Ordinary Childbirth/Adoption Support Leave and Additional Childbirth/Adoption Support Leave and Pay Policy

Transcription

1 Ordinary Childbirth/Adoption Support Leave and Additional Childbirth/Adoption Support Leave and Pay Policy The University s Childbirth/Adoption Support Leave Scheme (formally known as Paternity leave) provides enhanced benefits to those contained within the statutory provisions. 1. Introduction 2. Ordinary Childbirth/Adoption Support Leave b) Entitlement c) Taking Ordinary Childbirth/Adoption Support Leave d) Notification e) Time off for appointments 3. Additional Childbirth/Adoption Support Leave b) Entitlement c) Notification d) Keeping in Touch e) Employment Terms and Conditions f) Pension Contributions g) Holiday Entitlement h) Returning to work i) Requesting a Change in Working Hours 1. Introduction Ordinary Childbirth/Adoption Support Leave allows eligible employees to take up to two weeks paid leave to care for a child and/or to support the mother/adopter after the birth or adoption. Additional Childbirth/Adoption Support Leave allows eligible employees to take up to 26 weeks leave where the mother/adopter has returned to work. Eligible employees can also receive the balance of the mother s statutory maternity pay or joint adopter's statutory adoption pay if it has not already been exhausted. Please note that Additional Childbirth/Adoption Support Leave is no longer available in respect of babies with due dates on or after 5 April 2015 or in respect of children placed for adoption on or after 5 April A new entitlement to Shared Parental Leave has been introduced for eligible employees where a baby is due to be born on or after 5 April 2015, or for children who are placed for adoption on or after 5 April 2015.

2 2. Ordinary Childbirth/Adoption Support Leave In order to qualify for Ordinary Childbirth/Adoption Support Leave and pay employees must have worked continuously for the University for 26 weeks ending with the 15 th week before the baby is due (the qualifying week) or in the case of adoption, the end of the week in which the adopter is notified of being matched with the child. The following employees who have or expect to have responsibility for the child s upbringing are entitled to a maximum of 2 weeks pay: the biological father of the child the mother s husband or partner. (Partner is someone who is living with the mother of the baby in a relationship but is not an immediate relative. This includes a female partner in a same sex couple) employee of either sex who is adopting a child but is not taking adoption leave If an employee does not qualify for Ordinary Childbirth/Adoption Support Leave they should discuss with their manager the possibility of taking annual leave or an unpaid leave of absence (sabbatical/extended leave). Please see the relevant pages on this website for details of those types of leave. b) Entitlement Employees who meet the above eligibility criteria can choose to take either one week or two consecutive weeks' Ordinary Childbirth/Adoption Support Leave. The leave must be taken in a single block and cannot be taken as odd days or as two separate weeks. During Ordinary Childbirth/Adoption Support Leave, eligible employees will be paid by the University at their normal rate of pay. (This will include an element of Ordinary Statutory Paternity Pay (OSPP) where appropriate, which is effectively enhanced by the University to equal full pay). Employees can take only one period of leave per pregnancy even if more than one baby is born as the result of the same pregnancy. c) Taking Ordinary Childbirth/Adoption Support Leave Leave can start on any day of the week on or following the child s birth or placement for adoption, but must be completed within 56 days of the actual date of birth/placement of the child. If the child is born early, leave must be taken within the period from the actual date of birth up to 56 days after the expected date of birth

3 d) Notification Employees should discuss their intention to take Ordinary Childbirth/Adoption Support Leave with their line manager as soon as is practicable. Consideration will need to be given to cover if appropriate. To qualify for Ordinary Childbirth/Adoption Support Leave employees must: formally tell the University that they wish to take the leave by completing the Ordinary Childbirth/Adoption Support Leave Form. This is then signed off by the employee s line manager and Head of School/Department. The form is then sent to the relevant HR Operations Assistant. Births: o This has to be done by the end of the 15 th week before the baby is due, or, if this is not possible, as soon as is reasonably practicable Adoptions: o This has to be done within 7 days of the adopter being advised of being matched with the child or, if this is not reasonably practicable, as soon as is reasonably practicable In order to change the start date of Ordinary Childbirth/Adoption Support Leave employees must give their HR Operations Assistant at least 28 days notice (unless this is not reasonably practicable). e) Time off for appointments Employees, who are the biological father or mother s partner, are entitled to unpaid leave for up to 2 appointments, capped at 6.5 hours per appointment for the purpose of accompanying expectant mothers to ante-natal appointments. In the case of adoption, the co-adopter will be entitled to unpaid time off for up to 2 appointments. 3. Additional Childbirth/Adoption Support Leave (only available to eligible employees in respect of babies with due dates or children placed for adoption before 4 April Employees with babies with due dates or children placed for adoption on or after 5 April 2015 may be entitled to take Shared Parental Leave) In order to qualify for Additional Childbirth/Adoption Support Leave and pay employees must have worked continuously for the University for 26 weeks ending with the 15 th week before the baby is due (the qualifying week) or in the case of adoption, the end of the week in which the adopter is notified of being matched with the child. Employees can start their Additional Childbirth/Adoption Support Leave any time from 20 weeks after the child is born.

4 A minimum of two weeks and a maximum of 26 continuous weeks' leave can be taken and the leave must have finished by the child's first birthday. Only one period of Additional Childbirth/Adoption Support Leave will be available to employees irrespective of whether more than one child is born as a result of the same pregnancy or more than one child is placed for adoption as part of the same arrangement. For an employee to qualify for Additional Childbirth/Adoption Support Leave they must be: the biological father of the child the mother s husband or partner (including same-sex partner or civil partner) of a woman who is due to give birth on or after 3 April 2011 (Partner is someone who is living with the mother of the baby in a relationship but is not an immediate relative. This includes a female partner in a same sex couple) have, or expect to have, the main responsibility for the baby's upbringing, apart from any responsibility of the mother continue to work for the University from the qualifying week into the week before they wish to take Additional Childbirth/Adoption Support Leave be taking the time off to care for the baby If the contract of employment ends before leave starts an employee does not qualify for leave or pay. The child's mother must also: be entitled to statutory maternity leave, statutory maternity pay or maternity allowance have returned to work after maternity leave before she has taken her full entitlement to 39 weeks statutory maternity pay or maternity allowance but with at least two weeks of unexpired statutory maternity leave entitlement (of the full 52) remaining b) Additional Childbirth/Adoption Support Leave Entitlements: Additional Childbirth/Adoption Support Pay is payable to eligible employees who meet the eligibility criteria for Additional Childbirth/Adoption Support Leave and: are taking time off to care for their child during their partner's 39 week statutory maternity pay, maternity allowance or statutory adoption pay period their partners have returned to work Additional Childbirth/Adoption Support Pay is only payable during the mother or co-adopter s statutory maternity pay, statutory adoption pay or maternity

5 allowance period (if it has not already been exhausted) from 20 weeks after the child is born. To qualify for Additional Childbirth/Adoption Support Pay the employee must have: average weekly earnings at or above the lower earnings limit for National Insurance contributions in force at the end of the qualifying week at least two weeks of the mother's or adopter's statutory maternity pay or maternity allowance period remaining The qualifying week is either: the 15th week before the expected date of birth for UK adoptions - the week the adopter was matched with a child for adoption for overseas adoptions - the later date of either: the end of the week in which official notification is received or the end of the week in which they complete 26 weeks' continuous employment with you Employees are not eligible to work whilst receiving Additional Childbirth/Adoption Support Pay (with the exception of the 10 optional keeping in touch days). c) Notification In order to qualify for Additional Childbirth/Adoption Support Leave and Pay the employee must: Give notice, in writing, at least 8 weeks before the intended start of the leave by completing the Additional Childbirth/Adoption Support Leave form. This is then signed off by the employee s line manager and the Head of School/Department. The form is then sent to the relevant HR Operations Assistant The child s mother or co-adopter must provide a signed declaration by completing the section on the Additional Childbirth/Adoption Support Leave form Provide a copy of: o The child s birth certificate, or o (for adoptions), the notification from the adoption agency, including the name and address of the agency; the date on which the employee was notified of having been matched for adoption and the date that the agency was expecting the placement to begin, or o (for overseas adoptions), the official notification from the relevant domestic authority and documentation proving that the child entered Great Britain

6 Give at least 6 weeks notice in writing if they wish to change the date of their Additional Childbirth/Adoption Support Leave or if they no longer wish to take it Advise the University as soon as possible if they are no longer eligible for Additional Childbirth/Adoption Support Leave e.g. because their partner has not returned to work or because they will not be caring for the child The University can insist an employee takes a period of unpaid leave if six weeks' notice of the change in eligibility is not given or if it is not practical for the University to fit in with the change The unpaid leave would start on the date the leave was due to start. It would end no later than six weeks after the employee gave notice that they were no longer eligible (or the date the leave was due to end if that is earlier). d) Keeping in Touch Days You are not obliged to do any work or attend any work related events or meetings during your Additional Childbirth/Adoption Support Leave. However, Keeping in Touch Days (known as KIT days) allow you to go into work for up to 10 days (which may be either separate days or a single block) without losing any SMP or triggering the end of your Additional Childbirth/Adoption Support Leave. KIT days can be used to enable you to attend meetings, training sessions, or other events, or for you to perform your normal job duties. You should make the appropriate childcare arrangements during any KIT days. For KIT days to work, you and your manager must agree that you will do some work on a particular day and the type of work to be undertaken. There is no requirement for you to agree to attend work for any KIT days, and your manager does not have to offer such days to you, but they can be a very effective way of maintaining contact during your Additional Childbirth/Adoption Support Leave and easing your return to work. If you do attend work for a KIT day, the University will not make any further payment over and above what you may already be receiving during that period; however it may be agreed by the School/Directorate to make a further payment up to the normal hourly/daily rate of pay. Payment will be made in the month following the KIT day, to allow for payroll processing. e) Employment Terms and Conditions during Additional Childbirth/Adoption Support Leave Whilst on Additional Childbirth/Adoption Support Leave employment terms and conditions are protected. An employee will keep normal employment rights and benefits (excluding wages) throughout all their Additional Childbirth/Adoption Support Leave.

7 f) Pension contributions during Additional Childbirth/Adoption Support Leave The University will continue to make their usual contributions for any time an employee is receiving any Additional Childbirth/Adoption Support Pay. If an employee normally contributes to their pension they should continue to do this. g) Holiday Entitlement during Additional Childbirth/Adoption Support Leave Employees will continue to accrue annual leave during paid and unpaid Additional Childbirth/Adoption Support Leave. Employees will also accrue any Bank Holidays and University Closure Days that occur during Additional Childbirth/Adoption Support Leave. h) Returning to Work Employees may exercise the right to return to work at any time during the period of Additional Childbirth/Adoption Support Leave. They will have the right to return to the job or comparable job to that which they were employed with the same terms and conditions as if they had not been absent. If they return prior to the end of the Additional Childbirth/Adoption Support Leave period they should give at least 6 weeks notice, in writing, of their intended date of return. i) Requesting a Change in Working Hours All employees with 26 weeks of continuous service have the legal right to request flexible working e.g. change in working hours or work pattern. An employee does not have the automatic right to work flexibly but the entitlement to make a request to work flexibly. Please see the procedure for requesting to work flexibly in the Employee Health and Well-being Policy. Updated: 15 April 2015