Maternity Leave and Pay

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Comment This policy was adopted by the Board on 11 February 2012 and reviewed and updated by the Chief Executive in June 2016. It is part of a series of Staff Policies.

Maternity Leave and Pay

1. Eligibility

All pregnant employees are entitled to take 52 weeks' statutory maternity leave around the birth of their child regardless of the number of hours worked per week.

2. Antenatal care

Any pregnant employee has the right to paid time off to attend antenatal care. Wikimedia UK may ask that you provide evidence of appointments.

3. Maternity Leave Entitlement
  • 3.1 All employees are entitled to 26 weeks’ ordinary maternity leave followed by 26 weeks’ additional maternity leave, giving a total of 52 weeks’ continuous leave, ‘the maternity leave period’.
  • 3.2 Maternity leave shall commence no earlier than 11 weeks before the EWC, or from the day following childbirth if that is earlier.
  • 3.3 Wikimedia UK will write to the employee confirming the last day of their maternity leave and the expected date of their return.
4. Compulsory maternity leave

An employee must take a minimum of two (2) weeks' leave after the birth of her child.

5. Keeping in Touch (KIT) Days
  • 5.1 During the maternity leave period Wikimedia UK will maintain reasonable contact with the staff member.
  • 5.2 Up to ten KIT days can be worked, by mutual agreement, during the maternity leave period without affecting Statutory Maternity Pay (SMP) or maternity leave. These will be agreed, as far as possible, before the commencement of maternity leave and will be paid at the staff member's normal rate of pay.
6. Maternity Pay

A pregnant employee qualifies for statutory maternity pay (SMP) provided she:

  • has at least 26 weeks' continuous service with Wikimedia UK at the 15th week before the expected week of childbirth (the "qualifying week")
  • continues to be employed by Wikimedia UK until 11 weeks before the expected week of childbirth
  • she produces a MATB1 form from her registered doctor or midwife to confirm that she is pregnant and
  • her average weekly earnings are at or above the lower earnings limit for National Insurance Contributions
7. Occupational Maternity pay rates

Wikimedia UK's current maternity pay rates are as follows:

  • a. Sixteen weeks on full pay inclusive of any Statutory Maternity Pay (SMP).
  • b. A further 23 weeks’ SMP.

If an employee does not return to work at Wikimedia UK for at least three months (part time or full time) following a period of maternity leave, the charity is entitled to request a repayment from the employee of any salary or other benefits paid by Wikimedia UK during the maternity leave period that were over and above the employee's statutory entitlement (excluding pay for Keeping in Touch days). The decision on whether to request such a repayment shall be made by the Chief Executive in consultation with the Chair of the Board and the Senior Management Team.

8. Maternity Allowance

Employees who have less than 26 weeks’ continuous service with Wikimedia UK at the beginning of the 11th week before the EWC or who earn less than the lower earnings limit for National Insurance Contributions may be entitled to Maternity Allowance.

9. Right to Return To Work
  • 9.1 An employee has the right to return to her job in which she was employed under her original contract of employment and on terms and conditions not less favourable than those which would have been applicable to her if she had not been absent.
  • 9.2 A request to return on a part time basis will be viewed sympathetically subject to the requirements of the post and of Wikimedia UK.
  • 9.3 An employee shall normally return from her maternity leave on the date advised to her before her leave commenced.
  • 9.4 Should the employee wish to return earlier than previously agreed, she shall notify the Chief Executive at least 21 days before the day on which she proposes to return if this is before the end of the maternity leave period.
  • 9.5 Where the notice given is less than 21 days, Wikimedia UK may postpone the return to ensure 21 days’ notice, but not beyond the end of the maternity leave period.
10. Terms and conditions during maternity leave

Except for the terms relating to wages or salary, the terms and conditions (contract) of employment which would have applied to you had you been at work continue throughout both ordinary maternity leave (OML) and additional maternity leave (AML) unless either Wikimedia UK or you expressly ends the contract or it expires.

Note

Childbirth means the live birth of a child, or a still birth after a pregnancy lasting at least 24 weeks.

Adoption Leave & Statutory Adoption Pay

11. Eligibility

You are entitled to paid adoption leave if you have

  • 11.1 been matched with a child by a UK adoption agency
  • 11.2 notified the agency that you agree that the child should be placed with you and have agreed the date of placement
  • 11.3 been continuously employed by Wikimedia UK for at least 26 weeks into the week in which you were notified of having been matched with the child (the "matching week")
  • 11.4 notifed Wikimedia UK that you wish to take statutory adoption leave (SAL) no more than 7 days after you were notified that you have been matched with a child.
12. Adoption leave
  • 12.1 If you are eligible for adoption leave (AL) you can take up to one year’s (52 weeks) AL. This is made up of 26 weeks’ ordinary adoption leave (OAL) and 26 weeks’ additional adoption leave (AAL). Additional adoption leave must follow immediately after ordinary adoption leave with no intervening gap.
13. Statutory Adoption Pay (SAP)
  • 13.1 You must give at least 28 days’ notice of when you would like SAP to start or as soon as is reasonably practicable.
  • 13.2 Subject to qualifying conditions, you will be paid 90% of your normal pay or SAP, whichever is the lower, for up to 39 weeks.
14. Keeping in Touch (KIT) days
  • 14.1 During the adoption leave period Wikimedia UK will maintain reasonable contact with you and it is hoped that you will keep contact with Wikimedia UK.
  • 14.2 Up to ten KIT days can be worked, by mutual agreement, during the adoption leave period without affecting your SAP or adoption leave. These will be agreed, as far as possible, before the commencement of AL and will be paid at your normal rate of pay.
15. Return to work
  • 15.1 If you return during or at the end of the ordinary adoption leave period, you are entitled to return to the same job, on the terms and conditions as if you have not been absent on adoption leave.
  • 15.2 If you return to work during or after additional adoption leave you are entitled to return to the same job unless it is not reasonably practicable. In this situation you will be offered a similar job that is suitable on terms and conditions that are no less favourable than your original job.
  • 15.3 Should you wish to return to work before the previously agreed end of your adoption leave, you are required to give Wikimedia UK at least eight weeks’ notice of the date that you intend to return to work. It is at Wikimedia UK’s discretion to accept a reduced period.
  • 15.4 Terms and conditions during adoption leave

Except for the terms relating to wages or salary, the terms and conditions (contract) of employment which would have applied to you had you been at work continue throughout both ordinary adoption leave (OAL) and additional adoption leave (AAL) unless either Wikimedia UK or you expressly ends the contract or it expires.

Notes
Joint and individual adoptions

Where a couple are adopting jointly, you can choose who will take statutory adoption leave and pay and who (regardless of gender) will take statutory paternity leave and pay (SPL&P).

If you are adopting as an individual, only you are eligible for SAP - although your partner (regardless of gender) may be eligible for SPL&P

Overseas Adoptions

Please seek advice from the Chief Executive.

Paternity Leave and Pay

16. For a birth

To qualify for paternity leave and pay for a birth, you must be

    • the biological father of the child or the mother’s husband or partner and
    • must have or expect to have responsibility for the child’s upbringing, and
    • have at least 26 weeks’ continuous service with Wikimedia UK leading into the 15th week before your baby is due and
    • continue to be employed by Wikimedia UK until the birth of your child and
    • have notified Wikimedia UK at least 28 days before you wish your Statutory Paternity Pay (SPP) to start.
  • a. If you satisfy the above criteria, you are entitled up to two (2) consecutive weeks of paternity leave. Subject to agreement with your manager, Wikimedia UK may permit the taking of this leave in other ways e.g. as single days or separate weeks.
  • b. Subject to qualifying pay criteria you will be paid 100% of your average weekly earnings or statutory paternity pay (SPP), whichever is lower.
  • c. Paternity leave must normally be taken within 56 days of the birth of the child.
17. For a UK adoption

To qualify for paternity leave and pay for a UK adoption, you must

  • be the partner of an individual who adopts a child or
  • be the member of a couple adopting who is not taking adoption leave, and
  • have at least 26 weeks’ continuous service with Wikimedia UK leading into the week in which the adopter is notified of being matched with a child and
  • continue to be employed by Wikimedia UK up to the date of placement of the child for adoption.
  • be taking time off to support the adopter and/or to care for the child. You cannot take paternity leave for any other purpose and
  • have notified Wikimedia UK no more than 7 days after the adopter has notified you that you have been matched with a child.
18. For an overseas adoption

Please seek advice from the Chief Executive.

Shared Parental Leave SPL) & Statutory Shared Parental Pay (ShPP)

19. Overview

To qualify for SPL, you must share responsibility for your child with your partner. Because you are eligible for Statutory Maternity Pay (SMP), you are also eligible for Statutory Shared Parental Pay (ShPP). Please note that each parent qualifies separately for SPL and ShPP, therefore your partner must check their eligibility with their own employer. You can share SPL and ShPP between you if you’re both eligible.

To start SPL or ShPP, you must end your maternity leave (for SPL) or your maternity pay (for ShPP). You may then take: • the remaining leave as SPL (52 weeks minus any weeks of maternity leave) • the remaining pay as ShPP (39 weeks minus any weeks of maternity pay)

You and your partner can choose how to share SPL between you. You can each take SPL in up to 3 blocks, going back to work between the blocks. If your partner is also eligible for SPL, you can take up to 3 blocks of leave each. You can take leave at different times or both at the same time. You may also be able to split blocks into shorter periods of at least a week by mutual agreement with us as your employer.

ShPP is paid at the statutory rate (currently £139.58 a week) or 90% of your average weekly earnings, whichever is lower.

20.Notice to take SPL and ShPP

SPL and ShPP must be taken between the baby’s birth and first birthday. You must give 8 weeks’ notice to us, as your employer, in writing if you want to end your maternity leave and end your maternity pay in order to start SPL or ShPP. You can change your mind later about how much SPL or ShPP you plan to take and when you want to take it but you must give notice to us of any changes at least 8 weeks before the start of any leave. If you give this notice after the birth of your child, it is binding. If you give this notice before the birth of your child, it may be withdrawn in writing up to 6 weeks after your child’s birth or adoption date, provided your maternity leave is ongoing and you have not returned to work.

Within 14 days of you applying for SPL or ShPP, we can ask you for: • a copy of the child’s birth certificate • a declaration of the place and date of birth (if the birth hasn’t been registered yet) • the name and address of your partner’s employer or a declaration that your partner has no employer which is required to be sent to us within 14 days.

21.Shared Parental Leave in touch (SPLIT) days

You and your partner can each work up to 20 days while you’re taking SPL. These are called ‘Shared Parental Leave in touch’ (or SPLIT) days. These days are in addition to the 10 KIT days available during your maternity leave. KIT and SPLIT days are optional and must be mutually agreed with us as your employer.