Maternity, Paternity, Adoption and Shared Parental Leave Policy and Procedure

Transcription

1 SH HR 62 Maternity, Paternity, Adoption and Shared Parental Leave Policy and Procedure Summary: Keywords (minimum of 5): (To assist policy search engine) Target Audience: This Policy and Procedure provides guidelines to staff and managers on the management, eligibility and entitlements for maternity, paternity, adoption and shared parental leave and pay. Maternity, Paternity, Adoption, Shared Parental, Leave, Pay, Risk Assessments, Ordinary Paternity Leave, Additional Paternity Leave, Statutory Pay, Occupational Pay, Contractual Pay. All Southern Health NHS Foundation Staff Next Review Date: May 2019 Approved and ratified by: Staffside Policy Scrutiny Group Joint Consultative and Negotiating Committee Date issued: Date of meeting: 15 December 2015 & 19 April Author: HR Best Practice Team Sponsor: Sandra Grant Director of People and Communications 1

2 Version Control Change Record Date Author Version Page or section Reason for Change Dec 2014 Dec 2015 Dec 2015 Feb 2016 Feb 16 May 16 HR Best Practice Team 2 Throughout Please note this Policy and Procedure was previously the Maternity, Paternity and Adoption Policy and Procedure but has been updated to incorporate the new Shared Parental Leave and Pay eligibility for staff whose baby is due/child is to be adopted on after 5 April HR Team Clarify the payment arrangements for KIT days and to ensure KIT days are used with consideration. HR Services Amended process for reporting return to work, Transactional member of staff to notify rather than manager. Team Leader Senior HR Manager Senior HR Manager Senior HR Manager Scope of Policy limited to employees only Removal of Additional Paternity Leave Clarification regarding lease car repayment whilst on leave. 3 Throughout Amends to SPL section to reflect not always Mother section 9 as the primary carer in cases of adoption. Reviewers/Contributors Name Position Version Reviewed & Date HR Team, Staffside Policy Scrutiny Group and Joint Consultative and Negotiating Committee HR Team, Staff side Policy Scrutiny Group Version 2, December 2014 Version 3, December 2015 April

3 CONTENTS Page 1. Introduction 4 2. Scope 4 3. Definitions 4 4. Roles / responsibilities 4 5. Purpose 6 6. Maternity provisions 6 7. Paternity provisions Adoption provisions Shared parental provisions Monitoring compliance Policy review Associated documents Supporting references 26 Appendices A1 Summary of maternity leave notification and process 27 A2 Summary of ordinary paternity leave notification and 28 process A3 A4 Summary of adoption leave notification and process Summary of shared parental leave notification and process A5 Further maternity and post-natal provisions 31 A6 Further paternity provisions 36 A7 Equality Impact Assessment (EqIA) 37 3

4 1. INTRODUCTION Maternity, Paternity, Adoption and Shared Parental leave Policy and Procedure 1.1. Southern Health NHS Foundation Trust (the Trust ) is committed to supporting prospective parents through all aspects of pregnancy or adoption and throughout the leave period and upon their return to work This Policy sets out the statutory and contractual rights of staff who require maternity, paternity, adoption and shared parental leave and gives details of the arrangements for maternity, paternity, adoption and shared parental leave and pay. 2. SCOPE 2.1. This policy and its associated procedures will apply to all staff directly employed by the Trust including Medical and Dental staff. 3. DEFINITIONS 3.1. Expected Week Of Childbirth (EWC) - the date/week (beginning the Sunday and ending Saturday) in which the baby is due to be born, stated on the MATB1 form MATB1 form - Maternity Certificate which is obtained from the GP or midwife, normally between the 20 th to 25th week of pregnancy, verifying the expected date of the baby s birth. 4. ROLES AND RESPONSIBILITIES 4.1. Trust The Trust will comply with all statute and regulations in respect of Maternity, Paternity, Adoption and the Shared Parental legislation Managers Line Managers are responsible for: Ensuring that this Policy and Procedure is applied in a fair and consistent manner; Advising staff of this Policy and Procedure when appropriate; Carrying out a health and safety risk assessment once notified of an individual s pregnancy and for making any necessary changes recommended by Occupational Health; Giving special consideration to pregnancy-related absence when managing attendance; Discussing annual leave arrangements with staff prior to them commencing leave; Allowing staff time off to attend ante-natal appointments (either their own or with a partner) wherever possible; Maintaining reasonable contact, as agreed, with the member of staff during their leave as appropriate, inclusive of consulting and engaging with any organisational change process. 4

5 For reasonably considering a request from an individual to reduce their hours or work flexibly on their return from maternity, adoption or Additional Paternity Leave, in accordance with the Flexible Working Policy and Procedure; Ensuring HR Services are notified of Keep in Touch (KIT) days via the Variation to Contract form; Ensuring staff return to work within 15 months of the commencement of the maternity/adoption leave period, either to the Trust or to another NHS employer. Should they not return, the manager must inform a Human Resources Advisor. Ensuring the appropriate leave period is recorded on the E-Roster and is authorised, accordingly Staff Staff are responsible for: Notifying their Line Manager of their pregnancy or potential adoption; Complying with all notification requirements within this Policy and Procedure for maternity, adoption, paternity leave and pay; Complying with expectant and new mother s health and safety risk assessments; Providing all required documentation to their manager and HR Services prior to commencing leave (e.g. MATB1, notification of adoption placement, SC3 to SC5 form for Ordinary Paternity Leave); Ensuring the appropriate leave period is recorded on the E-Roster; Providing information relating to antenatal appointments and all other maternity, adoption or paternity documents to their Line Manager at the earliest opportunity to assist with service planning; Liaise with payroll in relation to any deductions from salary which may need to be reviewed during leave Discussing annual leave arrangements with their Line Manager prior to commencing leave; Maintaining reasonable contact as agreed during any period of leave as well as advising their Line Manager at the earliest opportunity should there be a change to their return to work plans; Providing the correct amount of notice on the return from maternity, paternity or adoption leave by completing and returning the notification of intended return form to ensure also that their pay is reinstated; and Returning from any leave on the agreed date Human Resources The Director of People and Communications has delegated responsibility from the Board to ensure this Policy and associated Procedures is properly implemented and monitored The Human Resources Team has a responsibility to ensure that the Policy and Procedure is followed, fairly and consistently. Their duties will include: Supporting and advising managers in the application of this policy; and Supporting and advising staff with regards to eligibility to pay and leave entitlements Human Resources (HR) Services specific responsibilities include; Providing appropriate communications (e.g. confirmation of intended start date and return dates of leave) relating to maternity, paternity and adoption leave and pay; Notifying the Payroll department of any staff who will be taking maternity, paternity or adoption leave and return from each period of leave. 5

6 4.5. Trade Unions Trade Unions will provide members with support and advice in relation to this Policy and Procedure. 5. PURPOSE 5.1. The purpose of this Policy and Procedure is to provide staff with information about their entitlements to leave and pay with regards to the birth or adoption of a baby or child. The Policy and Procedure includes information on the qualification requirements for leave and pay in both of these circumstances and provides guidance on the steps staff should take in order to benefit. It also includes detail on support and other issues arising when a member of staff needs to take maternity, paternity, adoption shared parental leave. 6. MATERNITY PROVISIONS 6.1. Maternity leave All staff, regardless of their length of service, qualify for the statutory entitlement of 52 weeks maternity leave. Statutory Maternity Leave is made up of 26 weeks Ordinary Maternity Leave, immediately followed by 26 weeks of Additional Maternity Leave Staff must be absent from work on maternity leave for 2 weeks immediately following the birth of her baby. During this period she may not carry out any form of work, including working from home, bank, agency or private practice Maternity pay and eligibility Entitlement to maternity pay is based on length of service. For Statutory Maternity Pay (SMP), this is based on length of service with the Trust at the 15 th week before the Expected Week of Childbirth (EWC). For NHS Contractual or Occupational Maternity Pay (OMP), this is based on length of continuous NHS service at the beginning of the 11 th week before the EWC. Entitlement to Maternity Pay is summarised in the table below: 12 months or more continuous NHS service at the beginning of the 11 th week before EWC* 26 weeks to 12 months continuous service with the Trust at the 15 th week before EWC OMP - Full Pay 8 weeks n/a n/a OMP - Half Pay plus SMP** 18 weeks n/a n/a SMP at higher n/a 6 weeks n/a rate (i.e. 90% of full pay) SMP at the lower 13 weeks 33 weeks n/a fixed rate*** Unpaid leave 13 weeks 13 weeks 52 weeks Total paid leave 39 weeks 39 weeks n/a Less than 26 weeks continuous service with the Trust at the 15 th week before EWC 6

7 * Please note, in the specific event an individual has 12 months continuous NHS service but has just started employment with the Trust and has less than 26 weeks continuous service with the Trust at the 15 th week before EWC, the individual would qualify for OMP but not SMP. ** If half pay plus SMP exceeds full pay then only payment up to full pay will be made. Please note SMP is paid at the lower fixed rate. ***SMP at the lower fixed rate is set by the Government However, individuals will have no entitlement to SMP and the entitlement is 52 weeks unpaid leave only, if:- at the 15 th week before the EWC, the individual has less than 26 weeks continuous service with the Trust. However, in these circumstances the individual may be entitled to receive Maternity Allowance and HR Services will advise on how this allowance may be claimed from the Job Centre Plus/Department of Work and Pensions; or their average earnings are below the lower earnings limit for the payment of National Insurance contribution for the 8 week reference period (See Section on Calculation of Maternity Pay) In addition, to qualify for paid leave under the NHS Contractual/OMP Scheme, the staff member must return to work for a minimum period of 3 months with the Trust or another NHS employer at the end of the maternity leave period By prior agreement with Payroll, OMP 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 paid maternity leave period (i.e. the first 39 weeks). Please note, staff can confirm their payment preference using the Maternity Leave, Pay and Pregnancy Risk Assessment Notification Form in the Maternity, Paternity, Adoption and Shared Parental Toolkit Staff not returning NHS Employment after maternity, paternity or adoption leave Further to Section 6.2.3, if a member of staff does not intend to return to the Trust or another NHS employer for a minimum period of 3 months following maternity/paternity/adoption leave, they will be required to resign from their post in accordance with the notice provision outlined in their Contract of Employment. The individual will be entitled to pay equivalent to Statutory Maternity/Paternity/Adoption Pay only (please see the Statutory Maternity Pay schedule (which will also apply to Statutory Adoption Pay), shown on the table in Section ) Calculation of maternity pay For both types of maternity pay, the actual amount of pay is based on average weekly earnings and will be calculated based on an 8 week reference pay period immediately preceding the 15 th week before the EWC. Please note, if a staff member receives some of their salary as part of a salary sacrifice scheme (e.g. childcare vouchers) the amount of the salary in the salary sacrifice scheme will not be included in the calculation of maternity pay. This reduces the member of staff s contractual pay on which maternity pay is calculated (see also Appendix 5, Section 7.1) Notification requirements In order to qualify for maternity leave the member of staff must comply with the following requirements:- 7

8 The staff member must notify her Line Manager once she is aware of her pregnancy and has been given an Expected Week of Childbirth (EWC). The Line Manager and individual should:- Complete the Maternity Leave, Pay and Pregnancy Risk Assessment Notification Form in the Maternity, Paternity, Adoption and Shared Parental Toolkit; Attach evidence of eligibility (see Section ); and Return the above documents to HR Services in or before the 15th week before the EWC (or if this is not possible, as soon as is reasonably practicable thereafter). On the Form, the staff member must provide the following information:- Her intention to take maternity leave. The date she wishes to start her maternity leave (for further information see Section 6.5) Her intended return to work date That she intends to return to work with the Trust or another NHS Employer for a minimum of three (3) months after her maternity leave period (for further information see Section 6.2.5) Provide evidence of eligibility by means of the original Maternity Certificate (MATB1), which is available from either the GP or Midwife from the 21st week of pregnancy Confirming maternity leave and pay Once the form and evidence for eligibility (see Section ) are received by HR Services, they will confirm the start of the staff member s maternity leave and the date of her return from maternity leave. In addition, they will confirm: the individual s paid and unpaid leave entitlements; the individual s return date; the length of any period of accrued annual leave which has been agreed may be taken following the end of the formal maternity leave period (see Appendix 5, Section 5.2); the need for the individual to give 8 weeks notice if she wishes to return to work before the expected return date. This allows for the necessary arrangements for return to work as well as service planning. However the minimum amount of notice that she must provide is 28 days HR Services will inform Payroll, who will calculate the maternity paid and unpaid leave entitlements and Payroll will subsequently confirm this to the member of staff in writing to their home address The member of staff must record their maternity leave period on E-Roster. The Line Manager should ensure the leave period is recorded correctly and authorise accordingly Maternity leave start date The individual may begin her maternity leave at any time between 11 weeks before the EWC and the EWC, providing that the required notice (i.e. notice provided in or before the 15 th week before the EWC) has been given. The Line Manager must notify HR Services of the date the staff member will be commencing maternity leave (and not the date of any annual leave prior to maternity leave) via the Maternity Leave, Pay and Pregnancy Risk Assessment Notification Form to ensure that the correct amount of maternity pay is paid. 8

9 Changing the maternity leave start date If the staff member subsequently wants to change the date from which she wishes her leave to start, she should notify her Line Manager and HR Services at least 28 days beforehand (or, if this is not possible, as soon as is reasonably practicable) Health and safety and risk assessment of pregnant/expectant, new and breastfeeding mothers On being notified of pregnancy, the Line Manager is responsible for undertaking a compulsory joint risk assessment with the member of staff of her working conditions (see Maternity, Paternity, Adoption and Shared Parental Toolkit for the New and Expectant Mothers: Risk Assessment and Guidance ). The Line Manager must send a copy of the completed risk assessment to Occupational Health. In addition, the Line Manager must provide confirmation that this has been completed to HR Services, using Maternity Leave, Pay and Pregnancy Risk Assessment Notification Form in the Maternity, Paternity, Adoption and Shared Parental Toolkit Where a risk to health is identified, the Line Manager should make a referral to Occupational Health for a recommendation on appropriate actions to ensure that an expectant mother and her child are not put at risk. Actions may include:- Reasonable adjustments to the working arrangements; Temporary redeployment to suitable alternative work (on the individual s normal rate of pay); or Medical exclusion on full pay where no suitable alternative work can be offered. This must be kept under review by the Line Manager, as the pregnancy progresses to ensure risks are minimal and managed These provisions also apply to new mothers who have given birth in the last 6 months and/or are breastfeeding and it is found that carrying out her normal duties would prevent her from being able to successfully breastfeed her child Support during the transition from pregnancy to maternity leave and return to work from maternity leave To facilitate the transition from pregnancy to maternity leave and return to work from maternity leave, the Line Manager and the member of staff should consider the following actions at the following stages: Preparing for maternity leave Agreeing a Keeping in Touch plan (see Maternity, Paternity, Adoption and Shared Parental Toolkit). This should include two key elements: Arrangements for maintaining reasonable contact The member of staff and the Line Manager should discuss and agree arrangements for keeping in touch during the maternity leave period. This should include any arrangements which the individual may find helpful to keep her in touch with developments at work, and, nearer the time of her return, any arrangements that may facilitate her return to work, such as: Sending the Staff Bulletin; Details on changes affecting the Trust, their team or terms and conditions; Information on training courses and seminars; Social or departmental events; and The member of staff keeping the Line Manager in touch with any developments that may affect the intended date of their return to work. 9

10 Keeping in Touch days To facilitate the process of keeping in touch it is important that the Line Manager and the individual discuss arrangements for Keeping in Touch days (KIT days) before the individual s maternity leave commences. KIT days are intended to facilitate a smooth return to work for women returning from maternity leave and may include training or other activities which enable the employee to keep in touch with the workplace. The Line Manager and Individual must ensure that work assigned during KIT days is appropriate and takes account of the individuals scope of competence at that point in time (i.e. taking account of time out of the workplace/ changes that may have occurred during this time). An individual may work for up to a maximum of 10 KIT days without bringing her maternity leave to an end. Any days of work will not extend the maternity leave period. The member of staff may not work during the 2 weeks of compulsory maternity leave immediately after the birth of the baby. The work may be consecutive or not and can include training, attendance at meetings or other activities which enable the individual to keep in touch with the workplace. KIT days must be arranged by agreement and neither the individual nor the manager can insist upon them. The member of staff will be paid for the hours worked, less the appropriate maternity leave payment for KIT days worked. To ensure appropriate payment on KIT days, Line Managers should record worked KIT days on the Variation to Contract Maternity/Adoption form. Working for part of any day will count as 1 KIT day. Any member of staff who is breastfeeding must have her post risk assessed and appropriate facilities provided (see Section 6.6) Accessing available support for example: Support networks - support groups/work colleagues who have also been on maternity leave. Employee Assistance Programme (EAP), Workplace Options provides support to staff on wide range of personal, work and work-life issues (Freephone (24 hours a day, 7 days a week) ; or assistance@workplaceoptions.com) Developing a handover plan Identifying (and recruiting) maternity cover Considering a Return to Work plan (also Section ) During maternity leave To facilitate reasonable contact, the Line Manager and staff member should implement the agreed Keeping in Touch plan Preparing for return from maternity leave Agree a Return to Work plan (see Maternity, Paternity and Adoption Toolkit). As well as discussing key work objectives, and any developments at work, this may include:- Agreeing a phased return - using KIT or annual leave days (this will also help trialling childcare support) 10

11 Agreeing a return on flexible working arrangements - if, prior to end of maternity leave, the member of staff wishes to return to work on different hours, the Trust has a duty to facilitate this wherever possible, with the individual returning on different hours in the same job. Any request for flexible working will be managed in accordance with the Trust s Flexible Working Policy and Procedure Accessing available support and resources relating to childcare/work-life balance (also see Section ) - for example Childcare vouchers- to help with childcare costs the Trust provides staff with the option to subscribe to childcare vouchers (see Appendix 5, Section 7.1) Return to work On returning to work following the maternity leave, the Return to Work plan should be implemented (see Section ) Once a member of staff commences her maternity leave, it will be assumed that the return date from leave will be at the end of the 52 week maternity leave period. If, however, the individual wishes to return to work before the end of the 52 week maternity leave period, she should normally provide her Line Manager with 8 weeks notice of date of return in writing. This allows for the necessary arrangements for her return to work as well as for service planning. However, she must provide no less than 28 days contractual notice. Failure to provide the minimum contractual notice may result in the Trust postponing the return date to allow a 28 day notice period or until the member of staff original return date (whichever is sooner) The member of staff has the right to return to her job under her original contract and on no less favourable terms conditions. Please also see Opportunities for Jobs or Promotion in Appendix 5, Section The staff member must complete the Notification of Return to Work form at least 14 days prior to the agreed return to work date and return it to HR Services. This form will be used to inform Payroll of the return and will reinstate full pay. The Transactional HR Team will the Line Manager to confirm receipt of this form and to advise that unless further instruction is received the employee will be returned to work and full pay reinstated Failure to complete this form may result in an underpayment. The form can be located in the Maternity, Paternity & Adoption Leave Toolkit. Please note, that if the staff member has agreed to take annual leave prior to actually attending work on her return, the date of return will be classed as the first day of annual leave and this should be given on the form above Failure to return to work If a member of staff, who has stated that they intend to return to work, fails to return to the Trust or another NHS employer within 15 months of the beginning of their maternity leave they will be liable to refund the whole of their NHS Contractual/Occupational Maternity Pay, less any Statutory Maternity Pay, received In exceptional circumstances where the Trust considers that to enforce this provision would cause undue hardship or distress the Trust will have the discretion to waive their rights to recovery. However, the member of staff s Line Manager must discuss this with a Human Resources Advisor. 11

12 6.10. Further maternity and post-natal provisions Provisions relating to the following are provided in Appendix 5:- Pregnancy-related information o Antenatal Care o Sickness Absence o Premature Birth o Still birth o Miscarriage Post-natal care and breastfeeding mothers o Time off for post-natal care o Health, safety and support for breastfeeding mothers Parental leave Professional registration Contractual information o Annual leave o Annual leave and pay increments o Staff on fixed term contracts or training contracts o Rotational training contracts o Opportunities for jobs or promotion Benefits and allowances o Childcare voucher scheme o Lease car scheme o Work mobile phones/laptops o Pensions 7. PATERNITY PROVISIONS 7.1. Paternity leave This entitlement will apply to the following categories of staff: Biological and adoptive fathers; Husband or partner of the child s mother (whether opposite or same sex); and Nominated carers Ordinary Paternity Leave (OPL) All eligible staff are entitled to 2 weeks of OPL for each pregnancy (irrespective of multiple births) Staff may take 1 or 2 weeks of the leave as detailed above, however if they choose to take 2 weeks, this must be taken as two consecutive weeks: it cannot be taken as odd days or split weeks Ordinary paternity pay and eligibility Provided that the member of staff fall into any of the above categories in Section and have the right amount of qualifying service, they will be entitled to paternity pay as follows: 12

13 If a member of staff has 12 months continuous NHS service at the beginning of Expected Week of Childbirth (EWC)/by the matching week of the adopted child, they will receive NHS Contractual/Occupational Paternity Pay (which is full pay less any Ordinary Statutory Paternity Pay) for this period of OPL. Full pay will be calculated on the basis of the average weekly earnings rules used for calculating maternity pay entitlements (see Section 6.2.6). If a member of staff has less than 12 months service but more than 26 weeks continuous service with the Trust at the 15 h week before the expected week of childbirth or by the matching week of the adopted child, they will receive Ordinary Statutory Paternity Pay for this period of OPL in lieu of normal pay; If a member of staff has less than 26 weeks continuous service with the Trust at the 15 h week before the expected week of childbirth or by the matching week of the adopted child, this period of OPL will be unpaid. Please note, regarding adoption, the matching week is the week in which the member of staff was notified of having been matched with the child Staff will not be eligible for Statutory Paternity Pay if their average earnings are below the lower earnings limit for the payment of National Insurance contribution for the 8 week reference period up to and including the 15 th week prior to EWC Notification requirements In order to take the leave, the member of staff must notify their Line Manager. The Line Manager and individual must:- Complete the Ordinary Paternity Leave and Pay Notification Form in the Maternity, Paternity, Adoption and Shared Parental Toolkit Complete the associated SC3 SC5 form (see Section ) ; Attach evidence of eligibility (see Section ); and Return the above documents to HR Services, at least 28 days before they wish the leave to start (or if this is not possible, as soon as is reasonably practicable thereafter) The information required on the Ordinary Paternity Leave and Pay Notification Form includes:- The date they wish to start OPL (for further information see Section 7.6); Their intended return to work date; and That they intend to return to work with the Trust or another NHS Employer for a minimum of three (3) months after their OPL period (for further information and principles for return, see Section 6.2.5) Staff must also complete the relevant HM Revenue and Custom s (HMRC) form (available from the Maternity, Paternity, Adoption and Shared Parental Toolkit, HMRC website or gov.uk website):- Form SC3 Becoming a parent through the birth of a baby Form SC4 Becoming an adoptive parent with a UK adoption Form SC5 Becoming parent with an overseas adoption The relevant SC3-SC5 should then be attached to the Ordinary Paternity Leave and Pay Notification Form. 13

14 Evidence of eligibility In addition, the staff member must also provide, either: Proof of pregnancy: a copy Maternity Certificate (MATB1), which is provided to the mother from either the GP or Midwife; or Proof of adoption: a copy of an official notification (for overseas adoption) or a matching certificate provided by the adoption agency (for UK adoptions). 7.5 Confirming Ordinary Paternity Leave and pay Once the documents outlined in Section 7.4 are received by HR Services, they will then confirm the staff member s OPL start and return date, and paid/unpaid entitlements HR Services will inform Payroll, who will calculate the paternity paid/unpaid leave entitlements The member of staff must record their OPL period on E-Roster. The Line Manager should ensure the leave period is recorded correctly and authorise accordingly Ordinary Paternity Leave start date OPL can be taken during the period of 56 days following:- the first day of the Expected Week of Childbirth; or the actual birth of the child; or the placement of the adopted child Ordinary Paternity Leave start date and early births If the baby is born early staff can choose to take their leave any time between the actual date of birth and the end of an 8 week period starting from the Sunday of the week the baby was originally due Changing the paternity leave start date If the staff member subsequently wants to change the date from which they wish their leave to start, they should notify her Line Manager and HR Services at least 28 days beforehand (if that is not possible, as soon as is reasonably practicable) Further Paternity Provisions Provisions relating to the following are provided in Appendix 6:- Antenatal leave Childcare voucher scheme 8. ADOPTION PROVISIONS 8.1. There is an entitlement to 52 weeks adoption leave for all staff wishing to adopt a child who is newly placed for adoption. It will be available to people adopting a child, who will have primary carer responsibilities for that child (hereafter referred as the primary adopter ) 8.2. Where the child is below the age of 18, adoption leave and pay (this includes Statutory Adoption Pay and the NHS Contractual/Occupational Adoption Pay) will be granted and managed in accordance with the maternity leave and pay provisions as set out in 14

15 Section 6 of this Policy and in accordance with Sections 15 and 35 of the Agenda for Change terms and conditions However, please note the following which is specific to adoption leave and pay: Adoption pay and eligibility For the purposes of calculating continuous service for an individual s eligibility for NHS Contractual/Occupational Adoption Pay and Statutory Adoption Pay, this will be from the individual s employment start date with the NHS to up to the matching week, that is the week in which the member of staff is notified of being matched with the child Notification requirements Staff must notify their Line Manager. The Line Manager and individual should complete the Adoption Leave and Pay Notification Form available in the Maternity, Paternity, Adoption and Shared Parental Toolkit, and attach evidence of eligibility and return to HR Services, as follows:- UK adoptions return of Form and evidence would be required no later than 7 days after the date on which notification of the match with the child was provided by the adoption agency. Evidence of eligibility - would be a copy of the adoption matching certificate provided by the adoption agency. Overseas adoption - return of form and evidence would be required no later than 28 days after the date he/she receives the official notification. Evidence of eligibility - would be a copy of the official notification which is normally from the Secretary of State. For both UK and Overseas adoption - at least 28 days notice is required to be given (or as soon as is reasonably practicable) to the Line Manager and HR Services, of the date on which an individual wishes to start adoption leave Adoption leave start date UK adoption leave can start on the day the child is placed for adoption or up 14 days earlier. Overseas adoption leave can start the day on which the child enters the UK or on a chosen date no later than 28 days after the child enters the UK Reasonable time off with pay - should be given to allow staff adopting a child (or children) to attend official meetings in the adoption process. Other time as required may be granted at the manager s discretion If both adoptive parents are employed by the Trust, the period of adoption leave and pay may be shared as follows. One parent should be identified as the primary adopter and be entitled to the majority of the leave. The partner of the primary adopter may be entitled to paternity leave and pay (see Section 7). Either partner may choose to be identified as the primary adopter. 15

16 9. SHARED PARENTAL PROVISIONS Replaced Additional Paternity Leave Entitlement from 5 April Overview of Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) if: Staff may be entitled to SPL and ShPP if: their baby is due on or after 5 April 2015 they adopt a child on or after 5 April 2015 Staff can start SPL if:- they re eligible (see Section 9.3); and they or their partner end ( curtail ) their maternity or adoption leave or pay early (see Section 9.5.1). The remaining leave will be available as SPL. The remaining pay may be available as ShPP. Staff have the right to submit a statutory maximum of 3 notifications/ requests specifying leave periods they are intending to take (see Section 9.5.3). SPL must be taken in blocks of at least 1 week. Parents can choose how much of the SPL each of them will take. SPL and ShPP must be taken between the baby s birth and 1st birthday (or within 1 year of adoption). SSP provisions are complicated; staff and managers are advised to liaise with their HR Advisor to ensure the process is navigated correctly Entitlement If an employee is eligible and they or their partner end ( curtail ) maternity or adoption leave and pay (or Maternity Allowance) early, then they can: take the rest of the 52 weeks of leave (up to a maximum of 50 weeks) as SPL take the rest of the 39 weeks of pay (up to a maximum of 37 weeks) as ShPP A mother must take a minimum of 2 weeks maternity leave following the birth Shared Parental Leave (SPL) Eligibility For staff to be eligible to take SPL, both parents must meet certain eligibility requirements Mother's eligibility for SPL* The mother is eligible for SPL if she: has at least 26 weeks' continuous employment ending with the 15th week before the EWC and remains in continuous employment with the Trust until the week before any period of SPL that she takes; has, at the date of the child's birth, the main responsibility, apart from the partner, for the care of the child; is entitled to Statutory Maternity Leave in respect of the child; and complies with the relevant maternity leave curtailment requirements (or has returned to work before the end of Statutory Maternity Leave), and SPL notice and evidence requirements. 16

17 In addition, for the mother to be eligible for SPL, the partner must: have been employed or been a self-employed earner in at least 26 of the 66 weeks immediately preceding the expected week of childbirth; have average weekly earnings of at least the Maternity Allowance threshold for any 13 of those 66 weeks; and have, at the date of the child's birth, the main responsibility, apart from the mother, for the care of the child. *This applies for primary adopters in cases of adoption with specific eligibility criteria as per Partner's eligibility for SPL The partner is eligible for SPL if he/she: has at least 26 weeks' continuous employment ending with the 15th week before the EWC and remains in continuous employment with the Trust until the week before any period of SPL that he/she takes; has, at the date of the child's birth, the main responsibility, apart from the mother (or primary adopter), for the care of the child; and complies with the relevant SPL notice and evidence requirements. In addition, for the partner to be eligible for SPL, the mother (or primary adopter) must: have been employed or been a self-employed earner during at least 26 of the 66 weeks immediately preceding the EWC; have average weekly earnings of at least the maternity allowance threshold for any 13 of those 66 weeks; have, at the date of the child's birth, the main responsibility, apart from the partner, for the care of the child; be entitled to Statutory Maternity Leave, Statutory Maternity Pay or Maternity Allowance in respect of the child; and comply with the relevant maternity leave or pay curtailment requirements (or have returned to work before the end of statutory maternity leave). Please note, sometimes only one parent in a couple will be eligible to get SPL and ShPP. This means that they can t share the leave Eligibility for Statutory Shared Parental Pay (ShPP) ShPP is available for eligible parents to share between them while on SPL. The number of weeks' ShPP available to the parents will depend on how much statutory maternity/ adoption pay or maternity allowance the mother/ primary adopter has been paid when their maternity/ adoption leave or pay period ends. Any ShPP due during SPL will be paid at a rate set by the Government for the relevant tax year, or at 90% of the employee's average weekly earnings, if this figure is lower than the Government's set weekly rate. It is up to the parents as to who is paid the ShPP and how it is apportioned between them. Any attempt to provide false information will be managed in accordance with Section 9.9. For staff to be eligible for ShPP, one of the following must apply:- 17

18 they qualify for Statutory Maternity/ Adoption Pay they qualify for Statutory Paternity Pay and have a partner who qualifies for Statutory Maternity Pay or Maternity Allowance or Statutory Adoption Pay 9.5. Notification requirements for Shared Parental Leave (SPL) At the earliest opportunity when a member of staff knows about an impending birth, the individual may wish to talk to their Line Manager on the possibility of taking SPL and how this could be accommodated. The notices that the parents must give to the Trust to be able to take SPL are made up of three elements. They are: Element 1: a "maternity/ adoption leave curtailment notice" from the mother/ primary adopter setting out when she proposes to end her maternity leave (unless the mother/ primary adopter has already returned to work from maternity/ adoption leave); Element 2: a "notice of entitlement and intention" from the member of staff giving an initial, non-binding indication of each period of SPL that he/she is requesting; and Element 3: a "period of leave notice" from the employee setting out the start and end dates of each period of SPL that he/she is requesting. The minimum statutory notice periods are set out below. However, the earlier staff inform the Trust of his/her intentions, the more likely it is that the Trust will be able to accommodate staff s wishes, particularly if he/she wants to take periods of discontinuous leave. Staff are advised that, if they have already decided the pattern of SPL that they would like to take, they can provide more than one type of notice at the same time. For example, the mother could provide a maternity leave curtailment notice, notice of entitlement and intention and period of leave notice at the same time. Similarly, the partner could provide his/her notice of entitlement and intention and period of leave notice at the same time Element 1: Mother's/ Primary Adopter notice curtailing Maternity/ Adoption Leave Before the mother/ primary adopter or partner can take SPL, where the mother/ primary adopter is a Trust employee, the mother/ primary adopter must either return to work before the end of her Maternity/ Adoption Leave (by giving the required 8 weeks' notice of planned return) or provide the Trust with a Maternity/ Adoption Leave curtailment notice by completing the Form for a Mother/ Primary Adopter to Curtail their Maternity/ Adoption leave to take SPL in the Maternity, Paternity, Adoption and Shared Parental Toolkit. In the form, the mother/ primary adopter must state the date on which Maternity/ Adoption Leave is to end. That date must be: after the compulsory maternity leave period, which is the two weeks after birth; at least 8 weeks after the date on which they gave the Maternity/ Adoption Leave curtailment notice to their Line Manager ; and at least 1 week before what would be the end of the additional Maternity/ Adoption Leave period. 18

19 The mother must provide her maternity leave curtailment notice at the same time she provides either her notice of entitlement and intention or a declaration of consent and entitlement signed by the mother confirming that her partner has given his/her employer a notice of entitlement and intention (see Section 9.5.2) Response to mother s/ primary adopter notice curtailing Maternity/ Adoption Leave As required, HR/Payroll will confirm to the member of staff the receipt of the notice curtailing Maternity Leave Revocation/withdrawal of maternity/ adoption leave curtailment notice The mother/ primary adopter can withdraw their notice curtailing her maternity/ adoption leave in limited circumstances (by completing the Form to Revoke the Notice Curtailing her Maternity/ Adoption Leave in the Maternity, Paternity, Adoption and Shared Parental Toolkit). The withdrawal of a maternity/ adoption leave curtailment notice can only be given if the mother/ primary adopter has not returned to work. The mother/ primary adopter can withdraw her maternity leave curtailment notice if: it is discovered that neither the mother/ primary adopter nor the partner are entitled to SPL or ShPP and the mother/ primary adopter withdraws their curtailment notice within 8 weeks of the date on which the notice was given; the Maternity/ Adoption Leave curtailment notice was given before the birth/ adoption of the child and the mother/ primary adopter withdraws their leave curtailment notice within 6 weeks of the child's birth/ adoption; or the partner has died Element 2: Notice of entitlement and intention The member of staff, whether the mother or the partner, must provide the organisation with a non-binding notice of entitlement and intention. The individual's notice of entitlement and intention must be provided at least 8 weeks before the start date of the first period of SPL to be taken by the individual, by completing the relevant forms below: If the staff member is the mother/ primary adopter: They must provide their notice of entitlement and intention by completing the Form for a Mother/ Primary Adopter to Provide a Notice of Entitlement and Intention to take SPL in the Maternity, Paternity, Adoption and Shared Parental Toolkit. Please note, the form requires a declaration signed by the mother/ primary adopter that: o She/ he satisfies, or will satisfy, the eligibility requirements to take SPL; o the information she/he gives in the notice of entitlement and intention is accurate; and o she/he will immediately inform the Trust if she/he ceases to care for the child. In addition, the mother's/ primary adopter s notice of entitlement and intention must include a declaration signed by her/his partner: o specifying the partner's name, address, and national insurance number (or declaring that the partner does not have a national insurance number); o declaring that the partner satisfies, or will satisfy, the eligibility criteria (see Section 9.3). 19

20 o declaring that the partner is the father/ mother of the child, or is married to, the civil partner of, or the partner of, the mother/ primary adopter; o declaring that the partner consents to the amount of leave that the mother/ primary adopter intends to take; and o declaring that the partner consents to the mother's/ primary adopter s employer processing the information in the partner's declaration. If the member of staff is the partner: They must provide their notice of entitlement and intention by completing the Form for a Partner to Provide a Notice of Entitlement and Intention to take SPL in the Maternity, Paternity, Adoption and Shared Parental Toolkit. Please note, the form requires a declaration signed by the partner that: o he/she satisfies, or will satisfy, the eligibility requirements to take SPL; o the information given by the partner in the notice of entitlement and intention is accurate; and o he/she will immediately inform the organisation if he/she ceases to care for the child or if the mother informs him/her that she no longer meets the requirement to have curtailed her maternity leave or pay period. In addition, the partner's notice of entitlement and intention must include a declaration signed by the mother/ primary adopter: o specifying the mother's/ primary adopter s name, address, and national insurance number (or declaring that the mother/ primary adopter does not have a national insurance number); o declaring that the mother/ primary adopter satisfies, or will satisfy, the eligibility criteria (see Section 9.3) and she/he will notify the partner if she/he no longer qualifies for maternity/ adoption leave, statutory maternity/ adoption pay or maternity allowance; o declaring that the mother/ primary adopter consents to the amount of leave that the partner intends to take; o declaring that she/he will immediately inform the employee if she/he no longer meets the requirement to have curtailed her maternity/ adoption leave or pay period; and o declaring that the mother/ primary adopter consents to the partner's employer processing the information in the mother's/ primary carer s declaration Request for further evidence of eligibility The Trust may, within 14 calendar days of receiving a notice of entitlement and intention from the member of staff, request: a copy of the child's birth certificate/ adoption certificate (as per 8.3.2) (or, if the child has not been born, a copy of the birth certificate within 14 days of the birth - if the birth certificate has yet to be issued after this period, a signed declaration stating the date and location of the child's birth will suffice); and the name and address of the other parent's employer (or a declaration that the other parent has no employer). The member of staff has 14 calendar days from the date of the request to send the organisation the required information Response to Shared Parental Leave (SPL) notice of entitlement and intention HR/Payroll will confirm to the member of staff their SPL entitlement and ShPP, where applicable. 20

21 Variation or cancellation of notice of entitlement and intention The member of staff can vary or cancel his/her proposed SPL dates following the submission of a notice of entitlement and intention, provided that he/she provides the Trust with written notice using the Form to Vary a Notice of Entitlement and Intention to take Shared Parental Leave in the Maternity, Paternity, Adoption and Shared Parental Toolkit. Please note; the form requires a declaration signed by the mother/ primary adopter and the partner that they agree to the variation. Any indication of leave intended to be taken that the member of staff provides in a variation of notice of entitlement and intention is non-binding until he/she provides a period of leave notice in relation to that period of leave. There is no limit on the number of variations of notice of entitlement and intention that the employee can make Element 3: Employee's period of leave notice To take a period of SPL, the member of staff must provide the Trust with a written notice setting out the start and end dates of each period of SPL requested in that notice by completing the Form to Provide a Period-of Leave Notice to take SPL Maternity, Paternity, Adoption and Shared Parental Toolkit. A period of leave notice must be given not less than 8 weeks before the start date of the first period of SPL requested in the notice. The notice may be given at the same time as a notice of entitlement and intention and can be a request for a continuous period of leave or discontinuous periods of leave (outlined below) Limit on number of requests for leave a statutory maximum of 3 requests The member of staff can provide a combined total of up to 3 requests/periods of leave notices or variations of period of leave notices per pregnancy. Continuous period of SPL If the member of staff submits a period of leave notice requesting one continuous period of leave, he/she will be entitled to take that period of leave. For example, this could be a notification for a period of 6 weeks leave. Discontinuous periods of SPL The member of staff may submit a period of leave notice requesting discontinuous periods of leave. For example, the mother and partner could request a pattern of leave from their respective employers that allows them to alternate childcare responsibilities i.e. for the mother this could involve 4 weeks SPL followed by 3 weeks back at work, followed by a further 4 weeks SPL Variation or cancellation of period of leave notice The member of staff can vary or cancel his/her proposed SPL dates following the submission of a period of leave notice, provided that he/she provides his/her employer with a written notice not less than 8 weeks before any period of leave varied or cancelled by the notice is due to commence, by using the Form to Vary a Period of Notice Leave to take Shared Parental Leave in the Maternity, Paternity, Adoption and Shared Parental Toolkit. The notice can: 21