How long can partners claim reimbursement for maternity leave? Is it six or 12 months?
Some ICBs currently interpret maternity leave reimbursement as being capped at 26 weeks. However, the Statement of Financial Entitlements (SFE) does not impose such a limit. Learn why full 12-month reimbursement is contractually justified, and how practices can challenge incorrect ICB interpretations.
A pregnant partner recently asked me what reimbursement would be available from the ICB in respect of her maternity leave. I told her that ICBs often say that they will reimburse for only 26 weeks, but there is actually no such limit specified in the Statement of Financial Entitlements (SFE). In my view they should, therefore, be paying reimbursement for the whole period of maternity leave - ie for the whole 12 months.
My client checked with the ICB. "No," they shot back, "the solicitor is wrong, the National NHS guidelines are clear… the cost after 26 weeks is totally for the practice to cover." The ICB sent some NHSE guidance (dated from 2017) to support their position.
But it is actually the ICB that is wrong here. Their document may say something different to the SFE - but the SFE trumps their internal guidance. The SFE has contractual force between the ICB and the practice. It sets out what practices are contractually entitled to claim - and the SFE contains no limit.
One might argue that there is no limit on the amount of time you can claim for paternity leave or shared parental leave either. One might object that on that basis, if a partnership agreement allows a partner 12 months of paternity leave then the ICB would have to reimburse for that long. Both those points are true. However that doesn't change the conclusion that that is what the SFE says, and the ICB is bound by it unless and until it is changed.
The BMA agrees, and states on its website that "Whilst NHS England’s policy protocol sets out that the practice will receive the stated reimbursements for weeks 1 to 26, we would expect payments to be in line with the length of maternity leave."
So don’t take the ICB's word for it. If your ICB is seeking to limit reimbursement for maternity leave, I would recommend challenging them - and if you are still unsuccessful, please get in touch as we may be able to help you challenge the position and unlock the additional reimbursement. The BMA or your local LMC may also be willing to help.
For more information, please contact Oliver Pool or Rachel Crean in our Healthcare team.