Maternity/Paternity
Being in a Specialty Post: Maternity/Paternity
KSS deanery SWT provides full guidance on maternity. Each LEP will also have a maternity policy which trainers and trainees must refer to in conjunction with this guide.
The Educational Supervisor of the trainee at the point at which the trainee goes on maternity leave remains the line manager until their return. The terms and conditions around leave are subject to regular changes, and the Educational Supervisor is advised regularly to consult the NHS Employers’ website for up to date information.
It is also helpful to download the NHS junior doctors’ terms & conditions of service document and refer to page 78 on ‘Maternity Leave & Pay’
The following areas will be covered within these policies and educational supervisors should seek advice from trust HR personnel:
a) time off with pay to receive antenatal care;
b) advice as to when occupational health may need to be consulted;
c) risk assessments - to ensure safety of the trainee and that of the baby. A risk assessor should perform a risk assessment in consultation with occupational health. A risk assessment must also be performed if the trainee is still breastfeeding on their return to work;
d) keeping in touch days (KIT).
There are a number of instances where trainees rotate to other hospitals whilst they are pregnant, and/or will be required to on their return from maternity leave. Traditionally, the arrangements in KSS Deanery have been:
a) pregnant trainee - but not yet on maternity leave, rotates in accordance with the training programme - new LEP supports maternity leave etc, but cannot claim back the SMP - swings and roundabouts apply;
b) pregnant trainee - goes off on maternity leave before rotation date - contract is extended by the employer - probably can claim back SMP - depending on whether the trainee has worked for the 26 week qualifying period.
Maternity Leave will usually cross changes in rotations and sometimes ARCP dates, so to ensure that a trainee’s progress can be monitored and appropriate advice given we would suggest that the TPD / College Tutor /Educational Supervisor ensure the following:
a) Agree & confirm the rotation of the trainee; that is what site and rotation (where applicable) the trainee will return to and confirm this information with the maternity leaver before she goes on maternity leave.
b) That the Maternity Leaver completes a MSF before she leaves for maternity leave (if applicable for her trainee grade) and that the Educational Supervisor compiles a MSF Summary and makes sure the maternity leaver, MWPO, TPD and CT receive a copy.
c) That the maternity leaver signs a completed structured report before she leaves for maternity leave and that the Educational Supervisor makes sure the maternity leaver, MWPO, TPD and CT receive a copy.
d) If the trainee is returning to a different site and an ARCP has not occurred during the trainee’s maternity leave, the new Educational Supervisor needs to ensure that an up to date structured report is completed in time for the next ARCP review including the latest training she has received on return to work and ensure that any outstanding WBA’s and competencies are highlighted so that the trainee can complete her training to the best of her ability.
e) The current Educational Supervisor should ensure that the trainee’s documentation is complete prior to her maternity leave commencing. Trainees will not be required to attend an annual ARCP panel should this occur whilst they are on maternity leave but will have their documentation reviewed at this time on the basis of the evidence submitted. The panel will take into account any period of maternity leave as a mitigating factor during which time the training time with respect to progress is suspended.
LEPs will need to consider back filling posts which are vacant due to maternity leave with either locally appointed trainees (LAT) or, if appropriate, locally appointed for service (LAS). Medical HR departments at KSS deanery hospital trusts need to agree arrangements with the appropriate specialty at KSS Deanery before proceeding with any locum appointments which are required to cover core & specialty maternity/paternity leave or adoption.
Paternity Leave - the trainee must notify his Line Manager of his intention to take leave by the 15th week before the baby is expected or expected date of placement of a child (unless this is not reasonably practicable). The trainee must complete the LEP’s (Maternity Support (Paternity) leave application form if applicable and return it to pay services. The form should be authorised by his Educational Supervisor and the trainee should advise the Educational Supervisor and pay services of:
a) the date the baby is due;
b) whether the paternity leaver wishes to take one or two week’s leave;
c) when he wants leave to start.
If a trainee takes any leave which is more than two weeks his training may need to be extended by the relevant time period and this needs to be approved by the Postgraduate Dean. The Educational Supervisor will need to liaise with the TPD to discuss the trainee’s progress. The trainee must:
a) provide the LEP HR department with a copy of the mother’s MATB1 certificate or matching certificate as appropriate;
b) ensure that he informs the Specialty Medical Workforce Projects Officer at KSS Deanery at the start and end dates of his paternity leave.