Parental Leave and Pay

This policy was adopted by the Board on 13 December 2023 and reviewed and updated by the Head of Finance & Operations in November 2023. It is part of a series of Staff Policies.

1. Eligibility

All pregnant employees are entitled to take 52 weeks' statutory maternity leave around the birth of their child regardless of the number of hours worked per week.

2. Antenatal care

Any pregnant employee has the right to paid time off to attend antenatal care. Wikimedia UK may ask that you provide evidence of appointments.

3. Maternity Leave Entitlement

• 3.1 All employees are entitled to 26 weeks’ ordinary maternity leave followed by 26 weeks’ additional maternity leave, giving a total of 52 weeks’ continuous leave, ‘the maternity leave period’.
• 3.2 Maternity leave shall commence no earlier than 11 weeks before the EWC, or from the day following childbirth if that is earlier.
• 3.3 Wikimedia UK will write to the employee confirming the last day of their maternity leave and the expected date of their return.

4. Compulsory maternity leave

An employee must take a minimum of two (2) weeks' leave after the birth of her child.

5. Keeping in Touch (KIT) Days

• 5.1 During the maternity leave period Wikimedia UK will maintain reasonable contact with you and it is hoped that you will keep contact with us.
• 5.2 Up to ten KIT days can be worked, by mutual agreement, during the maternity leave period without affecting your Statutory Maternity Pay (SMP) or maternity leave. These will be agreed, as far as possible, before the commencement of your maternity leave and will be paid at your normal rate of pay.
• 5.3 You will not be paid SMP for any work done in any week if you have already worked 10 KIT days during your SMP period,

6. Maternity Pay

A pregnant employee qualifies for statutory maternity pay (SMP) provided she:

• has at least 26 weeks' continuous service with Wikimedia UK at the 15th week before the expected week of childbirth (the "qualifying week")
• continues to be employed by Wikimedia UK until 11 weeks before the expected week of childbirth
• she produces a MATB1 form from her registered doctor or midwife to confirm that she is pregnant and
• her average weekly earnings are at or above the lower earnings limit for National Insurance Contributions

7. Occupational Maternity pay rates

• a. Six weeks on full pay inclusive of any Statutory Maternity Pay (SMP).
• b. Six weeks on half pay inclusive of any Statutory Maternity Pay (SMP) provided that SMP is less than the employee’s normal rate of half pay.
• c. A further 27 weeks’ SMP.

Note: SMP is paid for 39 weeks.

8. Maternity Allowance

Employees who have less than 26 weeks’ continuous service with Wikimedia UK at the beginning of the 11th week before the EWC or who earn less than the lower earnings limit for National Insurance Contributions may be entitled to Maternity Allowance.

9. Right to Return To Work

• 9.1 An employee has the right to return to her job in which she was employed under her original contract of employment and on terms and conditions not less favourable than those which would have been applicable to her if she had not been absent.
• 9.2 A request to return on a part time basis will be viewed sympathetically subject to the requirements of the post and of Wikimedia UK.
• 9.3 An employee shall normally return from her maternity leave on the date advised to her before her leave commenced.
• 9.4 Should the employee wish to return earlier than previously agreed, she shall notify the Chief Executive at least 21 days before the day on which she proposes to return if this is before the end of the maternity leave period.
• 9.5 Where the notice given is less than 21 days, Wikimedia UK may postpone the return to ensure 21 days’ notice, but not beyond the end of the maternity leave period.

10. Terms and conditions during maternity leave

Except for the terms relating to wages or salary, the terms and conditions (contract) of employment which would have applied to you had you been at work continue throughout both ordinary maternity leave (OML) and additional maternity leave (AML) unless either Wikimedia UK or you expressly ends the contract or it expires.

Note

Childbirth means the live birth of a child, or a still birth after a pregnancy lasting at least 24 weeks.

Adoption Leave & Statutory Adoption Pay

11. Eligibility

You are entitled to paid adoption leave if you have

• 11.1 been matched with a child by a UK adoption agency
• 11.2 notified the agency that you agree that the child should be placed with you and have agreed the date of placement
• 11.3 been continuously employed by Wikimedia UK for at least 26 weeks into the week in which you were notified of having been matched with the child (the "matching week")
• 11.4 notifed Wikimedia UK that you wish to take statutory adoption leave (SAL) no more than 7 days after you were notified that you have been matched with a child.

12. Adoption leave

• 12.1 If you are eligible for adoption leave (AL) you can take up to one year’s (52 weeks) AL. This is made up of 26 weeks’ ordinary adoption leave (OAL) and 26 weeks’ additional adoption leave (AAL). Additional adoption leave must follow immediately after ordinary adoption leave with no intervening gap.

13. Statutory Adoption Pay (SAP)

• 13.1 You must give at least 28 days’ notice of when you would like SAP to start or as soon as is reasonably practicable.
• 13.2 Subject to qualifying conditions, you will be paid 90% of your normal pay or SAP, whichever is the lower, for up to 39 weeks.

14. Keeping in Touch (KIT) days

• 14.1 During the adoption leave period Wikimedia UK will maintain reasonable contact with you and it is hoped that you will keep contact with Wikimedia UK.
• 14.2 Up to ten KIT days can be worked, by mutual agreement, during the adoption leave period without affecting your SAP or adoption leave. These will be agreed, as far as possible, before the commencement of AL and will be paid at your normal rate of pay.

15. Return to work

• 15.1 If you return during or at the end of the ordinary adoption leave period, you are entitled to return to the same job, on the terms and conditions as if you have not been absent on adoption leave.
• 15.2 If you return to work during or after additional adoption leave you are entitled to return to the same job unless it is not reasonably practicable. In this situation you will be offered a similar job that is suitable on terms and conditions that are no less favourable than your original job.
• 15.3 Should you wish to return to work before the previously agreed end of your adoption leave, you are required to give Wikimedia UK at least eight weeks’ notice of the date that you intend to return to work. It is at Wikimedia UK’s discretion to accept a reduced period.
• 15.4 Terms and conditions during adoption leave

Except for the terms relating to wages or salary, the terms and conditions (contract) of employment which would have applied to you had you been at work continue throughout both ordinary adoption leave (OAL) and additional adoption leave (AAL) unless either Wikimedia UK or you expressly ends the contract or it expires.

Notes:

Joint and individual adoptions

Where a couple are adopting jointly, you can choose who will take statutory adoption leave and pay and who (regardless of gender) will take statutory paternity leave and pay (SPL&P).

If you are adopting as an individual, only you are eligible for SAP - although your partner (regardless of gender) may be eligible for SPL&P

Overseas Adoptions

Please seek advice from the Chief Executive.

Paternity Leave and Pay

1. For a birth

To qualify for paternity leave and pay for a birth, you must be

• • the biological father of the child or the mother’s husband or partner and
  • must have or expect to have responsibility for the child’s upbringing, and
  • have at least 26 weeks’ continuous service with Wikimedia UK leading into the 15th week before your baby is due and
  • continue to be employed by Wikimedia UK until the birth of your child and
  • have notified Wikimedia UK at least 28 days before you wish your Statutory Paternity Pay (SPP) to start.
• a. If you satisfy the above criteria, you are entitled up to two (2) consecutive weeks of paternity leave. Subject to agreement with your manager, Wikimedia UK may permit the taking of this leave in other ways e.g. as single days or separate weeks.
• b. Subject to qualifying pay criteria you will be paid 90% of your average weekly earnings or statutory paternity pay (SPP), whichever is lower.
• c. Paternity leave must normally be taken within 56 days of the birth of the child.

2. For a UK adoption

To qualify for paternity leave and pay for a UK adoption, you must

• be the partner of an individual who adopts a child or
• be the member of a couple adopting who is not taking adoption leave, and
• have at least 26 weeks’ continuous service with Wikimedia UK leading into the week in which the adopter is notified of being matched with a child and
• continue to be employed by Wikimedia UK up to the date of placement of the child for adoption.
• be taking time off to support the adopter and/or to care for the child. You cannot take paternity leave for any other purpose and
• have notified Wikimedia UK no more than 7 days after the adopter has notified you that you have been matched with a child.

3. For an overseas adoption

Please seek advice from the Chief Executive.