This Policy is only applicable to UCL staff seconded to Nazarbayev University, Astana, Kazakhstan
1 Purpose and Scope of the Policy
This policy applies to all UCL employees seconded to the SoE or the CPS.
1.2. Aim of the document
The aim of this document is to set out UCL's policy for maternity/adoption leave and pay in order to ensure consistency of approach in line with employment legislation and UCL's commitment to good employment practice.
1.3. Criteria for Entitlement
This policy relates to all categories of staff. There is no qualifying length of service requirement for maternity pay.
2.1. All female employees are entitled to 70 calendar days' ante-natal maternity leave and 56 calendar day's post-natal occupational maternity leave on full pay, a total of 126 days including the day of the birth. If the birth is later than the expected date of birth used to determine the commencement of maternity leave, the post-natal maternity leave will be reduced so as to limit the total maternity leave to 126 calendar days. If two or more children are born or in the event of a complicated delivery, certified as such by the doctor, post-natal occupational maternity leave will increase to 70 calendar days.
2.2 In addition to the periods of maternity leave detailed above, employees (mother or father) are entitled to unpaid maternity leave until the child is 3 years of age.
An employee is required to apply to their manager by the end of the 15th week before the Expected Week of Childbirth or adoption (or, if that is not possible, as soon as is reasonably practicable) of their pregnancy, maternity/adoption leave. The application must be in writing and provide their expected start date of maternity/adoption leave and medical certification of their pregnancy or official proof of adoption. The manager will then notify the Human Resources Division, forwarding the documentation.
Within four weeks of the first notification of the pregnancy, the Human Resources Division will write to the employee to confirm the maximum amount of maternity leave, the pay she is entitled to and the date by which she is expected to return to work.
4 Rights during Maternity Leave
4.1 Continuity of Employment
Employees are entitled to return to work to the same job as prior to their absence. Where an employee exercises her right of return to work, the whole of her absence shall be regarded as part of her period of continuous employment with UCL for the calculation of superannuation, seniority benefits, accrual of annual leave and of entitlement to statutory rights.
For details of how your maternity leave affects your pension, please contact Payroll and Pension Services. Details of the contact person for your department are available on the Human Resources staff contacts page.
4.3 Salary Deductions
Where a member of staff has authorized salary deductions e.g. Trade Union membership, Additional Voluntary Contributions, these payments will continue to be deducted during paid maternity leave. If you wish to cancel any subscriptions whilst on maternity leave, please contact your manager.
4.4 Annual Leave
Annual leave is accrued throughout the whole period of maternity leave. Any annual leave accrued during the current leave year may be used in lieu of any equivalent amount of unpaid maternity leave or taken in addition. Once an employee commences annual leave they will be deemed to have returned to work, therefore leave taken during the unpaid maternity period should be immediately preceding the return to work. An employee should exhaust her entitlement to annual leave, including accrued leave, by the end of the leave year after her return to work.
4.5 Granting of Maternity Leave
There shall be no distinction between live and stillbirths in the granting of maternity leave providing the pregnancy lasts for at least 22 weeks.
5 Commencement of Maternity Leave
Maternity leave and pay can commence on any day from the start of the 10th week before the Expected Week of Childbirth.
6.1 Compulsory Period of Maternity Leave
The legal minimum maternity leave which employees are required to take is the entitlement set out in paragraph 2.1.
6.2 Antenatal Care
Employees are entitled to take paid time off during working hours for antenatal care.
6.3 Risk Assessment
The Human Resources Division will give a risk assessment form to every employee once they have been informed of their pregnancy. If it is found that the employee is carrying out work that may endanger her pregnancy, arrangements will be made to protect both the mother and the unborn child. This may involve Occupational Health and the Chief Operating Officer of the SoE or the Head of the CPS.
7.1 Maternity Pay
Maternity pay commences simultaneously with the beginning of the maternity leave period and is paid monthly in arrears (in the same way salary is paid). Pay slips will be sent to the employee's home address.
7.2 End of Employment
For employees who choose not to return to work the appointment will terminate on the last day of paid maternity leave. This is treated as a resignation.
UCL will pay the relevant maternity entitlement to those eligible, but for those whose employment ends during the period of maternity leave their contract will be extended to the end of their maternity leave entitlement. UCL will, on her written request, extend the contract of a woman whose contract ends after she will be 12 weeks' pregnant, to the end of childcare leave when the child reaches the age of three years or to the end of the contract between UCL and NUA if this is earlier.
UCL may not terminate a contract of employment during maternity leave, or contracts of women with children under the age of three years, single mothers bringing up a child under the age of fourteen years (a disabled child under the age of 18 years), and others raising children without mothers except as provided for by subclauses 1, 3 and 18 of clause 1 of Article 54 of the Labour Code of the Republic of Kazakhstan of 15 May 2007 No. 251.
8. Managing Maternity Cover
In the event that full cover of the duties of the person on maternity/paternity leave is not required, e.g. an individual's teaching can be reassigned to other persons, the manager may, in consultation with the staff affected, propose some fixed term re-organisation of duties within the team. Any proposed changes to an individual's duties should be discussed and agreed with them in advance and workloads should be assessed to ensure that they can be achieved within the working hours of those concerned.
9. Related Guidelines and Policies
Details of UCL's paternity/partner leave, parental leave, surrogacy, adoption and
fostering are contained within the Policy on Leave for Domestic and Personal Reasons.
HR Policy and Planning