Pregnancy / Child(ren) and the Service
General Information
Introduction:
This information just sets out general provisions. Full details of the Armed Forces’ maternity policy, including advice on particular circumstances that may arise, are set out in DIN 2007DIN02-005 (published in Jan 2007) and JSP 760, which deals with leave and absence. Commanding Officers and line managers may use this information to provide initial advice to pregnant Servicewomen, and as a checklist, but should invariably refer them to personnel management staffs as soon as practicable.
I'm pregnant - what do I need to do?
If you think you are pregnant you should arrange an appointment with your medical officer to have this confirmed. Once your pregnancy is confirmed you will be medically regraded to reflect this. The regrading is primarily for health and safety reasons to protect both you and your unborn child. It is particularly important to have your pregnancy confirmed if you are due to be deployed because, as soon as it is confirmed you are pregnant, you will be excused operational duty.
During your pregnancy, subject to medical advice, you will be excused weapon firing and some other duties, such as night duty. Unless you notify your Commanding Officer as soon as possible that you are pregnant, the Service will be unable to conduct a risk assessment of your work environment and you and your unborn child may be exposed to stressful or potentially harmful situations. You can also discuss with him or her what options are open to you, including maternity leave and pay, posting/reassignment issues, and, if you so choose, your right to leave the Service on the grounds of pregnancy before your notice period is due to end.
Notifying Your Commanding Officer
Whatever you decide to do, you must formally notify your Commanding Officer of your pregnancy in writing no later than the 15th week before your expected week of childbirth (unless this is not reasonably practicable). This is normally done by way of a MAT B1 Form, which will be issued by your doctor or midwife on or after the 20th week of pregnancy. The form will confirm your pregnancy and give the expected date of childbirth. This is the date that you will use to work out the dates of your maternity leave. You need to give your line manager a copy of the MAT B1, together with the relevant Maternity Notice Form stating what your intentions are (contained in the maternity DIN or JSP 760). He or she will then pass the paperwork to the appropriate personnel management authority, copied to the JPAC by your unit’s HR organization.
What choices do I have?
You can:
Option A Return to work after maternity leave. Your Maternity Leave may be just a period of Ordinary Maternity Leave; or Ordinary Maternity Leave and Additional Maternity Leave. (It is also possible to take Parental Leave following Ordinary Maternity Leave and/or Additional Maternity Leave). To choose this option you should complete the Maternity Notice Form which can be found at Annex A to the current DIN or in JSP 760.
Option B Use a special right to leave the Service prematurely on the grounds of pregnancy. Before deciding to leave, you must seek advice from the appropriate personnel management authority, as leaving the Service early might affect your entitlement to, or the amount of, higher Statutory Maternity Pay you might receive. You may opt to leave at any time after confirmation of pregnancy is issued, but should normally give sufficient notice to allow discharge procedures to be completed, noting that to be entitled to SMP you must have completed a minimum of 26 weeks’ service as at the 15th week before the week in which the baby is due. (Known as the “Qualifying Week”) You may opt to leave under these special terms at any time up to your return to work after maternity leave. You do not automatically have the right to withdraw this notice if you change your mind, although you can request to do so; the normal Service rules will apply.
What maternity benefits am I entitled to?
All pregnant Servicewomen (regardless of length of service) are entitled to 26 weeks’ Ordinary Maternity Leave and 26 weeks’ Additional Maternity Leave. Entitlement to the additional benefits offered by the Armed Forces’ Occupational Maternity Scheme (AFOMS) depends on how long you have been in the Armed Forces and whether you will be returning to work after the birth of your child. The following table summarises entitlement to Maternity Leave and Pay, but you should also refer to the current Maternity DIN or JSP 760 for a full explanation of what is available.
| Length of Service needed to qualify for benefits | Benefits Available |
| All pregnant Servicewomen | 26 weeks’ Ordinary Maternity Leave and 26 weeks’ Additional Maternity Leave. The first two weeks immediately after the birth of the child is compulsory maternity leave and you must not work during this time. |
If you have:
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26 weeks’ Ordinary Maternity Leave and 26 weeks’ Additional Maternity Leave. You will not be entitled to enhanced pay under the AFOMS, nor will you be entitled to Statutory Maternity Pay. However, depending on your circumstances you may be entitled to other State benefits and you should seek advice from your local Jobcentre Plus or social security office. |
If you have:
|
26 weeks’ Ordinary Maternity Leave and 26 weeks’ Additional Maternity Leave. During Ordinary Maternity Leave you will not be entitled to enhanced maternity pay under the AFOMS but you may be eligible for SMP. SMP is payable during the 26 weeks of Ordinary Maternity Leave and the first 13 weeks of Additional Maternity Leave. (The remaining 13 weeks of AML are unpaid). |
If you have:
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26 weeks’ Ordinary Maternity Leave plus 26 weeks’ Additional Maternity Leave. During the 26 weeks of Ordinary Maternity Leave you will be entitled to full pay under AFOMS (which will include any SMP, but is not paid in addition to it) and for the first 13 weeks of Additional Maternity Leave you will receive the standard rate of SMP. The remaining 13 weeks of Additional Maternity Leave will be unpaid. |
If you have:
|
26 weeks’ Ordinary Maternity Leave plus 26 weeks’ Additional Maternity Leave. During the 26 weeks of Ordinary Maternity Leave and the first 13 weeks of Additional Maternity Leave you will be entitled to receive the standard rate of Statutory Maternity Pay. The remaining 13 weeks of Additional Maternity Leave will be unpaid. |
What happens next?
Your Commanding Officer/line manager/delegated officer will countersign your maternity form and return a copy to you within 28 days of receipt, together with a letter of acknowledgement confirming your maternity leave and maternity pay entitlements.
What if my plans change?
You can change your plans after you have submitted your Maternity Notice Form, but you must give 56 days’ notice of the change. If you have exercised your right to leave the Service on the grounds of pregnancy, you do not automatically have the right to withdraw your notice of leaving the Service, although you can request to do so. Once you return to duty, the normal rules for leaving the Service apply.
Who else needs to know?
Once you have told your manager and personnel management authority they will ensure that you are given appropriate support. Immediate colleagues may need to know about your pregnancy if certain adjustments to your workplace are needed to help you.
What should I wear whilst pregnant?
As soon as your pregnancy has been confirmed you should order a maternity uniform. You should begin to wear it when it is no longer comfortable to wear standard uniform.
General Health and Safety
Under Health and Safety provisions, your line manager must arrange for a risk assessment of your workplace when you become an expectant mother and when you return to work after Maternity Leave. Guidance for line managers is contained in Leaflet 36 to JSP 375, the MoD Health and Safety Handbook. You should speak to your line manager if you are concerned that your work or work environment might cause risk to you and/or your unborn child. If you wish to express milk you should seek advice about the facilities in your workplace and speak to your local medical staff for assistance.
Time off for pre-natal appointments/classes
You are entitled to paid time off work to attend prenatal appointments and classes. This may include attendance at relaxation and parent-craft classes, as well as medical examinations. After the first appointment you should be given an appointment card, which you should show to your line manager.
When can I start maternity leave?
You can choose to start your Ordinary Maternity Leave at any time from the 11th week before your expected week of childbirth. However, as a concession to the often arduous conditions of Service life, you may also take unpaid prenatal leave between the 14th and 11th week prior to your expected week of childbirth. If your baby is born before you have started your maternity leave, your leave will start on the date your baby is born and your return date will be re-calculated.
Compulsory Maternity Leave
It is a legal requirement that you do not work for at least 2 weeks from the date of giving birth. This is to safeguard your health and is not negotiable. The two weeks’ compulsory maternity leave counts as part of your ordinary maternity leave.
What if I have a pregnancy-related illness before I go on maternity leave?
Your maternity leave will start automatically if you are absent from work for a pregnancy-related illness during the 4 weeks before the start of your expected week of childbirth, regardless of when you actually wanted your maternity leave to start. Your maternity pay will start automatically from the day following the first day you are absent from service. Again, your maternity leave dates will be re-calculated.
What if I am sick during pregnancy?
The normal rules for sick leave apply. You should notify your line manager on the first day of your absence and certify your sick leave in the same way as normal. If you become ill after you have given birth sickness absence cannot commence until Ordinary Maternity Leave and Additional Maternity Leave have finished.
What happens with my annual leave?
Annual leave and public holidays may be taken in accordance with Service regulations. If annual leave is requested prior to taking OML and is formally refused, it can be carried forward in accordance with Service regulations. Annual leave taken after Ordinary Maternity Leave and Additional Maternity Leave counts as a return to duty. Once you have returned to work you cannot re-start your maternity leave.
What is my status when I am on maternity leave?
You are entitled to any opportunities that would be available to you if you were not on maternity leave (such as promotion or advancement). Ordinary Maternity Leave and the first 13 weeks of Additional Maternity Leave (which is paid) are counted as reckonable service. When you return to duty after Ordinary Maternity Leave/Additional Maternity Leave the Services will try to meet your geographical and reassignment/posting preferences in accordance with normal Service arrangements.
Keeping in Touch Days
During your maternity leave you may return to duty for up to 10 days (known as “Keeping in Touch Days”) without bringing your maternity leave to an end. They may be taken to undertake training or to keep in touch with major developments, without losing the right to maternity pay. Keeping in Touch Days are optional and must be by agreement between you and your line management. Commanding Officers cannot demand that you undertake a Keeping in Touch Day, nor do you have the right to demand to take them. They may not be taken during the two weeks’ compulsory maternity leave which starts on the day you give birth and they do not extend your maternity leave period. A Keeping in Touch Day taken during Ordinary Maternity Leave or Additional Maternity Leave (including the 13 week unpaid period of AML) will be paid at your normal daily rate of pay and will be reckonable for pension purposes.
Will I be deployed on return to work?
If you return to work after a period of maternity leave you will not be deployed on operations or exercises overseas or in the UK for a period of six months following the birth of your child (unless you volunteer otherwise), although you will be liable for the full range of your remaining duties (taking account of any Health and Safety or medical grading restrictions). Single Service arrangements may permit further screening from deployment where this does not compromise operational capability. You should discuss this with your unit personnel management staffs in the first instance.
Once all periods of allowed deferment have finished you will become fully liable for the full range of duties including deployments at home and abroad.
What Happens if Both Parents Are Serving?
The Services will endeavour not to deploy both serving parents of dependant children at the same time, where this does not affect operational capability. Reference should be made to single Service arrangements on the deployment of parents.
You are responsible for making your own arrangements for the care of your children and for meeting the costs involved. You need to consider carefully how you will meet your Service commitments as well as the needs of your children. Assistance in obtaining details of OFSTED registered child minders and workplace crèches may be obtained from unit personnel management or welfare staffs, HIVE, SSAFA, etc.
Who do I turn to for advice?
If you have any doubts or concerns during your pregnancy contact your unit personnel management staffs in the first instance.
What other options are available to Service parents?
The Services recognise the importance of family life and there are a number of options available to help personnel achieve a better balance between work and home commitments.
These include:
- Paternity Leave
- Parental Leave
- Adoption Leave
- Time off for dependants
- Non-Standard Working Hours (that is starting and finishing the working day at different times from those considered to be the norm within a particular Service working environment)
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