MATERNITY, PATERNITY AND ADOPTION LEAVE POLICY AND GUIDANCE

Transcription

1 MATERNITY, PATERNITY AND ADOPTION LEAVE POLICY AND GUIDANCE DOCUMENT CONTROL: Version: 2 Ratified by: Human Resources and Organisational Development Policy and Planning Group Date ratified: 4 August 2011 Name of originator/author: Director of Workforce and Organisational Development Name of responsible committee/individual: Human Resources and Organisational Development Policy and Planning Group Date issued: 1 September 2011 Review date: August 2014 Target Audience All Trust employees

2 CONTENTS SECTION PAGE NO 1. INTRODUCTION 4 2. PURPOSE 4 3. SCOPE 4 4. RESPONSIBILITIES, ACCOUNTABILITIES AND DUTIES Lead Director Line Manager Maternity Leave Maternity Support Leave/Paternity Leave Adoption Leave Human Resources Individual Employees Maternity Leave Maternity Support Leave/Paternity Leave Adoption Leave 5 5. PROCEDURE / IMPLEMENTATION Maternity Leave and/or Pay Abbreviations Entitlement Criteria Leave and Pay Antenatal Care Post Natal Care Annual Leave General Public Holidays Fixed Term Contracts No qualifying Period for SMP or MA Health and Safety Procedural Arrangements Keeping in Touch Days Payment and Pension Arrangement Deductions from Salary Mobile Telephone Regular Car User Allowance Lease Cars Maternity Support (Paternity/Partner Leave) Ordinary Maternity Support Leave and / or Pay Abbreviations Entitlement Criteria Annual Leave General Public Holidays Procedural Arrangements Paternity/Partner Leave Additional Paternity Leave and/or Pay Abbreviations Entitlement Criteria 12 Page 2 of 40

3 Annual Leave General Public Holidays Procedural Arrangements Terms and Conditions Keeping In Touch Days Returning To Work Payment and Pension Arrangements Deductions from Salary Mobile Telephones Regular Car user Allowance Lease Cars Adoption Leave Adoption Leave and/or Pay Abbreviations Entitlement Criteria Appointments Leave and Pay Annual Leave General Public Holidays Procedural Arrangements Keeping In Touch Days Payment and Pension Arrangement Deductions from Salary Mobile Telephones Regular Car User Allowance Lease Cars TRAINING IMPLICATIONS MONITORING ARRANGEMENTS EQUALITY IMPACT ASSESMENT SCREENING LINKS TO OTHER TRUST PROCEDURAL DOCUMENTS REFERENCES APPENDICES 21 Appendix A Maternity Leave and Pay Entitlements 22 Appendix B Application Form for Maternity Leave and/or Pay 24 Appendix C Frequently Asked Questions 26 Appendix D Useful Contacts 29 Appendix E Guidance on Keeping In Touch Days during Maternity/ Paternity Leave 30 Appendix F Keeping in Touch Pro-Forma 33 Appendix G Application for Maternity Support leave and/or Pay 34 Appendix H Application Form to Apply for Additional Statutory Paternity Pay / 35 Additional Paternity Leave Appendix I Adoption Leave and Pay Entitlements 37 Appendix J Application for Adoption Leave and/or Pay 38 Appendix K Matching Certificate: Statutory Adoption Leave and Pay 40 Page 3 of 40

4 1. INTRODUCTION The aim of this policy is to facilitate time off with pay and unpaid periods of leave where appropriate for staff requesting maternity, paternity or adoption leave. This policy complies with the Working Families Act, 2006 and Agenda for Change Terms and Conditions of Service and Statutory Regulations relating to maternity, paternity and adoption leave. 2. PURPOSE The purpose of this policy is to provide all the necessary information to employees relating to their statutory and occupational entitlements in relation to maternity, paternity and adoption leave. 3. SCOPE This policy applies to all staff (including full/part time staff) employed by the Trust, who may also be entitled to statutory and occupational entitlements dependent upon the entitlement criteria is satisfied. The policy does not apply to individuals employed by agencies, other than in relation to antenatal appointments (after a twelve week qualifying period), in this case seek specific advice from HR or other contractors, areas relating to Maternity Leave and Pay for these individuals should be referred back to the appropriate employer. 4. RESPONSIBILITIES, ACCOUNTABILITIES AND DUTIES 4.1 Lead Director The Director of Workforce and Organisational Development has responsibility for the implementation of this policy and coordination of an appropriate communication strategy together with ensuring that appropriate monitoring arrangements are in place. 4.2 Line Managers Maternity Leave As soon as the employee makes their line manager aware of their pregnancy, it is the responsibility of the immediate line manager to direct the employee to this policy and to complete the European Union Guidance on Pregnant Workers Risk Assessment, available within Appendix 1 of the Policy And Procedure For Pregnant And Nursing Mothers and carry out any actions deemed necessary as a result of the assessment. Managers should advise their employee to read through this policy carefully and should there be any areas that require clarification, it is the responsibility of the line manager to contact Human Resources initially Maternity Support Leave/Paternity Leave Once the line manger has been made aware of an employee s intention to take Paternity Leave Managers should advise their employee to read through this policy Page 4 of 40

5 carefully and should there be any areas that require clarification, it is the responsibility of the line manager to contact Human Resources initially Adoption Leave Once the line manger has been made aware of an employee s intention to take Adoption Leave, managers should advise their employee to read through this policy carefully and should there be any areas that require clarification, it is the responsibility of the line manager to contact Human Resources initially. 4.3 Human Resources It is the responsibility of the Human Resources Department to support and advise managers in the application of this procedure, ensuring consistency is applied. 4.4 Individual Employees Maternity Leave It is the responsibility of each member of staff to; - Notify their line manager as soon as they have knowledge of pregnancy or if they are a nursing mother. - Co-operate fully with the requirements of this policy. - Communicate fully regarding the circumstances for the leave request. - Communicate appropriately during any authorised leave Maternity Support Leave/Paternity Leave It is the responsibility of each member of staff to; - Notify their line manager as soon as they have knowledge of their intentions to take paternity leave - Co-operate fully with the requirements of this policy. - Communicate fully regarding the circumstances for the leave request. - Communicate appropriately during any authorised leave Adoption Leave It is the responsibility of each member of staff to; - Notify their line manager as soon as they have knowledge of their intentions to take adoption leave - Co-operate fully with the requirements of this policy. - Communicate fully regarding the circumstances for the leave request. - Communicate appropriately during any authorised leave. 5. PROCEDURE / IMPLEMENTATION 5.1 Maternity Leave and/or Pay Maternity leave and/or pay will apply, in accordance with the qualifying conditions below see 5.1.2, Entitlement Criteria, to women expecting a baby who are employed by the Trust Abbreviations EWC - Expected Week of Confinement Page 5 of 40

6 SMP - Statutory Maternity Pay (paid by Trust first 26 weeks) OMP - Occupational Maternity Pay (paid by Trust further 26 weeks) MA - Maternity Allowance (paid by Dept of Work & Pensions) MAT B1 - Maternity certificate confirming expected week of confinement (available from GP or midwife around 20th week of pregnancy) Entitlement Criteria Leave and Pay Entitlements to maternity leave and/or pay apply in accordance with the table attached (appendix A). All employees will have the right to take 52 weeks of maternity leave. To qualify for maternity leave employees must continue to be employed by the Trust until the beginning of the 15 th week before the expected week of confinement. To qualify for occupational maternity pay employees must; have completed 12 months continuous service with one or more NHS employer at the beginning of the 11 th week before the EWC. she notify the employer in writing before the end of the 15 th week before the expected date of childbirth a) of her intention to take maternity leave; b) of the date she wishes to start her maternity leave; c) that she intends to return to work with the same or another NHS employer for a minimum period of three months after the maternity leave has ended; d) and provide a MATb1 form from her midwife or GP giving the expected date of childbirth Antenatal Care Pregnant employees have the right to paid time off for antenatal care, provided the appointment has been pre-arranged and time away from work has been requested via the manager and an acceptable notice period has been given. After the first appointment employees should show their manager confirmation of any further appointments through an appointment card or letter. Agency staff are entitled to paid time off for antenatal care after they have completed a twelve week qualifying period, in this instance seek specific advice from HR Post-natal Care Women who have recently given birth and have returned to work have the right to paid time off for post-natal care Annual Leave Annual 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, it may be mutually beneficial for the employee to take annual leave before and/or after the paid and unpaid maternity leave period. The amount of leave to be taken in this way, or carried over (subject to a maximum of a working week) and should be discussed and agreed between the employee and the employer, before the commencement of the annual leave. Page 6 of 40

7 Please note annual leave cannot be taken during any stage of maternity leave as this would cease the maternity leave/pay period. Employees who are on maternity leave for the full financial year, 1 April 31 March and receive minimum Agenda for Change Annual leave entitlements, namely 27 days pro rata will be entitled to take 28 days pro rata annual leave to ensure compliance with employment legislation General Public Holidays There is no provision for the payment in lieu or carry over of General Public Holidays falling during any part of either the paid or unpaid maternity leave period Fixed Term Contracts If the employee is on a fixed term or training contract which will expire prior to the 11th week before the expected week of confinement, and they have less than 12 months service, the Trust has no liability to pay any maternity pay, although the employee may be entitled to SMP. If the contract expires after the 11 th week before the expected week of confinement, and the employee has the relevant service, the Trust can extend the contract to enable them to receive certain maternity pay/benefits for which they may be eligible, including, paid contractual and statutory maternity pay, and the remaining 13 weeks of unpaid maternity leave. Please obtain further advice from the Human Resources Department on this point. A meeting will be arranged between the employee and the line manager to discuss the above and to agree the relevant actions to be taken No qualifying period for SMP or MA If the employee does not have 15 weeks service within the Trust prior to the EWC they will need to complete an SMP1 form, available from the Pay Services Department, Job centre Plus or Department of Work and Pensions offices where they will confirm whether there is an entitlement to receive incapacity benefits. This will be based on the employees National Insurance contributions and is paid from six weeks before the EWC up to 14 days after the birth. It is the employee s responsibility to liaise with the necessary departments/agencies in order to facilitate the above Health and Safety For health and safety reasons the employee should notify their manager as soon as they are aware of the pregnancy in order that the working environment can be assessed to ensure that it does not pose a risk to the employees own or the child s health. This applies equally to the employee through pregnancy or whilst breast feeding. For specific advice in relation to Agency Workers contact HR for further advice and support. For further information please refer to the Policy and Procedure for Pregnant and Nursing Mothers, available from line managers. Page 7 of 40

8 5.1.4 Procedural Arrangements The employee must notify her manager of her intention to take maternity leave by the 15 th week before the expected week of childbirth (EWC) unless this is not reasonably practicable. The employee must complete the maternity application form (appendix B) giving at least 28 days notification before the intended leave date. Delay may affect payment of maternity benefits. The employee must also submit the original Certificate of Childbirth (MATB1form) to her manager at least 28 days before the intended leave date. This certificate is usually issued by the GP/Midwife around the employee s 20 th week of pregnancy. An employee who intends to return to work at the end of her full maternity leave will not be required to give any further notification to the organisation, however should the return to work date change, 8 weeks notice should be given to the line manager. If the employee intends to return to work on a different basis, she should preferably enter into discussions with her Manager prior to the maternity leave but no later than 8 weeks before she intends to return to work. (Please refer to the Procedure for Exercising the Right to Request Flexible Working Arrangements for further information). If the employee intends to return to work she must complete Section 2 of the maternity application form (appendix B), which includes a declaration of intent to return to work for a minimum of 3 months. Human Resources will confirm the employee s leave and pay entitlements in writing, following receipt of the completed application form and MATB1 certificate from the manager. If an employee, who has notified of her intention to return to work to RDaSH or another NHS Employer, fails to do so within 15 months of the beginning of her maternity leave she will be liable to refund the whole of her maternity pay, less any SMP received. For further information in relation to planning the maternity leave, refer to Appendix C Frequently Asked Questions and Appendix D Useful Contacts Keeping In Touch Days Employee s can work during their maternity leave on a keeping in touch day (KIT) without bringing their maternity leave to an end or losing their SMP. Employee s can work up to 10 KIT days during maternity leave but not until at least 2 weeks after the birth of the child. There is no obligation for the Trust to offer such work or for the employee to accept. KIT days must be agreed and worked by mutual agreement between the manager and the employee. Page 8 of 40

9 For more information please refer to Appendix E Guidance for Keeping in Touch Days and Appendix F Keeping in Touch Pro-forma Payment and Pension Arrangements The employee s salary will continue to be paid on a monthly basis, however, employee s should note that maternity payments will be paid on a monthly basis however the amount will naturally vary depending on your entitlement to Occupational Maternity Pay and Statutory Maternity Pay. If the employee is not eligible to receive SMP they will be notified by Pay Services that they may be eligible for up to 39 weeks Maternity Allowance from their Department for Works and Pension Office. If the employee pays contributions to the NHS Pension Scheme and does not intend to return to work, they may, if they wish, continue to pay contributions during the statutory 39 weeks maternity leave period. If the employee is a member of the Pension Scheme and intends to return to work following the maternity leave, they will be required to continue their contributions in order to cover the maternity leave period. Members of the NHS Pensions scheme are advised to contact the Trust Pensions Officer regarding deduction of pension contributions during their leave Deductions from Salary Where an unpaid period of maternity leave is involved, deductions from salary for Trade Union and other items such as social clubs and Westfield, or similar schemes will cease. This may cause problems with entitlement to benefits under the Westfield Scheme, or similar schemes and the employee is advised to contact Westfield personally to arrange for payments to be kept up to date. The employee is also advised to contact their Trade Unison or Professional Association regarding deductions during unpaid leave Mobile Telephones Any arrangements which may be in place for the reimbursement of telephone rental charges will continue unchanged during the period off maternity leave. Should the employee have the use of a mobile telephone through their employment with the Trust, they should discuss the return/use of the mobile telephone whilst on maternity leave with their manager Regular Car User Allowance Where applicable the lump sum allowance will be paid for the remainder of the first month of maternity leave, and for a further 3 months. Payment will then be made at the rate of 50% of the payment for a further 3 months or until the end of the maternity leave, whichever is the less Lease Cars Page 9 of 40

10 Employees on maternity leave may keep the lease car. Whilst a woman is still receiving maternity pay the normal deductions will be made from their salary. Once there is insufficient salary to cover the cost of the lease, then arrangements should be made by the employee to provide payment. (Usually in the form of a cheque) Maternity Support (Paternity/Partner Leave) Ordinary Maternity Support (Paternity/Partner Leave) and/or Pay (maximum 2 weeks leave) Ordinary paternity/partner leave and/or pay will apply, in accordance with the qualifying conditions below see 5.2.3, Entitlement Criteria, to biological and adoptive fathers, nominated carers and same sex partners Abbreviations EWC - Expected Week of Confinement SPP - Statutory Paternity Pay ASPP - Additional Statutory Paternity Pay APL - Additional Paternity Leave Entitlement Criteria Ordinary paternity/partner leave provides the following employees, who have responsibility for bringing up a child, with up to 2 weeks consecutive time off following the birth or adoption of their child. This provision is available to either; the biological father of the baby; an adoptive parent who is not the primary carer and not in receipt of adoption leave or the mother / primary carer s partner (partner may include a same sex partner). These provisions apply to all staff provided that they have 12 months continuous service with one or more NHS employer at the beginning of the week in which the baby is due. Reasonable paid time off to attend ante-natal classes will also be given. Employees can take only one period of leave even if more than one baby is born as the result of the same pregnancy. The service qualifications detailed below relate to service with one or more NHS employers. Continuous Service Less than one year at either the 15 week before EWC or week notified of being matched with an adoptive child Leave Pay 2 weeks 1 week full pay (inclusive of any Statutory Paternity Pay (SPP) receivable) 1 week SPP (if average weekly earnings are above minimum NI contribution rate) Page 10 of 40

11 At least one year at the beginning of the week in which the baby is due or the child is placed for adoption 2 weeks 2 weeks full pay (inclusive of any SPP receivable) Annual Leave Annual leave will continue to accrue during maternity support leave. Where the amount of accrued annual leave would exceed normal carry over provisions, it may be mutually beneficial for the employee to take annual leave before the end of paternity leave. The amount of leave to be taken in this way, or carried over (subject to a maximum of a working week) and should be discussed and agreed between the employee and the employer General Public Holidays There is no provision for the payment in lieu or carry over of General Public Holidays falling during any part of either the paid or unpaid maternity support leave period Procedural Arrangements An employee can choose to start his/her maternity support leave on the date of the child s birth (whether this is earlier or later than expected) or on a date falling no more than 56 days after the date on which the child is born/placed. Maternity support leave can commence on any day of the week, as long as the employee has given the required notice to their line manager. Employees will normally take their leave in full weeks but may be granted periods of less than a week at managerial discretion, subject to the needs of the service. The employee should apply to their line manger, using the application form (appendix G), at least 28 days prior to wanting their leave to commence,, informing the manager; o The expected week of the baby s birth/placement o Whether he/she wishes to take one or two weeks leave and o The date in which he/she intends to start their leave Human Resources will confirm the employee s leave and pay entitlements in writing, following receipt of the completed application form (appendix G) The employee must also tell his/her employer when the baby was actually born as soon as is reasonably practicable after the birth. Should an employee wish change to their leave start date, 2 weeks notice must be given to ensure adequate cover within the workplace. An employee cannot take paternity/partner leave or be paid SPP before the birth of the baby. If the baby is not born by the date specified, then the date must be Page 11 of 40

12 changed or leave must be taken from the actual date of birth or a specified number of days after the birth. 5.3 Paternity/Partner Leave) Additional Paternity/Partner Leave and/or Pay (From 2 up to 26 weeks leave) Entitlement to Additional Statutory Paternity Pay (ASPP) and/or Additional Paternity Leave (APL) applies to all babies due on or after 3 April The purpose of additional paternity/partner leave and/or pay is to allow employees, who have responsibility for bringing up a child with up to 26 weeks consecutive time off, within the first year of the child s life/placement. These provisions apply to all staff irrespective of their contracted hours (e.g. full or part time), providing they fall into one of the categories described in the section Entitlement Criteria and whom are taking the time off with the intention to care for the child independently during ASPP and/or APL. This provision is only available provided that the mother/primary adopter has returned to work before using their full entitlement to maternity/adoption leave Abbreviations EWC - Expected Week of Confinement SPP - Statutory Paternity Pay ASPP - Additional Statutory Paternity Pay APL - Additional Paternity Leave SAP - Statutory Adoption Pay Entitlement Criteria In order to qualify for ASPP and/or APL the employee must either be: The biological father of the baby A spouse, partner or civil partner of the baby s mother who is not the baby s father; The mother/primary carer s partner (partner may include a same sex partner) or An adoptive parent who is not the primary carer and not in receipt of adoption leave Moreover, in order to qualify for ASPP and/or APL the employee must: Have been continuously employed by the Trust for at least 26 weeks ending with the 15 th week before the week the baby is due Continue to be employed by the Trust up to the start of the ASPP and/or APL, and to qualify for ASPP only, Satisfy the minimum weekly national insurance gross contribution rate (see below). Employees can take only one period of ASPP/APP even if more than one baby is born/placed as the result of the same pregnancy/matching process. Page 12 of 40

13 The service qualifications detailed below relate to service with one or more NHS employers. Leave Pay Continuous Service Continuously employed for at least 26 weeks ending with the 15 th week before the estimated week of confinement (EWC) Up to 26 weeks leave 13 weeks Statutory Paternity Pay (SPP) (If average weekly earnings are above minimum NI contribution rate) Annual Leave Annual leave will continue to accrue during paternity leave, whether paid or unpaid. Where the amount of accrued annual leave would exceed normal carry over provisions, it may be mutually beneficial for the employee to take annual leave before and/or after the paid and unpaid paternity leave period. The amount of leave to be taken in this way, or carried over (subject to a maximum of a working week) and should be discussed and agreed between the employee and the employer General Public Holidays There is no provision for the payment in lieu or carry over of General Public Holidays falling during any part of either the paid or unpaid maternity leave period Procedural Arrangements Employees wishing to take ASPP/APP must complete the attached form(s) (appendix H) at least 8 weeks prior to the commencing ASPP/APP. Employees are also required to submit the following documentation within 28 days (or as soon as reasonably practicable) of submitting the request for ASPP/APP: A copy of the child s birth certificate The name and business address of the mother s employer (or, if self employed, their business address). Or in terms of the adopted child, evidence of the name and address of the adoption agency, the date on which he/she was notified of having been matched with the child and the date on which the agency expects to place the child for adoption. Employees must advise the Trust when the baby is actually born / placed if earlier than originally detailed on the application forms. Should the employee wish to amend the commencement date of ASPP/APP, 6 weeks notice must be given before the original start date or the new start date, whichever is sooner. If, after applying for ASPP/APP the employee no longer satisfies the terms and conditions, it is the employee s responsibility to inform their line manager as soon as Page 13 of 40

14 possible, in addition to advising Human Resources and Pay Services of the change in circumstances. Delay may affect payment Terms and Conditions In order to satisfy the terms and conditions associated with ASPP and/or APL the employee must comply with the following: The earliest ASPP and/or APL can start is 20 weeks after the child is born/placed and must end no later than 52 weeks after the birth/placement. ASPP and/or APL must to be taken in complete continuous weeks and can only be requested for a minimum of 2 weeks to a maximum of 26 weeks. Employees cannot commence their ASPP and/or APL before the mother/primary adopter of the child has returned to work and stopped receiving Statutory/Occupational Maternity/Adoption Pay or Maternity Allowance or any other associated entitlements. If the mother/primary adopter fails to return to work at the end of her maternity/adoption pay period i.e. due to annual leave or sick leave this does not constitute as a return to work and therefore ASPP and/or APL cannot commence until the mother/primary adopter has physically returned to work. ASPP is only payable during the mother s/primary adopter s maternity/adoption pay period. ASPP and/or APL can continue until the child s first birthday, but any additional paternity/adoption leave taken after the mother s/primary adopter s maternity/adoption pay period ends (after 39 weeks) will be unpaid Keeping in Touch Days During the additional paternity/partner leave period, employees may wish to make reasonable contact with their manager (and vice versa) in order to discuss a return to work and for the manager to inform the employee of important changes taking place within the Trust. In support of these objectives, it is possible for the employee to attend work for up to 10 days during the additional paternity/partner leave period, as a way of keeping in touch with workplace developments. These days are known as keeping-in-touch days. The Trust encourages employees to make use of keeping-in-touch days as a positive way to keep in contact with developments within the service, team and department, and to facilitate the transition of returning to work at the end of the additional paternity/partner leave. For more information please refer to Appendix E Guidance for Keeping in Touch Days and Appendix F Keeping in Touch Pro-forma Page 14 of 40

15 Returning to Work Following the request for additional paternity/partner leave, the employee will have confirmed the date in which they intend to return to work and thus should return on this date. If the employee wishes to return to work earlier than the expected return date, at least 6 weeks written notice must be given to the manager. If the employee is unable to return to work on the date specified, due to sickness this will be covered via the Trusts Policy Relating to the Management of Sickness Absence. In any other case, late return without prior authorisation will be treated as unauthorised unpaid absence. In the event that the employee decides not to return to work after the additional paternity/partner leave, the employee must give notice of resignation as soon as possible and in accordance with the terms and conditions detailed within their contract of employment. If the notice period expires after additional paternity/partner leave has ended, the trust reserves the right to request the employee to attend work for the remainder of their notice period Payment and Pension Arrangements The employee s salary will continue to be paid on a monthly basis, however, employee s should note that paternity payments will be paid on a monthly basis however the amount will naturally vary depending on your entitlement to Occupational Paternity Pay and Statutory Paternity Pay. If the employee is not eligible to receive SPP they will be notified by Pay Services that they may be eligible for statutory payments from the Department for Work and Pensions. Members of the NHS Pensions scheme are advised to contact the Trust Pensions Officer regarding deduction of pension contributions during their leave Deductions from Salary Where an unpaid period of paternity leave is involved, deductions from salary for Trade Unions and other items such as social clubs and Westfield, or similar schemes, will cease. This may cause problems with entitlement to benefits under the Westfield Scheme or similar schemes and the employee is advised to contact Westfield personally to arrange for payments to be kept up to date. The employee is also advised to contact their Trade Unison or Professional Association regarding deductions during unpaid leave Mobile Telephones Any arrangements which may be in place for the reimbursement of telephone rental charges will continue unchanged during the period off paternity leave. Should the employee have the use of a mobile telephone through their employment with the Trust, they should discuss the return/use of the mobile telephone whilst on paternity leave with their manager. Page 15 of 40

16 Regular Car User Allowance Where applicable the lump sum allowance will be paid for the remainder of the first month of paternity leave, and for a further 3 months. Payment will then be made at the rate of 50% of the payment for a further 3 months or until the end of the paternity leave, whichever is the less Lease Cars Employees on paternity leave may keep the lease car. Whilst the employee is still receiving paternity pay the normal deductions will be made from their salary. Once there is insufficient salary to cover the cost of the lease, then arrangements should be made by the employee to provide payment. (Usually in the form of a cheque). 5.4 Adoption Leave Adoption Leave and/or Pay The purpose of adoption leave is to facilitate time off, with pay where appropriate, for a parent with an adoptive child below the age of 18 on or after 1st April 2007 in line with the Work and Families Act Adoption leave applies to one adoptive parent who is newly matched with a child, in accordance with the qualifying conditions below. The other parent, if also an employee, is entitled to paternity/partner leave irrespective of gender (see above) Abbreviations SAP - Statutory Adoption Pay SAL - Statutory Adoption Leave Entitlement Criteria Appointments Leave will be granted for official meetings in the adoption process as well as time after the adoption itself. The agreement for time off after the adoption covers 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 considered Leave and Pay Entitlements to adoption leave and/or pay apply in accordance with the table attached (Appendix I) To qualify for adoption leave and pay employees must; have completed 12 months continuous NHS service ending with the week in which they are notified of being matched with the child for adoption Page 16 of 40

17 Have average weekly earnings at least equal to the lower earnings limit for National Insurance contributions 1 in the 8 weeks up to and including the 15 th week before the EWC follow the application procedure outlined above hold a contract under which employees qualify for paid absence when sick Annual Leave Annual leave will continue to accrue during adoption leave, whether paid or unpaid. Where the amount of accrued annual leave would exceed normal carry over provisions, it may be mutually beneficial for the employee to take annual leave before and/or after the paid and unpaid adoption leave period. The amount of leave to be taken in this way, or carried over (subject to a maximum of a working week) and should be discussed and agreed between the employee and the employer. Please note annual leave cannot be taken during any stage of adoption leave as this would cease the adoption leave/pay period. Employees who are on adoption leave for the full financial year, 1 April 31 March and receive minimum Agenda for Change Annual leave entitlements, namely 27 days pro rata will be entitled to take 28 days pro rata annual leave to ensure compliance with employment legislation General Public Holidays There is no provision for the payment in lieu or carry over of General Public Holidays falling during any part of either the paid or unpaid adoption leave period Procedural Arrangements The employee can choose to start his or her leave from the date of the child s placement (whether this is earlier or later than expected), or from a fixed date which can be up to 14 days before the expected date of placement. The employee must using the application for adoption leave and/or pay (Appendix J), notify their manager within 7 days of being matched: o The expected date of placement and o The date on which he or she intends to start adoption leave The employee must provide documentary evidence in the form of the original matching certificate completed by the Adoption Agency (Appendix K) Human Resources will confirm the employee s leave and pay entitlements in writing, following receipt of the completed application form and matching certificate from the manager. If the employee plans to return to work at the end of the full adoption leave then further notification is not required, however, should this change, 8 weeks notice should be given to the line manager. 1 The minimum NI contribution rate is 101 (gross) per week as at 1st April 2011 Page 17 of 40

18 Keeping in Touch Days Employee s can work during their adoption leave on a keeping in touch day (KIT) without bringing their adoption leave to an end or losing their SAP. Employee s can work up to 10 KIT days during adoption leave but not until at least 2 weeks after the birth of the child. There is no obligation for the Trust to offer such work or for the employee to accept. KIT days must be agreed and worked by mutual agreement between the manager and the employee. For more information please refer to Appendix E Guidance for Keeping in Touch Days and Appendix F Keeping in Touch Pro-forma Payment and Pension Arrangement Deductions from Salary Where an unpaid period of adoption leave is involved, deductions from salary for Trade Unions and other items such as social clubs and Westfield, or similar schemes will cease. This may cause problems with entitlement to benefits under the Westfield Scheme and the employee is advised to contact Westfield personally to arrange for payments to be kept up to date. The employee is also advised to contact their Trade Unison or Professional Association regarding deductions during unpaid leave Mobile Telephones Any arrangements which may be in place for the reimbursement of telephone rental charges will continue unchanged during the period off adoption leave. Should the employee have the use of a mobile telephone through their employment with the Trust, they should discuss the return/use of the mobile telephone whilst on adoption leave with their manager Regular Car User Allowance Where applicable the lump sum allowance will be paid for the remainder of the first month of adoption leave, and for a further 3 months. Payment will then be made at the rate of 50% of the payment for a further 3 months or until the end of the adoption leave, whichever is the less Lease Cars Employees on adoption leave may keep the lease car. Whilst the employee is still receiving adoption pay the normal deductions will be made from their salary. Once there is insufficient salary to cover the cost of the lease, then arrangements should be made by the employee to provide payment. (Usually in the form of a cheque). Page 18 of 40

19 6. TRAINING IMPLICATIONS (Training Needs Analysis) Maternity, Paternity and Adoption Leave Policy and Guidance Staff groups requiring training Managers How often should this be undertaken On revision of the policy or new appointments/pr omotions Length of training N/A Delivery method Team brief Training delivered by whom Human Resources Advisors Where are the records of attendance held? N/A Human Resources On appointment or revision of the policy N/A On the Job Training Mentoring Team Leaders / Head of Workforce N/A Staff Side On revision of the policy and at Policy forum N/A Awareness/ Briefing sessions on policy Workforce and OD Directorate N/A 7. MONITORING ARRANGEMENTS Area for Monitoring How Who by Reported to Frequency Applications for leave in accordance with the policy Review of a sample of applications HR HROD Annually Number of Grievance raised in relation to the policy Review of HR data HR HROD Annually Page 19 of 40

20 8. EQUALITY IMPACT ASSESSMENT SCREENING The completed Equality Impact Assessment for this Policy has been published on the Equality and Diversity webpage of the RDaSH website click here 8.1 Privacy, Dignity and Respect The NHS Constitution states that all patients should feel that their privacy and dignity are respected while they are in hospital. High Quality Care for All (2008), Lord Darzi s review of the NHS, identifies the need to organise care around the individual, not just clinically but in terms of dignity and respect. Indicate how this will be met As a consequence the Trust is required to articulate its intent to deliver care with privacy and dignity that treats all service users with respect. Therefore, all procedural documents will be considered, if relevant, to reflect the requirement to treat everyone with privacy, dignity and respect, (when appropriate this should also include how same sex accommodation is provided). 9. LINKS TO OTHER TRUST PROCEDURAL DOCUMENTS Exercising the Right to Request Flexible Working Arrangements Special Leave Policy Policy and Procedure for Pregnant and Nursing Mothers 10. REFERENCES Adoption and Children Act 2002 (Consequential Amendment to Statutory Adoption Pay) Order 2006 (SI 2006/2012) Maternity and Parental Leave etc and the Paternity and Adoption Leave (Amendment) Regulations 2006 (SI 2006/2014) Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefits) (Amendment) Regulations 2006 (SI 2006/2379) Additional Paternity Leave (Adoptions from Overseas) Regulations 2010 (SI 2010/1059) Additional Paternity Leave Regulations 2010 (SI 2010/1055) Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations 2010 (SI 2010/1057) Additional Statutory Paternity Pay (General) Regulations 2010 (SI 2010/1056) Page 20 of 40

21 Work and Families Act, 2006 Agenda for Change Terms and Conditions Handbook 11. APPENDICES Appendix A Maternity Leave and Pay Entitlements Appendix B Application Form for Maternity Leave and/or Pay Appendix C Frequently Asked Questions Appendix D Useful Contacts Appendix E Guidance on Keeping In Touch Days during Maternity/Paternity Leave Appendix F Keeping in Touch Pro-Forma Appendix G Application for Maternity Support leave and/or Pay Appendix H Application Form to Apply for Additional Statutory Paternity Pay / Additional Paternity Leave Appendix I Adoption Leave and Pay Entitlements Appendix J Application for Adoption Leave and/or Pay Appendix K Matching Certificate: Statutory Adoption Leave and Pay Page 21 of 40

22 Maternity Leave and Pay Entitlements Leave (1) (2) (3) Appendix A (4) Continuous NHS Service at qualifying week (A) Less than 26 weeks at 15 th week before expected week of childbirth (EWC) (B) 26 weeks at 15 th week before EWC Up to 52 weeks Up to 52 weeks Employee intends to return to work No pay from the Trust (May be eligible for Maternity Allowance from Department of Works and Pensions) 39 weeks Statutory Maternity Pay (SMP) (if average weekly earnings are at least equal to the lower earnings limit for NI contribution rate) 13 weeks unpaid leave Employee does not intend to return to work No pay from the Trust (May be eligible for Maternity Allowance from Department of Works and Pensions) 39 weeks Statutory Maternity Pay (SMP) (if average weekly earnings are at least equal to the lower earnings limit for NI contribution rate) 13 weeks unpaid leave Employee is unsure about returning to work No pay from the Trust (May be eligible for Maternity Allowance from Department of Works and Pensions) 39 weeks Statutory Maternity Pay (SMP) (if average weekly earnings are at least equal to the lower earnings limit for NI contribution rate) 13 weeks unpaid leave Employee s contract expires after the qualifying week No pay from the Trust (May be eligible for Maternity Allowance from Department of Works and Pensions) 39 weeks Statutory Maternity Pay (SMP) (if average weekly earnings are at least equal to the lower earnings limit for NI contribution rate) (see section 3 of guidance) 13 weeks unpaid leave Page 22 of 40

23 (C) At least 12 months at 11 th week before EWC Up to 52 weeks 8 weeks full pay (inclusive of SMP) 18 weeks half pay plus any SMP or Maternity Allowance (including dependents allowances) receivable up to a maximum of full pay 39 weeks Statutory Maternity Pay (SMP) (if average weekly earnings are at least equal to the lower earnings limit for NI contribution rate) 39 weeks Statutory Maternity Pay (SMP) (if average weekly earnings are at least equal to the lower earnings limit for NI contribution rate) 8 weeks full pay (inclusive of SMP) 18 weeks half pay plus any SMP or Maternity Allowance (including dependents allowances) receivable up to a maximum of full pay If you do return to work 13 weeks SMP or Maternity Allowance for at least 3 months a payment will be made 13 weeks SMP or comprising of the Maternity Allowance difference between pay schemes C1 and C3 (see section 3 of 13 weeks unpaid leave guidance) 13 weeks unpaid leave 13 weeks unpaid leave 13 weeks unpaid leave Statutory Maternity Pay (SMP) is 90% of average weekly earnings for the first six weeks and the lesser of Standard Rate SMP or 90% of average weekly earnings for the remaining 33 weeks Standard Rate SMP is per week as at 6 th April 2011 Average weekly earnings are calculated based on earnings at the 15 th week before the EWC Minimum NI contribution rate is 102 per week gross as at 6 th April 2011 Page 23 of 40

24 Application for Maternity Leave and/or Pay Appendix B Name:. Pay Number: Post:. Department:. Base:. NHS Start Date: Expected Date of Childbirth: Section 1 - Complete this section if you do not intend to return to work: I do not intend to return to work and my last day of service will be I wish/do not wish* to continue to pay pension contributions during my 52 weeks statutory maternity leave period. (*please delete as appropriate) Signed: Date: Section 2 - Complete this section if you do intend to return to work or are unsure (see section 3 of the guidance): I do intend to return to work and plan to start my maternity leave on I am applying for maternity leave and/or pay in accordance with scheme A1/B1/C1/A3/B3/C3/A4/B4/C4* (*please delete as appropriate) I plan to return to work on..(if known) I agree to the conditions of service governing maternity leave and undertake to return to work for a minimum period of 3 months, with either the Trust or another NHS employer, within 15 months of the beginning of my maternity leave. I am aware that: 1. If I decide to return to work before the end of my maternity leave period or the date given above I must give 8 weeks notice. 2. Should I fail to return to work for the Trust or another NHS employer, I shall be liable to refund the whole of the maternity pay received, less any Statutory Maternity Pay to which I am entitled. 3. If I pay pension contributions now and if I am subject to pension payments on my return to work, I shall be liable for payments during any unpaid period of Page 24 of 40

25 maternity leave I might take. Signed: Date: Once completed, submit this form to your manager, with your original Maternity Certificate (MAT.B1 form). Both forms should then be forwarded, by your manager, to Human Resources Maternity Certificate (MAT.B1 form) Attached? Ye s No Page 25 of 40

26 Appendix C Frequently Asked Questions Planning Maternity Leave When can I start my maternity leave? You can start your maternity leave at any time from the 11 th week before the EWC. However you may work longer than this, right up to the EWC if you wish, provided you give the required notice to your manager. What if I want to change the start date? If you subsequently want to change the start date of your maternity leave you should notify your manager at least 28 days beforehand (or as soon as is reasonably practicable). What happens if I am ill before my maternity leave is due to start? If you are ill, with a pregnancy related illness that starts before and continues into the last four weeks before the EWC, your maternity leave and/or pay will automatically start at the beginning of the 4th week before the EWC. If you are ill, with a pregnancy related illness that starts during the last 4 weeks before the EWC your maternity leave will start at the beginning of the next week after you last worked. How much maternity leave can I take? You must take at least 2 weeks maternity leave after your baby is born and you can take up to 52 weeks maternity leave (see table in appendix 1), some of which may be paid. Will I lose any contractual rights by taking maternity leave? During your maternity leave period you will retain all your contractual rights except normal pay (you may be entitled to maternity pay). You will have the right to return to your job under your original contract including pay plus any increases, and on no less favourable terms and conditions. Maternity leave, whether paid or unpaid, will count as service for annual increments and for the purposes of any service qualification period for additional annual leave. I am on a rotational training contract, what rights do I have to return? If you are on a planned rotation of appointments with one or more NHS employers as part of an agreed programme of training, you have the right to return to work in the same post or in the next planned post, irrespective of whether the contract would otherwise have ended if pregnancy and childbirth had not occurred. In such circumstances your contract will be extended to enable you to complete the agreed programme of training. Will I be entitled to annual leave and when can I take it? Annual leave will continue to accrue during the whole maternity leave period. If your maternity leave period extends beyond the end of the annual leave year (31 st March), you should arrange with your line manager to take your annual leave entitlement before your maternity leave begins, where this is possible. Page 26 of 40

27 Do I need to keep in touch during my maternity leave? Before going on leave you should discuss and agree with your manager how you will keep in touch. During your maternity leave you are entitled up to a maximum of 10 keep in touch days. Keep in touch days cannot be taken during the compulsory maternity leave period that is the two weeks following childbirth. Your manager may initiate a programme of keep in touch days, which should be planned in advance at mutually agreed dates in consultation with you. You will receive pay at your normal rate for any hours attended, which will not lead to a loss of SMP. These days could be used for training purposes or other activities undertaken for the purpose of keeping in touch with the workplace (see appendix F and G). You should also consider: any voluntary arrangements that may help you to remain aware of any developments at work and, nearer the time of your return, to help facilitate your return to work. keeping your manager informed of any developments that may affect your intended date of return. Pay and benefits How much maternity pay will I receive? The amount of maternity pay you will receive will depend on your continuous service and whether or not you are entitled to receive contractual maternity pay as well as statutory maternity pay (this is detailed in the table in appendix 1). What other benefits might I be entitled to? You can also claim child benefit and child tax credits from the Inland Revenue. Can I still make contributions to my pension during maternity leave? If you pay contributions to the NHS pension scheme and require these to continue during your maternity leave period, whether this is paid or unpaid, and whether or not you plan to return to work, you should seek advice from the Pensions Officer in Pay Services before your maternity leave begins. What will happen to the other deductions from my salary? During any unpaid period of maternity leave, deductions from your salary, e.g. payments to Westfield Health Scheme, Trade Union, social club or professional subscriptions, will cease. You should therefore contact the recipients of these payments, in order to make alternative arrangements. This is especially important for payments to the Westfield scheme as if payments cease your entitlement to benefits under the scheme may be affected. Unforeseen events What happens if my baby is born prematurely? Page 27 of 40