SCOTTISH POLICE FEDERATION MATERNITY GUIDANCE 2023
Q. I HAVE FOUND OUT I AM PREGNANT - WHAT SHOULD I DO NEXT?
Firstly, congratulations! You will be making a lot of new plans about the future right now and it is important that you know what you can expect from Police Scotland from today until you return to work after your maternity leave.
The Force are required to have Generic Risk Assessments that set out the risks of each role for women who are pregnant or planning to have a baby. You can consider the potential risks for you and your baby by accessing the Generic Risk Assessment for you role.
Q. DO I HAVE TO TELL THE FORCE THAT I AM PREGNANT?
The SPF encourages you to tell your line manager as soon as practicable so that proper protective measures can be put in place to protect you and your unborn child. You need to inform the Force (HR or your line manager) in writing that you are pregnant in order to trigger the legal requirement under the H&S legislation for a pregnancy risk assessment to be completed on you and your work. Once you are around 21 weeks pregnant your GP or midwife will give you a certificate (Mat B1) for your employer showing that you are pregnant and the expected date of your baby’s birth.
You MUST advise the Force that you are pregnant no later than 28 days before your baby is due or you will not comply with the requirements for Statutory Maternity Pay.
Q. CAN I CONTINUE TO WORK AS NORMAL?
There is no reason why, if any identified risks are managed properly, that you cannot continue to work throughout your pregnancy. The H&S legislation that applies to new and expectant mothers requires the Force to alter your work to remove or reduce any risks to you or your baby. This legislation continues to apply when you return to work if that is within 6 months of giving birth and at any stage if you are breastfeeding when you come back to work.
Q. BUT MY PREGNANCY MAY BE DIFFERENT TO OTHERS?
Which is why, once you inform your line manager of your pregnancy, the Force is deemed to know that you are pregnant and must ensure that a specific risk assessment is carried out. This may be in consultation with the Occupational Health Department, the Force Medical Advisor and/or your own GP or obstetrician. The process should always include you and you should be provided with a copy of the completed risk assessment. The risk assessment should be reviewed at regular intervals during your pregnancy to highlight and identify any changes in your needs.
Q. THE FORCE WANTS TO REMOVE ME FROM MY CURRENT DUTIES AND HAVE ME WORKING IN AN OFFICE.
CAN THEY DO THIS?
If the risk assessment highlights any risks to you or your unborn child in the role you are currently performing the Force must take reasonable steps to remove or reduce those risks. This may involve adjusting your conditions and/or hours of work or providing you with an alternative role. In the first instance the Force should look at altering the work you currently undertake – they may allow you to come in later or have longer rest breaks for example. Your pay should not be affected. You should not be routinely removed to a particular role without a proper risk assessment.
The Force should not be risk averse as many women work throughout their pregnancy with little or no problems.
Q. WHAT IF THE FORCE CANNOT REDUCE OR REMOVE THE RISKS?
In these circumstances the Force should give you paid leave for as long as is necessary. There should be no need for you to go off sick. This could affect your pay if you have to take sickness absence after you have come back to work.
Q. AM I ENTITLED TO TIME OFF FOR ANTE-NATAL CARE?
Yes, you are entitled to reasonable time off to attend appointments for ante-natal care made on the advice of your GP, Midwife, or health visitor. The time off will be paid if the appointment is in duty time. There is no limit to how much time off you can take for ante-natal care but, after your first appointment, you can be asked to show an appointment letter or other document showing that an appointment has been made for you.
Q. WHAT MATERNITY LEAVE AM I ENTITLED TO?
Police officers are not employees so do not get Statutory Maternity Leave. Police officers are entitled to 15 months Police Maternity
Leave in an 18 month period starting from up to 6 months prior to and up to 12 months after birth under Police Regulations. Police officers can take their maternity leave in more than one block, but you should be aware that doing this may have adverse implications for your pay depending on the point you break your leave – see below.
Q. WHAT MATERNITY PAY AM I ENTITLED TO?
If you have 63 weeks continuous service as a police officer (in any Force) before the expected week of childbirth and you are pregnant or have given birth 15 weeks before the expected week of childbirth you are entitled to Occupational Maternity Pay (OMP) which is 18 weeks on full pay. You can take the last 5 weeks of the 18 weeks payment over 10 weeks and will receive half pay plus half the value of SMP for each of those 10 weeks. This will extend your OMP period to 23 weeks. You will also be entitled to Statutory Maternity Pay (SMP) if you have 26 weeks continuous service in the Force as a police officer 15 weeks before the expected week of childbirth. Statutory Maternity Pay is paid for up to 39 weeks – the first 6 weeks are paid at 90% of full pay followed by 33 weeks of SMP at the lower rate. The lower rate of SMP changes each year in April; in 2023 it is £172.48 a week. If you return to work (other than for a KIT Day) before you have exhausted your SMP, your SMP is brought to an end and will not restart if you return to maternity leave. In a week when you are eligible for both SMP and OMP, only the higher of the two is paid. You can have up to 15 months maternity leave in an 18 month period, so there may be a period of unpaid leave after you have exhausted OMP and SMP.
Q. WHAT IF I HAVE TO GO OFF EARLIER THAN THE DATE I NOTIFIED TO START MY MATERNITY LEAVE?
If you have to start your maternity leave before the date you notified the Force, you may be able to benefit from starting your SMP – but not your OMP – early. Remember, the first 6 weeks of SMP is paid at 90% of your full pay, then it reverts to SMP at the lower rate for 33 weeks.
SMP will start the day after your baby is born if they are born prematurely. However, your OMP will start on the date you previously notified to the Force, unless you elect to bring the date forward. If you are absent for a pregnancy-related reason (such as pregnancy related sickness absence or police maternity leave) after the beginning of the 4th week before your baby is due, your SMP will start automatically. However, your OMP will start on the date you previously notified to the Force, unless you elect to bring the date forward.
Q. WHAT ABOUT MY ANNUAL LEAVE ENTITLEMENT?
Your annual leave entitlement will accrue throughout your maternity leave, and you can take this, before, during or after your maternity leave. You need to be aware that if you take your annual leave during your maternity leave at a time when you are receiving SMP, you will lose your right to return to SMP for the remainder of your maternity leave as you will be deemed to have come back to work. If you take your annual leave at the end of your maternity leave you will be deemed to have come back to work and will receive your full pay.
Q. CAN I TAKE PAID PARENTAL LEAVE AT THIS TIME?
Parental leave is 18 weeks leave available to each police officer who has parental responsibility for a child under 18. It is available in respect of each child, so if you have twins, you would be eligible for 36 weeks’ parental leave. As a police officer you can take parental leave in blocks of days and there is no restriction on the number of days you can take in a year, say that you have a limit of 18 weeks in total for each child. In Police Scotland, the first 4 weeks of parental leave is paid at your normal rate of pay. So, you could take 4 weeks paid parental leave at the point that you return to work. You could combine this with your annual leave to further extend your maternity leave period.
Q. DO I HAVE TO MAINTAIN CONTACT WITH THE FORCE WHEN I AM ON MATERNITY LEAVE?
Often people who are away from the workplace for a protracted period of time become disassociated and that in itself can cause frustrations. It is good practice for your line manager to agree with you a form of contact that suits you and your needs whilst allowing the Force to keep you properly updated with news of your workplace and any vacancies or promotion opportunities that are available while you are off.
Q. CAN I BE RECALLED TO DUTY DURING MY MATERNITY LEAVE?
You cannot be required to work within 2 weeks of giving birth. Thereafter you should only be recalled to duty for exceptional reasons such as court or to attend a misconduct hearing.
Q. WHAT AM I ENTITLED TO IF I AM RECALLED TO DUTY OR HAVE TO ATTEND COURT WHILST ON MATERNITY LEAVE?
First and foremost, if you are recalled to duty, you should have a risk assessment if you had your baby less than 6 months before or if you are breastfeeding. The risk assessment should consider how you will be accommodated in the court or other offices.
You can take a KIT Day and be paid (see below) if you are required to return to duty. However, you only get 10 possible KIT days during your maternity leave so you may prefer to take a Return to Duty Day. You will not be paid for a Return to Duty Day as this would mean that you had returned to work and your SMP would be brought to an end. The day will be credited to you as TOIL to be taken when you return to work after your maternity leave. It will not be bought out until 3 months after your return to work.
Q. WHAT ARE KIT DAYS?
Keeping in Touch (KIT) days allow women officers on maternity leave to return to work on a voluntary basis for up to a maximum of 10 days during their maternity leave. KIT days should be agreed in advance between you and the Force and can be used to allow you to attend training courses, keep up to date with changes at work or just to keep in close contact with your workplace. In fact, KIT days could provide real benefits for you whilst you are on your maternity leave. A risk assessment will also be undertaken to ensure that you are fit and able to undertake the work but also that any risks are properly managed and reduced.
Q. WILL I BE PAID FOR WORKING A KIT DAY?
You will receive your normal hourly rate for the hours you work on a KIT Day in addition to your SMP for that week so can be used to enhance your pay whilst helping you remain in contact with your workplace. The pay you receive for working on a KIT Day is pensionable.
Q. WHAT NOTICE MUST I GIVE THE FORCE WHEN RETURNING TO WORK AFTER MY MATERNITY LEAVE?
You must give at least 21 days written notice of your intention to return to work, or to change your date of return. This gives the Force time to ensure that a risk assessment is carried out on your return.
Q. I WANT TO RETURN TO WORK BUT AM STILL BREASTFEEDING, CAN I DO THIS?
You should give the Force written notification of your intention to continue breastfeeding after your return to work. A specific risk assessment will be required to be undertaken by the Force to ensure any risks are minimised and so that any specific needs are facilitated (this may include additional rest periods to allow you to attend to your baby out with the workplace or suitable facilities to express and store milk at work).
Q. WHAT ABOUT MY PENSION WHEN I AM ON MATERNITY LEAVE?
Any period of paid maternity pay (both OMP and SMP) will count towards your pensionable service. Pension contributions paid at your usual pension percentage rate will be deducted from any pay you receive. You will accrue pension throughout your maternity paid leave as if you were still at work. In addition, you can buy-back unpaid maternity leave at the rate of the last pay you received whilst on maternity leave – in most cases this will be SMP at the lower rate.
Q IS ANY OF MY MATERNITY LEAVE RECKONABLE FOR SERVICE?
You can reckon a period of up to 52 weeks for pay and leave purposes when on maternity leave.
Q. WHAT IF I AM NOT WELL ENOUGH TO RETURN TO WORK AT THE CONCLUSION OF MY MATERNITY LEAVE?
In these circumstances the Police Service of Scotland Regulations 2013 in relation to sickness absence will apply
Q. WHAT ABOUT MY VOLUNTARY CONTRIBUTIONS AND INSURANCE PAYMENTS TO THE SCOTTISH POLICE FEDERATION?
When you are on maternity leave and cease to receive any pay from the Force you will receive a letter from the SPF advising that to remain within the insurance scheme you must continue to pay your voluntary fund contributions and insurance premiums. Remember that you remain a police officer and subject to Police Regulations while you are on maternity leave.
A mandate will be sent to you to allow you to arrange this with your bank. If you opt not to continue in the scheme you can only be accepted back into it on successful completion of a medical questionnaire. Any additional medical examinations required by the insurers will be at your own cost.
Police Maternity Leave and Pay Chart (Scotland) July 2023
The following chart indicates an officer’s pay during her chosen period of maternity leave. It does not address all potential options but gives general guidance about the interaction between statutory and occupational maternity pay. Individual advice should be obtained from Police Scotland HR.
The box marked 0 on the top line is the date the woman ’ s baby is expected – weeks before the birth are numbered to the left and weeks after to the right. The column at the far left with descending numbers indicates the weeks before the birth that the woman can go onto maternity leave. Move down that column to the week before her EWC that she wants to start her maternity leave and then move across that line horizontally. Each square represents a week and the colour indicates the pay for that week: Police Maternity Pay (red), Statutory Maternity Pay at the higher rate (pale blue) or Statutory Maternity Pay at the lower rate (purple). Where there are two colours in a square the higher rate of pay only is paid in that week. Squares coloured yellow are weeks that the woman is eligible for unpaid maternity leave. Squares coloured green are the weeks that the woman is at work before or after her maternity period.
IF YOU HAVE ANY FURTHER QUESTIONS THAT ARE SPECIFIC TO YOUR OWN CIRCUMSTANCES, YOU SHOULD CONTACT YOUR DIVISIONAL REPRESENTATIVE OR LOCAL AREA OFFICE WHO WILL BE HAPPY TO ASSIST YOU FURTHER.
0300 303 0027