Policy 2.5.1 Maternity Leave*

2.5.1 Maternity Leave

All pregnant employees are entitled to a minimum of 26 weeks ordinary maternity leave regardless of length of service or hours worked.

All pregnant employees are also eligible for additional maternity leave of a further 26 weeks regardless of length of service.

The rate of pay you will receive does differ however, and is outlined in the next section.

If you are pregnant you need to inform LUU of your intention to take maternity leave by the end of the 15th week before the expected week of childbirth. You also need to let us know when you expect the baby to be born and when you want your maternity leave to start.

Maternity leave can begin at any time from the 11th week before the expected week of childbirth. Your maternity leave will begin automatically, however, if you are absent from work for a pregnancy related illness during the four weeks before the start of the expected week of childbirth, regardless of when you have said you want your maternity leave to start.

Pay During Maternity Leave

Pregnant employees who have 26 weeks service by the 15th week before the estimated week of childbirth will be eligible for Statutory Maternity Pay (SMP) which will be paid at 90% of earnings for the first 6 weeks, followed by 33 weeks at the SMP rate as published on gov.co.uk (or 90% of earnings whichever is less per week).

If you do not have 26 weeks service by the 15th week before the estimated week of childbirth you will not qualify for SMP.

If you do not qualify for SMP you can apply for Maternity allowance through the Department of Work and Pensions.


LUU Maternity Pay Scheme *

If you have one year's service by the 15th week before the estimated week of childbirth and you return to work after your maternity leave for at least three months you are entitled to more generous pay under LUU's maternity pay scheme. The maternity pay you receive from LUU includes Statutory Maternity pay.


You have the option of receiving:

· 8 weeks leave on full pay followed by 16 weeks leave on half pay followed by

15 weeks SMP and thereafter up to 13 weeks unpaid leave or

· 16 weeks leave on full pay, 23 weeks SMP and up to 13 weeks unpaid leave.

Please note of the options available, you will earn slightly more from choosing option B - 16 weeks leave on full pay. LUU provides the alternative methods for spreading out maternity payments, with Option A providing more of the spread of the payments in the earlier weeks.

You must notify your Line Manager of your intention to take maternity leave at least 28 days before actually starting your leave. Notification must be accompanied by a form MAT B1 which will be given to you by your doctor or midwife.

Maternity leave cannot start earlier than the 11th week before the expected week of childbirth and you must take at least two weeks off following the birth in order to comply with health and safety legislation.

In addition to the pay you will continue to receive all benefits that are not pay related for the duration of your maternity leave. Therefore you will continue to accrue both statutory and any additional contractual holiday entitlement during both the 26-week ordinary maternity leave period and the 26-week additional maternity leave period.

You have a statutory right to return to work after maternity leave subject to certain provisions.

We may write to you three weeks before the end of your maternity leave period asking for written confirmation that you still intend to return to work. You may lose the right to return unless you provide confirmation of such return within 14 days.

If you return before the end of your Maternity Leave you must inform LUU in writing eight weeks before wishing to return to work of your intended date of return.

Employees are entitled to paid time off for antenatal care subject to the production of an appointment card. This includes appointments at hospitals, with general practitioners and midwifes and attending antenatal classes.


The arrangements for maternity pay are on the basis that you return to work for a minimum of 3 months following your period of maternity leave. If you are unable to do so, LUU will recalculate your maternity pay and claim back the non-statutory element of your maternity pay. Any overpayment in relation to the non-statutory element of your maternity pay would need to be paid in full to LUU within 3 months of receipt of your resignation .


Keeping In Touch Days

Keeping in touch can help to make it easier for both LUU and employees when returning to work. If both the employee and LUU agree, employees can do up to ten days work for LUU during maternity leave, known as ‘Keeping in Touch Days’.

LUU and the employee must both agree that the employee will work these days, and agree the work to be done and arrangements for pay.

Once you have returned to work, upon request and following a risk assessment LUU will provide facilities for employees to rest and to store expressed milk.

Still Births or Miscarriages

If an employee miscarries her baby earlier that the 25th week of her pregnancy, she will not qualify for maternity leave, SMP or MA. Any period of sickness absence from work would be dealt with under the normal sick pay arrangements.

In the event of a stillbirth from the 25th week of pregnancy onwards, members of staff would be eligible for maternity leave, SMP or MA in the normal way.