LEEDS COMMUNITY HEALTHCARE NHS TRUST MATERNITY / ADOPTION / PATERNITY & SHARED PARENTAL LEAVE GUIDELINES

Transcription

1 LEEDS COMMUNITY HEALTHCARE NHS TRUST MATERNITY / ADOPTION / PATERNITY & SHARED PARENTAL LEAVE GUIDELINES October 2015 (Minor amendments to Section 3.1 made July 2016) A GUIDE FOR STAFF

2 Useful Contact Numbers Websites 1. Introduction 2. Definitions 3. Maternity 3.1 Maternity Checklist CONTENTS 3.2 Health and Safety Risk Assessment Alternative Employment During Pregnancy 3.3 Ante-Natal Care 3.4 Maternity Leave Application Procedure Commencing Maternity Leave Annual Leave Carry-over of Annual Leave Keeping in Touch Days 3.5 Maternity Pay Statutory Maternity Pay (SMP) Option 1(a) Occupational Maternity Pay (OMP) Option 1(b) Deferred Benefits Option 1(c) Maternity Allowance Option Not Returning to Work Option How your pay is calculated Pay and Deductions during Maternity Leave - NHS Pension Scheme - Annual Increments - Trade Union or other Subscriptions - Lease Cars - Salary Sacrifice Schemes 3.6 Returning or Not Returning to Work Restrictions on Returning Failure to Return to Work Notice of Return to Work Terms and Conditions Changes of Terms and Conditions Employment Breaks Childcare 3.7 Additional Information Sickness Premature Birth Stillbirth Miscarriage PAGE

3 3.7.5 Staff on Fixed-Term or Training Contracts Mobile Telephones Contractual Rights Post-natal Care and Breastfeeding Mothers Redundancy during Pregnancy Redundancy during Maternity Leave Redundancy and Notice Pay Dismissal during Maternity Leave 3.8 Flowcharts Employees Intending to Return to Work Employees who do not Intend to Return to Work 4. Adoption 4.1 Adoption Leave Eligibility Application Procedure Documentation Required Commencing Adoption Leave Annual Leave Carry-over of Annual Leave Further Unpaid Leave Keeping In Touch Days (KIT) When adopting a step child When adopting two or more children If the child s placement ends during adoption leave 4.2 Adoption Pay Statutory Adoption Pay (SAP) Option 1(a) NHS Contractual Adoption Pay Option 1(b) Less than 26 weeks continuous service Option Not Returning to Work Option How your pay is calculated Pay and Deductions during Adoption Leave - NHS Pension Scheme - Annual Increments - Trade Union or other Subscriptions - Lease Cars - Salary Sacrifice Schemes 4.3 Returning / Not Returning to Work Failure to Return to Work Terms and Conditions Change of Terms and Conditions Employment Breaks Childcare 4.4 Additional Information Time off to Attend Adoption Appointments Staff on Fixed Term Contracts Staff on Rotational Training Contracts Mobile Telephones / Pagers

4 4.4.5 Contractual Rights Redundancy during Adoption Leave Redundancy and notice pay Dismissal during Adoption Leave 4.5 Flowcharts Employees intending to return to work Employees who do not intend to return to work 5. Paternity 5.1 Eligibility 5.2 Ordinary Paternity Leave Contractual / Occupational Paternity Leave and Pay Statutory Paternity Pay (OSPP) Procedure for Claiming Ordinary Paternity Leave Returning / Not Returning to Work 5.4 Additional Information Time off for Pre-Paternity Leave Keeping in Touch Days (KIT) Annual Leave and Public Holidays Premature Birth Still Birth Miscarriage Hospital Treatment Adoption Placement 6. Parental Leave 6.1 Eligibility 6.2 Entitlements 6.3 Application Procedure Postponing Parental Leave 6.4 Returning / Not returning to work 6.5 Additional Information Contractual Rights Annual Leave and Public Holidays Keeping in Touch 7. Shared Parental Leave 7.1 Overview 7.2 Eligibility 7.3 Statutory Shared Parental Pay 7.4 Starting Shared Parental Leave 7.5 Notice Period 7.6 Varying Leave 7.7 Cancelling the decision to end maternity or adoption leave 7.8 Shared Parental Leave SPLIT days 7.9 Blocks of Leave 7.10 Employment comes to an end

5 7.11 Annual leave 8. Appendices - Appendix 1 Application for Maternity Leave and Pay Appendix 2 Application for Adoption Leave and Pay Appendix 3 Application for Paternity Leave and Pay Appendix 4 Parental Leave Application - Appendix 5 Notice of entitlement and intention to take Shared Parental Leave - Appendix 6 Notice to take a period of Shared Parental Leave - Appendix 7 Notice of variation or cancellation of intention to take Shared Parental Leave - Appendix 8 Application for unpaid ante-natal appointments - Appendix 9 Shared Parental Leave Flowchart USEFUL CONTACT NUMBERS / WEBSITES LCH Pensions Department: LCH Salaries & Wages Department: Employee Care Services: or care.services@leedsth.nhs.uk Human Resources Department (to submit SW13): Edinburgh Bicycle: or or Lease Cars Department: Mrs Sue Rodriguez

6 INTRODUCTION The aim of these guidelines is to ensure that you are aware of both your entitlements and your responsibilities regarding Maternity, Adoption and Paternity Leave and Pay, and Special Leave. 1. DEFINITIONS A summary of abbreviations and terminology used in the Maternity section of this document: MATERNITY Term: Definition: 4 th Week Date This is the 4 th week before your baby is due i.e. the 36 th week of pregnancy. If you are off sick for pregnancy related reasons on or after this date, your maternity leave automatically commences. 11 th Week Date This is the 11 th week before your baby is due i.e. the 29 th week of pregnancy. This is the earliest date your maternity leave can commence. Statutory Maternity Pay (SMP) is also payable from this date Additional Maternity Leave All employees are entitled to an additional 26 weeks (AML) maternity leave following their period of maternity leave. This means an employee can be on maternity leave for a total of 52 weeks. Average Earnings Average earnings are those earnings in the 8 weeks paid up to the end of the qualifying week which is your 25 th week of pregnancy, i.e. weeks This is expressed as a weekly average. Childbirth In this booklet, childbirth means the live birth of a child, or a Compulsory Maternity Leave EDD Employee Care Services EWC Lower Earnings Limit MATB1 Maternity Allowance (MA) Notification Week still birth after a pregnancy lasting at least 24 weeks. The period of two weeks immediately after giving birth during which the employee is not permitted to work. This is part of the ordinary maternity leave period. The expected date of delivery, i.e. the date your baby is due. The employee care services team provide a range of services and advice to Leeds Community Healthcare employees who have caring responsibilities for children and/or adults. The expected week of delivery i.e. the week in which your baby is due. The point at which an individual is treated as though they have paid National Insurance (NI) contributions. The certificate issued by a doctor or midwife from your 20 th week of pregnancy, showing the date on which the baby is due. If you do not qualify for Statutory Maternity Pay, Maternity Allowance is an alternative benefit which can be claimed via Job Centre Plus if you satisfy various conditions. This is the 15 th week before your baby is due i.e. the 25 th week of your pregnancy. You must inform your line manager at this time of the date you intend to start your 6

7 Occupational Maternity Pay (OMP) Partner Qualifying Week Statutory Maternity Pay (SMP) SW13 maternity leave This is an NHS entitlement, and is paid to those employees who have been continuously employed for 12 months at the beginning of the 11 th week prior to the expected week of childbirth, i.e.29 th week of pregnancy, at one or more Health Authorities or Trusts, AND who intend to return to work following the birth of the baby. OMP operates in conjunction with SMP and is paid to employees working full or part-time hours. For the purposes of this policy, in addition to the husband, or common law partner, this would also include the father (if not covered by the previous categories), adoptive father / partner, or same sex partner, who would be taking the primary role of caring for the child. The qualifying week is the 15 th week prior to your expected date of delivery. It is used when calculating entitlement to Statutory Maternity Pay (SMP). This is a legal entitlement and is the minimum level of maternity pay due to employees who meet the requirements of the scheme. You may qualify for this benefit if you already worked for the Trust before you became pregnant and you earn at least enough to be relevant for National Insurance purposes. Maternity Leave Application Form A summary of abbreviations and terminology used in the Adoption section of this document: ADOPTION Term: Definition: Additional Adoption Leave All employees are entitled to an additional 26 weeks (AAL) adoption leave following their period of ordinary adoption leave. This means an employee can be on adoption leave for 52 weeks in total. Adoption The act of legally placing a child with a parent or parents other than those to whom they were born. An adoption order has the effect of several parental responsibilities and rights of the original parent(s) and transferring those responsibilities and rights to the adoptive parent(s). Employee Care Services The employee care services team provide a range of services and advice to Leeds Community Healthcare employees who have caring responsibilities for children and/or adults. Expected Date of The expected date the child will start living with you. Placement Matching Certificate Matching Date A certificate completed by an appropriate adoption agency which confirms that the named person has been matched with a child for adoption. The date you receive notification that you have been matched with a child. 7

8 NHS Contractual Adoption Pay Ordinary Adoption Leave (OAL) Partner Statutory Adoption Pay (SAP) SW14 This is an NHS entitlement, and is paid to those employees who have been continuously employed for 12 months on the date you are matched with a child for adoption, AND who intend to return to work. A period of 26 weeks adoption leave. For the purposes of this policy, in addition to the husband, or common law partner, this would also include the father (if not covered by the previous categories), adoptive father / partner, or same sex partner, who would be taking the primary role of caring for the child. This is a legal entitlement and is the minimum level of adoption pay due to employees who meet the requirements of the scheme. Adoption Leave Application Form A summary of abbreviations and terminology used in the Paternity section of this document: PATERNITY Term: Definition: Employee Care Services The employee care services team provide a range of (ECS) services and advice to Leeds Community Healthcare employees who have caring responsibilities for children and/or adults. Expected Date of The expected date the child will start living with you. Placement MATB1 Matching Certificate Ordinary Paternity Leave Partner Statutory Paternity Pay (SPP) The certificate issued by a doctor or midwife from your 20 th week of pregnancy, showing the date on which the baby is due. A certificate completed by an appropriate adoption agency which confirms that the named person has been matched with a child for adoption. A period of 2 weeks leave available to all staff who meet the eligibility criteria. For the purposes of this policy, in addition to the husband, or common law partner, this would also include the father (if not covered by the previous categories), adoptive father / partner, or same sex partner, who would be taking the primary role of caring for the child. A weekly payment made by employers to employees during Ordinary Paternity Leave. SPP is payable for a maximum of 2 weeks at the standard rate, or 90% of the employees average weekly earnings, if this is lower than the standard rate. 8

9 A summary of abbreviations and terminology used in the Shared Parental Leave section of this document: SHARED PARENTAL LEAVE Term: Definition: Partner The child s biological father or partner of the mother/adopter. This can be spouse, civil partner; or a partner who is living in an enduring relationship with the mother and the child. SPL Shared Parental Leave ShPP Statutory Shared Parental Pay Continuous Leave A period of leave that is taken in one block e.g. four weeks leave Discontinuous Leave A period of leave that is arranged around week where the employee will return to work e.g. an arrangement where an employee will work every other week for a period of three months SPLIT days Shared Parental Leave in Touch days Match Where an adopter is approved to adopt a named child or children Curtail Where an eligible mother brings her maternity/adoption leave and, if appropriate, pay allowance entitlement to an early end. This is sometimes referred to as reducing the maternity/adoption leave period or reducing the maternity/adoption pay or maternity allowance. 9

10 3. MATERNITY 3.1 Maternity Checklist WHEN WHAT TO DO WHY When your pregnancy is confirmed You may choose to inform your manager that you are pregnant. To enable a risk assessment to be undertaken on your post Read the Maternity / Adoption / Paternity & Parental Leave Entitlements Guide for Staff Look on Elsie for information and to book onto the Maternity / Paternity / Adoption Workshops run by Employee Care Services To arrange paid time off for ante-natal appointments To protect rights to: - Statutory Maternity Pay - Paid / Unpaid Maternity Leave - Return to work No later than 12 th week of pregnancy From 20 th week of pregnancy At 25 th week of pregnancy (15 th week date) At 29 th week of pregnancy (11 th week date Discuss options regarding childcare vouchers or salary sacrifice schemes with a member of the Employee Care Services Team Obtain Maternity Certificate (form Mat B1) from your midwife or GP You must have completed the SW13 form with your Manager and submitted it to HR with your MATB1 by this date Your Manager should have completed a SW2 and sent it to payroll This will ensure you do not lose out financially, either in childcare vouchers / nursery salary sacrifice savings or maternity pay. This will confirm the date that your baby is expected. The Trust must receive your Mat B1 form at least 28 days before you intend to start your maternity leave, otherwise your maternity pay may be affected To protect your rights to maternity leave and pay Maternity leave can commence from this date. Maternity pay will be payable from this date, provided that you have ceased work and commenced maternity leave. Before you commence your maternity leave Put an appropriate out of office notice on your NHS account/s Notify the IT helpdesk at Computer.helpdesk@nhs.net to advise them that you intend to be away from work for more than 6 months and are not planning to access your account To enable your account to be suspended but not deleted from the system during your period of leave 10

11 3.2 HEALTH AND SAFETY Risk Assessment Your line manager will be required to conduct at least one risk assessment on your post to ensure that there are no hazards within your job or workplace that may affect your health, or the health of your baby, whilst you are pregnant or breastfeeding. It may be appropriate to conduct more than one risk assessment as you progress through your pregnancy. You may like to ask your manager for a copy of any risk assessments that have been undertaken Alternative Employment during Pregnancy Where your manager considers that you or your unborn child would be at risk were you to continue in your normal duties, but your GP does not advise you to refrain from work altogether; the Trust will seek to provide alternative work for you. Where suitable alternative employment is not available, you will be asked to refrain from work on health and safety grounds, on normal pay, until you give the appropriate notice to commence maternity leave. 3.3 ANTE-NATAL CARE All pregnant staff, regardless of length of service with the Trust are entitled to reasonable paid time off to receive ante-natal care. This may include not only medical examinations, but also parent-craft or other classes or treatments which are advised by your midwife or medical practitioner. You will need to inform your line manager that you are pregnant so that a risk assessment can be conducted and time off with pay for ante-natal care can be arranged. Except for the first appointment, you may be asked to produce: A certificate of pregnancy (from a registered Medical Practitioner) An appointment card or other documentary evidence The Employee Care Services Team organises maternity/paternity workshops which run monthly and you may wish to attend. This provides general information about maternity entitlements and advice about childcare options and benefits. Further details can be found on ELSIE. Fathers and partners of pregnant women are entitled to unpaid time off to attend two antenatal appointments. An employer is not entitled to ask for any evidence of the appointments, such as an appointment card, as this is the property of the expectant mother attending the appointment. However the Trust is entitled to ask the employee for a declaration (Appendix 11) stating the date and time of the appointment, that the employee qualifies for the unpaid time off through his or her relationship with the mother or child, and that the time off is for the purpose of attending an antenatal appointment with the expectant mother that has been made on the advice of a registered medical practitioner, nurse or midwife. A maximum of 6 and a half hours for each appointment will be allowed and there is no qualifying period to exercise this right for the employee. 11

12 Intended parents in a surrogacy case who meet the conditions set out under the Human Embryology and Fertilisation Act 2008 will also have the right to unpaid leave to attend up to two antenatal appointments. 3.4 MATERNITY LEAVE All pregnant employees, regardless of length of service, are entitled to take up to 52 weeks maternity leave. Maternity leave may commence at any time after the 11 th week before the employee s expected week of childbirth. The employee is not obliged to start her maternity leave at this time and may work right up to the date of childbirth, subject to being well and subject to health and safety regulations. An employee may not work during the two weeks of compulsory maternity leave immediately after the birth of her baby Application Procedure To claim maternity leave, you must inform your line manager of the date you intend to start your leave, and complete the application process by the 15 th week before your baby is due, (this means that you will be around 25 weeks pregnant). If this is not possible, this must be done as soon as is reasonably practicable. You will need to: Complete Part A of the Maternity Leave Application Form SW13, see Appendix 1. Ask your Manager to complete Part B of the Maternity Leave Application Form SW13. Submit the completed Maternity Leave Application Form - SW13 and your original Maternity Certificate (Mat B1) to the HR Department. (Your Mat B1 will be returned to you as soon as is reasonably practicable). Your manager will: Compete Part B of the Maternity Leave Application Form SW13. Complete a SW2 and send it to payroll confirming your maternity leave dates. Following receipt of your application, the Human Resources department will confirm in writing to the employee: Your paid and unpaid leave entitlements The date you are expected to return to work, this will normally be based on 52 weeks leave unless you have stated that you will be returning earlier. The fact that you will be required to give the Trust at least 56 days (8 weeks) notice if you wish to return to work before the date that has been agreed. If you wish to change the date your maternity leave commences for any reason, you must give 28 days notice, or as much notice as is reasonably practicable Commencing Maternity Leave You must continue to work up to your 29 th week of pregnancy (11 th week date). You can choose to begin your maternity leave at any time after this date. If you wish to work beyond your 11 th week date, you are strongly advised to check with your doctor that you are fit to do so. 12

13 3.4.3 Annual Leave Annual leave, including bank holidays will continue to accrue throughout your maternity leave, whether on paid or unpaid leave. Employees with a term time only contract whose monthly salaries include payment in lieu of holidays as standard, will accrue annual leave after the first 8 weeks of annual leave. Employees are encouraged to take any outstanding annual leave due to them before commencing maternity leave, or before returning from maternity leave. You must discuss your annual leave entitlement and how this will be taken with your line manager, prior to commencing your maternity leave Carry-over of Annual Leave An employee cannot take paid annual leave whilst on maternity leave, therefore when an employee s maternity leave spans two annual leave years, she must take holiday for the current year before commencing maternity leave, and be able to take leave accrued in the next annual leave year after maternity leave. Where the amount of accrued annual leave would exceed statutory carry over provisions, it is encouraged that the employee takes their annual leave immediately after the formal maternity leave period. Annual leave should be discussed between the staff member and line manager, and director approval should be obtained Keeping in Touch Days (KIT) Employees are able to carry out up to 10 paid days work during their leave period without bringing the leave period to an end or affecting your pay. This is mainly to carry out training or any other activity for the purposes of keeping in touch with the workplace. You should talk to your manager to agree what kind of contact you will have with your department during your maternity leave, eg: how will you be told about changes that may be happening, which could affect you. This might include job vacancies that occur, or organisational changes that may affect your department It is possible, if you and your manager both agree, for you to work, or attend training for up to 10 days during your maternity leave. You will need to agree the arrangements for this with your manager, including what you will be doing and how you will be paid. With the agreement of your manager, you may also like to use some Keeping in Touch Days to ease your return to work. You will be paid for the actual hours worked, based on your usual contractual pay (ie not locum / agency rates). The hours will need to be included on the timesheet, with a note in the comments column to indicate that this was a KIT day. Although you will be paid only for the hours worked, attendance for all, or part of the day, will count as one of the 10 KIT days allowed. If you work unsocial hours on a KIT day, you will receive the appropriate enhanced rates for this, but not time off in lieu. Whilst there is nothing to prevent you from working some, or all of these days, whilst still in receipt of statutory or contractual maternity pay, it should be noted that pay for hours worked, plus maternity benefits, together cannot exceed pre-maternity full pay. It is therefore generally more beneficial for KIT days to be used when either you are in receipt of SMP only, or have gone onto the unpaid period of maternity leave. 13

14 3.5 MATERNITY PAY All pregnant employees are entitled to 52 weeks maternity leave: this right to maternity leave applies regardless of length of service. The pay that you are entitled to receive during this period will depend on your length of continuous service with Leeds Community Healthcare, or another NHS Employer, and whether your intention is to return to work following your maternity leave. Occupational and Statutory Maternity Pay is treated as pay; therefore tax, NI and where appropriate, pension contributions should be deducted in the usual way. Details of the pay and service requirements are detailed below: Statutory Maternity Pay (SMP) Option 1(a) You will be eligible to receive SMP from the Trust if: you have completed 26 weeks service with the Trust up to and including the end of the 25 th week of pregnancy (15 th week prior to the expected week of childbirth), your average weekly earnings are at or above the National Insurance Lower Earnings Limit. (To confirm entitlement please contact the salaries and wages department). you notify us by completing the SW13 and MATB1 before the end of the 15 th week before the expected week of childbirth. SMP is paid for a period of 39 weeks. There are two rates of SMP: Higher Rate: the higher rate of SMP. Lower Rate: the lower rate of SMP is a set amount reviewed each year. The current rate can be found on SMP is paid as follows: Weeks Maternity Pay (less than 12 months continuous service) % of earnings (includes higher rate SMP) 7-39 Lower rate SMP or 90% of average weekly earnings, whichever is less No pay Occupational Maternity Pay (OMP) Option 1(b) You will be eligible to receive the enhanced benefits of OMP from the Trust if: you have completed 12 months continuous NHS 1 service by your 29 th week of pregnancy (11 th week prior to the expected week of childbirth) you intend to return to work you notify us by completing the SW13 M and MATB1 before the end of the 15 th week before the expected week of childbirth. Occupational Maternity Pay is paid as follows: Weeks Maternity Pay (more than 12 months continuous service) 1-8 Full pay (includes Statutory Maternity Pay or Maternity Allowance, if 1 NHS Employers include Health Authorities, NHS Boards, NHS Trusts, Primary Care Trusts and the Northern Ireland Health Service. Please note this does not include service with a GP practice. 14

15 eligible) 9-26 Half pay + Statutory Maternity Pay if eligible, (providing this does not exceed full pay) Statutory Maternity Pay (if eligible) No pay NB. You may be eligible for OMP, which is based on continuous service with the NHS, and simultaneously not be eligible for SMP which is based on service at this Trust Deferred Benefits Option 1(c) You may have accrued the required service to qualify for Occupational Maternity Pay, but are undecided as to whether you will want to return to work at the end of your maternity leave. In this situation, it is possible to leave open the decision about whether to return to work until after the birth of your baby. Your right to return to your job will be protected and at this time you can receive maternity pay of: Weeks Maternity Pay (more than 12 months continuous service but undecided if returning to work) % Full Pay 7-39 Statutory Maternity Pay (if eligible) No pay If you do decide to return to your post at the end of your maternity leave, all outstanding monies, in excess of the 6 weeks already received, will be paid to you in full Maternity Allowance Option 2 This section applies to: staff who have less than 26 weeks continuous service with the Trust, as at the end of the 15 th week before the expected week of childbirth or staff whose average earnings do not meet the lower earnings limit for NI contributions If you are not eligible to receive Statutory Maternity Pay, the payroll department will notify you and will send form SMP1 to you. You can take this form to Job Centre Plus, and may be able to claim Maternity Allowance (MA) which is paid by the Benefits Agency Not Returning to Work Option 3 If you have completed 1 year s continuous NHS service by your 29 th week of pregnancy (11 th week prior to the expected week of childbirth), and have decided that you do not wish to return to work, you should resign from your post and complete an SW3 form, thus giving up your right to return to work. In this situation you will receive Statutory Maternity Pay if you are eligible to receive this How your pay is calculated Both Statutory and Occupational Maternity Pay are based on your average weekly earnings over the eight week period prior to the end of the 15 th week prior to the expected week of childbirth (25 th week of pregnancy), i.e. weeks of pregnancy. 15

16 Therefore: If you are on unpaid leave during this period e.g. on a Career Break, or still on unpaid maternity leave from a previous pregnancy, you will not be entitled to either Statutory or Occupational Maternity Pay. Similarly if you are in receipt of childcare vouchers, or are using salary sacrifice to pay for nursery fees, these salary sacrifice arrangements have the effect of reducing your basic pay and the associated tax and NI contributions, which will in turn affect the level of maternity pay that you receive. Please see section 4.7 below for further information. NB: If you are absent from work due to sickness, and are in a period of half pay or no pay during the whole or part of the period used for calculating your maternity pay, average weekly earnings for the period of sickness absence will be calculated on the basis of notional full sick pay Pay and Deductions during Maternity Leave You will be paid through your bank account in the usual way during the paid part of your maternity leave. National Insurance Contributions and Income Tax will be deducted from your salary/wage as normal. Other financial deductions or factors that may impact on your pay, are as follows: NHS Pension Scheme If you are a member of the NHS Pension Scheme, your contributions will continue to be deducted from your salary throughout the period of your paid maternity leave. You will also be eligible to make pension contributions to cover your period of unpaid maternity leave. On your return to work, you will be advised of the amount payable. These will normally be recovered over the same period of time as the unpaid leave. Annual Increments If you receive a pay award or annual increment before the paid maternity leave period begins, your maternity pay will be calculated as though the pay award or annual increment had been in effect throughout the entire SMP calculation period. If you receive a pay award or annual increment during the paid maternity leave period, the maternity pay due from the date of the award or annual increment should be increased accordingly. Trade Union or other Subscriptions If subscriptions are usually deducted from your pay and you wish to continue to subscribe during your period of unpaid maternity leave, you will need to make your own individual arrangements direct with your Trade Union or the Hospital Fund. Lease Cars If you have a lease car, the scheme provides the option to return the vehicle to the Trust during your maternity leave or to retain the car for your own private mileage at the contracted price. To discuss the options available, you should contact the Lease Car Department on Salary Sacrifice Schemes 16

17 A salary sacrifice scheme is an agreement between an employer and an employee to change the terms of the employment contract to reduce the employee s entitlement to cash pay, usually in return for a non cash benefit: - Car Scheme There are implications for ordinary maternity pay for an employee who has a salary sacrifice car scheme. However the employer has an obligation to provide all noncash benefits whilst the employee is on maternity leave, and the salary sacrifice car scheme includes maternity, paternity and adoption cover. One claim can be made within the contract subject to the maximum level of cover provided of 2,000 over a six month period. The cover excludes employees that are pregnant or in the process of adopting a child from the date the vehicle is delivered until the vehicle has been on contract for six months. Therefore in order for a claim to be made, HR need to provide copies of the Mat B1 and the letter confirming the employee s entitlement to maternity leave to the lease car providers. - Cycle to Work Scheme There may be an impact on your entitlement to Statutory Maternity Pay as it will be calculated on your reduced pay. We advise you to seriously consider the effect that a reduction in pay may have before you decide to join the scheme. For more information about the effect joining the scheme may have on your salary please contact the salaries and wages department. During maternity leave, you will continue to have the bike and equipment on loan during your absence with your gross salary still at the reduced level according to the salary sacrifice arrangements. If maternity leave takes your monthly salary to below the amount of your salary sacrifice, your payments will be suspended until you are earning again, and the loan period will be extended accordingly. - Childcare Vouchers / Nursery Salary Sacrifice Scheme If you wish to continue using your childcare during your maternity leave you can continue to take childcare vouchers, or to use a childcare place in one of the Trust nurseries, via the salary sacrifice scheme, throughout your paid and unpaid maternity leave. If you choose to take this option, then both your Occupational Maternity Pay (OMP) and Statutory Maternity Pay (SMP) will be calculated on the reduced pay that you currently receive under the salary sacrifice arrangement. Alternatively, if you do not wish your OMP/SMP to be reduced, or do not expect to be using childcare during your maternity leave, then you may decide to withdraw from the scheme. This will need to be effected before the 12th week of your pregnancy, as your maternity pay is calculated on the average pay that you receive in the 8 weeks prior to the end of the 15th week before your expected date of childbirth (25th week of pregnancy), i.e. weeks of pregnancy. It is strongly recommended that you discuss your options with a member of the Employee Care Services Team ( ) no later than the 12 th week of your pregnancy. Failure to do so may result in losing out financially, either in childcare voucher / nursery salary sacrifice savings or maternity pay. 17

18 It is your responsibility to contact the Employee Care Services Team or Salaries and Wages Department: failure to do so could result may have financial implications either in childcare voucher/nursery salary sacrifice savings or maternity pay. It is also your responsibility to advise the Employee Care Services Team of your return to work date, to ensure your salary sacrifice deduction is re-instated. 3.6 RETURNING OR NOT RETURNING TO WORK Restrictions on Returning You are not allowed to work for the first two weeks after the birth. If you wish to return within 6 weeks of the birth, the Trust requires medical evidence of your fitness to return to work Failure to return to work If you have been paid Occupational Maternity Pay from the Trust, you must return to work in the Trust, or to another NHS Employing Authority, no later than 15 months from the start of your maternity leave, for a minimum period of 3 months. If you do not return to work within these timescales, or provide satisfactory evidence of new employment, e.g. a payslip or contract of employment from your new employer, you will be asked to repay any monies in excess of 6 weeks at 90% of full pay (less any SMP to which you may be entitled) Notice of Return to Work If you intend to return to work at the end of your 52 weeks maternity leave, you will not need to give any further notification. However, if you wish to return early from maternity leave you must give at least 8 weeks notice Terms and Conditions The Trust has an obligation to allow you to return, where practicable, to the job that you were doing prior to your maternity leave, with the same terms and conditions. If it has not been practicable to keep the exact post open, because of organisational change for example, you would go through a consultation process as detailed in the relevant policy Change of Terms and Conditions If you wish to return to work on reduced hours or consider any of the other models of flexible working outlined in the Flexible Working Policy, this should be fully discussed with your line manager as soon as possible. Employees are encouraged to make requests for flexible working at least 3 months in advance. Any request to change your working arrangements should be made on the Flexible Working application form and this will be considered in line with Trust policy. Whilst every effort will be made to accommodate your preferred working pattern, this will depend on service needs. The Trust is committed to promoting flexible and family friendly working patterns and if your request cannot be accommodated at the present time, you will be given a written explanation of the business reasons for this Employment Breaks The Trust has an Employment Break Policy, which enables employees to request a period of up to 1 year, or in exceptional circumstances up to 3 years away from the Trust, to undertake study, training, work abroad or to care for dependants. 18

19 You may be considering applying for an employment break to follow on from your maternity leave, which your manager would need to agree. However, if you have been paid Occupational Maternity Pay and have received the full contractual maternity pay, you will be asked to repay this if you do not return to work at the end of your maternity leave and move straight on to an employment break. Should you then return from your employment break, any outstanding monies will be repaid to you Childcare If you will need to arrange childcare for when you return to work, you are advised to start to consider this at an early stage. The Employee Care Services Team is available to offer advice and support, in helping you to find appropriate childcare, or on accessing benefits or tax credits. You can book a place on one of the Maternity / Paternity workshops, or one of the co-ordinators will come to your department to meet with you on a one to one basis. The team also provides a Staying in Touch Scheme for parents and their babies, offering sessions on Baby Massage, Baby Yoga and play. Full details are on Elsie. The team can be contacted via telephone: , or on care.services@leedsth.nhs.uk 3.7 ADDITIONAL INFORMATION Sickness If you are absent from work during your pregnancy up to the 36 th week due to illness, you will receive normal statutory and contractual sick pay as outlined in the Sickness Absence Policy. If you are off work ill, or become ill and the illness is pregnancy related after the 36 th week of pregnancy, maternity leave will commence at this point. If you are ill at the end of your maternity leave, following the date that you were due to return to work, normal sick leave provisions will apply Premature Birth If your baby is born alive prematurely, you will be entitled to receive the same amount of maternity leave and pay as if your baby was born at full term. If your baby is born before the eleventh week before the expected week of childbirth, and you worked during the actual week of childbirth, your maternity leave will commence on the first day of your absence. If your baby is born before the eleventh week before the expected week of childbirth and the baby is in hospital, and you are not required to be absent from work by a medical certificate, you may split your maternity leave entitlement taking a minimum period of two weeks leave immediately after the birth, then returning to work and taking the remaining leave following your baby s discharge from hospital Stillbirth 19

20 If your baby is stillborn after the end of the 24 th week of pregnancy, you are entitled to the full period of maternity leave and pay as if your baby had lived Miscarriage If you miscarry the baby before the 25 th week of pregnancy, your absence would be covered by a medical certificate, and normal sick leave provisions will apply. There is no entitlement to paid maternity leave. Where appropriate, managers have the discretion to grant special leave for domestic, personal and family needs in accordance with the Trust s Special Leave Policy Staff on Fixed-Term or Training Contracts Staff on fixed-term or training contracts, which are due to expire after the 11 th week before the expected week of childbirth (the 29 th week of pregnancy), shall, subject to satisfying the qualifying conditions, have their contracts extended, so as to enable them to receive the 52 weeks leave which includes contractual and statutory maternity pay and the remaining 13 weeks of unpaid maternity leave. Where a medical practitioner or other member of staff is participating in a planned rotation of appointments, as part of an agreed programme of training, she shall have the right to return to work in the same or another employing authority, irrespective of whether the contract would have ended if pregnancy and confinement had not occurred. In such circumstances, the contract will be extended to enable the practitioner to complete the agreed programme of training. If there is no right to return to be exercised because the contract would have ended if pregnancy and confinement had not occurred, the failure to return to work provisions do not apply. Employees on fixed term contracts who do not meet the 12 months continuous service may still be entitled to Statutory Maternity Pay Mobile Telephones Arrangements should be made before maternity leave commences, by both the line manager and employee to ensure that mobile phones are returned Contractual Rights During maternity leave, both paid and unpaid, the employee retains all of her contractual rights. Less favourable treatment of a pregnant employee constitutes sex discrimination. Dismissal (or any other detrimental treatment) of a woman who is unable to work because of her pregnancy is unlawful discrimination, and could therefore be challenged by the employee Post-natal Care and Breastfeeding Mothers Employees who have recently given birth should have paid time off for post-natal care. The Trust is required to provide breastfeeding mothers with suitable rest facilities. If you return to work whilst still breastfeeding, you need to inform your line manager, who will discuss any arrangements you need to make Redundancy during pregnancy If your position is made redundant before your qualifying week (the 15th week before the expected week of childbirth) you will not qualify for Statutory Maternity Pay (SMP) but may be able to claim Maternity Allowance from JobCentre Plus. If you are made redundant in 20

21 or after the qualifying week and you meet the qualifying conditions for SMP, you are entitled to receive SMP for the full 39 week period. An employee who is made redundant during her pregnancy will be entitled to any redundancy and/or notice pay that you qualify for. It is unlawful to select a woman for redundancy because she is pregnant. You may have a claim for unfair dismissal and sex discrimination, irrespective of your length of service Redundancy during maternity leave If your position is at risk of redundancy during Ordinary Maternity Leave or Additional Maternity Leave, you are entitled to be offered a suitable alternative vacancy if you are selected for redundancy, where one is available. The new contract must be offered before the end of the original contract and it must take effect immediately on the ending of the original contract. The new contract must be such that: the work to be done by the employee is both suitable and appropriate for you to do in the circumstances the terms and conditions of your employment are not substantially less favourable than if you had continued to be employed under the original contract. An employee must not be selected for redundancy for a reason connected to her pregnancy, the birth of her child or maternity leave Redundancy and notice pay If an employee is to be dismissed by reason of redundancy during pregnancy or maternity leave, she should receive redundancy payment in the normal way. This means statutory redundancy pay and any applicable contractual redundancy pay. Any time spent by the employee on maternity leave, whether Ordinary Maternity Leave or Additional Maternity Leave, should be counted as continuous service when assessing her length of service for the purpose of calculating her Statutory Redundancy Payment. An employee who is dismissed by reason of redundancy during pregnancy or in the 39 SMP period of maternity leave is entitled to be given and paid her contractual notice. The employee must also be paid any outstanding holiday pay. An employee who has qualified for SMP will continue to be paid SMP for the full 39 week period even if she is made redundant Dismissal during maternity leave An employee must not be dismissed because she has given birth. She must also not be dismissed because she has taken maternity leave, or because she has availed herself of any of the benefits of Ordinary Maternity Leave. This applies irrespective of the employee s length of service. The employee should be paid her full SMP entitlement once she has qualified for it. She should continue to be paid Statutory Maternity Pay even if dismissed. 21

22 3.8 FLOWCHARTS Employees intending to return to work Do you intend to return to work with this or another NHS Employer for at least 3 months following maternity leave? Yes Have you been continuously employed within the NHS for 12 months either full or part time by the qualifying week (11 weeks before your expected week of childbirth)? Yes No Option 1(b) You are entitled to 8 weeks full pay, 18 weeks half pay (plus SMP if applicable), 13 weeks at SMP (if applicable) plus a further 13 weeks of unpaid leave. Have you been employed by the Trust for 26 weeks by the qualifying week (15 weeks before your expected week of childbirth)? Yes No Option 2 You are entitled to 52 weeks unpaid leave only. You may be eligible to apply for Maternity Allowance at the Job Centre Plus, payable from the Benefits Agency. Option 1(a) You are entitled to 6 weeks 90% of earnings (includes higher rate SMP), 33 weeks lower rate SMP or 90% of average weekly earnings, whichever is less, plus a further 13 weeks of unpaid leave. Are your average earnings for the 8 weeks calculation period above the National Insurance limit? Yes No 22

23 Employees who do not intend to return to work You are not intending to return to work after maternity leave Have you been employed by the Trust for 26 weeks by the qualifying week (15 weeks before your expected week of childbirth)? No Option 2 You are entitled to 52 weeks unpaid leave only. You may be eligible to apply for Maternity Allowance from the Job Centre Plus, which is paid for by the Benefits Agency Yes Are your average earnings for the 8 weeks calculation period above the National Insurance limit? No Yes Option 3 You are entitled to 6 weeks 90% of earnings (includes higher rate SMP), 33 weeks lower rate SMP or 90% of average weekly earnings, whichever is less, plus a further 13 weeks of unpaid leave. 23

24 4. ADOPTION The Trust recognises that the needs of adoptive parents are just as great as those of natural parents in establishing a relationship with the child and in developing new routines. The adoption provisions are intended to enable a member of staff who wishes to adopt a child to take a period of leave to help the child settle into the family and adjust to new circumstances. 4.1 ADOPTION LEAVE All employees (male or female), regardless of length of service, are entitled to take up to 52 weeks adoption leave, and have a right to return to their job. Adoption leave is available to all employees wishing to adopt a child who have primary care responsibilities for that child. Adoption leave is made up of 26 weeks ordinary adoption leave (OAL), immediately followed by a further 26 weeks additional adoption leave (AAL), giving a total of 52 weeks. Adoption leave and pay are two separate entitlements and should be treated as such for the purpose of these guidelines Eligibility To qualify for adoption leave, you must be an adoptive parent who is newly matched with a child under the age of 18 years for adoption by an approved adoption agency. If there is an existing relationship with the child, such as fostering prior to adoption or when a stepparent is adopting a partner s child, there is no statutory requirement to give adoption leave. However you may be eligible for other leave. Adoption leave is available to: Employees adopting a child on their own, or Employees who are one member of a couple adopting a child together, (in the case of both partners working for LCH, the couple must choose which partner takes adoption leave; the other member may be eligible for Paternity Leave and/or Parental Leave, if they satisfy the qualifying criteria) Application Procedure Give your manager as much notice as possible that you intend to adopt a child. It is recommended that you advise your manager of your intention to take Adoption Leave when you are approved for adopting. Once you know a child will be placed with you an application must be made in writing to the Head of Department within 7 days of being notified by the Adoption Agency that you have been matched with a child unless this is not reasonable practicable. You will need to inform your manager of the possible dates that the child is to be placed with you and when you want your adoption leave to start. The Trust recognises that sometimes timescales can be unpredictable when adoption proceedings are being undertaken. Staff should ensure that their manager is aware that formal steps are being taken to adopt and keep them informed at each stage of the process, including wherever possible likely timescales. 24