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Rights of pregnant staff

The rights of pregnant staff are outlined below:

  • To retain all contractual rights, with the exception of remuneration, during both paid and unpaid maternity leave
  • Not to be unfairly dismissed or suffer detriment because of reasons related to pregnancy or maternity
  • To return to their substantive post, providing that post remains within the Trust structure, after absence due to the baby’s birth and maternity leave. Where the post does not remain, consultation will take place with the individual in accordance with the transitional organisational and workforce change procedure in relation to suitable alternative posts
  • To have arrangements made to keep in contact during the leave period
  • To have optional mutually agreeable keep in touch (KIT) days for up to ten days without losing their rights to maternity pay
  • To receive additional maternity leave, up to a total of 52 weeks absence, regardless of the length of service
  • Staff on Agenda for Change contracts will progress through their pay step unless a pay step review meeting has taken place prior to the start of leave which confirmed that the required standards for pay progression would not be met. If a pay step review cannot be conducted prior to the pay step date the pay step point should be automatically applied in the individual’s absence
  • To request to return to work on different hours following maternity leave, this can be applied for via the flexible working policy
  • Staff cannot undertake any work including bank work whilst on maternity leave (paid and unpaid period) as this will end the maternity leave and pay period. The only exception to this is where the member of staff is on a KIT day (see section the maternity leave procedure)
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