Maternity-Paternity- Adoption Leave Policy

Transcription

1 Maternity-Paternity- Adoption Leave Policy

2 MATERNITY, PATERNITY AND ADOPTION LEAVE POLICY Document Type Unique Identifier Document Purpose Document Author Target Audience Responsible Group Human Resources Policy HR-HACW-03 This policy is intended to provide guidance in cases where employees intend to take maternity, paternity or adoption leave under the NHS provisions and/or in accordance with the Statutory Maternity Pay, Statutory Paternity Pay and Statutory Adoption Pay Provisions Chris Nash, Associate Director of Human Resources and Workforce Transformation All Worcestershire Health and Care NHS Trust Staff Quality and Safety Committee Date Ratified 27 th June 2012 Expiry Date 27 th June 2015 This validity of this policy is only assured when viewed via the Worcestershire Health and Care NHS Trust website (hacw.nhs.uk.). If this document is printed into hard copy or saved to another location, its validity must be checked against the unique identifier number on the internet version. The internet version is the definitive version. If you would like this document in other languages or formats (i.e. large print), please contact the Communications Team on or 2

3 Version History Version Circulation Date Job Title of Person/Name of Group circulated to V01 Jan 2012 Human Resources Team EIA Scrutiny Group SDU Senior Management Teams JNCC Policy Group May 2012 JNCC Full Committee July 2012 Quality and Safety Committee Brief Summary of Change Accessibility Worcestershire Health and Care NHS Trust has a contract with Applied Language Solutions to handle all interpreting and translation needs. This service is available to all staff in the trust via a free-phone number ( ). Interpreters and translators are available for over 150 languages. From this number staff can arrange: Face to face interpreting Instant telephone interpreting Document translation British Sign Language interpreting Training and Development Worcestershire Health and Care NHS Trust recognises the importance of ensuring that its workforce has every opportunity to access relevant training. The Trust is committed to the provision of training and development opportunities that are in support of service needs and meet responsibilities for the provision of mandatory and statutory training. All staff employed by the Trust are required to attend the mandatory and statutory training that is relevant to their role and to ensure they meet their own continuous professional development. 3

4 WORCESTERSHIRE HEALTH & CARE NHS TRUST MATERNITY, PATERNITY AND ADOPTION LEAVE POLICY CONTENTS Page No 1 INTRODUCTION 5 2 MATERNITY LEAVE AND PAY Statutory Rights General Conditions Maternity Pay and Leave Entitlements Calculating Maternity Pay Pension Contributions Applying for Maternity Leave Confirmation of Maternity Leave Commencement of Maternity Leave Health and Safety Keeping in Touch Days Return to Work Failure to Return to Work Fixed Term Contracts Undecided about Returning to Work Lease Car 14 3 PATERNITY LEAVE AND PAY NHS Provisions Statutory Provisions Additional Statutory Paternity Leave Additional Leave Applying for Paternity Leave Return to Work 16 4 ADOPTION LEAVE AND PAY General Conditions NHS Provisions Statutory Provisions Applying for Adoption Leave Commencement of Adoption Leave Disruption to the Placement Returning to Work Failure to Return to Work Fixed Term Contracts Keeping in Touch Days 20 5 SURROGACY 20 6 STAFF SUPPORT CO-ORDINATOR 20 7 MONITORING AND REVIEW 20 8 ASSOCIATED DOCUMENTS 20 4

5 Appendix 1. Maternity Entitlements Form 21 Appendix 2. Maternity Pay/Leave Entitlement Table 23 Appendix 3. Standard Confirmation of Maternity Leave Letters 24 Appendix 4. Application for Paternity Leave 33 Appendix 5. Application for Adoption Leave 35 5

6 WORCESTERSHIRE HEALTH & CARE NHS TRUST MATERNITY, PATERNITY AND ADOPTION LEAVE POLICY 1. INTRODUCTION This policy is intended to provide guidance in cases where employees intend to take maternity, paternity or adoption leave under the NHS provisions and/or in accordance with the Statutory Maternity Pay, Statutory Paternity Pay and Statutory Adoption Pay Provisions. The Trust recognises the diversity of its staff and undertakes to apply this policy equitably and fairly irrespective of gender, gender identity, disability, race, age, sexual orientation, religion or belief. In the application of this policy the Trust will recognise its duty to each and every individual employee and will respect their human rights. However, as an employer it also expects that its employees will treat each other in the same way as well as the patients using its services. Effective action shall be taken to deal with discrimination, victimisation or harassment, please see the Equality and Inclusion Policy. 2. MATERNITY LEAVE AND PAY 2.1 Entitlement to maternity leave is a statutory right and women employees, whether employed full or part time, will be granted maternity leave under the terms specified dependent upon their length of service and intention to return to work. 2.2 General Conditions Ante-Natal Appointments An employee who is expecting a baby has the right to reasonable time off with pay to attend ante-natal appointments. This must be agreed beforehand with the manager who may request sight of the appointment card and certificate of pregnancy Time off to attend parent craft and relaxation classes should be approved if there are no classes available outside normal working hours. Incremental Progression Absence on maternity leave, whether paid or unpaid, does not affect the incremental date for salary calculations. Annual Leave/Bank Holidays Annual leave and Bank Holidays will continue to accrue during maternity leave, whether paid or unpaid Periods of paid and unpaid maternity leave will count towards qualifying service for the purpose of additional annual leave based on length of continuous service. These periods of maternity leave will also count towards length of continuous employment Staff may take annual leave either before commencing maternity leave or immediately prior to their return to work, where this falls within the current leave year. Annual leave cannot be taken between paid and unpaid maternity leave or during any period of 6

7 unpaid maternity leave. Staff should be aware that normal provisions regarding the carry over of annual leave will apply Arrangements for annual leave should be discussed with the manager prior to the commencement of maternity leave. Sickness Absence Sickness absence before the start of maternity leave, which is certified as being unrelated to pregnancy shall be treated as sick leave. If, however, the illness is related to pregnancy and occurs during the four weeks before the expected week of childbirth (EWC), then maternity leave shall commence on the fourth day of absence, the first three being treated as sick leave Odd days of pregnancy related sickness during this period may be disregarded if the employee wished to continue working until the maternity leave start date previously notified to the Trust Where an employee submits a medical certificate from a registered medical practitioner, or a self-certificate, to cover absence from:- the date she has notified the Trust that she will return to work following childbirth; or the date she and the Trust have agreed that she will return, or Where no date has been notified or agreed, the first day following the maximum period of maternity leave to which she is entitled. She will be entitled to sick leave in accordance with the Trust s Sickness Policy and Guidelines. Health and Safety Responsibilities An employee must notify her manager of her pregnancy as soon as possible, in order that her manager can undertake the necessary risk assessment, and take action to minimise or eliminate any risk (see Policy for the Employment of New and Expectant Mothers).This must then be kept under review by the manager as the pregnancy progresses to ensure any risks are minimal and managed All managers will identify those posts which may be hazardous for employees who are pregnant, have recently given birth or are breastfeeding and will assess whether reasonable adjustments can be made to the post or establish suitable alternative employment to which the employee may be moved, wherever possible. The employee in question will receive their normal pay for any alternative employment Where a post has been identified as potentially hazardous for pregnant employees, but no suitable alternative employment is available, the employee shall be medically suspended on normal pay for the period they are unable to work because of the potential hazard. 2.3 Maternity Pay and Leave Entitlements An employee s entitlement to maternity leave and pay will depend on: a) Their decision to return to work or not return to work. 7

8 b) Their length of service with the Trust and with the National Health Service. c) whether the employees earnings have been high enough to attract National Insurance contributions. The Maternity pay/leave table (appendix 2) can be used by employees to determine their entitlement. The payments may be made either in line with the NHS Provisions or under the Statutory Maternity Pay (SMP) Provisions, or a combination of both. NHS Provisions An employee working full time or part time will be entitled to paid and unpaid maternity leave under the NHS contractual maternity leave scheme if: i) She has twelve months continuous service with one or more NHS employers at the beginning of the eleventh week before the expected week of childbirth. 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 she can choose when to start her leave this can usually be any date from the beginning of the 11 th week before the baby is born. 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. She provides a MATB1 form from her midwife or GP giving the expected date of childbirth If the qualifying conditions in paragraph are met, the payment shall be as follows: - 8 weeks at full pay less any SMP or Maternity Allowance (including any dependant s allowances) receivable weeks at half of full pay plus any SMP or Maternity Allowance (including any dependants allowances) receivable, provided the total does not exceed full pay weeks at SMP or Maternity Allowance in accordance with the statutory scheme. - Up to 13 weeks unpaid Additional Maternity Leave. By prior agreement with the employer this entitlement may be paid in a different way, for example a combination of full pay and half pay or a fixed amount spread equally over the maternity leave period An employee who satisfies the qualifying conditions of 12 months or more continuous service, but does not intend to return to work with the same or another NHS employer shall be entitled to: 8

9 - 6 weeks at 90% of average weekly earnings. - (Less SMP or the flat-rate National Insurance (NI) Maternity Allowance, including Dependents' Allowance, if receivable.) - 33 weeks at lower rate SMP if the average earnings are over the lower limit for NI contributions. - The 39 weeks leave shall be regarded as service within the NHS An employee who does not satisfy the qualifying conditions of 12 months or more continuous service, will be entitled to up to 52 weeks unpaid maternity leave. There may also be entitlement to SMP subject to meeting the conditions in "Continuous service" means a period of employment calculated in accordance with Sections 210 to 219 of the Employment Rights Act 1996, except that in satisfying the Department of Work and Pensions criteria, breaks in service of less than three months, shall be disregarded and employment with more than one NHS employer shall count towards a period of continuous service A "break in service" is a period between employments with NHS employers of more than 3 months. However, a break in service shall be disregarded (but not count as a period of employment with an employing authority) when it falls into one of the following categories: employment under the terms of an honorary contract; employment as a locum with a general practitioner for a period not exceeding 12 months; a period of up to 12 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 specialty concerned; 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 her return; absence on an employment break in accordance with the provisions of section 36 of the Terms and Conditions of Service Handbook; an absence on maternity leave (paid or unpaid) as provided for in Section 15 of the Terms and Conditions Handbook. A break in service when it is in respect of a period or periods of employment as a trainee with a General Medical Practitioner in accordance with the provisions of the Trainee Practitioner Scheme shall similarly be disregarded. Moreover, such a break in service shall count as a period of employment with an NHS employer. Statutory Maternity Pay Provisions SMP is a state benefit and is payable to an employee who: Has a continuous period of employment with the Trust of 26 weeks or over at the Qualifying Week, which is 15 weeks before the expected week of childbirth (EWC). 9

10 Has received average weekly earnings for the 8 weeks prior to the qualifying week not less than the Lower Earnings Limit (LEL), that is the level at which National Insurance Contributions are paid. Has reached the 11th week before her expected date of childbirth or has been confined SMP can be paid for a maximum of 39 weeks. SMP cannot be paid earlier than 11 weeks before the EWC but can start any time from the 11th week before the EWC right up to the birth of the baby and will still last for 39 weeks The rate for the first six weeks is 90% of the employee s average weekly earnings. For the remainder of the Maternity Pay Period lower rate SMP is paid. This is a set rate which is reviewed each year SMP will be subject to PAYE Income Tax and National Insurance contributions If employees do not qualify for SMP, they may be able to claim Maternity Allowance through Job Centre Plus The following websites are sources of further information about statutory benefits that an employee may be eligible for: i) ii) iii) Calculating Maternity Pay Full pay shall be calculated on the basis of the employees average weekly earnings in accordance with the earnings rules for SMP purposes, subject to the following qualifications:- Pay Awards 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 SMP calculation period. If such a pay award were agreed retrospectively, the maternity pay should be re-calculated 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 should be increased accordingly. If such a pay award were agreed retrospectively, the maternity pay should be re-calculated on the same basis. Sickness Absence 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. 10

11 Salary Sacrifice Schemes Employees receiving Childcare Vouchers under the salary sacrifice scheme will receive reduced maternity pay. To avoid this reduction in maternity pay employees will need to leave the scheme before the 16 th week of pregnancy. Employees are required to give the scheme provider one month s notice of their intention to leave the scheme. For further details employees should refer to the Childcare Vouchers Provider. An employee committed to any other form of salary sacrifice scheme should check their agreement with the provider Any queries in relation to an employee s maternity pay entitlement should be raised with the manager in the first instance. Queries relating to actual maternity pay amounts should be directed to the Trusts payroll provider Shared Business Service (SBS) payroll service desk on telephone number or by sbs.payrolldesk@nhs.net 2.5 Pension Contributions It should be noted that if the intention is to return to work and the employee belongs to the NHS Pension Scheme then pension contributions must be paid for the whole of the maternity leave (paid and unpaid leave). Contributions will be deducted on the pay actually received. If unpaid leave is taken, contributions will be calculated on the pay received immediately prior to going onto no pay. Upon return to work, the Finance Department will calculate the outstanding amount of pension due and will make deductions from the salary payments. Normally these additional contributions will be deducted over an agreed period. 2.6 Applying for Maternity Leave To apply for maternity leave and pay under both the NHS Scheme and SMP, an employee must complete the Maternity Entitlements form (appendix 1). This form must be signed and acknowledged by the manager and then forwarded, together with the Mat B1 form which is provided by the employee s medical practitioner, to Payroll Services as soon as possible, but at latest by the end of the13 th week before the Expected Week of Childbirth If the employee wishes to change the date she wants to start maternity leave she must give 28 days notice. The manager must respond within 28 days confirming the new return to work date after the full entitlement to leave. 2.7 Confirmation of Maternity Leave Following discussion with the employee, the employer should confirm in writing: The employee s paid and unpaid leave entitlements under this agreement, (or statutory entitlements should the employee not qualify under this agreement). Unless an earlier return date has been given by the employee, her expected return date based on her 52 weeks paid and unpaid leave entitlement. The length of any period of accrued annual leave which it has been agreed may be taken following the end of the formal maternity leave. The need for the employee to give at least 28 days notice if she wishes to return to work before the expected return date. See appendix 3 for template letters. 11

12 2.7.2 Change forms should be completed by the manager and sent to the Employment Services team to notify the commencement and end of maternity leave. 2.8 Commencement of Maternity Leave Maternity leave can commence from the 11th week before the Expected Week of Childbirth. It is however, possible to work beyond the 11th week, if the employee feels fit to remain at work If the baby is born prior to the 11th week before the EWC, maternity leave commences on the actual date of childbirth. Prior absence shall be treated as sick leave provided it is supported by a medical certificate If the employee has worked in the actual EWC and is therefore entitled to payment in respect of the work done, the maternity leave shall commence from the first day of absence in the week of childbirth With the agreement of the Employing Organisation, an employee who has given birth prior to the 11th week before the EWC and whose baby is in hospital, may choose to split her maternity leave entitlement, taking a short period of leave immediately after the birth and then returning to work to take the balance of leave following the baby s discharge from hospital In the event of a still-birth after the start of the 24th week before the EWC, the employee shall be entitled to maternity pay and leave entitlements as if the birth had been live. However, in the event of a still-birth prior to the 24th week before the EWC, the maternity leave/pay provisions are not applicable and absence will be treated as sick leave Maternity leave can commence on any day of the week Maternity leave can commence no later than the baby s actual date of birth unless a normal shift has been worked that day, in which case it willl commence the following day. If annual leave has been booked prior to the agreed commencement date of the maternity leave, and the baby is born during this period of annual leave, maternity leave will automatically commence. Normal carry over rules regarding annual leave apply. (See section 2.2.6) In the event that an employee s baby is born alive prematurely, the employee will be entitled to the same amount of maternity leave and pay as if her baby had been born at full term. If an employee is unable to take a period of pre-booked annual leave due to the baby arriving early and the mother is unable to take that leave within the leave year then advice should be sought from the HR department regarding any possible carry over During maternity leave, an employee retains all of her contractual rights except remuneration. 2.9 Health and Safety Where, in the period prior to the commencement of maternity leave, and following a risk assessment, either: 12

13 a. an employee is, in the opinion of a registered medical practitioner, incapable of carrying out all or part of her duties; or b. the Trust or the registered medical practitioner consider that she or the unborn child would be at risk were she to continue in her normal duties but the employee is not advised to refrain from work by a registered medical practitioner, the Trust shall provide suitable alternative work where possible, for which she should receive her normal rate of pay even though the work done might normally attract a lower rate of pay Where the Trust is unable to provide suitable alternative work, the employee will be medically suspended on contracted pay for the period she is unable to work because of the risk Keeping in Touch Days To facilitate the process of Keeping in Touch (KIT) days it is important that the manager and employee have early discussion to plan and make arrangements for KIT days before the employee s maternity leave commences KIT days are intended to facilitate a smooth return to work for women returning from maternity leave An employee may work for up to a maximum of 10 KIT days without bringing her maternity leave to an end. Any days of work will not extend the maternity leave period An employee may not work during the two weeks of compulsory maternity leave immediately after the birth of the baby The work may be consecutive or not and can include training, attendance at meetings or other activities which enable the employee to keep in touch with the workplace KIT days must be arranged by agreement and neither the employee nor the manager can insist upon them The employee will be paid at their basic daily rate for the hours worked, less the 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 have her post risk assessed and appropriate facilities provided To ensure that payment for KIT days is made managers must record KIT days for payroll purposes by ing the SBS Payroll Helpdesk sbs.payrolldesk@nhs.net informing them of: The employee s name. The employee s number. The date(s) of the KIT day. The fact that the time worked represents a KIT day, and the employee has not yet returned to work, but remains on maternity leave. 13

14 2.11 Return to Work An employee who intends to return at the expiry of her full leave entitlement is not required to give any further notice to the Employing Organisation An employee who wishes to return to work before the end of her maternity leave entitlement will need to give the Trust 28 days notice of the date she wishes to return to work An employee who has notified her intention to return to work 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 her maternity leave the employee wishes to return to work on different hours the Trust has a duty to facilitate this wherever possible, with the employee returning to work on different hours in the same job. If this is not possible the Trust must provide written, objectively justifiable reasons and the employee should meet with her manager to discuss options If it is agreed that an employee will return to work on a flexible basis, including changed or reduced hours, for an agreed temporary period this will not affect the employee s right to return to her job under her original contract at the end of the agreed period Women who have recently given birth should be granted time off for post-natal care, e.g. attendance at health clinics if there are no appointments available outside normal working hours Failure to Return to Work If an employee does not return to work after maternity leave, having declared her intention to do so, or fails to submit a copy of her letter of appointment to another NHS employer within 15 months of the beginning of her maternity leave, the Finance Department will reclaim from the employee, a refund of the maternity pay she has received (except for any statutory payments to which she may be entitled.) The refund must be repaid within 12 weeks For pensionable employees, pension contributions are due for the whole of the period up to the date of the letter of resignation where a return to work does not occur Fixed Term Contracts Employees subject to fixed-term or training contracts which expire after the eleventh week before the expected week of childbirth shall, subject to satisfying the qualifying conditions above, have their contracts extended so as to enable them to receive the 52 weeks maternity leave Absence on maternity leave (paid and unpaid) up to 52 weeks before a further NHS appointment shall not constitute a break in service for the purposes of this Policy Employees on fixed term contracts who do not meet the twelve months continuous service condition set out in section above may still be entitled to SMP If an employee cannot exercise her right of return because her contract would have ended, the conditions concerning 'failure to return to work' in section 2.12 shall not apply. 14

15 2.14 Undecided about returning to work If an employee is unsure whether she wishes to return to work at the end of her maternity leave, she will not be entitled to receive Occupational maternity pay whilst she is on leave. Providing she meets the qualifying conditions, she might be entitled to SMP, or Maternity Allowance. She will be entitled to a maximum of 52 weeks leave, the first 39 of which are regarded as reckonable NHS service. Should the employee return to work for the Employing Organisation, or another NHS employer, for a minimum of three months after her maternity leave, she will receive the balance of her NHS maternity entitlements Lease Car If the employee has a lease car they have two options whilst on maternity leave. i) They may continue to use the car and pay the private mileage, in such cases the Finance Department will need to adjust the contract. The monthly payments will continue to be deducted from salary until either the pay ceases or there is insufficient pay to deduct the full monthly amount. If employees are considering unpaid leave, arrangements will need to be made with the Finance department to set up a standing order ensure the payments to the Trust continue. Or ii) They may return the vehicle, in which case there may be a financial penalty on account of the early termination of the contract. 3. PATERNITY LEAVE AND PAY Employees taking Paternity Leave may be entitled to paid leave depending on their length of service. The payments may be made in line with NHS provisions or under the statutory provisions. This leave arrangement will apply to biological, legal and adoptive fathers, adoptive parents or the partner of an adoptive parent. A partner is someone who lives in an enduring relationship, but is not an immediate relative. The employee must have, or expect to have, shared responsibility for the baby s upbringing. Paternity leave is only available to one person per pregnancy. 3.1 NHS Provisions There is an entitlement to two weeks paid leave including Statutory Paternity Pay (SPP), which will be granted to a member of staff, provided he/she has a minimum of 12 months continuous service within the NHS by the estimated date of childbirth/adoption. Only one period of occupational paternity pay is ordinarily available even where there is a multiple birth The entitlement to the Paternity Leave must be taken within 6 weeks of the baby s birth/adoption, unless a prolonged stay in hospital delays the baby s return home, in which case the manager has discretion to defer the period of paternity leave The leave may be used for: 15

16 attendance at the birth itself, including multiple births providing support and care for the newborn baby, the mother and any other young children at home, either whilst in hospital, when the family leave hospital or in the weeks following the birth. Compassionate leave in the event of neonatal death Reasonable time off to attend ante-natal classes will also be given (See section 2.2.1) Staff who are not eligible for the NHS Provision should refer to the Statutory Provision. 3.2 Statutory Provisions This leave arrangement will apply to biological, legal and adoptive fathers, adoptive parents or the partner of an adoptive parent. A partner is someone who lives in an enduring relationship, but is not an immediate relative. The employee must have, or expect to have, shared responsibility for the baby s upbringing. The employee must have 26 weeks continuous service ending with the 15 th week before the baby is due Eligible employees can choose to take either one week or two consecutive weeks of paternity leave. It cannot be taken as odd days or as two separate weeks Leave must be completed within 8 weeks of birth/adoption placement Paid leave will be at standard rate (contact the Benefits Agency for current rates). However, to qualify, an employee must have average earnings over a set period above a set amount. Payroll Services will advise individuals on eligibility Eligible employees must notify the Trust at least 15 weeks before the expected date of childbirth OR within 7 days of being matched, of: expected date of childbirth/expected date of adoption placement; whether one or two weeks leave is requested; and the date on which it is intended to start leave. This can be by specifying a date or by reference to birth/placement An employee who is not entitled to either NHS or Statutory paternity provision may still take a period of two weeks unpaid paternity leave. 3.3 Additional Statutory Paternity Leave An employee who is eligible for statutory paternity leave also has the right to take additional statutory paternity leave (ASPL) and receive additional statutory paternity leave pay (ASPLP) ASPL allows an employee to take up to 26 weeks leave to care for the child The employee will only be able to start their ASPL: 20 or more weeks after the child s birth or in the case of adoption, after the child is placed for adoption 16

17 Once their partner has returned to work from statutory maternity or adoption leave The employee s ASPL will have to have ended by the point at which their partner s additional maternity or adoption leave would have ended, i.e. the end of the 52 nd week after their partners statutory maternity or adoption leave began The employee will only receive ASPLP during the time their partner would have been receiving statutory maternity or adoption pay Change forms should be completed by the manager and sent to the Employment Services team to notify the commencement and end of ASPL and ASPLP. The Paternity Leave Application Form (appendix 4) should also be completed and sent to the Employment Services Team. 3.4 Additional Leave An additional period of leave may be needed when: there are complications during/after pregnancy there is a premature birth there are other children to be cared for at home This additional leave should be annual leave, unpaid leave or carer leave depending upon the circumstances. There may also be provision for allowing the member of staff to make the time up. The manager must discuss with the employee: when the leave is to be taken and if any additional time off is needed how much is needed 3.5 Applying for Paternity Leave Staff requiring paternity leave should apply to their manager, and will need to complete the necessary form. This is the Trust s Paternity Leave Application Form (appendix 4) if the employee is eligible for NHS provision, or SC3 Becoming a Parent (obtained from for statutory provision. 3.6 Return to work An employee who qualifies for paternity leave is entitled to return to the same job, the same terms and conditions of employment and not be subject to a disadvantage, unfair treatment or dismissal as a result of the paternity leave. 4. ADOPTION LEAVE 4.1 General Conditions This will be available to people wishing to adopt a child and who have primary carer responsibility for that child The leave should cover official meetings in the adoption process as well as time after the adoption itself. 17

18 4.1.3 The agreement for time off after the adoption is intended to cover circumstances where the child is initially unknown to the adoptive parents. If there is an established relationship with the child, such as fostering prior to adoption, time off for official meetings only will be granted In cases where both adoptive parents are employed by the Trust, this entitlement may be granted to one adoptive parent. The other will be entitled to paternity leave (see section 3) In cases where an adoptive parent is employed by the Trust but will not be the partner taking adoption leave, there is an entitlement to paternity leave and pay (see section 3) All staff are entitled to 52 weeks adoption leave. Qualifying criteria for paid adoption leave are given below. 4.2 NHS Provisions Where staff do not qualify for the NHS Provision, the Statutory Provision will apply. Where the child is below age 18 adoption leave and pay will be granted as follows: An employee with 12 months continuous service with the NHS at the week in which they are notified of being matched with the child for adoption and who intends to return to work will be entitled to 39 weeks paid leave. This will be: - 8 weeks at full pay less any Statutory Adoption Pay weeks at half pay plus the flat rate Statutory Adoption Pay, provided the total does not exceed full pay and that the average earnings are over the limit for NI contributions weeks at Statutory Adoption Pay provided that the average earnings are over the limit for NI contributions. Plus - Up to 13 weeks unpaid Additional Adoption Leave An employee who has twelve months or more continuous service, but does not intend to return to work with the same or another NHS employer shall be entitled only to pay equivalent to Statutory Adoption Pay, which is paid at 90% of the average earnings for the first six weeks of the adoption leave and to the flat rate Statutory Adoption Pay, (subject to meeting the conditions in paragraph 4.2.1) for the following 33 weeks An employee who does not satisfy the qualifying conditions of 12 months or more continuous service, shall be entitled to unpaid adoption leave for a period of 52 weeks together with Statutory Adoption Pay provided they meet the conditions in paragraph If the same organisation employs both parents the period of leave and pay may be shared. If one parent is identified as the primary carer, then he / she should be entitled 18

19 to the majority of the leave with the other parent being entitled to paternity leave and pay. For guidance regarding 'continuous service and break in service please refer to sections and of the Maternity Leave Section. 4.3 Statutory Provisions For staff not entitled to the NHS Provision An employee who is newly matched with a child and has 26 weeks continuous service before the week in which notification of adoption was given will be entitled to up to 52 weeks Statutory Adoption Leave and may also have entitlement to Statutory Adoption Pay. However, to qualify, an employee must have average earnings over a set period above a set amount. Payroll services will advise individuals on eligibility. For full details of the Statutory provisions individuals should contact the Benefits Agency. 4.4 Applying for Adoption Leave An employee must notify their manager, within 7 days of being matched, of the expected date of placement and the date on which they intend to start Adoption Leave. This date may be changed; any such request at short notice will be treated as sympathetically as possible given the needs of the service Staff applying for adoption leave should inform their manager that they wish to apply for adoption leave and complete the application form (appendix 5). This should be forwarded to the manager with the following documentation: A letter from the appropriate agency confirming that adoption is being sought. The matching certificate, issued by the adoption agency, to confirm that a child is being placed. A confirmation letter from the adoption agency that a child is to be placed with them The manager will reply within 28 days of receiving the application, confirming the start date of the Adoption Leave and the date the employee is due to return to work after his /her full entitlement to leave. 4.5 Commencement of Adoption Leave The earliest an employee can commence adoption leave is 14 days before the expected date of placement. It is not possible to stop the leave and start again at a later date should the placement be delayed Change forms should be completed by the manager and sent to the Employment Services team to notify the commencement and end of adoption leave. 4.6 Disruption to the Placement In the event of a disruption to the placement in the following circumstances: 19

20 The employee has commenced leave and is then informed that the placement will not be made. During the adoption leave the child returns to the adoption agency. During adoption leave the child dies. The adoption leave will cease eight weeks after the end of the week in which the disruption took place. In these circumstances the employee will be required to give 28 days notice of returning to work. 4.7 Returning to Work An employee is not required to give notice of return if they intend to take their full entitlement to leave. However, 28 days notice must be given, if returning before the end of the full entitlement An employee who has notified their intention to return to work has the right to return to their job under their original contract and on no less favourable terms and conditions If at the end of the adoption leave the employee wishes to return to work on different hours the Trust has a duty to facilitate this wherever possible, with the employee returning to work on different hours in the same job. If this is not possible the Trust must provide written, objectively justifiable reasons and the employee should meet with their manager to discuss options It should be noted that if the intention is to return to work and the employee belongs to the NHS Pension Scheme then pension contributions must be paid for the whole of the adoption leave (paid and unpaid leave). For more information see paragraph Failure to Return to Work If an employee does not return to work after adoption leave, having declared their intention to do so, or fails to submit a copy of their letter of appointment to another NHS employer within 15 months of the beginning of their adoption leave, the Finance Department will reclaim from the employee a refund of the adoption pay they have received (except for any statutory payments to which they may be entitled.) The refund must be repaid within 12 weeks For pensionable employees, pension contributions are due for the whole of the period up to the date of the letter of resignation where a return to work does not occur. 4.9 Fixed Term Contracts Employees subject to fixed-term or training contracts which expire during the period of adoption leave, shall, subject to satisfying the qualifying conditions above, have their contracts extended to the end of their adoption leave If an employee cannot exercise their right of return because the contract would have ended, the conditions concerning 'failure to return to work' in section 4.8 shall not apply Keeping in Touch Days 20

21 Employees taking Adoption Leave will entitled to Keeping in Touch Days in accordance with section 2.10 of this policy. 5. Surrogacy 5.1 Surrogacy is the practice whereby one woman (the surrogate mother) carries a child for another person (the intended parent(s)) as a result of an agreement prior to conception that the child should be handed over to the intended parent(s) after birth. 5.2 Rights for the surrogate mother (birth mother) The surrogate mother will have the same rights as any other pregnant employee subject to meeting the eligibility criteria detailed in the maternity section of the policy. Entitlement to statutory and occupational maternity leave/pay exists irrespective of whether the employee plans to give her baby to a different parent. 5.3 Rights for the intended parents There will be no entitlement to statutory/occupational maternity leave or pay as these benefits are available only to employees who give birth. The intended parents may be entitled to take unpaid parental leave assuming they qualify for it as per the relevant section of the Guidance on Leave and Provisions for Time Out. The intended parents may be entitled to receive adoption leave/pay in line with the relevant section of the policy, however to be entitled to this the intended parents must be matched with a child through a UK adoption agency. 6. STAFF SUPPORT CO-ORDINATOR 6.1 The Staff Support Co-ordinator is in place to offer help and support to all staff in finding suitable childcare. They are available to support staff during and on return from maternity leave and can provide information regarding childcare vouchers, discounted childcare places, child tax credit and working tax credit. Ann Hart, Staff Support Co-ordinator can be contacted on or mobile MONITORING AND REVIEW 7.1 In line with Agenda for Change, this procedure is subject to joint monitoring and shall be reviewed by the HR Department and the JNCC every three years, following implementation. 8. ASSOCIATED DOCUMENTS Policy for the Employment of New and Expectant Mothers Equal Opportunities Policy Guidance on Leave and Provisions for Time Out Sickness Absence Policy Protection of Pay Policy 21

22 Health and Safety Policy 22

23 Appendix 1 MATERNITY ENTITLEMENTS FORM Please complete this form and return it to your manager along with Form MAT B1. Name:... Assignment number:.. Address: Home tel. no:... Job title: Dept/Ward: Work tel. no:... Date of commencement in NHS: Date of commencement with Employing Organisation:. Date of commencement of Maternity Leave: Expected Date of Child birth:.... Please complete the appropriate section below: RETURNING TO WORK I wish to claim maternity leave and pay in accordance with NHS provisions, * I intend to return to work at the end of the 39 week period, therefore my return to work date will be.. * I have over one years continuous service and I intend to take a period of unpaid maternity leave at the end of the 39 week period. I intend to return to work within 52 weeks of commencing maternity leave. I understand that should I wish to return to work prior to my full leave entitlement, I must notify my manager 28 days before my intended return to work date. * Please delete as appropriate 23

24 I confirm that I will remain at work for at least three months following my return. I fully understand that if I fail to return to work or do not complete this three month period I will be required to refund the monies paid in respect of this leave (except for any statutory payments and the first six weeks NHS maternity pay) I am aware that if I am a member of the NHS Pension Scheme, pension contributions must be paid for both paid and unpaid maternity and that the Finance Department will make arrangements to deduct the outstanding amount over a period when I return to work. Signed : Date:.. NOT RETURNING TO WORK I do not intend to return to work but wish to any claim maternity leave and pay to which I may be entitled in accordance with NHS provisions and SMP regulations. Signed: Date:. UNDECIDED ABOUT RETURNING I am undecided about my intentions regarding returning to work following child birth. I understand that by not confirming my intention to return to work, I will not receive any entitlement under the NHS provisions. Therefore, I wish to claim my right to SMP and the first six weeks NHS Maternity Pay (if appropriate). I understand that I will receive the balance of any entitlements should I return to work for the Trust or another NHS employer and remain at work for at least three months. Signed: Date: HAVE YOU ATTACHED YOUR MAT B1? Managers signature: Name: Maternity Entitlements Form and MATB1 form to be sent to: NHS Shared Business Services (Payroll), Waterside House, Town Quay, Southampton, Hampshire, SQ14 2AQ 24

25 Maternity Pay/Leave Entitlement Appendix 2 All staff are entitled to take up to 52 weeks Maternity Leave, but the pay that they will be entitled to depends upon length of NHS service and intention to return to work following maternity leave. Length of continuous NHS service at the 11 th week before EWC 12 months or more 26 weeks to 12 months** Less than 26 weeks*** Returning to work following maternity leave Returning to work following maternity leave Returning to work following maternity leave å æ å æ å æ Yes No Yes No Yes No Full pay 8 weeks N/A N/A N/A N/A N/A ½ pay plus SMP* 18 weeks N/A N/A N/A N/A N/A 90% of average pay N/A 6 weeks 6 weeks 6 weeks N/A N/A SMP** 13 weeks 33 weeks 33 weeks 33 weeks N/A N/A Unpaid leave 13 weeks 13 weeks 13 weeks 13 weeks 52 weeks 52 weeks Total paid leave: 39 weeks 39 weeks 39 weeks 39 weeks N/A N/A * If half pay plus SMP exceeds full pay then only payment up to full pay will be made. ** To qualify for the payment of SMP the employee must have been employed by the Trust for 26 weeks continuously by the 15th week before EWC. The employee must also satisfy the earnings criteria to qualify (see section of policy). *** If less than 26 weeks service, the employee is still entitled to take up to 52 weeks maternity leave, but would not be paid by the Trust hence shows as N/A (not applicable). However, the employee may qualify for Maternity Allowance paid from Job Centre Plus or the Department of Work and Pensions. 25

26 Appendix 3 1. Employee has less than 12 months but more than 26 weeks service with NHS employers at the Qualifying week (15 weeks before the expected week of childbirth) Dear Thank you for notifying me of your pregnancy. I write to confirm your entitlements under the Trust s Maternity Leave policy and statutory maternity provision. I can confirm that, based on your length of service, you are entitled to a maximum of 52 weeks maternity leave. Due to your length of service, you are not entitled to receive NHS Occupational Maternity pay. Either You are entitled to receive Statutory Maternity Pay (SMP) for a maximum of 39 weeks. This can be paid from the 11 th week before the expected week of childbirth, and can start any time up to the birth of your baby. The rate of SMP for the first six weeks of your maternity leave is 90% of your average weekly earnings, and thereafter is paid at the lower rate. It is calculated by working out your average weekly earnings over a reference period, usually the 8 weeks up to and including the 15 th week prior to the expected week of childbirth. See for current rates. Or I can confirm that you are not eligible to receive Statutory Maternity Pay (SMP) as your average weekly earnings are below the lower earnings limit. You may be entitled to receive maternity allowance, see to see if you qualify. Please note that if you are receiving Childcare vouchers, or are taking part in any other salary sacrifice scheme, this may impact on your level of pay. If employee has indicated that they wish to return to work: Your latest date of return to work, based on you taking your maximum entitlement of 52 weeks leave, is. Or, if employee has agreed an earlier return date, You have indicated that you wish to return to work on.. Should you subsequently decide you wish to return to work on a different date, you must give us at least 28 days notice of your intentions. If you wish to return on the above date, no further notice is necessary. If employee has indicated they do not wish to return to work: You have stated that you do not wish to return to work after the birth of your baby, so may I take this opportunity to thank you for your hard work for the benefit of the Trust. If employee is undecided about returning to work: You are as yet undecided about whether you wish to return to work. Your latest date of return to work, based on you taking your maximum entitlement of 52 weeks leave, is. If you decide you do not wish to return to work, or you wish to return earlier than the above date, please notify us no later than 28 days before the above date. Your annual leave entitlement for this holiday year is, and at today s date you have outstanding. We have agreed that you can take this prior to the commencement of your maternity leave / at the end of your formal maternity leave, prior to your return. This means you will in fact return to the workplace on.(delete if not applicable). Please note that normal annual leave carry over rules apply. Please note, you are not able to take annual leave during your maternity leave, or between your periods of ordinary and additional maternity leave. 26