GP Training in the West Midlands
Useful information about maternity leave
Pregnancy during specialist training can be problematic and confusing for many trainees. Your training programme changes, your MRCGP assessments differ, CCT application is delayed, and you have to apply for maternity pay to support you and your family. Your employer can advise on your rights to maternity pay but you will need to refer to your contract or ask your BMA employment advisor. The Deanery can advise you on training and MRCGP assessment but only if you notify the deanery by completing aMaternity Leave Notification Form and send this to your Area Programme Director. For details of your area director see contacts.
The Deanery will agree with you your new training requirements and any additional training. The Deanery should be notified by the 15th week before your expected date of delivery or at least 4 weeks before you take maternity leave. This time allows us to ensure there are no issues with your certification and future employers. It is your responsibility to notify future employers on a rotation that you will not be rotating to that post, but the Deanery will advise on a new rotation in light of maternity leave.
Maternity Benefits available: a brief overview
If you become pregnant during your training and require maternity leave you could be entitled to Occupational Maternity Pay plus Statutory Maternity Pay or Maternity Allowance. Specific entitlements are subject to criteria being met and will differ slightly from person to person.
Whilst in a hospital post you will normally be employed by an NHS trust and this usually, though not always, makes maternity entitlements rather more straightforward. The situation is different if you are in a GP training practice. Whilst employed by a GP training practice GPRs are not employed by the NHS but employed by a contractor with the NHS. The training practices are asked to use the BMA GPR Model Contract and normally will mirror the NHS maternity regulations but these cannot be enforced. Trainees in General Practice can also refer to the GP Registrar Schedules published on www.nhsemployers.org
Statutory Maternity Pay (SMP)
You can get SMP for up to 39 weeks during maternity leave. To qualify you must have been employed by the same employer continuously for at least 26 weeks into the 15th week before the week the estimated date of delivery (EDD). The same employer is the same hospital trust or GP training practice. If you move hospital trust, or to a new training practice you will lose the right to SMP, but could still qualify for Maternity Allowance instead.
Maternity Allowance
To qualify for maternity allowance you must have been a registered self-employed person or have been employed (any employer) in at least 26 weeks out of the 66 week period running into the week before the EDD.
If you do not qualify for maternity allowance or SMP, you might still get other benefits including Child Trust Funds, Sure Start Maternity Grants, Child Benefit, Tax Credits and free prescriptions and dental treatment. Whether you qualify for these benefits will depend on your personal situation.
Occupational Maternity Pay
Your employer will pay “occupational maternity” pay for a number of months during maternity leave as indicated by your contract. Your income from any SMP and maternity allowance is deducted from any occupational maternity pay but as occupational maternity pay reduces over a number of months the income from SMP or MA will be more important. To qualify for occupational pay you must have been employed in the NHS continuously for 12 months AND you must reach the 11th week before EDD with that employer. General practice posts now qualify as NHS posts for the purposes of qualifying for occupational maternity pay but this may not apply after training as a salaried GP.
Keeping in touch
During your leave it is often helpful to keep in touch with your employer. Your employer is entitled to make reasonable contact with you during Statutory Maternity Leave. This might be to update you on any significant changes in the workplace, including any opportunities for promotion or job vacancies or to meet your educational supervisor. You can work up to ten days' during your Statutory Maternity Leave without losing your Statutory Maternity Pay, Maternity Allowance or ending your leave. These are called keeping in touch days - and may only be worked if both you and your employer agree. You cannot work during compulsory maternity leave which is the two weeks immediately after your child is born. Although particularly useful for things such as training or team events, keeping in touch days may be used for any form of work. They should make it easier for you to return to work after your leave. You will need to agree with your employer what work is to be done on keeping in touch days and how much pay you will receive.
Moving posts
If you are due to rotate to another post, whether you move or stay will depend upon how far your pregnancy is advanced, and ensures you will benefit from the correct employment & maternity terms. When pregnant, once you reach the 11th week prior to your estimated date of delivery (EDD), you should stay with your current employer and not rotate to your next training post until after you return from maternity leave. Your employer is obliged to extend your contract for maternity leave purposes, even if that is a hospital post.
Notification to your employer and the Deanery
In order to qualify for maternity leave you need to notify your current employer before you get to the 15th week before your estimated date of delivery (EDD) or give a minimum of 1 months notice before you intend to take maternity leave. Your employer can refuse to allow maternity leave if you do not give notice. You must also notify the Deanery by sending a Maternity Leave Notification Form and sending this to your Area Programme Director office. This will help us help you plan the timing of Work Based Assessments, ARCP and your Completion Dates to avoid problems on your return. In addition we need to confirm funding and post availability for your return. Your next employer to which you were going to rotate also needs at least 4 weeks notice that you will be on maternity leave. Not giving notice to your current or next employer could constitute a breach of GMC Good Medical Practice in terms of not taking up posts once accepted. This is your responsibility.
ARCP
Completing the Maternity Leave Notification Form will allow the Deanery to register that you will not be available for the ARCP which will still occur in your absence as this is set at 12 monthly intervals irrespective of leave. If you have not had an educational review in the 6 months before maternity leave then it is helpful to ask your educational supervisor to undertake a review prior to maternity leave and they can flag any issues to you and the Deanery. We also advise that you contact your educational supervisor on return from maternity leave to review learning needs and changes in regulations or curriculum that have occurred during your leave. An ARCP during maternity leave makes sure the Deanery does not forget you and some planning can be made for your return. You might be asked to see the panel if there are problems as one of your "keeping in touch days" if the ARCP will affect your future planning plans.
If your CCT date occurs during maternity leave DO NOT apply for a CCT until after maternity leave, or time application to within 6 weeks of returning. Your training contract ends with your CCT.
Frequently Asked Questions
I am moving into a GP Training practice and due to go on maternity leave the same week. Is this OK and will I get Statuary Maternity Pay?
Whoever is the employer at the 11th week before EDD is normally responsible for maternity leave in the NHS. Please notify the Deanery, your current and future employer by the 15th week or at least 4 weeks before the intended leave for advice. If in a hospital post at the 11th week before EDD then your hospital contract will need to be extended and you would not rotate to the next post.
I wish to take maternity leave, but I am about to complete my training, so do I lose the right to maternity pay because my training contract ends?
With the agreement of your training practice, we can extend your training contract for the period of maternity leave. In order to qualify for occupational maternity pay you must reach the week immediately before the 11th week before EDD before the end of the employment contract. You must notify the practice in writing 15 weeks before EDD of your intention to take maternity leave. You will not be able to return to the training practice if you have completed your training, and the contract finishes with the maternity leave.
I am 20 weeks pregnant at my CCT, can you extend my contract for maternity leave?
Your training contract as a GP trainee will not be extended as you do not reach the 11th week before EDD with your GP training practice. It is your responsibility to apply for NHS employment or decide to take a career break. Your rights to occupational maternity pay will be determined by the contract you sign. You will probably attract maternity allowance. You might wish to take advice from your BMA employment advisor.
Do I lose my maternity pay if I don’t return to work after maternity leave?
If you are at the end of your training, but still in training, you don’t have to return to work to retain your occupational maternity pay. You might wish to return and take accrued paid annual leave and end your contract with this annual leave. After gaining your CC as a GP you will lose the rights to occupational maternity pay if you do not return to NHS employment.
I will start maternity leave with 3 weeks remaining of my current hospital post. Will this placement count as completed and what post will I return back to?
In general the training counts if you have completed at least 3 months however the decision is more about achieving competence rather than simply completing time. Your clinical and educational supervisors will make a recommendation to the Annual Review Competency Panel. You WILL be required to make up the time lost for maternity leave, but less often asked to repeat the post. You are entitled to come back to a similar training post, on the same terms, although this may be different to the one you left.
With regards to annual leave whilst on maternity leave - how much am I entitled to and do I take this before returning? And will annual leave be as normal after this?
Annual leave will continue to accrue during maternity leave. Where the amount of accrued leave would exceed the normal carry over provision (normally five days), the employer and employee could agree to the annual leave being taken before and/or after the formal paid and unpaid maternity leave period. Alternatively, if could be carried over, but this is a matter for the employer/employee to agree, preferably in writing. Payment in lieu may be considered as an option where accual of annual leave exceeds the normal carry over provisions.
Do the bank holidays accrue during maternity leave an can these be taken in lieu?
No
Am I entitled occupational maternity pay (OHP)?
You are eligible for OMP if you have 12 months continuous NHS service at the start of the 11th week before confinement, and you are employed at this point.
Am I entitled to statutory maternity pay (SMP)?
To qualify for SMP, you must satisfy the continuous employment rule. You must have been employed by your employer for a continuous period of at least 26 weeks into the qualifying week (which is the 15th week before the week in which the baby is due). The 26 weeks must be with the same employer, so you do not qualify if you change PCT or move hospital trust. This period must include at least one day's employment in the qualifying week. If you are not eligible for SMP you may apply for Statutory Maternity Allowance through your local Jobcentre Plus.
Please see DWP website http://www.dwp.gov.uk/advisers/ni17a/
I am going on maternity leave in the last few weeks at the end of my GP training. What do I do about applying for a certificate and my final ARCP?
Those going on maternity leave are required to notify their Area Programme Director (or ARCP panel chair) 15 weeks before their Estimated Date of Delivery by completing a Maternity Leave Notification Form. If you have not had an educational review in the 6 months before maternity leave then it is helpful to ask your educational supervisor to undertake a review prior to maternity leave and flag any issues to you and the Deanery. We also advise that you contact your educational supervisor on return from maternity leave to review learning needs and changes in regulations or curriculum that have occurred during your leave.
If the trainee is on a long term career break then a yearly request should be sent to the panel and an ARCP form should be completed to keep in touch and indicate the intended date of return.
If your CCT date occurs during maternity leave DO NOT apply for a CCT because once you have a CCT you cannot be paid as a GP Registrar and could lose maternity pay. You should agree a new CCT date after you return from maternity leave and any accrued leave. Your application for CCT will take 6 weeks to process, so you can apply in the final weeks of maternity leave.
Can I use my accrued annual leave to count towards the three years experience required for a CCT?
No. Annual leave accrued whilst on maternity leave will not count towards the three years of clinical experience required to apply for a CCT. This accrued leave should be counted as part of your maternity leave out-of-programme time on the e-portfolio so it is clear when the evidence of your clinical experience is reviewed by the RCGP.
I did not take all my accrued leave on return as I started a new job, can I be paid in lieu?
No. You either forfeit the leave or your agree to return earlier from maternity leave in order to take the leave on return (with a slight adjustment to the accrued leave calculation).
Do GP trainers get a trainers grant for their trainee during maternity leave?
No, training is suspended, but if you undertake an Educational Review whilst someone was on Maternity Leave (with their agreement) and not in receipt of a grant it is possibly to claim a payment for the review but first please check with the Deanery or the claim will be declined.
Further information:
Practice managers, PCTs and medical staffing personnel are advise to contact NHS employers for advice on your specific queries doctorsandentists@nhsemployers.org
Trainees should contact the BMA employment advisor or refer to:
http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/DG_10029290
Updated August 2013