There is much to consider when an employee tells you that they are pregnant. Firstly, they may not want everyone in the organisation to know, so ensure that they have told their colleagues before it is broadcast. Both maternity leave and pay are governed by statutory regulations, so it is important to know how to manage time off due to pregnancy and how to calculate pay.
Taking maternity leave
Where a worker has at least 26 weeks’ continuous service, they are entitled to take up to 52 weeks’ maternity leave. The first 26 weeks’ leave is referred to as ordinary maternity leave (OML), followed immediately, if they choose, by 26 weeks of additional maternity leave (AML).
If they are entitled to maternity leave and pay, they can choose to start it from either:
- up to 11 weeks before the baby is due, or
- the day of the birth
The worker must tell the employer the date they plan to start maternity leave no later than 15 weeks before the baby is due.
After the baby is born, they must (by law):
- start maternity leave (if they have not already)
- take off from work at least 2 weeks (4 weeks if they work in a factory) – this is known as ‘compulsory maternity leave’
- take their maternity leave in one go.
Maternity leave ends when the worker returns to work.
Click here for the Government website, where you will find more details about maternity pay and leave.
Follow the link for more information from ACAS.
The rules are different for Shared Parental Leave (SPL)
Click here for the Government website, where you will find more details about SPL.
Changing the start date of maternity leave
The worker must give the employer 28 days’ notice (or agree a new date together) if they wish to make a change to the agreed date.
Maternity leave can start early if:
- the worker is absent from work because of pregnancy-related sickness in the 4 weeks before the baby is due, or
- the baby is born earlier than expected or is premature
Maternity Pay
Statutory Maternity Pay (SMP)
The worker will qualify for Statutory Maternity Pay (SMP) if all the following apply:
- they have been working continuously for 26 weeks for the same employer before the ‘qualifying week’
- they earn at least £123 a week on average for 8 weeks before the qualifying week.
If they have more than one employer, they might be able to claim SMP from each one, if eligible.
Statutory Maternity Pay (SMP) is paid for 39 weeks:
- for the first 6 weeks, pay is 90% of average weekly earnings
- for the following 33 weeks, pay is 90% of average weekly earnings or £156.66* a week, whichever is lower
- the remaining 13 weeks are unpaid
*Maternity Pay is reviewed, usually on an annual basis around April of each year. The figures quoted in this article are relevant at the time of writing, in August 2022.
Enhanced maternity pay
An employer may choose to enhance Statutory Maternity Pay by providing more pay over a period of time. For instance, some employers provide 90% of pay over 12 weeks or more. Each organisation will set out their policy in their contract of employment or policies.
Maternity Allowance
Where the worker is eligible for SMP, they may still qualify for Maternity Allowance.
Click here for more information about maternity allowance, which can be found on the Government website.
Holiday and maternity leave
Holiday entitlement will continue to accrue during maternity leave. Embrace HR encourages employers to discuss and agree, as early as possible, when accrued leave should be taken. This conversation will help to manage the worker’s return to work with the intention of minimising disruption. An example is to arrange for holiday that is accrued up to the time of intended maternity leave to be taken before that date if it is convenient to the worker and the organisation.
Many workers take their accrued leave at the end of maternity leave, before returning to work, or may use leave to ease themselves back into work on a part-time basis. There are many options to be discussed.
During maternity leave
Keeping in touch during maternity leave
The employer has the right to a reasonable amount of contact with the worker during maternity leave, especially to keep them informed of any changes to their job role or to the organisation.
Discuss and agree on the best method of communication prior to the start of maternity leave.
Keeping in touch days
The worker may work for up to 10 days during maternity leave to help stay in touch with the employer. These are called keeping in touch (KIT) days.
It’s up to the worker to agree with the employer:
- if they want to work KIT days
- how many KIT days they will use
- what type of work will be carried out on the KIT days
- how much they will be paid for the work (this cannot be below the National Minimum Wage)
Redundancy
It’s against discrimination law for an employer to make a worker redundant just because they are pregnant or on maternity leave.
Returning to work after having a baby
The right to return to work
If the worker has taken 26 weeks or less
The worker has the right to return to the same job after ordinary maternity leave.
If the worker has taken more than 26 weeks
The worker still has the right to return to the same job on the same terms as before they left. But if it’s not possible because there have been significant changes to the organisation, they could be offered a similar job.
In this case, the job cannot be on worse terms than before. For example, the following must be the same:
- pay
- benefits
- holiday entitlement
- seniority
- where the job is located
Changing the date of return
The worker must tell the employer at least 8 weeks before they are due to return to work if they want to:
- stay on maternity leave longer than planned
- return to work sooner than planned
Taking holiday
Holiday entitlement continues to accrue holiday during maternity leave.
Discuss before return to work to agree when accrued holiday will be taken.
Resignation
If the worker decides they wish to leave their job either during or after maternity leave, they should follow the usual process for resigning, giving the employer the notice period as set out in their contract of employment.
More information is available from ACAS.
This article published by People Management also provides useful information.
If you would like to discuss this subject further, please contact us.
T: 01296 761288 or contact us here.
If you would like to receive our newsletter, please sign up here.
Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector and small businesses, from recruitment through to exit
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CLOSED: Support Worker Burgess Hill, RH15
A super boy needs a super Support Worker
We have a rewarding opportunity for a committed Support Worker to join a small care team providing support on alternate weekends and also covering holidays and sickness absence (weekdays) after school and into the early evenings during term time.
Weekend hours are Saturday from 8am – 1pm (or potentially the whole day) and Sundays flexible hours dependant on family commitments, to be worked on alternate weekends.
Our client is a friendly, bright, motivated and sociable 12-year-old boy who enjoys playing games, sports and attending clubs and activities in the local area. He attends secondary school, at times needs help with homework, including scribing and organisation skills. A multi-disciplinary team is involved, and part of the role will be assisting with therapy, such as going to the gym and social activities.
He has a keen sense of humour and enjoys the company of his friends and family. He has cerebral palsy with good functional abilities and is independent with most activities of daily living, and he communicates well.
Click here to apply for this position
You will need to be able to provide a high quality of support, you should:
May suit a trainee nurse or OT/Physio or personal trainer.
Part-time hours
Minimum of 8am to 12pm on Saturdays with flexibility to stay longer if required depending on the family’s schedule.
Sundays with flexibility depending on the family’s schedule.
Salary
£15.00 – £17.00 per hour dependent on the shift worked and your experience.
If you are interested in this role, please click here to apply.
Benefits
Schedule
Experience
Licence/Certification
Work remotely?
COVID-19 considerations
Satisfactory references and proof of eligibility to work in the UK will also be required. This position requires a disclosure request from the DBS. A conviction will not necessarily prevent you from being employed.
Ref: 2023.03/lorl
Click here to apply for this position
CLOSED: Support Worker / Carer – Gloucester
Support Worker experienced in complex care required in the Gloucester area
The role involves providing complex care and support to our client who was born in 2009 and has cerebral palsy. He drives his wheelchair independently and proficiently. He enjoys an active lifestyle socialising, adapted sport, swimming, the theatre and just being out and about. He uses electronic communication, and gesture/signs. A support worker is required to assist with all activities of daily living, including personal care and to provide him with social and leisure opportunities in the Gloucester area.
HOURS:
Weekend days: 8am – 5pm or 9am – 7pm (up to 6 hours per 4-week period)
School holiday days: 9am – 6pm (up to 4 hours per week)
RATES OF PAY:
£12 – £13.50 per hour dependant on experience
Sleeping night on occasional basis NMW/NLW
MAIN DUTIES & RESPONSIBILITIES
PERSON SPECIFICATION
Essential
Desirable
COVID-19 considerations:
Satisfactory references and proof of eligibility to work in the UK will also be required. This position requires a disclosure request from the DBS. A conviction will not necessarily prevent you from being employed.
Click here to apply for this position
Seven Tips to Help Manage Maternity Leave
Cecily Lalloo, Managing Director of Embrace HR, a consultancy specialising in HR support to Deputies and Case Managers, says that maternity leave can be a tricky time; both for the expectant mother dealing with pregnancy, and for the employer responsible for managing the employee while they are off.
The scenario
The recruitment campaign has been on-going for a while. The ideal candidate, Wilhelmina, is offered the job, and accepts, and a start date is agreed. An offer is sent to her along with all the necessary requirements for checks such as DBS, drivers’ licence, pre-employment health questionnaire. The start date is arranged, and a contract is drafted and sent, as well as mandatory training information. Wilhelmina powers through her training and probationary period, she settles into the role and three months later she informs her manager that she is pregnant. This may be an inconvenience to the organisation and the team. However, it is a time of celebration for Wilhelmina as it is her first pregnancy. She is anxious and excited. As an employer it is important to acknowledge how she feels and to support her as much as possible while she continues to do her job.
Here are our 7 Tips
What you should know
The same statutory obligations apply to managing maternity leave whether the organisation is small or large. Whether there are 2 workers or 2,000 workers.
Often there is more than one person who is pregnant or on maternity leave at the same time. It is important to manage the process carefully. There will be many conversations as changes take place, not least if baby arrives early, your worker is ill. Speak regularly with your pregnant mother so that the management of her time at work and the absences are covered as well as possible. Remember that if you decide on a temporary worker to cover whilst she is away, that person must not be offered the role permanently. If there are any changes to her job role, communicate with her.
Ensure that you arrange how your employee would like to be communicated with whilst on maternity leave. Women on maternity leave can often feel isolated from what is happening at work so it is important to make sure they still feel part of the team. There is a balance to be struck, let her know what you will contact her about and that you or your HR person can be contacted at any time.
Have a discussion before your worker starts their maternity leave about how much contact they would like, as preferences will vary. Send news updates and invitations to social events and make sure you keep them informed of any important team decisions. However, if you want to ask them to attend work or carry out some trainings then do so via Keeping In Touch (KIT) days if they are interested.
Pregnancy should be a happy time for your workers who will be going through many changes. However, it is a normal life event, and most people can work long into their pregnancy with the right management and adjustments. Adjustments that may be necessary for shift workers are different working times and refresher training in lifting and handling or remove some elements of the job and replace with others. Occasionally, if adjustments cannot be made, suspension may be necessary. Speak with HR before taking this decision.
Provided you understand the minimum legal requirements, the best way to show support as an employer is through excellent communication. The more your employee feels they can be open about their preferences and intentions, the better placed you will be to respond.
It is important that the maternity leave process is started as soon as notification of a pregnancy is received.
If you would like to discuss this subject further, please contact Cecily Lalloo at Embrace HR Limited.
T: 01296 761288 or contact us here.
If you would like to receive our newsletter, please sign up here.
Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector, and small businesses, from recruitment through to exit.
Annual Leave – Planning For the End of the Annual Leave Year
As we are now approaching the end of the calendar year, if your holiday year runs from 1 January to 31 December, we recommend that you review the annual leave position for your employees.
Annual leave is for rest and recuperation from work, and the rules that govern this are the Working Time Regulations 1998 and The Working Time (Amendment) Regulations 2007. These rules were originally based on the EC Working Time Directive, which has been amended from time to time. We need to keep an eye on future changes following Brexit.
As it is now only three months to year-end, planning a holiday makes it easier to ensure that your organisation is still staffed to meet its needs.
Many organisations close their doors during the holiday period in December, and it is a good idea to remind staff of the plans over this period.
What you need to do now
You will need to work out how much annual leave each employee still has left to book and take before the end of the year.
Remind your employees to book and use their full annual leave entitlement within the leave year. Explain that leave is very important for health and wellbeing, as well as allowing them time to relax away from the workplace.
Advise your staff in good time of any policies or contractual obligations if any leave may be carried over to the next annual leave year, or if any untaken leave will be lost.
Written communication to staff is advisable so that it is clearly stated what needs to be done in the next three months.
When can holiday be carried over?
There are a number of reasons why a holiday can be carried over to the next holiday year. These include:
It is important to refer to the employment contract or company policies regarding the taking of holiday, especially where the annual leave entitlement has been enhanced. Organisations may allow for carry-over of a portion of the enhanced holiday entitlement, provided the statutory entitlement has already been taken.
Can you pay in lieu of untaken holiday?
There are times when employees have not taken their full entitlement during the holiday year and ask if they may be paid instead.
It is unlawful to pay in lieu of untaken holiday, unless on termination of employment.
Can you request your staff to take holiday?
An employer may request staff to take holiday if it is convenient for their organisation. However, we would recommend that contracts or policies be checked as well. If a request is made to an employee to take holiday, notice must be double the amount of time that is requested to be taken.
Communication
Annual holiday is an emotive subject. It is important to keep accurate records of holiday taken and holiday accrued. It is recommended that regular conversations take place around well-being which includes time off such as annual leave.
If you would like to discuss this subject further, please contact Cecily Lalloo at Embrace HR Limited.
T: 01296 761288 or contact us here.
If you would like to receive our newsletter, please sign up here.
Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector, and small businesses, from recruitment through to exit.
What You Need to Know About Maternity Leave and Pay
There is much to consider when an employee tells you that they are pregnant. Firstly, they may not want everyone in the organisation to know, so ensure that they have told their colleagues before it is broadcast. Both maternity leave and pay are governed by statutory regulations, so it is important to know how to manage time off due to pregnancy and how to calculate pay.
Taking maternity leave
Where a worker has at least 26 weeks’ continuous service, they are entitled to take up to 52 weeks’ maternity leave. The first 26 weeks’ leave is referred to as ordinary maternity leave (OML), followed immediately, if they choose, by 26 weeks of additional maternity leave (AML).
If they are entitled to maternity leave and pay, they can choose to start it from either:
The worker must tell the employer the date they plan to start maternity leave no later than 15 weeks before the baby is due.
After the baby is born, they must (by law):
Maternity leave ends when the worker returns to work.
Click here for the Government website, where you will find more details about maternity pay and leave.
Follow the link for more information from ACAS.
The rules are different for Shared Parental Leave (SPL)
Click here for the Government website, where you will find more details about SPL.
Changing the start date of maternity leave
The worker must give the employer 28 days’ notice (or agree a new date together) if they wish to make a change to the agreed date.
Maternity leave can start early if:
Maternity Pay
Statutory Maternity Pay (SMP)
The worker will qualify for Statutory Maternity Pay (SMP) if all the following apply:
If they have more than one employer, they might be able to claim SMP from each one, if eligible.
Statutory Maternity Pay (SMP) is paid for 39 weeks:
*Maternity Pay is reviewed, usually on an annual basis around April of each year. The figures quoted in this article are relevant at the time of writing, in August 2022.
Enhanced maternity pay
An employer may choose to enhance Statutory Maternity Pay by providing more pay over a period of time. For instance, some employers provide 90% of pay over 12 weeks or more. Each organisation will set out their policy in their contract of employment or policies.
Maternity Allowance
Where the worker is eligible for SMP, they may still qualify for Maternity Allowance.
Click here for more information about maternity allowance, which can be found on the Government website.
Holiday and maternity leave
Holiday entitlement will continue to accrue during maternity leave. Embrace HR encourages employers to discuss and agree, as early as possible, when accrued leave should be taken. This conversation will help to manage the worker’s return to work with the intention of minimising disruption. An example is to arrange for holiday that is accrued up to the time of intended maternity leave to be taken before that date if it is convenient to the worker and the organisation.
Many workers take their accrued leave at the end of maternity leave, before returning to work, or may use leave to ease themselves back into work on a part-time basis. There are many options to be discussed.
During maternity leave
Keeping in touch during maternity leave
The employer has the right to a reasonable amount of contact with the worker during maternity leave, especially to keep them informed of any changes to their job role or to the organisation.
Discuss and agree on the best method of communication prior to the start of maternity leave.
Keeping in touch days
The worker may work for up to 10 days during maternity leave to help stay in touch with the employer. These are called keeping in touch (KIT) days.
It’s up to the worker to agree with the employer:
Redundancy
It’s against discrimination law for an employer to make a worker redundant just because they are pregnant or on maternity leave.
Returning to work after having a baby
The right to return to work
If the worker has taken 26 weeks or less
The worker has the right to return to the same job after ordinary maternity leave.
If the worker has taken more than 26 weeks
The worker still has the right to return to the same job on the same terms as before they left. But if it’s not possible because there have been significant changes to the organisation, they could be offered a similar job.
In this case, the job cannot be on worse terms than before. For example, the following must be the same:
Changing the date of return
The worker must tell the employer at least 8 weeks before they are due to return to work if they want to:
Taking holiday
Holiday entitlement continues to accrue holiday during maternity leave.
Discuss before return to work to agree when accrued holiday will be taken.
Resignation
If the worker decides they wish to leave their job either during or after maternity leave, they should follow the usual process for resigning, giving the employer the notice period as set out in their contract of employment.
More information is available from ACAS.
This article published by People Management also provides useful information.
If you would like to discuss this subject further, please contact us.
T: 01296 761288 or contact us here.
If you would like to receive our newsletter, please sign up here.
Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector and small businesses, from recruitment through to exit
Bank Holiday 19 September 2022 – What does it mean to you?
The announcement that there is a bank holiday on Monday 19 September 2022, in the United Kingdom to mark the State Funeral of Queen Elizabeth II will have an effect on many workers.
My diary has been re-arranged, as I am sure others have had to do too. I am pleased that it is a bank holiday as I know that many people, not only in the UK but in other countries, will want to watch or take part in one way or another.
I have had messages expressing sympathy for the late Queen’s passing from my family and friends across the globe – from Africa, Brazil, Australia and the United States. It is an historical occasion – the State Funeral of a respected, dignified woman of integrity. It is fitting that the day is marked by a bank holiday.
What is the effect on employees in your organisation?
The Government is encouraging employers to give workers paid time off where possible and practical.
Many organisations require people to work over public holidays if they are essential services. One cannot simply decide that because of a bank holiday, the role in some of these services stops.
Holiday entitlement is dependent on what is set out in a contract of employment or agreement.
Is the holiday entitlement in the contract stated as 20 days plus public and bank holidays or 28 days including public and bank holidays? If it is 20 days plus public and bank holidays, workers are entitled to an extra day off, although if the normal 8 bank holidays are listed, this is not the case. If holiday is stated as 28 days including public and bank holidays, then there is no automatic entitlement to the extra day.
It is important that employers check contracts and advise their employees of the rules governing the bank holiday.
If it is not practical to provide paid time off, an employer may consider allowing workers to watch the funeral at work or provide time off in lieu if staff are required to work that day.
Where a worker’s shift is already set for Monday 19, there is an expectation that they will continue as normal. However, there may be reasons that they cannot work that day.
For instance, they may have childcare responsibilities as children will be off school. If so, then it is important that employers listen to the reasons, and where possible make alternative suitable arrangements.
Parents may apply for dependent leave, which is normally unpaid, for an emergency. We have had just over a week’s notice so this may not be applicable. Some people may want to request annual holiday if they still have some entitlement.
This is time for all employers to be sensitive and to ensure open communication with their employees.
If you would like to discuss this subject further, please contact Cecily Lalloo at Embrace HR Limited.
T: 01296 761288 or contact us here. If you would like to receive our newsletter, please sign up here.
Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector, and small businesses, from recruitment through to exit.
CLOSED: Support Worker – Mayfield, East Sussex
Support Worker experienced in acquired brain injury required in the Mayfield area of East Sussex
We are looking for a dedicated support worker with a genuine caring profile and good sense of humour with the ability to learn and implement prescribed therapy to support our adult client who has an acquired brain injury. You will be required to work alongside our client in a facilitative role, enabling his integration into the community, supporting his day-to-day needs and sourcing suitable local facilities for social integration and therapy rehabilitation.
HOURS:
Working days: Monday to Sunday – shifts based on 3 days and 2 sleep in nights (option for split shifts)
Working hours: combination of day shifts and sleep in shifts totalling a maximum 48 hours per week
Potential for Saturday and Sunday by arrangement
PAY: £17 per hour Monday to Friday day shifts
£120 per sleep in shift
£19 per hour Saturday and Sunday shifts
MAIN DUTIES & RESPONSIBILITIES
Click here to find out more and to apply for this position
GENERAL:
PERSON SPECIFICATION
Essential Requirements:
Desirable:
Click here to find out more and to apply for this position
CLOSED: Female Support Worker, Haywards Heath
Female* Support Worker – Permanent, part-time (between 20-30 hours per week)
Location: Haywards Heath, West Sussex, RH16
Pay: £13-£15 per hour – Day Shifts
£14-£16 per hours – Waking Night Shifts
Shifts available: Flexibility to work shifts with a mix of afternoons, nights & seasonal cover is required. There are a variety of shifts available, any shift pattern will be considered.
Are you a Female* Support Worker?
Experience:
Experience in caring for children/young people with cerebral palsy is an advantage; administration of medication, follow through on therapy, keep accurate records. Enthusiasm, patience, common sense and a willingness to learn are key aspects of the role. The ability to work alone
Our client:
We are currently looking for a number of daytime Female* Support Workers who can be flexible in the availability of shifts worked. If you can work nights too, we’ll be happy to talk to you. Our client is a young girl in her teens who has complex physical and learning disabilities. She lives with her mother, father and 2 younger siblings. She is non-verbal with sensory impairments, hearing impairment and uses cochlear implants. She has complex physical needs and is a wheelchair user.
Full support is needed to undertake all activities of daily living. She is fed via a gastrostomy and uses a combination of facial expressions. symbols and some eye pointing to communicate. She requires a high level of care both during the day and night. If you are available for night shifts where our client frequently awakes and requires attention, we’d love to talk with you.
Our client enjoys the company of happy, lively people with outgoing personalities. She enjoys playing with her siblings, has a fantastic sense of humour and loves joining in all activities integral to family life. Ongoing training and support will be given.
* The employer claims exemption under the Equality Act 2010
Satisfactory references and proof of eligibility to work in the UK will also be required.
This position requires a disclosure request from the DBS (Child Workforce). A conviction will not necessarily prevent you from being employed.
To find out more and to apply click here to follow the link.
Closing date for applications: 30 November 2022
Aug01HAM
Dealing with Boundaries When Working in a Private Home
Professional Boundaries
The quality of a support worker’s relationship with their client is very important. It is essential to create a warm, kind, homely and friendly environment. Sometimes, however, this closeness can blur professional boundaries and cause misunderstandings and difficulties for the support worker and the parents of the young people in their care.
Many of our clients are young children and parents and family are the first point of contact on a daily basis with the support worker. It is really important that both the support worker and the parents work together to understand their roles, their limits and the employer’s policies.
Professional boundaries are the rules and limits that prevent the lines between the support worker and the client from becoming blurred. These boundaries are there to help maintain a safe working environment.
It is important to set boundaries from the outset. Where parents are acting on behalf of the young person (the employer) they often assume the role of informal team leader, and therefore need to draw the line between what is appropriate and what is not. There is a fine balance between being a supportive employer and having a personal affiliation between both employees and family members. It can be difficult differentiating between being a worker and being a friend.
Managing Boundaries
The key to managing many of these boundaries is understanding the difference between a professional and a personal relationship and ensuring that behaviour always remains on the right side of the line.
Professional relationships are time bound. Employees have a distinct role and purpose with some structure. The professional has a responsibility for the welfare of their client, and those family around them, and there are rules and boundaries that guide the relationship such as their contract, job description and care plans.
Support workers are paid workers and not friends, although friendships can blossom, but when dealing with work issues, friendships need to take second place. Relationships need to be professional not personal.
Once a relationship has been allowed to stray into personal areas, it is much harder to maintain other professional boundaries. When a parent, on behalf of the employer, then does behave in a professional manner, employees may be surprised, unhappy and resentful as they could have been expecting a personal response.
Examples of Boundaries
It can be a tricky balance to know how much personal information to share with an employee. It is acceptable to talk generally about family and personal life if it helps to build a relationship with the support worker and vice versa.
Here is a non-exhaustive list of potential issues that can cross boundaries:
Communication
It is challenging to find where that boundary should be, especially where the line may already have been breached. But, with open communication about how parents want boundaries to work in the family home, and with support from deputy’s offices, case managers, and HR advisers, the right professional boundaries can promote much healthier relationships that are respectful, safe and meaningful.
If you would like to discuss this subject further, please contact Cecily Lalloo at Embrace HR Limited.
T: 01296 761288 or contact us here. If you would like to receive our newsletter, please sign up here.
Based in Aylesbury, Buckinghamshire, Embrace HR Limited provide a specialised HR service to the care sector, and small businesses, from recruitment through to exit.