Essential documents

Working whilst pregnant
Click here to read the guidance on working whilst pregnant

Maternity Leave

I wish to take maternity leave, but I am about to complete my training, so do I lose the right to maternity pay because my contract ends
With the agreement of your training practice we can extend your training contract for the period of maternity leave in order to claim maternity pay, as long as you can start the maternity leave before the end of the normal training contract. You will not be able to return to the training practice if you have completed your training, and the contract finishes with the maternity leave.

Do I lose my maternity pay if I don't return to work after maternity leave?
If you are at the end of your training, you don't have to return to work to retain maternity pay. This does not apply to regular posts within the NHS and you would normally be obliged to repay the occupational maternity pay, but the rules are different if your training is complete and you have no right of return.

I will start maternity leave with 3 weeks remaining of my current hospital post. Will this placement count as completed and what post will I return back to?
In general the training counts if you have completed at least 3 months however the decision is more about achieving competence rather than simply completing time. Your clinical and educational supervisors will make a recommendation to the Annual Review Competency Panel. You WILL be required to make up the time lost for maternity leave, but less often less often asked to repeat the post. You are entitled to come back to a similar training post, on the same terms, although this may be different to the one you left.

With regards to annual leave whilst on maternity leave - how much am I entitled to and do I take this before returning? Will leave be as normal after this?
Annual leave continues to accrue during maternity leave so you still have your normal annual leave after returning to work. Your leave entitlement remains the same, so if you have 30 days leave remaining before going on maternity leave you still have 30 days remaining on returning. You might therefore wish to take a period of paid annual leave instead of, and at the end of your unpaid period of maternity leave. For example, if you took the maximum paid and unpaid maternity leave of 12 months and started with no annual leave outstanding, you would still accrue a further 25/30 annual leave during your maternity leave period. If you don't take this as part of your unpaid leave in the relevant leave period, you would normally lose all but 5 days of it under the General Whitley Council terms.

Am I entitled to occupational maternity pay (OMP)?
You are eligible for OMP if you have 12 months continuous NHS service at the start of the 11th week before confinement.

Am I entitled to statutory maternity pay (SMP)?
To qualify for SMP, you must satisfy the continuous employment rule. You must have been employed by your employer for 26 weeks into the qualifying week (which is the 15th week before the week in which the baby is due). The 26 weeks must be with the same employer, so you do not qualify if you change PCT or move hospital trust. This period must include at least one day's employment in the qualifying week. If you are not eligible for SMP you may apply for Statutory Maternity Allowance through your local Jobcentre Plus. Please see DWP website http://www.dwp.gov.uk/advisers/ni17a/