MATERNITY, ADOPTION AND PATERNITY POLICY

Transcription

1 MATERNITY, ADOPTION AND PATERNITY POLICY Document Owner Helen Edmondson Document Author Anne Ephgrave Hayley Byrne Version 1 Directorate Human Resources Authorised By (Approval body/manager) Helen Edmondson Date of Approval March 2013 Date of Review March 2014 Change History Version Date Name Revision Description 1.0 September 2013 Julie Andrews Quality Assurance Approved: This is an East and North Hertfordshire Clinical Commissioning Group (ENHCCG) Policy but will be implemented and used in conjunction with other CCG policies. Page 1 of 26

2 Contents Executive Summary 3 1. Introduction 4 2. General principles 4 3. Equality Statement 5 4. Maternity Leave and Pay Occupational Maternity Pay Statutory Maternity Pay Maternity Allowance Salary sacrifice Child Care Vouchers 7 5. Applying for Maternity Leave and Pay 7 6. Commencement of Maternity Leave 8 7. Premature Birth 8 8. Miscarriage and Still Birth 9 9. Health and Safety of Employees Pre and Post Birth Return to Work Following Maternity Leave Fixed Term Contracts Rotational/ Training Contracts Antenatal Care Breastfeeding IVF Treatment Adoption Leave and Pay Paternity Leave and Pay 17.1 Ordinary Paternity Leave and Pay 17.2 Additional Paternity Leave and Pay 17.3 Applying for Paternity Leave 18. Arrangements Common to Maternity, Adoption and Paternity Leave 18.1 Keeping in Touch (KIT) Days 18.2 Terms and Conditions of Service 18.3 Annual Leave Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Appendix 6 Appendix 7 Appendix Pension Rights Continuous Service Further Information Sources: Maternity Rights/Statutory Maternity Pay Hazards for the Pregnant Employee Maternity Leave Application Form Maternity Leave Application Process Risk Assessment Form for Pregnant Workers Equality Impact Assessment Stage 1 Screening Privacy Impact Assessment Stage 1 Screening Page Page 2 of 26

3 Executive Summary A review of the previous Maternity leave guidelines has taken place in order to keep pace with present legislation and produce a comprehensive policy that is fair to staff and consistent with policies aimed at staff working for East and North Hertfordshire Clinical Commissioning Group (hereafter referred to as the CCG). The Policy now incorporates Adoption Leave and Paternity Leave to provide for the rights and entitlements for all prospective parents of either gender to be brought together in one document. The revised policy document aims for an improved format and greater clarity. It takes into account present legislation and provides a coherent approach to maternity, adoption and paternity leave across the CCG The CCG s policy is to comply with both the letter and spirit of the law on Maternity, Adoption and Paternity Leave rights. The aims of the Policy are threefold: - To increase employee s awareness of the relevant legislation, inform them of their statutory and contractual entitlements, and explain their responsibilities. - To maintain the health and safety of new and expectant mothers. - To ensure that every employee receives fair and consistent treatment and is not discriminated against in any way. The provisions in this policy relating to maternity, adoption and paternity leave and pay are in line with the Work and Families Act 2006, the Paternity and Adoption Leave (Amendment) Regulations 2006, the Maternity and Parental Leave (Amendment) regulations 2008 and Additional Paternity Leave Regulations Page 3 of 26

4 1. INTRODUCTION 1.1 The CCG is committed to being an organisation within which diversity, equality and human rights are valued. We will not discriminate either directly or indirectly and will not tolerate harassment or victimisation in relation to gender, marital status (including civil partnership), gender reassignment, disability, race, age, sexual orientation, religion or belief, trade union membership, status as a fixed-term or part-time worker, socio - economic status and pregnancy or maternity. 1.2 The CCG works to a framework for handling personal information in a confidential and secure manner to meet ethical and quality standards. This enables National Health Service organisations in England and individuals working within them to ensure personal information is dealt with legally, securely, effectively and efficiently to deliver the best possible care to patients and clients. 1.3 The CCG, via the Information Governance Toolkit, provides the means by which the NHS can assess our compliance with current legislation, Government and National guidance. 1.4 Information Governance covers: Data Protection & IT Security (including smart cards), Human Rights Act, Caldicott Principles, Common Law Duty of Confidentiality, Freedom of Information Regulations and Information Quality Assurance. 2. GENERAL PRINCIPLES 2.1 This policy aims to clarify the entitlements, responsibilities and processes that apply, in cases of maternity, adoption and paternity leave. It is intended to both inform and support those involved with information that they will need, and to ensure consistency of practice. 2.2 All employees, regardless of their length of service, have the right to take up to 52 weeks maternity leave, whether or not they return to NHS employment. Eligibility for Maternity Allowance, Statutory Maternity Pay and/or NHS Occupational Maternity Pay is dependant upon employment history, length of continuous service and average weekly earnings. A minimum 2-week period of compulsory maternity leave applies in all cases following childbirth. This is for health and safety reasons. 2.3 All employees who have the relevant qualifying service, regardless of their gender, have the right to take up to 52 weeks adoption leave if they are newly matched with a child for adoption through an approved adoption agency. Eligibility for Statutory Adoption Pay is dependant upon employment history, length of continuous service and average weekly earnings. 2.4 An employee who has, or expects to have, responsibility for the upbringing of a child has the right to claim a minimum of two weeks paternity leave following the birth or newly matched adoption of the child. This includes biological or adoptive fathers, nominated carers and same sex partners. Eligibility for statutory paternity pay, occupational paternity pay and additional paternity leave of up to 26 weeks in Page 4 of 26

5 total depends upon employment history, length of continuous service and average weekly earnings. 3. EQUALITY STATEMENT All employees, regardless of their ethnic origin, gender, status, seniority, union membership, age, disability, sexual orientation, religion or belief will have the right to be treated fairly in accordance with this policy and procedure. 4. MATERNITY LEAVE AND PAY 4.1 Occupational Maternity Pay: An employee working full-time or part-time will be entitled to maternity leave with occupational maternity pay under NHS contractual maternity pay scheme if: i) She has 12 months continuous service (see Appendix 1) with one or more NHS employers at the beginning of the eleventh week before the expected week of childbirth; and ii) She notifies her employer in writing before the end of the 15 th week before the expected date of childbirth (or if this is not possible, as soon as is reasonably practicable thereafter): Of her intention to take maternity leave; Of the date she wishes to start her maternity leave That she intends to return to work with the same or another NHS employer for a minimum period of three months after her maternity leave has ended, and provides a MATB1 form from her midwife or GP giving the expected date of childbirth Where an employee meets the criteria for occupational maternity pay and intends to return to work the amount of maternity leave and pay receivable is as follows: For the first 8 weeks of absence, the employee will receive full pay, less any Statutory Maternity Pay or Maternity Allowance (including any dependents allowances) receivable For the next 18 weeks, the employee will receive half of full pay plus Statutory Maternity Pay, providing the total receivable does not exceed full pay. For the next 13 weeks, the employee will receive any Statutory Maternity Pay or Maternity Allowance that they are entitled to under the statutory scheme. Employees are also entitled to take a further 13 weeks as unpaid leave to bring the total of leave to 52 weeks. However, this may be extended by local agreement in exceptional circumstances for example, where employees have sick pre-term or multiple births. Page 5 of 26

6 4.1.3 Calculation of Occupational Maternity Pay Full pay will be calculated using the average weekly earnings rules used for calculating Statutory Maternity Pay entitlement, subject to the following qualifications: In the event of a pay award or annual increment being implemented before the paid maternity leave period begins, the maternity pay should be calculated as though the pay award or annual increment had effect throughout the entire Statutory Maternity Pay calculation period. If such a pay award was agreed retrospectively, the maternity pay should be recalculated on the same basis. In the event of a pay award or annual increment being implemented during the paid maternity leave period, the maternity pay due from the date of the pay award or annual increment should be increased accordingly. If such a pay award was agreed retrospectively, the maternity pay should be re-calculated on the same basis. In the case of an employee on unpaid sick absence or on sick absence attracting half pay during the whole or part of the period used for calculating average weekly earnings in accordance with the earnings rules for Statutory Maternity Pay purposes, average weekly earnings for the period of sick absence shall be calculated on the basis of notional full sick pay An employee who is eligible for occupational maternity pay but does not intend to return to work with the CCG or another NHS employer in a substantive post for a minimum period of three months after her maternity leave is ended, will be entitled to receive pay equivalent to Statutory Maternity Pay (see below) 4.2 Statutory Maternity Pay (SMP) If an employee does not satisfy the conditions for Occupational Maternity Pay she may be entitled to Statutory Maternity Pay (SMP). For further information sources on maternity rights and statutory maternity pay see Appendix 2. An employee working full-time or part-time will be entitled to SMP if: She has been continuously employed for 26 weeks by the qualifying week, (the 15 th week prior to the week in which the baby is due) including at least one day in the qualifying week, and Her average gross weekly earnings must be at least equal to the current Government lower earnings limit for National Insurance Contributions Provided that these conditions are satisfied SMP will be paid at 90% of her average weekly earnings for the first 6 weeks of her maternity leave and to a flat rate sum for the following 33 weeks, paid at the SMP rate in force at the time of taking maternity leave, or at 90% of average weekly earnings if this is less than standard SMP rates. Page 6 of 26

7 4.3 Maternity Allowance (MA) If an employee does not satisfy the conditions for Statutory Maternity Pay, she may be eligible for Maternity Allowance, provided that she has been employed for 26 out of the 66 weeks prior to the expected week of childbirth and earning an average minimum amount ( 30 per week as at April 2011). Maternity Allowance is paid by the Government Benefits Agency for up to 39 weeks at the same rate as basic SMP. If an employee does not qualify for Statutory Maternity Pay she should contact her local job centre or social security office to apply for Maternity Allowance. 4.4 Salary Sacrifice - Child Care Vouchers Access to a childcare voucher provider will be available to staff via the HR department. 5 APPLYING FOR MATERNITY LEAVE AND PAY 5.1 An employee must notify their manager as soon as they are aware or think that they may be pregnant, preferably in writing. The line manager will then discuss with the employee their entitlements to maternity leave, pay and hazards in the workplace, which can affect pregnant employees (see Appendix 3). 5.2 By the end of the 26 th week of pregnancy the employee must have completed the application form (see Appendix 4) regardless of whether the maternity leave will be paid or unpaid and obtained from their GP or midwife the certificate of childbirth (MATB1). 5.3 The completed application form and MATB1 should be discussed with the employee s line manager. The employee will then pass the application to the HR department, who will inform payroll and process the application, confirming receipt of the form, MATB1 and maternity dates with a letter. 5.4 If an employee is intending to return to work before the end of the maternity or adoption leave period, they will need to inform the HR department in writing at least 28 days prior to their intended date of return. It is advisable that the employee discusses this with their manager, especially if the employee wishes to change hours of work, thereby giving as much notice as is reasonably possible. 5.5 An employee who does not use her full entitlement to maternity leave with pay may choose to transfer a proportion of her entitlement to her partner in the form of additional paternity (partner) leave. 5.6 Following discussion with the employee, the HR department will confirm in writing: The employee s paid and unpaid leave entitlements under this agreement (or statutory entitlements if the employee does not qualify under this agreement); Page 7 of 26

8 Unless an earlier return date has been given by the employee, her expected return date based on her entitlements to leave, e.g. the 52 weeks under this agreement The need for the employee to give at least 28 days notice if she wishes to return to work before the expected return date. 5.7 Appendix 5 sets out further details for the application process. 6. COMMENCEMENT OF MATERNITY LEAVE 6.1 An employee may begin her maternity leave at any time between the eleventh week before the expected week of childbirth and the expected week of childbirth provided she gives the required notice. Put in 6.2 Pregnant employees may continue working as close to the EWC (Expected Week of Confinement) or beyond the EWC as they wish, provided they continue to be capable of doing their job adequately. The employee must alert the manager to any concerns they have in this respect. The manager may require the employee to see the Occupational Health Department where it is felt that her health or that of the baby may be suffering as a result of her continuing to work. 6.3 If an employee is off work ill, or becomes ill, with a pregnancy related illness during the last four weeks before the expected week of childbirth, maternity leave will normally commence at the beginning of the fourth week before the expected week of childbirth or the beginning of the next week after the employee last worked, whichever is the later. Absence prior to the last four weeks before the expected week of childbirth, supported by a medical statement of incapacity for work, or a self-certificate, shall be treated as sick leave in accordance with normal leave provisions. Odd days of pregnancy related illness during this period may be disregarded if the employee wishes to continue working till the maternity leave start date previously notified to the employer. 6.4 If the employee subsequently wants to change the date from which she wishes her leave to start she should notify the HR department and their Line Manager at least 28 days beforehand (or, if this is not possible, as soon as is reasonably practicable beforehand). 7 PREMATURE BIRTH 7.1 Where an employee s baby is born prematurely the employee will be entitled to the same amount of maternity leave and pay as if her baby was born full term. 7.2 Where an employee s baby is born before the eleventh week before the expected week of childbirth, and the employee has worked during the actual week of childbirth, maternity leave will start on the first day of the employee s absence. 7.3 Where an employee s baby is born before the eleventh week before the expected week of childbirth, and the employee has been absent from work on Page 8 of 26

9 certified sickness absence during the actual week of childbirth, maternity leave will start at the beginning of the actual week of childbirth. 7.4 Where an employee s baby is born before the eleventh week before the expected week of childbirth and the baby is in hospital the employee may split her maternity leave entitlement, taking a minimum period of two weeks leave immediately after childbirth and the rest of her leave following her baby s discharge from hospital. 8 MISCARRIAGE AND STILL BIRTH 8.1 Where an employee has a miscarriage before the 25 th week of pregnancy normal sick leave provisions will apply as necessary. 8.2 Where an employee s baby is still born after the 24 th week of pregnancy the employee will be entitled to the same amount of maternity leave and pay as if her baby was born alive. 9 HEALTH AND SAFETY OF EMPLOYEES PRE AND POST BIRTH 9.1 Where an employee is pregnant, has recently given birth or is breastfeeding, the CCG will carry out a risk assessment of her working conditions by completing the Risk Assessment form (see Appendix 6). If it is found, or a medical practitioner considers, that an employee or her child would be at risk were she to continue with her normal duties the CCG should provide suitable alternative work for which the employee will receive her normal rate of pay. Where it is not reasonably practicable to offer suitable alternative work the employee will be suspended on full pay. 9.2 These provisions also apply to an employee who is breastfeeding if it is found that her normal duties would prevent her from successfully breastfeeding her child. 10 RETURN TO WORK FOLLOWING MATERNITY LEAVE 10.1 An employee who intends to return to work at the end of her full maternity leave will not be required to give any further notification to the CCG, although if she wishes to return early she must give at least 28 days notice An employee has the right to return to her job under her original contract and on no less favourable terms and conditions If at the end of maternity leave the employee wishes to return to work on different hours the employer has a duty to facilitate this wherever possible, with the employee returning to work on different hours in the same job. Any changes will be addressed using the CCG Worklife Balance Policy find page number If it is agreed that the employee will return to work on a flexible basis, including changed or reduced hours, for an agreed temporary period, this will not affect Page 9 of 26

10 the employee s right to return to her job under her original contract at the end of the agreed period In the event of illness preventing a return on the date the employee was due to return to work normal sick leave provisions will apply If an employee who has notified the CCG of her intention to return to work for the CCG or a different NHS employer in a substantive post (this does not include bank contracts) fails to do so within 15 months of the beginning of her maternity leave she will be liable to refund the whole of her maternity pay, less any Statutory Maternity Pay, received. 11. FIXED TERM CONTRACTS 11.1 Employees subject to fixed-term contracts or training contracts which expire after the eleventh week but, before the expected week of childbirth, and who satisfy the conditions in paragraph 5.1 shall have their contracts extended so as to allow them to receive the 52 weeks which includes paid contractual, statutory, and unpaid maternity pay Absence on maternity leave (paid and unpaid) up to 52 weeks before a further NHS appointment shall not constitute a break in service If there is no right of return to be exercised because the contract would have ended if pregnancy and childbirth had not occurred the repayment provisions set out in paragraph 16.1 above will not apply Employees on fixed-term contracts who do not meet the twelve months continuous service condition may still be entitled to Statutory Maternity Pay. 12 ROTATIONAL / TRAINING CONTRACTS 12.1 Where an employee is on a planned rotation of appointments with one or more NHS employer as part of an agreed programme of training, she shall have the right to return to work in the same post or in the next planned post irrespective of whether the contract would otherwise have ended if pregnancy and childbirth had not occurred. In such circumstances the employee s contract will be extended to enable the practitioner to complete the agreed programme of training. 13 ANTENATAL CARE 13.1 Pregnant employees have the right to paid time off for antenatal care. Antenatal care may include relaxation and parent-craft classes as well as appointments for antenatal care. The employee should assist her manager by giving as much notice as possible of appointment times. Except in the case of the first appointment, the manager may ask the employee to produce an appointment card. Page 10 of 26

11 14 BREASTFEEDING 14.1 The CCG will make every effort to facilitate arrangements for breastfeeding within the work place. If you are considering this please contact your line manager before you return to work to ensure that arrangements can be made. 15 IVF TREATMENT 15.1 Where an employee cannot receive IVF treatment in their own time outside of working hours they should make a written request to their manager for paid time off work for the purpose of receiving IVF Treatment The CCG will consider all requests and where appropriate grant the employee a reasonable amount of paid time off work. Previous periods of absence granted for IVF Treatment will be taken into account in determining what is a reasonable amount Where possible an employee should schedule their IVF treatment with consideration to the needs of the service so as to limit disruption i.e. at the beginning / end of the day or at less busy times After the first appointment the employee will be asked to produce an appointment card for verification of future appointments. 16 ADOPTION LEAVE AND PAY 16.1 Adoption leave is available to those staff who are adopting a child for whom they will have primary carer responsibilities and where they have been newlymatched with a child for adoption by an approved adoption agency. All employees to whom this applies are entitled to take 52 weeks adoption leave, regardless of length of service, which comprises 26 weeks ordinary adoption leave, immediately followed by 26 weeks additional adoption leave. These rights apply to same sex partners Where the child is below the age of 18 adoption leave and pay will be in line with the maternity leave and pay provisions set out in this policy An employee with a minimum of 12 months continuous NHS service (ending with the week in which they are notified of being matched with the child for adoption) will be entitled to paid occupational adoption leave Employees who are not eligible for occupational adoption pay may still be entitled to statutory adoption pay (SAP) subject to the qualifying conditions. The rate of SAP is the same as for statutory maternity pay. Adopters whose average weekly earnings are below the lower Earnings Limit for National Insurance contributions will not qualify for SAP, but may qualify for other financial support from the Benefits Agency Reasonable time off to attend official meetings in the adoption process should also be given. Page 11 of 26

12 16.6 If both adoptive parents work for The CCG, the period of leave and pay may be shared. One parent should be identified as the primary carer and will be entitled to adoption leave and pay in accordance with the eligibility criteria, and the partner of the primary carer is entitled to paternity leave and pay, subject to the eligibility criteria Applying for Adoption Leave i ii. iii. iv The employee must give notice, no more than 7 days after the date on which they have been notified of having been matched, and should give at least 28 days notice of when they intend the adoption leave to start, unless this is not reasonably practicable. They must state when the child is expected to be placed and when they wish to start their adoption leave. A copy of the letter confirming newly-matched status must be submitted with the request for adoption leave. Within 28 days of receipt of this notification the manager must write to the employee, stating the date the employee is expected to return from adoption leave. The employee can change the date on which they want to start their adoption leave, by giving at least 28 days notice, in writing, in advance, unless this is not reasonably practicable. The employee is required to give at least 28 days notice of the date on which they intend to return to work if it is earlier than the end of the adoption leave period. 17 PATERNITY LEAVE AND PAY 17.1 Ordinary Paternity Leave and Pay: Paternity leave is available to those who have or expect to have responsibility for the upbringing of a child and are the biological father or they are married to or are the partner of the child s mother or are an adoptive parent. Paternity leave also applies to same sex partners. All eligible employees are entitled to two weeks basic paternity leave, the rate of pay for which depends on length of service: To be eligible for Statutory Paternity Pay (SPP), the employee must have been employed by the same employer for at least 26 weeks by the 15 th week before the expected week of childbirth, or, in the case of adoption, by the week in which the approved match with a child is made. The level of pay will be the same as flat rate statutory maternity pay, or if the employee s earnings are less than this, 90% of average weekly earnings. To be eligible for Occupational Paternity Pay (full pay) the employee must have at least 12 months continuous service within the NHS at the beginning of the week in which the baby is due. Full pay will be calculated on the basis of the average weekly earnings rules used for calculating occupational maternity pay entitlements and the employee will receive full pay less any statutory Page 12 of 26

13 paternity pay received. Only one period of paternity pay is available, even in the case of multiple births Additional Paternity Leave and Pay If an employee proposes to return to work early without using her full 52 week entitlement to maternity or adoption leave, she may transfer a proportion of her leave to her spouse, partner or civil partner, who may be entitled to up to 26 weeks Additional Paternity (Partner) Leave, which is in addition to the two weeks ordinary paternity leave. If the relevant criteria are met, there may also be entitlement to Statutory Paternity Pay. Please contact the HR Department who will be able to advise on the transfer of leave Additional paternity leave and pay may be available to employees if: The employee is the father (including biological parent, partner, adoptive or same sex partner) of a child due on or after 3 April 2011 The employee receives notification of being matched with a child for adoption on or after 3 April 2011 and is not the designated primary carer entitled to adoption leave The child's mother is entitled to statutory maternity leave, maternity pay or allowance or statutory adoption leave or pay. The child's mother or adopter must have returned to work Additional paternity leave can only start twenty weeks after the child is born, and must be taken by the child s first birthday. In the case of adoption it can start anytime between 20 weeks and 52 weeks after the child starts living with the adopter Employees taking additional paternity leave have the right to maintain the same terms and conditions (other than pay) as if they had been at work and return to work to the same job and on no less favourable terms and conditions Applying for Paternity Leave For ordinary paternity leave the employee must give 15 weeks notice of their intention to take leave, unless not reasonably practicable and at least 28 days notice of the actual dates unless not reasonably practicable Basic leave must be taken within 56 days of the date of the child s birth or the beginning of the EWC, whichever is the later, or, in the case of adoption, the date the child was placed. It must be taken in one block or as two separate weeks, and cannot be taken as odd days The employee must give their manager a copy of the MATB1, or in the case of adoption a copy of the matching letter, along with a written request for leave, including the length of the period of leave required and the date from which the leave is requested and the date of return. Form SC3 Becoming a Parent may also be used The employee can change the date on which they want to start their paternity leave or the length (for instance a change from one block to two blocks of one Page 13 of 26

14 week each), by giving 28 days notice in writing, in advance of the new leave date An adoptive parent cannot take paternity leave if they also decide to take adoption leave. One partner takes adoption leave and the other paternity leave To qualify for additional paternity leave the employees must provide notice in writing at least eight weeks before the start of the leave. This must include: The expected date of the baby's birth or date of notified of being matched for adoption The actual date of baby's birth, or placement of adoption The start date of the Additional Paternity leave and pay The relationship to the mother, and confirmation that she will return from maternity leave and there will be no overlap between the two as part of the additional paternity leave arrangements Confirmation that the leave is taken only for the purposes of caring for the child. 18 ARRANGEMENTS COMMON TO MATERNITY, ADOPTION AND ADDITIONAL PATERNITY LEAVE Keeping in Touch (KIT) Days Before going on maternity, adoption or additional paternity leave, the employee and their line manager should discuss and agree any voluntary arrangements for keeping in touch during the employee s leave including: Any voluntary arrangements that the employee may find helpful to help keep in touch with developments at work and, nearer the time of return, to help facilitate the return to work Keeping the employer in touch with any developments that may affect the intended date of return In addition to these informal arrangements, there are mechanisms for the employee to attend work for up to 10 days during maternity, adoption or additional paternity leave without this breaking the leave period, known as Keeping In Touch (KIT) Days. To facilitate the process of KIT days it is important that the employer and employee have early discussion to plan and make arrangements for this before the leave takes place. An employee may work for up to a maximum of 10 KIT days without bringing the maternity, adoption or additional paternity leave to an end. Any days of work will not extend the maternity, adoption or additional paternity leave period. An employee may not work during the 2 weeks of compulsory maternity leave immediately after the birth of her baby. The work can be consecutive or not and can include training or other activities which enable the employee to keep in touch with the workplace Any such work must be by agreement and neither the employer nor the employee can insist upon it Page 14 of 26

15 The employee will be paid at their basic daily rate, for the hours worked less appropriate maternity leave payment for KIT days worked Working for part of any day will count as one KIT day Any employee who is breastfeeding must be risk assessed and facilities provided to ensue that this can be accommodated Terms and Conditions of Service During maternity, adoption and additional paternity leave (both paid and unpaid) an employee retains all contractual rights except remuneration. Maternity, adoption and additional paternity leave, whether paid or unpaid, shall count as service for annual increments and for the purposes of any service qualification period for additional annual leave Annual Leave Annual leave will continue to accrue during maternity, adoption and additional paternity leave, whether paid or unpaid, provided for by this agreement. Where the amount of accrued annual leave would exceed normal carry over provisions (5 days - pro rata for part-time employees), it may be mutually beneficial to both the employer and employee for the employee to take any accrued annual leave before and/or after the formal (paid and unpaid) maternity, adoption or additional paternity leave period. The amount of annual leave to be taken in this way, or carried over, should be discussed and agreed between the employee and the employer. Annual leave accrues in the same way and at the same rate as if the employee was at work Pension rights Pension rights and contributions shall be dealt with in accordance with the provisions of the NHS Pension Regulations. Page 15 of 26

16 Appendix 1 1 CONTINUOUS SERVICE 1.1 For the purposes of calculating whether the employee meets the twelve months continuous service with one or more NHS employers qualification for entitlements the following provisions shall apply:- 1. NHS employers includes health authorities, NHS Boards, previous NHS Primary Care Trusts, other NHS Trusts and the Northern Ireland Health Service. 2. A break in service of three months or less will be disregarded (though not count as service). 1.2 The following breaks in service will also be disregarded (though not count as service); 1. employment under the terms of an honorary contract; 2. employment as a locum with a general practitioner for a period not exceeding twelve months; 3. a period of up to twelve months spent abroad as part of a definite programme of postgraduate training on the advice of the Postgraduate Dean or College or Faculty Advisor in the speciality concerned; 4. a period of voluntary service overseas with a recognised international relief organisation for a period of twelve months which may exceptionally be extended for twelve months at the discretion of the employer which recruits the employee on the return; 5. absence on a employment break scheme in accordance with the provisions of Section 36 in the Agenda for Change: NHS Terms and Conditions of Service Handbook; 6. absence on maternity leave (paid or unpaid) as provided for under this agreement. 1.3 Employment as a trainee with a General Medical Practitioner in accordance with the provisions of the Trainee Practitioner Scheme shall similarly be disregarded and count as service. 1.4 Employers have the discretion to count other previous NHS service or service with other employers. Page 16 of 26

17 Appendix 2 Further Information Sources: Maternity Rights and Statutory Maternity Pay Information about all maternity rights is contained in the following Department of Trade and Industry (DTI) booklet:- Maternity Rights: a guide for employers and employees (URN 99/1191) Copies of the booklet can be obtained by telephoning It is also available from the DTI web site at:- Information on Statutory Maternity Pay and Maternity allowance entitlements is contained in the following Department for Work and Pensions (DWP) booklet:- A guide to Maternity Benefits (NI 17A) Copies of the booklet can be obtained from local benefits offices. Further information on Statutory Maternity Pay and Maternity Allowance entitlements is also available on the DWP website at:- is a website that will enable you to calculate your maternity leave via a calendar Further information for new and expectant mother at work is available on the Health and Safety Executive website at:- Page 17 of 26

18 Appendix 3 1. HAZARDS FOR THE PREGNANT EMPLOYEE 1.1 There are hazards for pregnant women in the working environment and when carrying out every day duties within a hospital. The Risk Assessment in Appendix 6 looks at these hazards in further detail. 1.2 There is no evidence that continuing to work in the early months of pregnancy is harmful, except in respect of specific hazards. 1.3 Specific hazards in hospital/community settings and health work which pregnant women MUST avoid are:- Radiation in X Ray Departments, theatres, wards, CT scanning rooms etc and radiation from radioisotopes. Anaesthetic gases Phenol Cytotoxic agents Infections from patients or laboratory samples Formaldehyde in laboratories Ethylene oxide sterilisation procedures Violence from patients (patients with mental health problems who are violent, drunks etc) Falls pregnant women are more prone to falling Prolonged standing (for example in theatre) Excessive hours 1.4 If you work in any areas where you may be subject to these hazards you should tell your Manager immediately when you know, or think, you might be pregnant. 1.5 If you require further guidance concerning hazards in the workplace, please consult a member of the Occupational Health department, as soon as possible in your pregnancy, or ask advice of your Manager. Page 18 of 26

19 Surname ENHCCG Maternity Leave Application Forename(s) Appendix 4 Home Address Employee No Department Expected date of Child Birth Maternity Leave End Date Post Title Name of Manager Maternity Leave Start Date Please confirm the maternity leave and pay you are applying for by completing box 1 or NHS Contractual Maternity Pay Scheme. I have twelve months continuous service with the NHS at the beginning of the eleventh week before the expected week of childbirth. I intend to return to work with the CCG or another NHS employer for a minimum period of three months after my maternity leave has ended. I apply for a period of. weeks paid maternity leave and maternity pay as follows: 8 weeks full pay, less any SMP or MA and. weeks (up to 18 weeks) half pay plus any SMP or MA, providing the total receivable does not exceed full pay) and. weeks (up to 13 weeks) SMP or MA only. I will be taking a period of. week s unpaid maternity leave (up to 13 weeks). I will be on maternity leave for a total of... weeks (up to 52 weeks). Please note: An employee who has notified their intention to return to work, but fails to do so within 15 months of the beginning of her maternity leave will be liable to refund the whole of her maternity pay, less any SMP received. Page 19 of 26

20 2 - Statutory Maternity Leave and Pay Entitlement I have been employed continuously for at least 26 weeks into the 15 th week before the week my baby is due or I have twelve months continuous service with the NHS at the beginning of the eleventh week before the expected week of childbirth but do not intend to return to work at the end of maternity leave I apply for a period of. weeks maternity leave and statutory maternity pay as follows: 6 weeks (90% of your average weekly earnings with no upper limit). weeks (up to 33 weeks), SMP standard rate or a rate equal to 90% of your average weekly earnings, whichever is lower. I will be taking a period of.weeks unpaid maternity leave (up to 13 weeks) I will be on maternity leave for a total of... weeks (up to 52 weeks). Please note: Should you not be entitled to receive SMP from the CCG you will be notified and provided with other forms that you will need to complete and send to your local Jobcentre Plus/Social Security Office in order to receive the relevant statutory maternity payments. You are required to produce medical evidence of pregnancy, normally a MATB1 to receive Maternity Pay. I attach this with my application. Do you currently buy childcare vouchers through the salary sacrifice scheme? If yes, are you intending to continue buying them during your maternity leave? Yes Yes No No Employee s Signature Manager s Signature Manager s Name in Block Capitals Application Actioned by: HR Name: Date Date Date Page 20 of 26

21 Appendix 5 Maternity Leave Application Process 1. Employee informs manager of pregnancy. Manager will issue a copy of the Maternity Guidelines. 2. Manager and employee conduct a Risk Assessment. This may show the employee has to be moved to another area or may need an on going review. If no other area available this may mean medical suspension. (Advice should be sought from Occupational Health or the CCG s Health and Safety Advisor if needed) 3. Employee with their Line Manager will complete a Maternity Leave Application form (Appendix 4). Manager and employee should discuss and agree how annual leave is to be taken i.e. before and after maternity leave. KIT days should also be discussed. 4. The application form, along with a MATB1 certificate should be sent to the HR Department in accordance with the maternity leave notice period requirements. 5. Following receipt of the completed Maternity Leave Application Form and MATB1, HR will write to the employee to confirm details of their maternity leave. 6. HR will send a copy of the application form and letter to the employee, line manager, Finance and Payroll. 7. HR will write to the employee eleven weeks before the expected maternity leave end date to ask for confirmation of the actual end date. 8. Employee will confirm to HR in writing the actual date their maternity leave will end and date of return to work. 9. Should the employee wish to change the dates previously given, they will inform their Manager and HR in writing at least 28 days prior to their intended date of return. 10. On employee s return to work a risk assessment may need to be undertaken. Page 21 of 26

22 Appendix 6 NEW AND EXPECTANT MOTHERS RISK ASSESSMENT Name: Date of Birth: Expected date of childbirth: Job Title: Department/Base: Contracted Hours per week: Shifts/Days/Nights: Assessor: Date of First Assessment: Stage of Pregnancy (weeks): Risk Element Manual Handling of clients, equipment and loads. Shift Work Early Morning General Psychological and Physical Fatigue Breastfeeding Impact on New or Expectant Mother Less physical capability and possible harm when pregnant or following birth (especially after Caesarean Section) Increased risk of ligament injuries due to hormonal changes Impacted with morning sickness Fatigue Backache Balance Comfort Comfort Privacy Risk Present? Yes/No Control Measures Check manual handling training to date. Colleagues to support if any risk involved. To use hoists to lift clients Review individual as pregnancy advances. Seek advice from manual handling adviser. Consider changing hours of work or exposure to situations that may exacerbate nausea particularly during first trimester. Avoid excessive working hours Encourage good time management Have more frequent breaks Discuss working hours with employee Easy access to sanitary facilities. Consider reduced working hours Provide Privacy for employee to express milk Sufficient? Yes/No Recommended Actions for Risk Reduction Implementation/ Review Date Page 22 of 26

23 Risk Element Biological Agents, Contact with Hepatitis B & C virus, HIV, Rubella, Chickenpox, TB etc Chemical Agents Contact with chemicals within the workplace, phenol and Substances labelled: R40 R45, R46,R47, R61, R63, R64 Cytotoxic Drugs Passive smoking Standing/sitting for extended periods of time Impact on New or Expectant Mother May cause illness in pregnancy or may affect the foetus or infant receiving breast milk May cause illness in pregnancy or may affect the foetus or infant receiving breast milk. May cause illness in pregnancy or may affect the foetus or infant receiving breast milk May cause harm to foetus. Backache and general physical fatigue and discomfort, varicose veins, haemorrhoids Risk Present? Yes/No Control Measures Consider storage facilities for expressed milk. Check immunisations are up to date Advance knowledge of potential infection risks. Avoid contact with chickenpox between weeks of pregnancy. Ensure good working practice Ensure good hygiene and infection control. Omit employee from contact with biological agents known to cause harm in pregnancy or when breastfeeding. Ensure COSHH risk assessment addresses impact upon pregnant or new mothers Omit employee from contact with substances known to cause harm in pregnancy or when breastfeeding Ensure COSHH risk assessment addresses impact upon pregnant or new mothers Omit employee from contact with substances known to cause harm in pregnancy or when breastfeeding Ensure a smoke free environment (consider visit to domestic situations). Provide good quality seating for any task requiring a lot of standing. Ensure workstation is suitable Sufficient? Yes/No Recommended Actions for Risk Reduction Implementation/ Review Date Page 23 of 26

24 Risk Element Unable to wear personal protective equipment (PPE) correctly due to changing physical Working with Display Screen Equipment (DSE) Impact on New or Expectant Mother May be inadequately protected from dangerous practices or items Anxiety due to concerns about high levels of miscarriage and birth defects in DSE Users. Risk Present? Yes/No Control Measures Review work practices requiring PPE to be worn and omit. Purchase PPE that fits wearer correctly Ensure DSE Assessment has been carried out Reassure that many scientific studies undertaken have shown no link between miscarriages, birth defects and working with DSE. CONFIRMATION OF ASSESSMENT Signature of Assessor: Name: Designation: Date: Signature of Employee: Name: Designation: Date: Sufficient? Yes/No Recommended Actions for Risk Reduction Implementation/ Review Date TO BE RETAINED IN PERSONAL FILE 18 Week Date: Comments Assessor: Signature: Assessment: 28 Week Assessment: Date: Comments Assessor: Signature: 32 Week Assessment: Return to work assessment (to be completed within 5 working days): Date: Comments Assessor: Signature: Date: Comments Assessor: Signature: Page 24 of 26

25 Appendix 7 Equality Impact Assessment Stage 1 Screening 1. Policy EIA Completion Details Title: Maternity, Adoption and Paternity Policy Proposed Existing Date of Completion: April 2013 Names & Titles of staff involved in completing the EIA: Anne Ephgrave HR Manager Review Date: April Details of the Policy. Who is likely to be affected by this policy? Staff Patients Public 3. Impact on Groups Race, ethnicity, nationality, language etc. Gender (inc. transgender) Probable impact on group? Positive Adverse None High, Medium or Low Please explain your answers Disability, inc. learning difficulties, physical disability, sensory impairment etc. Sexual Orientation Religion or belief Human Rights Age Other: No impact on any of the groups above. Please explain and provide evidence Policy applies to all staff irrespective of individual or protected characteristics 4. Which equality legislative Act applies to the policy? Human Rights Act 1998 Mental Health Act 1983 Mental Capacity Act 2005 Single Equal Pay Act Health & Safety Regulations Part time Employees Regulations 5. How could the identified adverse effects be minimised or eradicated? N/A 6. How is the effect of the policy on different Impact Groups going to be monitored? N/A Page 25 of 26

26 Appendix 8 Privacy Impact Assessment Stage 1 Screening 1. Policy PIA Completion Details Title: Maternity, Adoption and Paternity Policy Proposed Existing Date of Completion: April 2013 Names & Titles of staff involved in completing the PIA: Anne Ephgrave HR Manager Review Date: April Details of the Policy. Who is likely to be affected by this policy? Staff Patients Public Yes No Please explain your answers Technology Does the policy apply new or additional information technologies that have the potential for privacy intrusion? (Example: use of smartcards) Identity By adhering to the policy content does it involve the use or re-use of existing identifiers, intrusive identification or authentication? (Example: digital signatures, presentation of identity documents, biometrics etc.) By adhering to the policy content is there a risk of denying anonymity and de-identification or converting previously anonymous or de-identified data into identifiable formats? Multiple Organisations Does the policy affect multiple organisations? (Example: joint working initiatives with other government departments or private sector organisations) Data By adhering to the policy is there likelihood that the data handling processes are changed? (Example: this would include a more intensive processing of data than that which was originally expected) If Yes to any of the above have the risks been assessed, can they be evidenced, has the policy content and its implications been understood and approved by the department? Page 26 of 26