MATERNITY, ADOPTION, MATERNITY SUPPORT LEAVE (PATERNITY) AND PARENTAL LEAVE POLICY

Transcription

1 HUMAN RESOURCES POLICY MATERNITY, ADOPTION, MATERNITY SUPPORT LEAVE (PATERNITY) AND PARENTAL LEAVE POLICY DOCUMENT REF: PHRLMATER (Version No. 1.0) Name and designation of policy author(s) Approved by (committee, group, manager) Approving signature Date approved Paul Cooper HR Business Advisor Integrated Governance Board Minutes of meeting received 25 th June 2014 Review date Policy written: June 2014 Next Review: May 2017 Review type (annual, three yearly) Three yearly Target audience Links to other strategies, policies, procedures Protective Marking Classification All CCC employees Career Break Policy, Flexible Working Policy, Special Leave Policy Internal Issue Date: 12 th September 2014 Page 1 of 37 Filename: PHRLMATER Issue No: 1.0

2 Consultation: Impact Assessment Fraud Assessment Authorised by Date Authorised Comments Integrated Governance 25 th No requirement for full June 2014 assessment Committee N/A N/A N/A Circulation/Dissemination: Date added into CCOCOMMS Date added into Q-Pulse 12 th September th September 2014 Date notice posted in the Team Brief 12 th September 2014 Date document posted on the intranet 12 th September 2014 Version History: Date Version Author name and designation Summary of main changes June Paul Cooper HR Business First version Advisor Issue Date: 12 th September 2014 Page 2 of 37 Filename: PHRLMATER Issue No: 1.0

3 CONTENTS 1.0 Introduction Purpose Scope Responsibilities Laws & Regulations Definitions Maternity Leave and Maternity Pay Introduction Who Qualifies for Maternity Leave Health and Safety The Management of Health and Safety at Work Regulations Congenital Disabilities (Civil Liability) Act Terms and Conditions during Leave Increments/Service Annual Leave and Bank Holidays Pension The Right to Time off for Antenatal Care Sickness Prior to Childbirth Pay during Maternity Leave Return to Work Failure to return to work Keeping in touch Application process Maternity Support Leave (Formally Paternity Leave) Introduction Who Qualifies for Leave? Period of Leave Notification Occupational and Statutory Maternity Support Pay Terms and conditions during leave Return to work Issue Date: 12 th September 2014 Page 3 of 37 Filename: PHRLMATER Issue No: 1.0

4 8.7 Application Process Application for Maternity Support (Paternity) Pay/Leave Self Certificate Parental Leave Introduction Who qualifies for Parental Leave Period of Leave Terms and Conditions during Parental Leave Procedure Application Process Application for Parental Leave Adoption Leave Introduction Who qualifies for Adoption Leave Entitlement to pay during Adoption Leave Keeping in Touch (KIT) days during adoption leave Civil Partners Terms and conditions during Adoption Leave Fixed Term and Temporary Contracts Fixed Term Temporary Contracts Entitlement to Adoption Leave Return to Work Application Process Application for Adoption Leave Training Audit References Issue Date: 12 th September 2014 Page 4 of 37 Filename: PHRLMATER Issue No: 1.0

5 1.0 Introduction THE CLATTERBRIDGE CANCER CENTRE NHS FOUNDATION TRUST It is the policy of The Clatterbridge Cancer Centre NHS Foundation Trust to ensure that, as far as possible, employees are able to combine their career and family responsibilities. The Trust recognises that parenthood brings additional responsibilities and is committed to developing and maintaining working arrangements that enable staff to achieve a good work-life balance. Therefore, the purpose of this policy is to set out its policies for complying with this and allowing employees their full rights. The following policies set out the procedure and guidance relating to: Maternity Leave Adoption Leave Maternity Support (Paternity) Leave Parental Leave 2.0 Purpose The organisation's policy is to comply with both the letter and spirit of the law on maternity leave and statutory maternity pay. To this end its aim is to inform all female employees of their entitlement to statutory maternity rights and to ensure that those rights are understood by employees who qualify. The organisation encourages employees to have a balance between their work and family commitments, believing that it ensures a more effective and efficient workforce. This Adoption Leave Policy has been developed to provide employees with guidance as to their entitlements and the procedure to follow for adoption leave. Adoption leave is the right to take paid leave when a child up to 18 years of age is newly placed with an employee for adoption. No employee will be treated less favourably, suffer detriment, or be dismissed because he or she requests, or takes, adoption leave. Issue Date: 12 th September 2014 Page 5 of 37 Filename: PHRLMATER Issue No: 1.0

6 3.0 Scope This policy applies to all employees of the Trust. 4.0 Responsibilities Line Managers The control and management of absence is a management function. Line Managers responsibilities include: Ensuring that all staff in their area of responsibility are aware of and understand this policy. Keeping records of all absences pertaining to this policy including notifying the Human Resources (HR) department of all unpaid absence via the appropriate application forms or through input into the Electronic Staff Record as appropriate. Explaining the implications where pay and / or other benefits may be affected as a result of an individual realising any of the benefits of this policy and ensure that this is fully understood agreed by the individual. Maintaining confidentiality with regards to personal information. Seeking advice from the HR department where the line manager feels additional support would be beneficial. Signposting to appropriate help and support to employees where appropriate Using the stress risk assessment tool found in the management of stress policy with staff as soon as there is any concern by either party regarding an individual s level of stress or a potential future cause of stress. Maintaining contact with employees during any prolonged absence, which may include home visits, and offering support appropriate to the circumstances. Employee Employee s responsibilities include: Being aware of, understanding and adhering to this policy. Following the Trust s procedures in applying for leave to support personal life and / or a request a change to their working hours. Informing their line manager as soon as possible and keeping them updated regularly about time taken to deal with an emergency. Raising with their manager any concerns they have about being able to effectively manage the balance between their work commitments and personal Issue Date: 12 th September 2014 Page 6 of 37 Filename: PHRLMATER Issue No: 1.0

7 circumstances especially if they believe that their work / personal life balance is causing them to be ill or stressed. Maintaining contact with their line manager during prolonged periods of absence. The HR Department The responsibilities of the HR department include Providing advice to employees and managers on the application of this policy. Ensuring the Trust complies with current employment legislation. Providing appropriate training for line managers in the use of this and associated policies. 5.0 Laws & Regulations Managers must be mindful of the statutory requirements laid down in legislation, including the: Social Security Contributions and Benefits Act 1992 Fostering Servicing Regulations 2002 and Fostering of Children (Scotland) Regulations 1996 Children Act 1989 and Children (Scotland) Act 1995 Congenital Disabilities (Civil Liability) Act 1976 Employment Act 2002, especially section 47 Employment Act 2002 Work and Families Act 2006 Part-time Work Regulations 2000 Equality Act 2010 The Employment Rights Act 1996, as amended The Maternity and Parental Leave etc Regulations 1999 (SI 1999/3312) Work and Families Act 2006 draft Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006 Work and Families Act 2006 and the Paternity and Adoption Leave (Amendment) Regulations Issue Date: 12 th September 2014 Page 7 of 37 Filename: PHRLMATER Issue No: 1.0

8 6.0 Definitions THE CLATTERBRIDGE CANCER CENTRE NHS FOUNDATION TRUST Adopter is someone who has been matched with the child for adoption; Agency worker means any person who is supplied by a person ( the agent ) to do work for another ( the principal ) under a contract or other arrangement between the agent and the principal; Employee means an individual who has entered into or works under a contract of employment; Disabled child means a child who is entitled to a disability living allowance within the meaning of Section 71 of the Social Security Contributions and Benefits Act 1992; Employer means the person by whom an employee is employed; Foster parent means a foster parent within the meaning of Regulation 2(1) of the Fostering Servicing Regulations 2002 or Section 2(1) of the Fostering of Children (Scotland) Regulations 1996; Guardian means a person appointed as a guardian under Section 5 of the Children Act 1989 or Sections 7 and 11 of the Children (Scotland) Act 1995; Special guardian means a person appointed as a special guardian under Section 14A of the Children Act 1989 (this applies only in England and Wales). Partner means the other member of a couple consisting of a man and woman who are not married to each other but are living together as if they were husband and wife; or two people of the same sex who are not civil partners, but are living together as if they were civil partners. 'Relative' means mother, father, adopter, guardian, special guardian, parent-inlaw, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, Issue Date: 12 th September 2014 Page 8 of 37 Filename: PHRLMATER Issue No: 1.0

9 sister-in-law, uncle, aunt or grandparent and step-parent, step-son, step-daughter, step-brother and step-sister. Half-blood relatives are also included, as are adoptive relationships and relationships which would have existed but for an adoption, i.e. an employee s natural relatives. 7.0 Maternity Leave and Maternity Pay 7.1 Introduction This policy is intended to be a guide to the entitlements to maternity leave and pay under the Terms and Conditions of Service of Staff covered by the Agenda for Change agreement and the Medical Terms and Conditions for Hospital Doctors and Dentists. It must be remembered that the regulations about maternity leave/pay are very complex and may change from time to time, so it is important that the employee speaks to their Manager and the Human Resources Department as soon as they know they are pregnant. It is the employee s responsibility to claim their entitlements to maternity leave/pay, so they need to make sure they know what they are. If the employee is unsure about their entitlements, advice can be gained either from their Manager and/or the Human Resources Department 7.2 Who Qualifies for Maternity Leave Any woman who is pregnant is entitled to up to 52 weeks maternity leave. The employee entitlement to statutory maternity leave is 52 weeks, made up of 39 weeks Ordinary maternity leave and 13 weeks Additional unpaid leave. Leave can start on any day of the week. Statutory maternity leave (SML) consists of a 26-week ordinary maternity leave (OML) period followed immediately after by a 26-week additional maternity leave (AML) period. All pregnant employees, whether working full time or part time, married or single, temporary or permanent, qualify for the full 52-week maternity leave period. Issue Date: 12 th September 2014 Page 9 of 37 Filename: PHRLMATER Issue No: 1.0

10 Maternity leave shall not commence prior to the beginning of the eleventh week before the expected week of childbirth. 7.4 Health and Safety The Management of Health and Safety at Work Regulations 1994 The law requires employers to make special provision, where necessary, to safeguard the health and safety of new and expectant mothers and their babies. Once an employee has informed their employer in writing that they are pregnant, the manager must carry out a Risk Assessment (contained within the Maternity Booklet which is available on CCCcomms and from the HR department). The assessment takes place in the normal working environment and will take into account the physical, biological and chemical hazards, which may create potential risks. The actual risk depends on the nature, degree and duration of exposure in each particular case; therefore, each case will be looked at on its own merits. The employee should discuss with their manager the risk assessment and whether there are any work related precautions which need to be taken; During their pregnancy For the 6 months following the birth Whilst breast feeding Once the assessment has taken place the manager will decide what appropriate measures to take, with the advice of the Occupational Health Department. This will be communicated to the employee, and the employee will also receive a copy of the risk assessment. Appropriate measures may mean that the working conditions and/or hours of work are temporarily adjusted or the employee is offered suitable alternative work on no less favourable terms and conditions. For as long as the employee remains an expectant or new mother within the workplace, the situation will be kept under review (up to 6 months following the birth). Further Risk Assessments may be carried out at any time at the request of either the employee or their manager. Issue Date: 12 th September 2014 Page 10 of 37 Filename: PHRLMATER Issue No: 1.0

11 7.4.2 Congenital Disabilities (Civil Liability) Act 1976 The employee is strongly advised to consult their General Practitioner to ensure that they are capable of continuing their duties at work without harming the baby, particularly if the duties involve driving, or handling dangerous substances. If the General Practitioner is concerned about the continuation of some or all of the duties the employee must inform the Trust in writing so that appropriate alternative arrangements may be made. Where alternative work is provided the employee will receive no less than their normal rate of pay. Where it is not reasonably practicable to offer suitable alternative employment, the employee may be suspended on full pay. 7.5 Terms and Conditions during Leave Increments/Service Absence due to Maternity Leave whether paid or unpaid will count as service for annual increments and for the purpose of any service qualification period for additional annual leave Annual Leave and Bank Holidays Annual and bank holiday leave will continue to accrue during maternity leave, whether paid or unpaid. Where the amount of accrued annual leave would exceed normal carry over provisions the employee may wish to agree with their manager to take annual leave before and/or after the formal (paid and unpaid) maternity leave period. If the period of their Maternity Leave extends into the next leave year they should ensure where possible that they take any outstanding leave before commencing Maternity leave Pension If the employee is a member of the NHS Pension Scheme, all service during Maternity Leave will be subject to superannuation payments, including any period of no pay. Superannuation payments which have accumulated during the period of no pay will become due on return to work and are repaid at intervals which equate to the period of absence (e.g. superannuation payments which have accumulated over Issue Date: 12 th September 2014 Page 11 of 37 Filename: PHRLMATER Issue No: 1.0

12 a period of 3 months absence on no pay will be deducted over a 3 month period following return to work). Please contact the Pensions Officer for any queries The Right to Time off for Antenatal Care All pregnant employees are entitled to reasonable time off during working hours with pay for antenatal care recommended by a registered medical practitioner, registered midwife or registered health visitor. Once the Children and Families Bill becomes law, the right to attend antenatal appointments will change slightly. First, the right will apply to agency workers as well as to employees. Also, certain employees will be able to take unpaid time off work to attend up to two antenatal appointments for a maximum of six and a half hours for each appointment. The right will be available to employees who are: the husband, civil partner or partner of a pregnant woman the father or parent of an expected child an intended parent in a surrogacy situation There is no statutory definition of antenatal care, but it is thought likely that relaxation classes and parent-craft classes would qualify, provided attendance was recommended by the employee's doctor. An employee is permitted to be paid at her normal hourly rate when absent due to her attendance at an antenatal appointment. The amount of paid time off includes travelling time and waiting time at the hospital or clinic. Note that this right applies to agency workers as of October 2011 once they have completed 12 weeks continuous employment. 7.6 Sickness Prior to Childbirth a. Absence due to sickness prior to the 11th week before the expected week of childbirth (EWC) Issue Date: 12 th September 2014 Page 12 of 37 Filename: PHRLMATER Issue No: 1.0

13 Any sickness absence before the 11th week before the employee s EWC will be treated in line with normal sickness procedure. b. Absence due to sickness between the 11th and 4th week before the week of childbirth (EWC) If the employee chooses to work beyond the 11th week before the EWC, any sickness absence before the 4th week before the EWC will be treated as normal sickness, whether or not it is related to their pregnancy. Maternity leave will commence on the date agreed. c. Absence due to sickness after the 4th week before the expected week of confinement (EWC) If the employee is absent after the 4th week but before the date they have identified as their intention to commence maternity leave, and their sickness absence is certified as being due to pregnancy, maternity leave will begin automatically on the 4th day of absence following the beginning of the 4th week before the EWC. The first 3 days will be dealt with in accordance with the normal sick leave provision. Any sickness absence after the 4th week that is certified as being unrelated to their pregnancy is treated as normal sick leave. 7.7 Pay during Maternity Leave There are three types of maternity pay which the employee may be eligible to receive: Employers Maternity Pay (EMP), paid by the employer, Statutory Maternity Pay (SMP), paid by the employer, on behalf of the Government and Maternity Allowance (MA) paid by Jobcentre Plus. Details of entitlement and timescales for these are contained within the Maternity Leave and Pay Booklet. 7.8 Return to Work By law the employee must not return to work within two weeks of giving birth (see Maternity Compulsory Leave) Regulations Issue Date: 12 th September 2014 Page 13 of 37 Filename: PHRLMATER Issue No: 1.0

14 If the employee intends to return to work before 52 weeks from the start of their maternity leave, then the employee must give the Trust 8 week s notice of the date they intend to return to work. In the absence of such notice it will be assumed that the employee intends to return to work after 52 weeks from the start of their maternity leave. The employee 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 employee s maternity leave they wish to return to work on different hours the employee can make a request under the flexible working policy. If this is not possible their manager will provide written, objectively 7.9 Failure to return to work If the employee has notified their manager of their intention to return to work for the same or a different NHS employer in accordance with section 3, paragraph 2 above but fail to do so within 15 months of the beginning of their maternity leave they will be liable to refund the whole of their maternity pay, less any Statutory Maternity Pay, received Keeping in touch Before going on leave, the employee should discuss and agree with their manager the arrangements for keeping in touch during maternity leave. If the employee and their manager both agree, the employee can complete up to 10 days work under their contract of employment with the Trust during their maternity leave. These are known as Keeping in Touch Days (KIT s). They could be used for mandatory training or to ease the employee s return to work. The manager should agree the arrangements including what the employee will be doing and how they will be paid. Working for part of a day will count as 1 KIT day, however, the employee will be paid for the actual number of hours worked. Issue Date: 12 th September 2014 Page 14 of 37 Filename: PHRLMATER Issue No: 1.0

15 The Trust cannot demand that the employee comes into work at any time during their maternity leave period nor penalize them for refusing to take up a keeping in touch day, nor does the Trust have to offer a KIT day to the employee. However should the employee work KIT days (up to a maximum of 10 days) they will not lose their Statutory Maternity Pay (SMP) for any time during the week they work during the maternity pay period. The employee will be paid the contractual hourly rate (for the actual hours worked), with the minimum pay being equivalent to SMP Application process The employee must notify the Trust in writing of the date they intend to start their maternity leave by the end of the 15th week before their expected week of childbirth or if this is not possible, as soon as is reasonably practicable thereafter. If they subsequently decide to change this date then the employee must give the Trust 28 days notice of the new date or as much notice as possible. The Trust is also entitled to receive confirmation of the actual expected date of childbirth and therefore the employee must provide a MATB1 form from their midwife or General Practitioner. The Trust s application for Maternity Leave / Pay is contained within the Maternity Booklet which is available on CCCcomms and from the HR department. 8.0 Maternity Support Leave (Formally Paternity Leave) 8.1 Introduction This section meets the requirements of the Employment Act 2002 and the Work and Families Act 2006 on maternity support leave and allows the father/partner to care for a new born child or support the child s mother following the birth. 8.2 Who Qualifies for Leave? All eligible employees are entitled to two weeks maternity support leave. The employee must be: the biological father /adoptive father (or mother) of the baby Issue Date: 12 th September 2014 Page 15 of 37 Filename: PHRLMATER Issue No: 1.0

16 nominated carer same sex partner. THE CLATTERBRIDGE CANCER CENTRE NHS FOUNDATION TRUST The leave must be taken to support the mother or care for the new baby - it is not permissible to take the leave for any other purpose. A partner is someone who lives with the mother in an enduring relationship, but not an immediate relative. Please note that although this policy (and the Regulations) refers to father, he and him, this right is available to a same sex partner, and thus should be taken to include those female same sex partners who qualify. 8.3 Period of Leave The employee can choose whether they wish to take one or two weeks leave. Employees cannot take odd days or separate weeks. The employee can only take one period of leave, regardless of how many babies are born as the result of one pregnancy. Leave cannot begin until the birth of the baby. If an employee wishes to take leave from the date of birth and they are working on that day, leave will start from the next day. Leave must be taken within 56 days of the actual date of birth of the child or if the child is born early, within the period from the actual date of birth up to 56 days after the expected week of childbirth. 8.4 Notification An employee must inform the Trust at least 28 days before they want leave to start using the Trust s Maternity Support Leave / Pay Application Form. The Trust will only accept later notification if there is a good reason. The employee must inform the Trust: the expected week of childbirth (EWC); whether they wish to take one or two weeks leave; Issue Date: 12 th September 2014 Page 16 of 37 Filename: PHRLMATER Issue No: 1.0

17 the start date of the leave THE CLATTERBRIDGE CANCER CENTRE NHS FOUNDATION TRUST If an employee wishes to take Parental Leave as well as Maternity Support Leave an application should be submitted at the same time. 8.5 Occupational and Statutory Maternity Support Pay There will be an entitlement to two weeks occupational maternity support pay. Full pay will be calculated on the basis of average weekly earnings rules used for calculating occupational maternity pay entitlements. The employee will receive full pay less any Statutory Maternity Support Pay (SPP) receivable. Eligibility for occupational paid maternity support leave will be 12 months continuous service with one or more NHS employers at the beginning of the week in which the baby is due. On most occasions, if the employee qualifies for leave they will also qualify for Statutory Maternity Support Pay (SPP). The employee must give the Trust at least 28 days notice of when they wish to receive this, but where they are entitled to leave as well, this should be included on the same application form. To qualify for Statutory Maternity Support Pay (SPP), the employee must have worked for the Trust for 26 weeks ending with the 15th week before the baby is due, and must also work for the Trust from the 15th week up to the date of birth. To qualify average earnings must be at or above the Lower Earnings Limit for National Insurance purposes. Statutory Maternity Support Pay (SPP) is treated as earnings, so any deductions, such as tax and NIC, and also pension and trade union subscriptions will be deducted from this. Statutory Maternity Support Pay (SPP) and statutory sick pay cannot be paid at the same time. If the beginning of Statutory Maternity Support Pay (SPP) coincides with a period of sickness the Statutory Maternity Support Pay (SPP) should be postponed. Issue Date: 12 th September 2014 Page 17 of 37 Filename: PHRLMATER Issue No: 1.0

18 8.6 Terms and conditions during leave During leave the employee s contract of employment will continue, Benefits will continue to be accrued that are non pay during the employee s Maternity Support Leave, including annual leave Return to work After Maternity Support Leave, the employee is entitled to return to work to the same job as before the leave, on the same terms and conditions. There will be an entitlement to benefit from any changes to the terms and conditions during the leave period. If Parental Leave is taken after Maternity Support Leave, the right to return remains the same, unless more than four weeks parental leave is taken, in which case the right to return to the same job applies where this is reasonably practicable, and if not they are entitled to be offered another suitable job. If the employee is ill at the end of Maternity Support Leave, then the usual absence procedures should be followed and the employee will be treated as having returned to work but is off sick in the normal way. 8.7 Application Process All applications for maternity support leave must be made on the attached application form and countersigned by the Line Manager. A copy of form Mat B1 given to their partner must be attached to the form. The documents should be forwarded to the HR Department for processing. Issue Date: 12 th September 2014 Page 18 of 37 Filename: PHRLMATER Issue No: 1.0

19 8.8 Application for Maternity Support (Paternity) Pay/Leave Self Certificate Please tick boxes as appropriate Employee Details Full Name: Department: Post Held: Date of commencement of employment with the Trust: National Insurance (NI) Number My parental responsibilities are:- I declare that I am: I am an expectant father and the week my child is expected to be born I am a father and my child was born on I have/will have an adopted child who was/will be placed with me for adoption on The child s date of birth is: I will have responsibility for the child s upbringing I will take time off work to support the mother and / or care for the child Details of maternity support (paternity) leave requested I would like my to start on I request SPP and/or paternity leave from week commencing Number of weeks to week Issue Date: 12 th September 2014 Page 19 of 37 Filename: PHRLMATER Issue No: 1.0

20 Details of supporting documents A certificate of the expected date of childbirth is attached / will be forwarded as soon as possible A copy of the birth certificate of my child/adopted child is attached A copy of the adoption papers (matching certificate) for my child is attached I confirm that the above information is correct and that I have read carefully the guidance notes on Maternity Support (Paternity) Leave Signature of Applicant Date I do*/do not* support the above application and submit the following observations:- Signature of Head of Department Date Note This application should be forwarded to the human resources department. Your entitlement will be checked and subsequently confirmed to you in writing Issue Date: 12 th September 2014 Page 20 of 37 Filename: PHRLMATER Issue No: 1.0

21 9.0 Parental Leave 9.1 Introduction The Trust recognises the need to provide a working environment where its employees can balance the demands of domestic and work responsibilities during periods when they are faced with personal matters which require their absence from work. This section meets the requirements of: The Employment Rights Act 1996, as amended The Maternity and Parental Leave etc Regulations 1999 (SI 1999/3312) The Maternity and Parental Leave (Amendment) Regulations 2001 (SI 2001/4010). Work and Families Act 2006 draft Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006 Definition of Parental Leave An employee who satisfies the qualifying conditions set out in paragraph 2 below will be entitled to take unpaid parental leave for the purpose of caring for a child, i.e. to look after a child or to make arrangements for the good of the child. This could, for example, include settling a child in at a new school or playgroup. This leave is in addition to any entitlement to maternity leave or maternity support / paternity leave. 9.2 Who qualifies for Parental Leave An employee has the right to be absent from work on unpaid parental leave if: he or she has at least 1 year s continuous NHS service, and:- is the parent (named on the birth certificate) or is the child s adoptive parent. The right to take the leave lasts until the child s 14th birthday. is the parent (named on the birth certificate) or is the child s adoptive parent of a disabled child (for whom disability living allowance is awarded) the right to take the leave lasts until the child s 18th birthday Issue Date: 12 th September 2014 Page 21 of 37 Filename: PHRLMATER Issue No: 1.0

22 9.3 Period of Leave An employee is entitled to take 18 weeks unpaid leave in total for each child up to their 5 th birthday. A week s leave is classed as the employee s normal working week. 9.4 Terms and Conditions during Parental Leave The employee will remain employed during the parental leave period but will not receive remuneration. All other contractual rights shall be retained as if the employee had remained at work. If the period of absence is 4 weeks or less the employee is entitled to return to the same job as before. If the absence is for over 4 weeks the Trust will endeavor to allow the employee to return to his or her job after parental leave, or if that is not possible, to a job which is both suitable and appropriate and which has the same (or better) status, terms and conditions as the old job. 9.5 Procedure The employee must produce evidence of his/her responsibility for the child and the age of the child. If the child is disabled the employee must produce evidence of the award of disability living allowance. Leave must be taken in weekly blocks limited to 4 weeks a year. A minimum of at least 28 days notice of requests for leave must be given although applications for leave may be considered if employees are unable to give this notice due to personal circumstances. The Trust has the right to postpone the leave for up to a maximum of 6 months from the date that the employee wished to take the leave if it is felt that the absence would unduly disrupt the service. Issue Date: 12 th September 2014 Page 22 of 37 Filename: PHRLMATER Issue No: 1.0

23 9.6 Application Process All applications for parental leave must be made on the attached application form and countersigned by the line manager. A copy of the completed form should be forwarded to the HR Department for processing. Issue Date: 12 th September 2014 Page 23 of 37 Filename: PHRLMATER Issue No: 1.0

24 Application for Parental Leave (Please Tick Boxes As Appropriate) Employee Details Full Name: Department: Post Held: Date of commencement of employment with the Trust: My Parental Responsibilities Are:- I am a mother and my child was born on I am a father and my child was born on I have/will have an adopted child who was/will be placed with me for adoption on The child s date of birth is: Details of Parental Leave Requested I request Parental Leave from to week ending week commencing Number of weeks NB: No more than 4 weeks in any calendar year [per child] Details of parental leave already taken in the last 12 months from to from to to from to to Issue Date: 12 th September 2014 Page 24 of 37 Filename: PHRLMATER Issue No: 1.0

25 Details of Supporting Documents A certificate of the expected date of childbirth is attached will be forwarded as soon as possible A copy of the birth certificate of my child/adopted child is attached A copy of the adoption papers (matching certificate) for my child is attached I declare that I have not taken any Parental Leave with a previous NHS employer I declare that I have taken the following parental leave with a previous employer Dates / Number of Weeks From to I confirm that the above information is correct and that I have read carefully the guidance notes on Parental Leave (Signature of Applicant) (Date) I do*/do not* support the above application and submit the following observations:- (Signature of Head of Department) (Date) NOTE This Application Should Be Forwarded To The Human Resources Department. The employee s entitlement will be checked and subsequently confirmed to them in writing Issue Date: 12 th September 2014 Page 25 of 37 Filename: PHRLMATER Issue No: 1.0

26 10.0 Adoption Leave 10.1 Introduction The Trusts adoption leave scheme exists to enable eligible employees to take a period of leave to help the adopted child settle into the family and adjust to new surroundings and then return to work. Entitlement to adoption leave will be in line with maternity leave for all adoptions for children under 18. This will be in respect of adoption where an adoption agency notifies the adopter of a match with a child. Adoption leave and pay is not available in circumstances where a child is not newly matched for adoption, for example when a step parent is adopting a partner s child, or there is an established fostering arrangement, however time off for official meetings may be agreed with the employee s line manager. The Trust recognises that the needs of adoptive parents are at least as great as those of natural parents in establishing a relationship with an adopted child and in developing new routines. It is acknowledged that child adoption may bring with it the commencement of what can be an intensive introduction period and leave may be required to cover official meetings in the adoption process before the child is formally adopted. Managers should consider allowing paid leave in line with the arrangement for ante-natal appointments. This section of the policy meets the requirements of the Employment Act 2002 and Work and Families Act 2006 on adoption leave Who qualifies for Adoption Leave Employees who have worked continuously for the Trust for 26 weeks leading into the week in which they are notified of being matched with a child for adoption shall be eligible for adoption leave. An employee who intends to apply for adoption leave must notify their Line Manager within 7 days of being notified by their adoption agency that they have Issue Date: 12 th September 2014 Page 26 of 37 Filename: PHRLMATER Issue No: 1.0

27 been matched with a child for adoption unless this is not reasonably practicable, with details of when the child is to be placed and a date for the start of leave using the attached application form. An employee must be newly matched with a child for adoption by an approved adoption agency. Appropriate documentary evidence in the form of a matching certificate should be supplied as proof of entitlement to adoption as soon as it is known that a child is to be placed with the family and provide appropriate documentary evidence; employment must continue until the child becomes available for placement and the employee must also notify the Line Manager of their intention to return to work for the Trust. For domestic adoptions it is the date on which the child is expected to be placed which matters not the date the child is actually placed. The expected date will be confirmed by evidence, for example the matching certificate, from the adoption agency. For adoptions from overseas the relevant date is the date on which the child enters the UK. Note: Where both adoptive parents are employees of the Trust, only one application will be considered for adoption leave, or the entitlement may be shared, with 1 partner entitled to Maternity Support (Paternity) leave. Leave taken under this section will be in addition to the 18 week Parental Leave entitlement set out in this policy Entitlement to pay during Adoption Leave Part 1) Entitlements for staff who intend to return to work There are two options depending on service with the Trust and/or NHS Employer s Adoption Pay (EAP including SAP) Issue Date: 12 th September 2014 Page 27 of 37 Filename: PHRLMATER Issue No: 1.0

28 If the employee has been continuously employed by the NHS for a period of 12 months ending with the week in which they are notified of being matched with a child / children for adoption they will be entitled to payments as follows:- For the first eight weeks of absence, full pay less any Statutory Adoption Pay (including dependents allowances) receivable. For the next eighteen weeks half pay plus any Statutory Adoption Pay (including any dependents allowances) receivable providing the total receivable does not exceed full pay. For the next 13 weeks they will be entitled to SAP (the current amount can be found at: The final thirteen weeks, leave will be unpaid. In total 52 weeks leave, 39 weeks of which the employee will be paid as detailed above. EAP will be payable to the employee if: The employee continues to be employed by the NHS at the beginning of the week in which the child / children is / are placed with them. The employee must complete the Adoption leave application form not later than 28 days, or, as soon as is reasonably practicable, before the start of their Employers Adoption Leave. This declares their intention to take Employers Adoption Leave and to return to work, for a minimum of 3 months, to this or another employing NHS Trust. Issue Date: 12 th September 2014 Page 28 of 37 Filename: PHRLMATER Issue No: 1.0

29 The employee must submit a matching certificate not later than 28 days or as soon as it is reasonably practicable before the start of Adoption leave. By prior agreement 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 Adoption leave period. Statutory Adoption Pay (SAP) This is a legal entitlement to a certain amount of pay to help an employee (male or female) adopting a child take time off work around the time the child is placed with them. It is available to: individuals adopting a child on their own, or one member of a couple adopting a child together. Part 2) Entitlements for staff who do not intend to return to work If the employee has completed 26 weeks continuous service with the Trust but less than 12 months in the NHS by the end of the week in which they are notified of being matched with a child / children they may be eligible for Statutory Adoption Pay. This is payable for 39 weeks SAP (the current amount can be found at SAP will be payable to the employee if: The employee continues to be employed by the NHS at the beginning of the week in which the child / children is / are placed with them The employee must complete the Adoption leave application form not later than 28 days, or, as soon as is reasonably practicable, before the start of their Employers Adoption Leave. This declares their intention to take Employers Issue Date: 12 th September 2014 Page 29 of 37 Filename: PHRLMATER Issue No: 1.0

30 Adoption Leave and to return to work, for a minimum of 3 months, to this or another employing NHS Trust. The employee submits a matching certificate not later than 28 days or as soon as it is reasonably practicable before the start of Adoption leave Keeping in Touch (KIT) days during adoption leave Employees may carry out up to 10 days work under their contract of service during the adoption leave period without losing their SAP. This allows employees to 'keep in touch' and must be made in agreement with both the employee and their employer. The employer has no right to demand that any such 'keeping in touch' work is undertaken and the employee has no right to undertake such work Civil Partners Couples who register as civil partners gain a package of rights and responsibilities reflecting those available to married couples. For the purposes of SAP/SPP entitlement, this means that exactly the same rules apply to married couples and civil partners Terms and conditions during Adoption Leave Annual leave will accrue during periods of paid and unpaid adoption leave in accordance with normal entitlement. Paid and unpaid adoption leave shall count as service for the purpose of satisfying the service qualification for entitlement to additional annual leave based on years of service in accordance with the employee s staff group agreement. Absence on adoption leave, whether paid or unpaid, shall count towards the normal annual increment on the employee s scale in accordance with that employee s staff group agreement and will not defer the normal incremental date. Issue Date: 12 th September 2014 Page 30 of 37 Filename: PHRLMATER Issue No: 1.0

31 Pension rights and contributions shall be dealt with in accordance with the provisions of the NHS Pension Scheme Regulations Fixed Term and Temporary Contracts Fixed Term If the employee is on a fixed term contract, the employee may be entitled to paid Adoption leave. This will depend on: Length of Continuous Service in the NHS and with the Trust Length of fixed term contract Average Earnings Temporary Contracts If the employee is on a temporary contract, they may be entitled to paid Adoption leave. This will depend on: Length of continuous service in the NHS and with the Trust Average Earnings For advice on eligibility for Adoption pay and the right to return to their role in the Trust the employee should contact the Trust s HR Department Entitlement to Adoption Leave Adopters will be entitled to up to 39 weeks ordinary adoption leave followed immediately by up to 13 weeks additional adoption leave a total of up to 52 weeks leave. The child has to be under 18 years of age. Adoption leave can begin on the day on which the child is placed for adoption or on a predetermined date which is no more than 14 days before the child is expected to be placed and no later than the date of placement. Issue Date: 12 th September 2014 Page 31 of 37 Filename: PHRLMATER Issue No: 1.0

32 Statutory adoption pay or 90% of average weekly earnings whichever is less for a period of 26 weeks. Additional adoption leave is usually unpaid leave. Employees who have completed 12 months NHS Service (without a break in service of 3 calendar months or more) prior to the date on which the child is to be placed with the family, shall be eligible for paid Employer Adoption leave as follows:- 8 weeks at full pay 18 weeks at half pay 13 weeks at SAP plus a further 13 weeks unpaid leave. Entitlement to paid Employer Adoption leave is dependent on the employee returning to work in a contracted position for a minimum period of 3 months following the adoption leave Return to Work The Trust will respond to an employee s notification of leave plans within 28 days of application setting out the date on which they expect the employee to return to work if the full entitlement of adoption leave is taken. Adopters who intend to return to work at the end of their full adoption leave entitlement will not have to give any further notification to their employers. Adopters who want to return to work before the end of their adoption leave period must give the Trust 28 days notice of the date they intend to return. An employee who has notified an intention to return to work has the right to return to their original job on no less favourable terms and conditions. However, the return to work may be on any basis agreed with the Trust, including part-time working and Issue Date: 12 th September 2014 Page 32 of 37 Filename: PHRLMATER Issue No: 1.0

33 job sharing, where these are appropriate / available. If it is consistent with the needs of the Service, the Manager will try to meet the expectations of an employee who wishes to return under more flexible working arrangements and ensure that they continue to have broadly similar duties on the equivalent salary point. The Trust s policy on Flexible Working should be referred to as required. In the event of an employee failing to return to work with the Trust there is a requirement to refund the pay received during the period of adoption leave, less any statutory adoption pay. In cases where the enforcement of this provision would cause undue hardship the Trust has discretion to waive the recovery of pay. An employee is not entitled to take annual leave (including public or statutory holidays) whilst on adoption leave. If the employee fails to return to work on the notified date and submits a medical statement indicating absence is due to sickness, then the conditions of the sick pay scheme will apply to the absence Application Process All applications for adoption leave must be made on the attached application form and countersigned by the line manager. The HR Department will then process the application. Issue Date: 12 th September 2014 Page 33 of 37 Filename: PHRLMATER Issue No: 1.0

34 The Clatterbridge Centre NHS Foundation Trust Application for Adoption Leave This form must be Completed and Signed within 7 Days of being notified of a Match for Adoption Please discuss the options available with the Human Resources Administrator before completing this form. Full Name: Home Address: Job Title: Department: Base: Hours Of Duty: Type of Contract: Permanent Fixed Term Temporary (Please delete as appropriate) If Fixed Term or Temporary give end date: Date of Commencement with this Trust: Date of Commencement of Continuous Service with NHS: (Unbroken or with breaks of less than 3 months Head of Department: My expected date of Matching for Adoption is: My Matching Certificate is enclosed The Matching Certificate must be the original document to be valid for HR use. NB: all service is subject to verification by the payroll department. Please tick as appropriate. Issue Date: 12 th September 2014 Page 34 of 37 Filename: PHRLMATER Issue No: 1.0

35 PART 1 To be completed if you intend to return to work 1.1 Employers Adoption Pay (EAP including SAP) I wish to apply for up to 52 weeks Adoption Leave including 8 weeks full pay and 18 weeks half pay and SAP as appropriate. I confirm my intention to return to NHS employment after adopting for a minimum period of 3 months. 1.2 Statutory Adoption Pay (SAP) I understand that I am not entitled to Employers Adoption Pay as I have less than one years service at the qualifying week. I wish to apply for 52 weeks Adoption Leave and Statutory Adoption pay as appropriate. I intend to commence Adoption leave on. PART 2 To be completed if you do not intend to return to work 2.1 Statutory Adoption Pay (SAP) I understand that I am not entitled to Employers Adoption Pay as I have less than one years service at the qualifying week. I wish to apply for 52 weeks Adoption Leave and Statutory Adoption pay as appropriate. I will be leaving employment on. PART 3 Declarations I confirm that I have read carefully the guidance notes on Adoption Leave, Pay and Conditions... Signature of Applicant Date I confirm that I have discussed Keeping in Touch during the period of Adoption leave... Signature of Line Manager Date NOTE : This application does not confer any right to particular benefits. Your entitlement will be checked and subsequently confirmed to you in writing as soon as possible. Issue Date: 12 th September 2014 Page 35 of 37 Filename: PHRLMATER Issue No: 1.0