Maternity - antenatal care

Are pregnant employees entitled to time off?

At present in Jersey, there is no statutory right to maternity leave, although the Social Security Minister has indicated that he will be bringing forward proposals in late 2011 or early 2012.

Many employers have introduced their own Maternity Leave policy and JACS is frequently asked to advise on what such a policy should comprise. As an example of good practice, employers may wish to consider introducing a policy in advance of legislation. 

Example of a typical Maternity Leave Policy

• the employee must have been employed on a permanent basis for at least one year, including a satisfactory probation period;
• employees on fixed term contracts must have at least one year remaining on the contract;
• the employee must notify the relevant manager in the Company at least three months in advance of the expected date of confinement and also state her intention to return to work for the same number of hours as she worked prior to taking maternity leave. Provision may be made for return on a part-time basis by agreement;
• a period of 18 weeks is allowed for maternity leave, which can be extended in exceptional circumstances at the discretion of the Company
• the employee can decide when to start maternity leave but is expected to take medical advice;
• the employee is paid 90% of normal pensionable pay for the first 12 weeks. (The employer may make some provisos e.g. that a proportion of that amount will be retained until the employee has returned to work for three months continuously and if the employee fails to complete three months, the retained money will not be paid and the employee may be required to pay back the money already paid to her);
• health and social security contributions will continue to be deducted while maternity payments are being made;
• the standard rate of Social Security Maternity Allowance will be offset against maternity payments regardless of whether the employee receives the allowance;
• the full period of maternity leave will count as pensionable service, provided that the employee is a member of the Company’s scheme and opts to continue her contributions as if her pay had not been interrupted. The employer will continue to pay its percentage of contributions in this case.
• the twelve weeks paid maternity leave will attract annual leave;
• expectant mothers will be given time off to attend ante-natal appointments, subject to certain provisos that the employer may consider are appropriate;
• where the employee is unable to return to her former post, every effort will made to appoint her to another post in the same grade.
• unpaid maternity leave can be extended on production of a medical certificate.

Where can you get more information?

JACS can advise on Maternity Policy

For advice on Social Security Maternity Allowance contact the Employment and Social Security Department on (01534) 280000.

For information relevant to the UK, please see PL958 "Maternity Rights" on the Department of Trade and Industry website www.dti.gov.uk/er/regs.htm