DFID provides, as a minimum, the UK statutory maternity and adoption leave and pay package for UK based staff working in the UK and overseas and non-UK nationals recruited in the UK. We provide a significantly enhanced contractual package for pregnant employees and adoptive parents who meet certain conditions, based on length of service and a commitment to return to work for at least one month after their period of leave.
Overseas offices are expected to apply the principles to Staff Appointed In Country (SAIC), and to observe any additional local labour laws. SAIC's maternity leave provisions should accord with local domestic employment legislation for SAIC employed from 1 June 2009. For staff employed prior to 1 June 2009, local custom and practice or if more favourable package - picking the best bits from each package is not permitted.
As maternity and adoption rights are particularly complicated, these rights fall into the following main headings:
DFID's paternity provision is ten days' leave on full pay. Adoption rights broadly reflect maternity rights.
Maternity Leave
1. The compliance tasks below reflect UK entitlements. The compliance requirements for SAIC will vary from country to country, depending on local law and whether UK standards are more favourable.
2. DFID must assess the risks to the health and safety of employees who are pregnant, have recently given birth or are breastfeeding. The Risk Assessment Officer must advise any action to ensure they are not exposed to those risks, including the offer of suitable alternative employment.
3. A pregnant employee must be given a reasonable amount of paid time off to keep antenatal appointments, relaxation classes etc.
4. To take advantage of maternity leave, a pregnant employee must tell HR core support or local HR Manager, no later than the end of the 15th week before her baby is due or as soon as reasonably practicable:
5. An employee can change her intended maternity start date as long as she gives 28 days notice.
6. The employee must provide HR core support or local HR Manager with a maternity certificate (normally MAT B1) or relevant overseas documentation after the 20th week of pregnancy.
7. All pregnant employees are entitled to 26 weeks Ordinary Maternity Leave (OML) provided that the notification requirements are met. OML must start no earlier than the 11th week before the EWC. It may be paid or unpaid (see Maternity Pay below) and counts for assessing seniority, pension rights, pay progression.
8. All pregnant employees have the right to Additional Maternity Leave (AML) of up to 26 weeks. This must begin immediately after the period of OML. For weeks 27-39, employees will receive SMP or an equivalent payment if SAIC staff. The pension arrangements for this period are as follows - the 13 weeks will count in full for pensions purposes, if the employee worked reduced hours prior to receiving SMP they will be treated as part-time, for pension purposes, during the SMP period. The employee will pay pension contributions based on the SMP amount recieved, the employer pension contribution will be based on the salary normally received. Weeks 40-52 will be unpaid. This period counts as qualifying but not reckonable service for pension purposes.
9. All pregnant employees must take at least two weeks compulsory maternity leave from the date of giving birth.
10. A pregnant employee with less than 41 weeks continuous service at the EWC is not entitled to Statutory Maternity Pay from DFID while on maternity leave. HR core support must explain why she does not qualify and provide her with form SMP1 as soon as possible.
11. A pregnant employee with at least 41 weeks' but less than 52 weeks' continuous service by the EWC will qualify for Statutory Maternity Pay from DFID for up to 39 weeks.
12. A pregnant employee with at least 52 weeks' continuous service by the EWC will qualify for full pay (DFID's enhanced maternity package) for 26 weeks while on OML.
13. Managers must make reasonable contact with employees who are on maternity leave. Employees on maternity leave have the right to be consulted over a range of matters e.g. proposed redundancies or re-organisation.
14. Terms and Conditions - All contractual benefits except salary will continue during ordinary and additional maternity leave.
15. DFID cannot dismiss an employee during her pregnancy, ordinary or additional maternity leave, or select her for redundancy in preference to other comparable employees, solely or mainly because she is pregnant or given birth.
16. DFID must follow Government Legislation and notify employees of significant changes in legislation.
17. An employee returning to work after OML has the right to return to the same job with the same terms and conditions as if she had not been absent (unless a redundancy situation has arisen).
An employee returning to work after AML is entitled to have the same job back on the same terms and conditions, unless a redundancy situation has arisen or there is some other reason why it is not reasonably practicable for the employer to take her back in her original job in which case she is entitled to be offered a suitable alternative vacancy.
Ordinary Paternity Leave
19. Employees who meet the following qualifying conditions will be entitled to ten days' paternity leave on full pay. They must:
20. With the agreement of line managers, Paternity Leave must be taken as either two consecutive weeks or two blocks of one week.
21. Any paid benefits will be counted as continuous employment and will therefore count towards seniority, pension rights, pay progression etc.
Adoption Leave
22. Adoption leave and pay is available to individuals who adopt and to one member of a couple where a couple adopt jointly. The couple may choose which partner takes adoption leave. Paternity Leave and Pay may be available to the other member of the couple.
23. Adoption Leave and Pay rights largely mirror those for Maternity Leave and Pay as described above. Additional or specific conditions are described below.
24. To qualify for adoption leave an employee must:
25. Adoption Leave can start no earlier than 14 days before, and no later than, the placement date.
26. Most employees who are eligible for adoption leave will be entitled to at least Statutory Adoption Pay during their period of Ordinary Adoption Leave.
27. If an employee does not qualify for Statutory Adoption Pay, HR core support must explain why and provide them with form SAP1 as soon as possible.
28. Employees who have worked continuously for 52 weeks ending with the week in which they are notified of being matched with a child will be eligible for full pay for 26 weeks whilst on Ordinary Adoption Leave.
29. For weeks 27-39 employees will be paid Statutory Adoption Pay or equivalent payment. Weeks 40-52 are unpaid.
DFID needs to be responsive in order to meet the needs of our employees in relation to maternity/adoption rights as it is our policy to employ a diverse workforce. All of these rights are underpinned by law. If we fail to do so, we risk:
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