Maternity and paternity leave
This could be could be because:
- you're about to have, or have just had, a new baby
- you're adopting
- your child is sick or needs your additional attention throughout the various stages of growing up
Maternity leave
If you're expecting a baby and meet the qualifying criteria set out below, we offer a generous enhanced local government occupational maternity pay.
This section will hopefully help answer some of the many questions you probably have around:
- maternity leave entitlement
- pay
- informing your manager
- keeping in touch
- returning to work
The below guidance, information and advice is not exhaustive, nor does it replace the maternity scheme. It's been put together as a guide attempting to answer the most commonly asked questions.
To read the full details and terms and conditions of the scheme, read the maternity scheme document (download below) or contact your line manager. Contact HR if you need help.
Email: lbcccshradmin@luton.gov.uk
You're entitled to 52 weeks maternity leave in total regardless of your length of service. To understand how this is worked out and broken down, please refer to section 2 on page 3 of the maternity scheme.
You can decide when to start your maternity leave, as long as it is no sooner than 11 weeks before expected childbirth up to your due date. However the total leave may not exceed 52 weeks.
Please note that if you fall sick within four weeks of expected childbirth with pregnancy related illness, your maternity leave will start automatically.
Maternity pay
There are two types of maternity pay:
- Statutory Maternity Pay (SMP)
- Enhanced Local Government (LG) occupational maternity pay (OMP)
To qualify for SMP you have to give the correct notice of pregnancy through a MAT B1 form (issued by your doctor or a registered midwife) by your qualifying week. This should be no later than 15 weeks before expected childbirth.
You also have to:
- be an employee on Luton Council terms and conditions
- have worked for us for either:
- at least 26 continuous weeks before your qualifying week
- one year by the 11th week before your due date to qualify for enhanced Occupational Maternity Pay (OMP)
To qualify for SMP you must have worked at least 26 continuous weeks by the end of your qualifying week. If you haven’t worked for the council that long you may be able to claim Maternity Allowance from the government.
Claim Maternity Allowance - GOV.UK
SMP equates to:
- 90 per cent of your earnings for the first six weeks
- then £151.97 per week for an additional 33 weeks (correct as of May 2021)
However this amount normally increases every year.
View current maternity pay rate - GOV.UK
If you've worked for Luton more than one year by your 11th week before expected childbirth and meet the above criteria, you'll be entitled to OMP, which amounts to 12 weeks at 50 per cent of your average earnings.
The 12 weeks half pay will normally take effect after SMP has been exhausted so you'll get:
- six weeks at 90 per cent of your average earnings
- 33 weeks at current SMP rate
- 12 weeks occupational maternity pay at half pay (paid during weeks 7 to 18)
Please remember that maternity pay is subject to tax, NI and pension deductions.
There are conditions around repayment clauses if in receipt of OMP.
If you're not sure if you'll return to your job after maternity leave you can, with authorisation from your manager, opt to only have the 12 weeks half pay referenced above paid upon your actual return to work.
To understand how and if these conditions affect you, please refer to section 6.5 of the maternity scheme (download below).
Time off for antenatal appointments
During your pregnancy you're entitled to paid antenatal appointments and classes, but you may be asked by your manager for appointment proof.
To avoid disruption to service you're advised to give as much notice as possible and to try and arrange this at the start or end of your working day.
For more details, please refer to section 8 of the maternity scheme (download below).
For expecting fathers, spouse or civil partners of an expectant mother, you're entitled to two unpaid antenatal appointments. Please refer to the:
- compassionate and special leave procedure (download below)
- compassionate and special leave request form (download below)
Annual leave whilst on maternity leave
Whilst you're on maternity leave you continue to accrue annual leave (AL). You may want to think about and discuss with your manager how you are planning to use this.
Some new parents spread it out after their 52 weeks come to an end in order to enable a phased return, or to extend their leave. This may be especially attractive if you started your maternity leave early before the baby was born.
Similarly, you need to ensure you've taken your existing AL before you go on maternity leave.
Please refer to section 9 in the maternity scheme (download below) where you can read about AL during maternity leave in much more detail.
Keeping in touch (KIT) days
You're entitled to 10 keeping in touch days (KIT days) during your maternity leave and these will be paid at your normal daily rate of pay.
You can do as many or as few of these days as you wish, and they may be used to:
- attend team meetings
- attend events
- carry out any appropriate work as agreed with your manager
Please refer to section 10 in the maternity scheme (download below).
Returning to work after maternity leave
You’ll be expected to return to work on the expiry of the maternity leave period.
If you intend to return to work at the end of the maternity leave period you're not required to give any notice.
However If you wish to return to work before the expiry date of your maternity leave you should inform your line manager by giving 21 days’ notice of your date of return.
You do not have to take 52 weeks maternity leave but you must take two weeks maternity leave immediately after your baby is born.
Paternity leave and pay
If you're an employee on Luton Council terms and conditions and qualify (see full terms and conditions here) then there are a number of paternity leave options open to expectant fathers/spouses/civil partners of women expecting a baby.
The below guidance, information and advice is not exhaustive, nor does it replace the paternity scheme. It's been put together as a guide attempting to answer the most commonly asked questions.
Read the full details and terms and conditions of the scheme (download below) or please contact your line manager. Contact HR for help.
Email: lbcccshradmin@luton.gov.uk
Statutory paternity leave (SPL) can be taken as either one week or two consecutive weeks leave. It cannot:
- be taken as two non-consecutive weeks
- start before your baby has been born
The rate of pay is determined by the government each year.
View current paternity pay rate - GOV.UK
Alternatively, Maternity Support Leave (MSL) allows service directors to grant five days (pro rata for part time employees) paid leave to employees who are the nominated carer of an expectant mother.
This leave is to be taken at or around the time of the birth. If you take MSL you may not also take SPP but you can combine it with shared parental leave (ShPL).
You can apply for, or be granted, either or both of the following but not a combination of the two schemes and / or both:
- maternity MSL as outlined above and in section 2 of the paternity scheme
- SPL, but not a combination of the two schemes
However you're able to apply for both SPL and pay (two weeks) and also ShPL and pay, which may work better for you and allow you to spend more time with your new baby.
You may also combine the above options with planned annual leave (AL) which you may have saved up to be able to support your partner and spend more time with your new baby.
Please note that you need to give double the amount of notice of the amount of AL you're planning to take. If this exceeds three weeks you'll need to put in a request for extended leave.
For details and how to apply you need to refer to the annual leave scheme and the compassionate and special leave procedure for more details (download them below).
For full terms and condition of the paternity scheme and to ensure you qualify, refer to the paternity scheme details (download below).