS PREGNANCY related they will commence maternity leave at the
beginning of the fourth week before their expected week of childbirth or the beginning of the next
week after they last worked, whichever is the later. Odd days of pregnancy related illness during
this period may be disregarded if they wish to continue working until the maternity leave start
date that they previously advised. You will need to complete a Contract Amendment to notify of
the changed maternity leave start date if this is appropriate.

If things go wrong with the pregnancy. If the baby is still born at or after the 24th week, the
member of staff is still entitled to the full maternity leave. If the baby is born before the eleventh
week before the expected week of childbirth, and your employee has worked during the actual
week of the birth, then their Maternity Leave will start on the first day of their absence. If they are
off sick at the time of the birth then their Maternity Leave will commence at the beginning of the
week of the birth of their baby. You will need to do an amended CAF if the start date of the
maternity leave is affected.

Any other scenario. There are sometimes other questions apart from the above which are not
easily answered collectively and need to be looked at individually. If you have one of these
questions please contact the Childcare Co-ordination Team who in conjunction with your HR
Department will be able to help you.

Keeping in touch. Before going on leave, the employer and employee should discuss and agree
any voluntary arrangements for keeping in touch during the employee’s maternity leave. These
can include any developments at work that the employee may find helpful and nearer the time of
her return, to help facilitate her return to work. The member of staff can help by keeping you
informed of any developments that may affect her intended date of return. As a Manager you
may make reasonable contact with your member of staff during their maternity leave in this
respect. Employees may, if mutually agreeable with the Trust, do up to 10 days paid work,
known as Keeping in Touch days under their contract of employment during their maternity leave.
The nature and type of work is to be mutually agreed and could also be used for things like
attending a team meeting, training activity or conference etc. Payment for Keeping in touch
days may not be made until they have returned to work or may be offered as Time off in Lieu of
Payment. This should be mutually agreed beforehand.
Produced by Linda Carpenter, Childcare Co-ordinator in liaison with Health & Safety Services
2 – Review date 01/04/2014
13/02/16 Version
3
Following the Birth

The employee should notify you of the exact date their baby was born. You must assume that
your staff member is going to take their full entitlement to Maternity Leave. However, if they wish
to return early they must notify you in writing of their intended return to work date 28 days prior to
returning. The member of staff has the right to return to work in their existing job.

You will need to complete a Contract Amendment returning every person on Maternity Leave to
work even if the member of staff takes their full entitlement.
4
Return to work

There are new rights for employees in relation to requesting to work flexibly for those who have
children between the ages of 0-16 or 18 if the child receives Disability Living Allowance and when
returning to work following maternity leave. Please see the separate leaflet on Managing Flexible
Working Requests (available from your HR Department or the Childcare Co-ordination Team).

Carry out a Stage Four-risk assessment If risks are identified have you taken action to reduce or
remove the risk? If so complete the necessary Action Plan and make the required changes to
reduce or remove the risk as above.
o
Nightwork. Working nights can fit in very well for new mothers and some employees may request
to work only nights. There is no reason from a health and safety point of view that this can’t be
done unless there is a specific work risk which the GP or midwife is concerned about and has
provided a medical certificate stating that the employee must not work nights. If this is the case
then you must offer the employee suitable alternative day work. If this is not possible, then suspend
the employee from work on paid leave for as long as necessary to protect the health and safety of
the employee and/or that of their child.
o
Breastfeeding. On returning to work the employee should provide you with written notification that
they are breastfeeding so it can be taken into consideration in the Stage Four risk assessment The
Trust supports the Health & Safety Executive recommendations to provide a private, healthy and
safe environment for nursing mothers to express and store milk (but this is not a legal requirement).
It is not suitable to use toilets for this purpose. If the employee’s normal duties prevent her from
successfully doing this then you must follow the same advice as it a risk had been identified.
Produced by Linda Carpenter, Childcare Co-ordinator in liaison with Health & Safety Services
2 – Review date 01/04/2014
13/02/16 Version
WHERE CAN I GET FURTHER INFORMATION?
For full details of the risk and safety element please contact Health & Safety Services on the number
below. For full details of all other elements of the policy you can contact the Childcare Co-ordination
Team on 01872 25 2476 or your local HR department.
USEFUL NUMBERS (INTERNAL NUMBERS IN BOLD & BRACKETS)
Human Resources Departments
KCCG
email - Workforce@kernowccg.nhs.uk
Royal Cornwall Hospitals Trust
01872 25 8127
RCHT Medical Staffing
01872 25 2478
Cornwall Foundation Trust
01726 87 3211
Peninsula Community Health
North & East
Mid
West
01579 33 5636
01326 43 4746
01209 88 1714
Other Departments
Childcare Co-ordination Team
01872 25 2476
Lease Car Administrator
01208 25 1492
Payroll Department
01872 25 (RCHT) 8406 (PCH/KCCG) 8427 (CFT) 8418
Pensions Department
01872 25 8423
Occupational Health
01872 25 2770
Health & Safety Advisors
PCH
RCHT
CFT
01209 88 8208
01872 25 2266
01726 29 1268 or
01208 251520
Produced by Linda Carpenter, Childcare Co-ordinator in liaison with Health & Safety Services
2 – Review date 01/04/2014
13/02/16 Version
FLOWCHART GUIDE TO RISK ASSESSMENT ACTION
Initial health and safety risk assessment, New, expectant and breastfeeding mothers.
(This should be part of the General risk assessment carried out by all managers. It is
highlighted here as a reminder). It will need to be carried out NOW if not previously
done.
STAGE 1
Initial Risk
Assessment
Are there any
hazards present?
No
O
Inform staff of
the outcome of
the risk
assessment
Yes
Assess the risks,
reduce, and
eliminate if possible
and as far as
possible.
STAGE 2
Specific Risk
Assessment
After the staff member/employee has provided the trust/manager with written
notification that they are pregnant, have given birth in the last six months or are
breastfeeding. The trust/manager is to carry out a risk assessment specific to the
individual, based on the initial assessment and take into account any medical advice
provided by that individual’s GP or midwife (Usually given on a Med.3 certificate).
Has a risk been
identified?
NO
Manager’s
Responsibility
To
Inform female staff of the risks
identified.
Staff or employees
Responsibility.
To notify their
manager as early as possible that
they are pregnant, breastfeeding or
have given birth in the last six
months.
YES
Can the risk
be removed?
Regularly
monitor
and review
YES
Remove
risk
NO
STAGE 2A
Actions
The following is a heirachy of actions managers should take if the risk cannot be
removed, Follow these down. When the action required is no longer within their remit,
refer the issue higher management or The Personnel Department.
ACTION 1
Yes
Adjust working condition and/or
hours of work
Yes
Give suitable alternative
work on same terms and
conditions
Can her working conditions and/or hours of
work be adjusted
NO
ACTION 2
Can she be given suitable alternative work?
NO
ACTION 3
Review action
Suspend her from work on paid leave, for as long as necessary to
protect her health and safety, or that of her child
STAGE 3
Monitor/Review
STAGE4
Return to Work
Managers are to MONITOR AND REVIEW THESE ACTIONS AND THE RISK
ASSESSMENT on a regular basis, throughout the pregnancy. They are to inform the
expectant mother of any changes.
Managers are to REVIEW THE RISK ASSESSMENT on the return to work, and
throughout the time the new mother is breastfeeding. They are to inform the new
mother of any changes.
Produced by Linda Carpenter, Childcare Co-ordinator in liaison with Health & Safety Services
2 – Review date 01/04/2014
13/02/16 Version
New and Expectant Mothers Risk Assessment
Name of
New/Expectant/Breastfeeding
Mother:
Job Title:
Date of Initial Assessment:
First Review:
Second Review
Intended start date of Maternity Leave:
Expected delivery date:
Expected date of return from maternity leave:
Return to Work Review
Name of Assessor
Division:
Location:
Additional Notes:
Name of New/Expectant Mother:
Signature:
Hazard
Site:
Yes No NA Control Measures
1.1
Is there any risk to the employee from lone ☐
working activity?
☐
☐
1.2
Is the work free from risk of physical violence ☐
(physical or verbal assault)?
☐
☐
1.3
Are there rest facilities available?
☐
☐
☐
1.4
Contact with patients/clients?
☐
☐
☐
1.5
Contact with blood or bodily fluids?
☐
☐
☐
1.6
Other hazards:
☐
☐
☐
Signature:
Comments/notes
.
2.0
2.1
Physical Agents
Shocks, vibration or movement
☐
☐
☐
2.2
Manual handling patients/other
☐
☐
☐
☐
☐
☐
.
2.3
Noise
.
2.4
Non ionising electromagnetic radiation
☐
☐
☐
2.5
Ionising Radiation
☐
☐
☐
Produced by Linda Carpenter, Childcare Co-ordinator in liaison with Health & Safety Services
13/02/16 Version 2 – Review date 01/04/2014
Hazard
Yes No NA Control Measures
2.6
Extremes of heat or cold
☐
☐
☐
2.7
Movements and postures
☐
☐
☐
2.8
Display Screen Equipment
☐
☐
☐
Comments/notes
.
2.9
Other hazards:.
☐
☐
☐
3.0
3.1
Biological Agents
Hepatitis B/HIV (AIDS virus)/ Herpes/
☐
☐
☐
3.2
TB/ Syphilis / chicken pox / typhoid
☐
☐
☐
3.3
Rubella / Toxoplasma / Cytomegalovirus
☐
☐
☐
3.4
Any substances labelled R40, R45, R46 and ☐
R47
☐
☐
3.5
Mercury and Mercury derivatives
☐
☐
☐
3.6
Antimitotic (cytotoxic) drugs
☐
☐
☐
3.7
Chemical Agents
☐
☐
☐
3.8
Carbon Monoxide
☐
☐
☐
3.9
Lead and Lead derivatives
☐
☐
☐
3.10 Other hazards:
☐
☐
☐
4.0
4.1
Other occupational hazards
Occupational stress
☐
☐
☐
4.2
Personal Protective Equipment (suitability)
☐
☐
☐
4.3
4.4
4.5
.
☐
☐
☐
☐
☐
☐
☐
☐
☐
Produced by Linda Carpenter, Childcare Co-ordinator in liaison with Health & Safety Services
13/02/16 Version 2 – Review date 01/04/2014
Action Plan
Summary of the steps to be taken, if any, as a result of this risk assessment, to reduce level of risk for the mother, foetus or baby (continue on a separate sheet if necessary).
Ref.
Action
Responsibility
Completion
date
Have the controls
implemented reduced the
risk to an acceptable level?
YES/NO
If ‘NO’, please seek further advice from the Health, Safety & Security Service or Occupational Health
Action plan completed by: ………………………………………………… Job Role: ……………………………. Date: …………………..
Please forward copies of this assessment to the Safety, Fire & Security Management Office and Occupational Health Services,
Produced by Linda Carpenter, Childcare Co-ordinator in liaison with Health & Safety Services
13/02/16 Version 2 – Review date 01/04/2014
Statement confirming pregnancy
All staff
Please complete this form and return to your supervisor/line manger as soon as possible.
Name: _____________________________________
Address:
_____________________________________
_____________________________________
_____________________________________
Date: _____________________________________
Dear [line manager]
Pregnancy Risk Assessment
I am writing to inform you that I am pregnant and that my baby is due on the _______________________
I understand that as I have now informed you of my pregnancy I do have the right to a personal and specific risk assessment as set out in the
Management of Health and Safety at Work Regulations 1999.
I also understand that you should regularly review my initial assessment as my pregnancy progresses to take into account possible risks that may occur
during the different stages of my pregnancy.
I am writing to ask you to arrange to see me as soon as possible in order to conduct a risk assessment.
Thank you for your time and attention to this matter. I look forward to hearing form you in the near future.
Yours faithfully
Name (print):
Job title:
Usual work location:
Copy to staff Personnel file
Copy to Childcare Co-ordinator
Produced by Linda Carpenter, Childcare Co-ordinator in liaison with Health & Safety Services
13/02/16 Version 2 – Review date 01/04/2014