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3.7 MATERNITY LEAVE AND PAY
Unpaid leave – for periods of unpaid leave refer to section 3.15 in relation to entitlement for pension purposes.
| Leave Eligibility | All pregnant officers are eligible for police maternity leave provided they give notice to the chief constable as soon as reasonably practicable with the notice including: the expected date of birth of the child; and the date she intends to commence maternity leave (which can’t start later than the expected date of birth) |
| Maternity Period | Officers can take up to 15 months leave This can be taken in 1 or more blocks of leave Blocks must begin no earlier than 6 months before the expected date of birth and end no later than 12 months after the expected date of birth Where blocks of maternity leave are taken it is important to note that entitlement to SMP will cease at the end of the first block and will not recommence for future blocks within the Maternity Period. |
| Occupational Pay Eligibility | An officer is entitled to Occupational Maternity Pay (OMP) if, at the beginning of the week of the expected date of birth, the officer will have served continuously for a period of not less than 63 weeks in PSoS or any other police force, and the officer is pregnant or has given birth 15 weeks before the expected week of childbirth, In the unfortunate event that a baby dies or is stillborn more than 15 weeks before the expected date of birth the officer will not be entitled to maternity pay. Sympathetic consideration should be given to the circumstances and where necessary special leave or sick leave should be granted as appropriate on the basis of individual circumstances. The decision should be advised by the needs of the officer and medical opinion |
| OMP Provision | OMP is 18 weeks full pay for the first 18 weeks of any period/periods of maternity leave, or 13 weeks full pay for the first 13 weeks followed by 10 weeks of half pay plus the equivalent of half the rate of Statutory Maternity Pay (SMP). |
| Statutory Pay Provision | Police officers are also eligible for SMP if they have worked for PSoS continuously for at least 26 weeks continuing into the ‘qualifying week’ – the fifteenth week before the expected week of childbirth. If not, an officer may be entitled to Maternity Allowance paid by the Benefits Agency. Where any period of paid maternity leave coincides with SMP periods, OMP will be offset by statutory maternity payments. |
| Amending maternity dates | The officer can amend their maternity start date (provided it is not later than the expected date of birth) and the start and end dates of maternity periods throughout maternity leave provided not less than 21 days’ notice is given of the officer’s intention to return to duty. |
| Returning to Duty | The officer must give the chief constable not less than 21 days’ notice of her intention to return to duty. If the officer provides a date and then wishes to change it then this can be done provided that the new date meets the same notice requirements. |
| Sick Leave and Pay and Maternity | If an officer is absent due to a pregnancy related sickness during the 4 weeks before the expected week of childbirth, this will trigger payment of SMP. The officer will be recorded as being on sick leave however will be entitled to SMP rather than sick pay. |