UNCLASSIFIED
Maternity Leave Policy
This instruction applies to :
Reference :
All staff directly employed by NOMS
PSI 18/2011
AI 05/2011
Issue Date
Expiry Date
Effective Date
Implementation Date
28 March 2011
Issued on the authority of
For action by
For information
Contact
1 April 2011
1 April 2014
NOMS Agency Board
All Governors
All HR departments
Shared Services
Line Managers
All staff directly employed by NOMS
Shared Services HR Contact Centre
 0845 010 3504 (VPN 7190 3504)
Associated documents
Paternity/Maternity Support Leave
Annual Leave policy and guidance
Career Break Scheme policy and guidance
Adoption Leave policy and guidance
Replaces the following documents which are hereby cancelled :NTS 11/2007
NTS 36/2008
Section 12 (12.1 – 12.41) of the “Extract from the Staff Handbook 2005”
Audit/monitoring :
Regional Management will monitor compliance in their region with the mandatory actions set
out in this Agency/Prison Service Instruction.
Introduces a revised policy document in place of NTS 11/2007 (Maternity Leave), NTS 36.2008
(Maternity Leave and Adoption Leave) and Section 12 (12.1 – 12.41) of the “Extract from the
Staff Handbook 2005”
Copies of these held on the NOMS Intranet will be removed; hard copies must be removed
locally.
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MATERNITY LEAVE POLICY
Section
1
2
3
4
1.
Subject
Executive Summary
Policy statement
Maternity leave and pay
Key intranet and access information
Applies to
All Staff
All staff
Relevant staff and managers
Relevant staff and managers
Executive summary
Background
1.1
A review of the Maternity leave policy has taken place in order to keep pace with
present legislation and produce a comprehensive policy that is fair to staff and
consistent with policies aimed at staff in MoJ and other public sector workers.
Desired outcomes
1.2
The revised policy document aims for an improved format and greater clarity. It takes
into account present legislation and provides a coherent approach to maternity leave
across the MoJ.
Application
1.3
HR colleagues and Shared Services should be aware of the full contents of the
document. The eligibility for maternity leave and pay is contained within the Policy.
Process, procedures and Guidance has been written for use on My Services. This can
be found under the ‘Being away from work’ / ‘Family Leave’ section.
Mandatory actions
1.4
Governors must make sure that staff and line managers apply maternity leave
arrangements as set out in this document.
Resource Impact
1.8
There should be no additional resource implications resulting from this revised policy.
Policy and Operational instructions
2.1
Policy and Operational instructions set out in the Policy will come into effect on 1st
April 2011 and should be adhered to at all times.
(signed)
Robin Wilkinson
Director of Human Resources
PSI 18/2011-AI 05/2011
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Contents
Policy Statement and Principles……………………………………………………………………3
Roles and Responsibilities……………………………………………………………………….….4
List of Useful Terms and Abbreviations……………………………………………………………5
Maternity Leave and Pay…………………………………………………………………………….6
Key intranet and access information……. ............................................................................ 9
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2. Policy Statement
2.1
The Ministry of Justice (MoJ), including NOMS, is committed to being an employer of
choice and realises that becoming a parent can be a challenging as well as a joyous
time. MoJ recognises that motivated, loyal and committed employees are vital to the
success of the organisation. So by supporting employees throughout their pregnancy
and maternity leave MoJ will retain its highly valued and skilled employees.
2.2
Maternity leave allows pregnant employees to give birth, recover from giving birth and to
bond with and care for their new child.
Principles
The main principles that underpin the Maternity Leave Policy are that 
It is compliant with employment legislation.

MoJ will allow all pregnant employees to take up to 52 weeks maternity leave subject to
providing the required notice.

MoJ will enable a period of maternity leave to be transferred to the mother’s partner and,
where qualifying criteria are met, allow her partner to take Additional Paternity/Maternity
Support Leave instead

MoJ will pay Occupational Maternity Pay to eligible employees who have one year’s
continuous government service, either full or part time, as at the expected week of
childbirth (EWC).

MoJ will allow employees reasonable time off for antenatal care.

MoJ will meet its obligation under Health and Safety legislation by ensuring a new and
expectant mother’s risk assessment is conducted, recommendations implemented and
reviewed as required.
Who does it apply to?
This policy applies to all eligible permanent, casual and fixed term employees. It does not
apply to staff on a career break, agency staff or contractors.
Maintaining Confidentiality
Managers and employees and all parties involved in operating the maternity policy are
expected to maintain confidentiality. If an employee breaches another employee’s right to
confidentiality, this may be treated as a disciplinary offence, depending on the circumstances.
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Roles and Responsibilities
All employees will 
Understand and follow the procedures including timelines contained in this document.

Wherever possible, be reasonable, flexible and timely in their requests for maternity
leave and antenatal care.

Keep in contact with their line manager as agreed as part of the Keeping in Touch
Scheme arrangements.
As a manager you must

Ensure the policy is complied with in your own area.

Ensure employees have access to appropriate resources such as information available
on My Services including flexible working policy, details of Salary Sacrifice Scheme for
Childcare Vouchers & contact details of any relevant support Networks.

Discuss any queries on the application or interpretation of the policy with Shared
Services.

Ensure that a new and expectant mother’s risk assessment is conducted and reviewed
as necessary – see My Services for details.

Wherever possible, be reasonable, flexible and timely in your response to any requests
for leave.

Notify Shared Services as soon as the employee notifies you of her intention to take
maternity leave, her maternity leave dates, any changes to those dates and any
‘Keeping in Touch’ days.

Keep maternity leave records including keeping in touch days in accordance with Data
Protection Policy.

Maintain contact with the employee during her maternity leave as agreed as part of the
Keeping in Touch Scheme.
HR Policy will

Monitor the policy to ensure that it is applied consistently and review it regularly to ensure
that it remains in line with relevant legislation.
Shared Services will

Support managers and employees on the application of the policy.
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
Process Maternity Leave forms promptly and confirm leave and pay arrangements in
writing to the employee and her manager within 28 calendar days of employee’s request
for leave.

Liaise with payroll to ensure Occupational and/or Statutory Maternity Pay is paid
accordingly.
List of Useful Terms and Abbreviations
Ministry of Justice (MoJ)
All references to MoJ in this policy include NOMS. Where there are specific provisions made
for NOMS, NOMS is specifically identified.
Expected Week of Childbirth (EWC)
The week in which it is expected that the baby will be born. It always starts from the Sunday
on or before the date the baby is due.
Ordinary Maternity Leave (OML) - This is the first 26 weeks of Maternity leave, and can
commence on any day of the week.
Additional Maternity Leave (AML) - This is an additional 26 weeks Maternity Leave, which
must, if taken, directly follow OML without a break. This, when added to OML means that a
pregnant employee can take up to 52 weeks leave around the birth of a child.
Additional Paternity/Maternity Support Leave (AP/MSL) – If the mother wishes to return to
work before the period of maternity leave has ended she can transfer up to 26 weeks of her
outstanding leave entitlement to her partner, providing certain qualifying conditions are met.
This opportunity is available for mother’s whose children are due on or after 3 April 2011.
Additional paternity/maternity support leave is a period of between 2 and 26 weeks leave that
can be taken by her partner, if the mother decides to return to work before the end of her
maternity leave. It will be granted and may be paid by the partner’s employer if certain
qualifying conditions are met.
SMP - Statutory Maternity Pay
MA - Maternity Allowance
MATB1 - A certificate issued by a certified Midwife or registered Medical Practitioner
confirming the EWC and issued after the 20th week of pregnancy.
Qualifying Week (QW)
The 15th week before the EWC. The ‘qualifying’ week is calculated by counting back 15 weeks
from the start of the week the baby is due. The EWC is found on the MATB1 certificate.
Qualifying period
The eight week period that ends in the qualifying week, that is the 15th week before the EWC.
This period is used to calculate an employee’s average weekly earnings.
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Miscarriage – Is the loss of a pregnancy during the first 24 weeks.
Stillbirth – A stillborn baby is born after completion of the 24th week of pregnancy.
Compulsory Maternity Leave – This is a period where the employee must take two weeks’
leave after the birth of their child.
3. Maternity Leave
Pregnant employees are entitled to up to 52 weeks maternity leave regardless of the length of
their service. This leave is made up of:

Ordinary Maternity Leave (first 26 weeks)

followed immediately by Additional Maternity Leave (up to 26 weeks).
To qualify for maternity leave an employee must notify their line manager no later than the end
of the 15th week before the expected week of childbirth (EWC), or as soon as is
reasonably practicable:

that they are pregnant;

the expected week of childbirth (EWC); and

when they intend to commence maternity leave (no earlier than the 11th week before the
EWC).
Maternity pay
1 – Occupational Maternity Pay (OMP)
MoJ will pay Occupational Maternity Pay to eligible employees for up to 39 weeks as follows:

the first 26 weeks at full contractual pay;
followed by 13 weeks at the lesser of either the standard weekly rate of Statutory Maternity
Pay or 90% of the employee’s normal weekly earnings.
Who is eligible to receive OMP pay?
Employees must meet the following conditions to be eligible to receive OMP:

have at least one year’s continuous government service at the expected week of
childbirth (EWC).

notify their line manager of the pregnancy no later than the end of the 15th week before
the EWC or as soon as is reasonably practicable.

intend to return to work after the baby has been born.

undertake to repay any occupational maternity pay received (less Statutory Maternity
Pay) if the employee does not return to work for a period of at least one calendar month
before leaving the Service.

be in paid service with MoJ at the time maternity leave starts.
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

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produce a maternity certificate (form MATB1) or other statement from a registered
Medical Practitioner or a certified Midwife specifying the EWC, or, in the event of a
premature birth, a birth certificate.
fulfil all of the qualifying criteria for Statutory Maternity Pay (SMP) - see below for
details.
What happens if an employee does not intend to return to work?
Employees who satisfy all the above conditions but do not intend to return to work at the end of
their maternity leave will be entitled to receive SMP only – see below.
2 – Statutory Maternity Pay (SMP)
Employees who do not qualify for Occupational Maternity Pay may be eligible to receive
Statutory Maternity Pay. In this situation, the employee will receive up to 39 weeks as follows:

first 6 weeks paid at the rate of 90% of the employee’s normal weekly earnings

followed by 33 weeks paid at the lesser of;

the standard weekly rate of Statutory Maternity Pay or

90% of the employee’s normal weekly earnings
The current rate of SMP can be found on the DWP Website [http://www.dwp.gov.uk]
Who is eligible to receive SMP?
Employees must meet the following conditions to be eligible to receive SMP:

have at least 26 weeks continuous service into the 15th week before the expected week
of childbirth (EWC) - the ‘qualifying week’.

have normal weekly earnings for the period of eight weeks ending with the ‘qualifying
week’ of not less than the Lower Earnings Limit in force at the time of payment of
National Insurance - see HMRC website for limit.

be employed in the ‘qualifying week’.

still be pregnant at the 11th week before the EWC or have already given birth to the
baby.

have given at least 28 calendar days’ notice of the date on which the employee wants to
start receiving SMP (or as soon as is reasonably practicable), and that she will be (or is)
absent from work because of the pregnancy or childbirth. An employee must give
additional notice where she is confined (i.e. gives birth):
o
o
before or during the ‘qualifying week’, of the date of confinement, within 28 days
of the actual date of confinement or, if that is not practicable in the
circumstances, as soon as is reasonably practicable
before her intended date of absence, specifying both the date of confinement
and the date her absence from work began, within 28 days of the actual
confinement or, if that is not practicable in the circumstances, as soon as is
reasonably practicable
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
produce a MATB1 form or other statement from a registered Medical Practitioner or
certified Midwife which gives the EWC.

notify their line manager of the pregnancy no later than the end of the 15th week before
the week of childbirth or as soon as is reasonably practicable.
SMP is paid by employers and is classed as earnings so is subject to tax and National
Insurance.
3 – Maternity Allowance
Employees who are not eligible to receive Statutory Maternity Pay may be able to claim
Maternity Allowance for up to 39 weeks from Jobcentre Plus. More information on Maternity
Allowance is available on the DWP website [http://www.dwp.gov.uk]
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4. Key intranet and access information
FORMS
Process, Procedures, Guidance and Forms related to this policy are available on My Services.
ALTERNATIVE FORMATS
If you cannot easily get access to the internet, your manager can give you a hard copy of the
policy and/or guidance. For other formats or further advice contact Shared Services .
FURTHER INFORMATION
Contact Shared Services for any advice you require concerning this, or any other, HR Policy.
Shared Services HR Contact Centre
 0845 010 3504 (VPN 7190 3504)
PSI 18/2011-AI 05/2011
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EIA
Page 1
HQ policy
Equality Impact Assessment – Annex A
Policy
Policy lead
Group
Directorate
Maternity Leave Policy
Kathryn Ball
HR Policy Group
NOMS HR
Stage 1 – initial screening
The first stage of conducting an EIA is to screen the policy to determine its relevance to the
various equalities issues. This will indicate whether or not a full impact assessment is required
and which issues should be considered in it. The equalities issues that you should consider in
completing this screening are:
 Race
 Gender
 Gender identity
 Disability
 Religion or belief
 Sexual orientation
 Age (including younger and older offenders).
Aims
What are the aims of the policy?
To revise and clarify the existing policy relating to maternity leave and ensure that it is
compliant with current employment legislation and is in line with the MoJ Policy.
Effects
What effects will the policy have on staff, offenders or other stakeholders?
The revised policy aims to support all relevant employees throughout their pregnancy
and maternity leave.
The revised policy has no direct impact on offenders.
There is no direct impact on other stakeholders.
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Evidence
Is there any existing evidence of this policy area being relevant to any equalities issue?
Identify existing sources of information about the operation and outcomes of the policy, such as
operational feedback (including local monitoring and impact assessments)/Inspectorate and other
relevant reports/complaints and litigation/relevant research publications etc. Does any of this evidence
point towards relevance to any of the equalities issues?
The maternity leave policy is applicable to all relevant female staff.
There is no evidenced history of dissatisfaction or inequality issues relating to the
policy.
Stakeholders and feedback
Describe the target group for the policy and list any other interested parties. What contact
have you had with these groups?
The target group is relevant female employees. We have consulted with all the Staff
Networks, HR practitioners, (MoJ and NOMS), All NOMS/Prison Service Unions, PGA
and Shared Services.
We have had a sequence of meetings to discuss the draft policy and also encouraged
written comments.
Do you have any feedback from stakeholders, particularly from groups representative of the
various issues, that this policy is relevant to them?
We have had no feed back from stakeholders or staff that this policy or its revision
either has in the past or may now raise any problems relating to equalities issues.
Impact
Could the policy have a differential impact on staff, prisoners, visitors or other stakeholders
on the basis of any of the equalities issues?
No. This policy is directed at employees.
There is no impact on prisoners, visitors or other stakeholders.
Local discretion
Does the policy allow local discretion in the way in which it is implemented? If so, what
safeguards are there to prevent inconsistent outcomes and/or differential treatment of
different groups of people?
The maternity policy is aimed at all relevant female staff. The policy aims to be clear
and set out a consistent national process to all relevant staff.
Any local decisions in relation to job placements during or following maternity leave
will be taken with consideration of business needs and will be monitored in line with
the local programme for EIA.
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Summary of relevance to equalities issues
Strand
Race
Gender (including
gender identity)
Disability
Religion or belief
Sexual orientation
Age (younger offenders)
Age (older offenders)
Yes/No
Rationale
No
This policy is directed at all relevant staff
irrespective of race.
This policy is directed at relevant female staff.
No
No
No
No
No
No
This policy is directed at all relevant staff
irrespective of disability.
This policy is directed at all relevant staff
irrespective of religion or belief.
This policy is directed at all relevant staff
irrespective of sexual orientation.
This policy is directed at all relevant staff
irrespective of age.
“
If you have answered ‘Yes’ to any of the equalities issues, a full impact assessment must be completed.
Please proceed to STAGE 2 of the document.
If you have answered ‘No’ to all of the equalities issues, a full impact assessment will not be required, and
this assessment can be signed off at this stage. You will, however, need to put in place monitoring
arrangements to ensure that any future impact on any of the equalities issues is identified.
Monitoring and review arrangements
Describe the systems that you are putting in place to manage the policy and to monitor its
operation and outcomes in terms of the various equalities issues.
No equality issues have been raised but we would expect Establishments to include
this policy in the local EIA programme and feedback any issues to NOMS HR /
Equalities Group.
State when a review will take place and how it will be conducted.
The policy will be reviewed as required. Any further revision would be subject to a
further EIA.
Any equalities issues fed back from Establishments would be considered by NOMS
HR in consultation with the NOMS Equalities Group when received.
Name and signature
Policy lead
Head of group
Date
Kathryn Ball
Colin Harnett
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