MATERNITY, PATERNITY, ADOPTION LEAVE & SHARED PARENTAL LEAVE AND PAY GUIDANCE

Transcription

1 MATERNITY, PATERNITY, ADOPTION LEAVE & SHARED PARENTAL LEAVE AND PAY GUIDANCE Version 2 Version 2 1

2 Subject and version number of document: Serial number: Maternity, Paternity, Adoption & Shared Parental Leave and Pay Guidance Version 2 HR/015/V2.00 Operative date: 1 Author: Sonia Weavers, Senior HR Business Partner CCG owner: Links to other policies: Heather Hauschild, Chief Officer Local Anti-Fraud, Bribery & Corruption Policy Concerns & Whistleblowing Policy Review date July 2017 For action by: Policy statement: Responsibility for dissemination to new staff: Mechanisms for dissemination: Training implications: Resource implications: Further details and additional copies available from: Equality analysis completed? All West Hampshire CCG Employees This guidance provides managers, parents, expectant parents and adoptive parents with clear guidelines to paid and unpaid absence from work with regard to a new dependent child. This guidance will be applied to all West Hampshire Clinical Commissioning Group ( the CCG ) employees (including hosted teams). It includes information on pay and leave arrangements for: maternity; paternity; adoption; parental; fostering and fertility treatment provisions. Line managers at induction All policies are published on the CCG website. All new / revised policies are promoted through the CCG staff newsletter. Training and support will be provided to all line managers in the implementation and application of this policy. There are no resource implications arising from this policy. ries/policies-and-guidelines In line with CCG policy, an equality analysis has been completed. It is understood that no employee will receive less favourable treatment on the grounds of disability, age, sex, race, religion or belief, gender reassignment, pregnancy or maternity, marriage or civil partnership, working patterns or trade union membership or non-membership in relation to the Version 2 2

3 Consultation Process: Approved By: Date Approved: 21 July 2015 application of this policy. The equality analysis is included in Appendix 1. Please also refer to section 5. Executive Team Staff Forum Senior Management Team Staff Side Equality & Diversity Lead Policy Sub Group July 2015 Corporate Governance Committee Version 2 3

4 Intranet and Website Upload: Intranet Website Location in FOI Publication Scheme gories/policies-and-guidelines Keywords Probationary Period; New Starter; Employee Amendments Summary: Amend No Issued Page(s) Subject Action Date 1 10 Mar to 32 Replace 10 March 2014 Appendix 1 Risk Assessment Review Log: Include details of when the document was last reviewed: Version Number Review Date Name of Reviewer Ratification Process 2 April 2015 Sonia Weavers Policy Sub Group / Corporate Governance Committee July 2015 Notes Complete review in light of latest legislation Version 2 4

5 MATERNITY, PATERNITY, ADOPTION & SHARED PARENTAL LEAVE AND PAY GUIDANCE CONTENTS 1. Purpose Scope... 9 SECTION A MATERNITY PROVISIONS Principles Entitlement Entitlement to maternity leave Entitlement to statutory maternity pay Entitlement to occupational maternity pay under the NHS Scheme Entitlements under the scheme Timing of leave Early childbirth Sickness absence during pregnancy and leave Ante-natal and post-natal care Calculation of pay Implementation of a pay award or annual increment Employees on a fixed-term or training contract Contractual rights Annual leave Pension Pay progression framework Procedure How to claim maternity leave and pay Return to work Sickness following the end of maternity leave Failure to Return to Work Health and Safety Compulsory Period of Maternity Leave Childcare Voucher Scheme Keeping in Touch Provision for Nursing Mothers SECTION B PATERNITY PROVISIONS LEAVE Policy Statement Entitlement Ordinary paternity leave (OPL) Ordinary paternity pay Version 2 5

6 SECTION C ADOPTION LEAVE PROVISIONS Introduction Eligibility Notice of Intent to Take Adoption Leave Adoption Leave Adoption Pay Return to Work SECTION D SHARED PARENTAL PROVISIONS Principles Entitlement Shared Parental Leave (SPL) Mother's eligibility for SPL Partner's eligibility for SPL Statutory Shared Parental Pay (ShPP) Notification Requirements for Shared Parental Leave (SPL) Revocation/withdrawal of maternity leave curtailment notice Request for further evidence of eligibility Limit on number of requests for leave a statutory maximum of 3 requests Continuous period of SPL Discontinuous periods of SPL SPL in Touch (SPLIT) days Return to work Fraudulent claims SECTION E PARENTAL LEAVE PROVISIONS Policy Statement Principles Entitlement to Leave Timescales for Taking Parental Leave Requests for Parental Leave Appeals Procedure Applying for parental leave Postponing parental leave Arrangements during parental leave Return to Work SECTION F FOSTERING PROVISIONS SECTION G FERTILITY TREATMENT PROVISIONS Principles Eligibility Partner Eligibility Version 2 6

7 4. Application for Leave Sickness as Result of Treatment GENERAL Accessing Available Support Training Equality Analysis Policy Monitoring Policy Review Supporting References Appendix 1 Equality Analysis Version 2 7

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9 MATERNITY, PATERNITY, ADOPTION & SHARED PARENTAL LEAVE AND PAY GUIDANCE 1. PURPOSE 1.1 This guidance provides managers, parents, expectant parents and adoptive parents with clear guidelines to paid and unpaid absence from work with regard to a new dependent child. 2. SCOPE 2.1 This guidance will be applied to all West Hampshire Clinical Commissioning Group ( the CCG ) employees (including hosted teams). It includes information on pay and leave arrangements for: Maternity Paternity Adoption Shared parental leave and pay Parental Fostering Fertilisation treatment SECTION A MATERNITY PROVISIONS 1. PRINCIPLES This policy is intended to promote an employee s awareness of their rights and entitlements during and following pregnancy and conforms to the NHS Staff Council Conditions of Service, the Employment Act 2002 and other current legislation. 2. ENTITLEMENT 2.1 Entitlement to maternity leave Whilst all employees will be entitled to 52 weeks maternity leave, entitlement to paid leave will vary depending on the length of service and the intention following the end of the leave period. 2.2 Entitlement to statutory maternity pay Statutory Maternity Pay (SMP) is applicable to all employees regardless of service The only exemption to SMP is those employees whose earnings are under the lower earnings limit for the payment of National Insurance Version 2 9

10 contributions. In these instances, Maternity Allowance may apply. Human Resources (HR) will advise an employee if they are not eligible for Statutory Maternity Pay. The employee is advised to seek the guidance of their local Benefits Agency. 2.3 Entitlement to occupational maternity pay (OMP) under the NHS Scheme An employee working full or part-time is entitled to Occupational Maternity Pay under the NHS scheme provided that she: Has 12 months continuous service (please refer to Agenda for Change Terms and Conditions, Section 12) with one or more NHS employers and continues to be employed by the CCG until at least the beginning of the 11 th week before the expected week of childbirth (EWC); and Notifies the CCG, on form notification of pregnancy form, (available from HR) on or before the 15 th week before her expected date of childbirth (EDC) that she intends to take maternity leave (or as soon as is reasonably practicable thereafter), of the date she wishes to start her maternity leave and the intention to return to work for a minimum period of three months with the same or another NHS employer; and Submits a statement (MAT B1) signed by a registered medical practitioner or a practising midwife at least 28 days before commencement of maternity leave, indicating the expected date of childbirth. 2.4 Entitlements under the scheme An employee who qualifies for full benefits and intends to return to work with the same or another NHS employer will be entitled to 52 weeks maternity leave, paid as follows:- 8 weeks at full pay including any SMP, Maternity Allowance (MA) or equivalent benefits receivable 18 weeks at half pay reduced only where half pay plus any SMP, Maternity Allowance (MA) or equivalent benefits payable exceeds full pay 13 weeks at SMP, if payable 13 weeks unpaid leave An employee who qualifies for full benefits and does not intend to return to work for the same or another NHS employer will be entitled to 52 weeks maternity leave, paid as follows: 6 weeks SMP, paid as 90% of full pay (average weekly earnings) 33 weeks at the lesser of standard rate SMP or 90% of average weekly earnings 13 weeks unpaid leave An employee who does not qualify for full benefits under the NHS Scheme but who has at least 26 weeks service by the 15 th week before Version 2 10

11 the EWC and meets the earnings rule whether or not she intends to return to work will be entitled to 52 weeks maternity leave, paid as follows: 6 weeks at 90% of full pay 33 weeks at the lesser of standard rate SMP or 90% of average weekly earnings 13 weeks unpaid leave Entitlement to Maternity Pay is summarised in the table below: 12 months or more continuous NHS service at the beginning of the 11th week before EWC* 26 weeks to 12 months continuous service with the CCG at the 15th week before EWC OMP - Full Pay 8 weeks n/a n/a OMP - Half Pay plus 18 weeks n/a n/a SMP** SMP at higher rate n/a 6 weeks n/a (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 CCG at the 15th week before EWC * Please note, in the specific event an individual has 12 months continuous NHS service but has just started employment with the CCG and has less than 26 weeks continuous service with the CCG at the 15th 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 An employee who does not qualify for SMP, whether or not she intends to return to work, will be entitled to 52 weeks maternity leave. No payments will be made during the maternity leave period although maternity allowance or other benefits may be payable directly from Jobcentre Plus By prior agreement with the employer, occupational maternity pay may be paid in a different way, for example, a combination of full pay and half pay or a fixed amount spread equally over the maternity leave period In exceptional circumstances, for example in the case of a multiple birth or sick pre-term babies, the unpaid element of leave may be extended beyond 13 weeks. Requests for this should be submitted in writing to the employee s line manager who may seek advice from the HR department. Version 2 11

12 2.5 Timing of leave Maternity leave may commence at any time between eleven weeks before the EWC and the expected week of childbirth, provided the required notice is given. Early childbirth and maternity related sickness absence will affect this as follows: 2.6 Early childbirth Where childbirth occurs before the 11 th week before the EWC and the employee has worked during the actual week of childbirth, maternity leave will start on the first day of the employee s absence Where childbirth occurs before the 11 th week before the EWC and the employee has been absent from work on certified sickness absence during the actual week of childbirth, maternity leave will start the day after the day of birth Where an employee s baby is born before the 11 th week before the EWC, and the baby is in hospital, she may split her maternity leave entitlement, taking a minimum period of two weeks leave immediately following the birth and the rest of her leave following the baby s discharge from hospital Where an employee has a miscarriage before the 25 th week of pregnancy then normal sick leave provisions will apply In the event of a still birth after the 24 th week of pregnancy the employee will be entitled to the same amount of maternity leave and pay as if her baby was born alive The CCG recognises that this will be a difficult and traumatic time and would encourage the use of the Employee Assistance Programme. This service is available to both employees and family members. 2.7 Sickness absence during pregnancy and leave Where an employee is off work ill, or becomes ill, with a pregnancy related illness during the last four weeks before the EWC, maternity leave will normally commence at the beginning of the fourth week before the expected week of childbirth or the beginning of the next week after the employee last worked, whichever is the later. Absence prior to the last four weeks before the EWC, supported by a medical certificate or selfcertificate will be treated as sick leave in accordance with normal leave provisions. Normal sick leave provisions will be suspended once maternity leave has commenced Odd days of pregnancy related illness during the period may be disregarded if the employee wishes to continue working until the maternity leave start date previously agreed. Version 2 12

13 2.7.3 Where an employee is absent due to illness which is not pregnancy related then normal sick leave provisions will apply until the date previously agreed that maternity leave would commence In the event that an employee receives childcare vouchers and their sick pay entitlement has reduced to a level where their salary is no longer able to fund their childcare vouchers; the cost will continue to be paid by the CCG but will be reclaimed from the employee. 2.8 Ante-natal and post-natal care Pregnant employees have the right to reasonable paid time off for antenatal care including relaxation and parent craft classes Employees who return to work shortly after giving birth, having taken a minimum period of two weeks leave immediately following the birth, will be given paid time off for post natal care e.g. attendance at health clinics. 2.9 Calculation of pay Maternity pay is calculated on average earnings paid for two months prior to the qualifying week which is the 15 th week before the EWC. Employees with average weekly earnings below the Lower Earnings Limit who do not qualify for SMP may be entitled to MA or other benefits Implementation of a pay award or annual increment Absence on maternity leave, whether paid or unpaid, counts as service towards the normal annual increment Where a pay award and/or annual increment are implemented from a date prior to the paid maternity leave period, the maternity pay will be calculated as though the pay award had effect throughout the entire SMP calculation period. If a pay award is agreed retrospectively, the maternity pay will be recalculated on the same basis Where a pay award and/or annual increment is implemented from a date during the paid maternity leave period, the maternity pay due from the operative date of the pay award or annual increment should be increased accordingly. Again, if such a pay award were agreed retrospectively, the maternity pay should be recalculated on the same basis Employees on a fixed-term or training contract An employee who is entitled to full benefits under the NHS Scheme, i.e. who satisfies the conditions under Section 2 and whose contract is due to end after the 11 th week before the EWC, will have her contract extended to enable her to receive 52 weeks maternity leave which includes paid occupational and statutory maternity pay and the remaining 13 weeks of unpaid leave. Version 2 13

14 Under these circumstances, there will be no right of return to be exercised because the contract would have ended if pregnancy and childbirth had not occurred Employees who do not satisfy the conditions under section 2.1 and whose contract ends after the 15 th week prior to the EWC but before the 11 th week prior to the EWC, will not be entitled to maternity leave but SMP may be payable. In this case, the contract will not be extended but the CCG will be responsible for paying any SMP due. Under these circumstances, the employee must inform the CCG if she starts work for another employer following the birth of the baby and must still provide evidence of pregnancy via the MAT B1 form Contractual rights An employee retains all her contractual rights, except remuneration, during the maternity leave period Annual leave Annual leave will continue to accrue during maternity leave, whether paid or unpaid Where the amount of accrued leave would exceed the normal carry over provisions, the manager and employee should agree arrangements for the leave to be taken either prior to or immediately following the maternity leave period In exceptional circumstances, where leave cannot be carried over for operational reasons, payment in lieu of annual leave may be considered All maternity leave, including unpaid maternity leave, will count as service for the purpose of satisfying the service qualification for accruing additional annual leave entitlements Bank holiday leave is not accrued whilst on paid or unpaid maternity leave Pension Contributions will be deducted from salary as normal during paid maternity leave and continue to be payable during unpaid leave. On return to work, arrears of contributions will be recovered and deducted from salary over an agreed period of time Pay progression framework The expectation is that an employee on maternity leave will progress through a pay progression gateway on the due date if concerns have not been raised about the employee s performance prior to maternity leave commencing. Version 2 14

15 3. PROCEDURE 3.1 How to claim maternity leave and pay A notification of pregnancy and risk Assessment form (available from HR) should be completed no later than the end of the 15 th week before the EWC and signed by the employee and their line manager or equivalent. The original form should be sent to HR Maternity leave can start on any day of the week. Any annual leave to be taken before the commencement of maternity leave should be taken into account On receipt of the MAT B1 form from a registered medical practitioner or a practising midwife, the original should be sent to HR along with the maternity leave and pay notification form, at least 28 days before the commencement of leave. Payroll can then determine whether the employee qualifies for SMP. If the employee does not qualify for SMP, they will be sent form SMP1 together with the Maternity Certificate MAT B1. These forms will be needed to claim Maternity Allowance from Jobcentre Plus The employee will receive written confirmation within 28 days of receipt of Form M1 of: their maternity entitlements, both paid and unpaid her expected return date based on 52 weeks paid and unpaid leave unless an earlier return date has been given details of any accrued annual leave that is to be taken at the end of the maternity leave period the need for her to give at least 28 days notice if she wishes to return to work before the expected return date. Form M2 to be included with the letter If the employee subsequently decides that she wishes to change the start date of her maternity leave she must notify her line manager at least 28 days beforehand or where this is not possible as soon as is reasonably practicable. 3.2 Return to work A return to work form (available from HR) will need to be completed and sent to HR. If the employee wishes to take her full entitlement to maternity leave she need not give any further notification of her return to work. An employee has the right to return to her job under her original contract and on no less favourable terms and conditions. Version 2 15

16 3.2.2 If the employee wishes to return to work before the end of her full entitlement to leave, she must give at least 28 days notice of her date of return. Form M2 will be included with the letter mentioned in above for use in these circumstances An employee has the right to apply to return to work on a part-time or flexible working basis. Applications should be made to their line manager and will be given fair and objective consideration. Please refer to the Leave Policy / Flexible Working Guidelines for further guidance. 3.3 Sickness following the end of maternity leave Where an employee is unable to return to work following the date she was due to return as a result of illness, normal sick leave provisions will apply. 3.4 Failure to Return to Work An employee who has notified the CCG of her intention to return to work for a minimum of three months for the same or another NHS employer, and fails to do so within 15 months of the beginning of her maternity leave, will be liable to refund the whole of her maternity pay, less any Statutory Maternity Pay received, (see paragraph 2.4.1). 4. HEALTH AND SAFETY 4.1 Where an employee is pregnant, has recently given birth or is breastfeeding, then a risk assessment of her working conditions will be carried out by Occupational Health. If it is found, or if a medical practitioner considers, that an employee or her child would be at risk were she to continue with her normal duties, she will be provided with suitable alternative work for which she will receive her normal rate of pay. In this instance advice should be sought from CSU HR. 4.2 These provisions also apply to an employee who is breastfeeding if it is found that her normal duties would prevent her from successfully breastfeeding. 5. COMPULSORY PERIOD OF MATERNITY LEAVE 5.1 The legal minimum period of maternity leave which an employee is required to take is 2 weeks. This will commence on the day that the baby is born. 6. CHILDCARE VOUCHER SCHEME 6.1 Information on the childcare voucher scheme and provisions available locally can be obtained from the HR Team. Version 2 16

17 7. KEEPING IN TOUCH 7.1 Before going on maternity leave employees should discuss and agree with their line manager any voluntary arrangements for keeping in touch during their leave. It should be noted that staff absent on maternity leave should receive details of vacancies and other pertinent business information; this is normally done via the post to the employee s home address. 7.2 Keeping in Touch (KIT) days allow employees to do a limited amount of work under their contract during the maternity pay period without loss of SMP for the week. They are intended to facilitate a smooth return to work for women returning from maternity leave and can include attending an away day, training or other activities such as attending staff briefings or meeting with their line manager which enable the employee to keep in touch with the workplace. KIT days are voluntary and should not be imposed on employees. 7.3 Working for part of any day will count as a whole KIT day. 7.4 An employee may work a maximum of 10 KIT days without bringing her maternity leave to an end. Any days of work will not extend the maternity period. 7.5 An employee may not work during the two weeks of compulsory maternity leave immediately after the birth of her baby. 7.6 The employee will be paid at their basic daily rate for the hours worked less appropriate maternity leave payment for KIT days worked 7.7 Any work must be by agreement and neither the employer nor the employee can insist upon it. 7.8 Employees who are breastfeeding will be risk assessed in accordance with paragraph 4.2 and facilities will be provided, where possible, in accordance with paragraph PROVISION FOR NURSING MOTHERS 8.1 If you are a nursing mother returning to work, please inform your line manager as soon as possible so they are able to make the necessary arrangements. 8.2 An employee who is breastfeeding will be given suitable access to a private room to express and store milk in an appropriate refrigerator. Requests for flexible working arrangements to support breastfeeding mothers at work will be considered. Version 2 17

18 SECTION B PATERNITY PROVISIONS 1. POLICY STATEMENT 1.1 Paternity leave (Maternity support) is provided to allow employees time away from work following the birth or adoption of a child. 1.2 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. 2. ENTITLEMENT 2.1 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. 2.2 Ordinary paternity pay To qualify for up to two weeks Ordinary Paternity Pay, an employee must: Have, or expect to have, responsibility for the child s upbringing Be the biological father of the child, or be the mother s spouse, partner or civil partner but not the father of the child, or be the adopter s spouse or partner Have worked continuously for 12 months for one or more NHS employers by the beginning of the week in which the baby is due or the adopted child is due to be placed Where an employee satisfies the conditions in above, payment will be made at full salary, including regular payments and bonus, for up to two weeks An employee who satisfies the conditions in above, except bullet point 3, will be entitled to Statutory Paternity Pay (SPP) and leave provided they: Have 26 weeks continuous service with one or more NHS employers, ending with the 15 th week before the baby is due or the week in which notification of the adoptive match occurs Version 2 18

19 Will continue to be employed up to the date of birth or placement of a child Have average weekly earnings at or above the Lower Earnings Limit SPP is the same as the standard rate for Statutory Maternity Pay, or 90% of average weekly earnings if this is less than SPP If the baby is born earlier than the fourteenth week before it is due and, but for the birth occurring early, the employee would have been employed continuously for 26 weeks, then the employee will be deemed to have the necessary length of service Employees can choose to take either one week s, or two separate or continuous weeks, leave (i.e. not odd days). Only two weeks leave is available irrespective of whether more than one child is born as a result of the same pregnancy or more than one child placed together for adoption Leave can start from: The date of the child s birth or placement (whether this is earlier or later than expected), or A chosen number of days or weeks after the date of the child s birth or placement (whether this is earlier or later than expected), or A chosen date Leave can start on any day of the week on or following the child s date of birth or placement but must be completed: Within 56 days of the actual date of birth or placement of the child, or if the child is born early, within the period from the actual date of birth up to 56 days after the expected week of birth Employees will be entitled to reasonable time off to attend ante-natal classes or official meetings in the adoption process Annual leave will accrue during ordinary paternity leave Paid special/other leave may be granted where there are difficulties at the time of birth. SECTION C ADOPTION LEAVE PROVISIONS 1. INTRODUCTION 1.1 The CCG recognises that there is a considerable commitment required to meet the requirements of the adoption process. Version 2 19

20 2. ELIGIBILITY 2.1 The following arrangements and entitlements will be available to employees wishing to adopt a child through an approved adoption agency and who have primary care responsibilities for that child. 2.2 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. 2.3 If both adoptive parents are employed by the CCG, the period of adoption leave and pay must be shared as follows. One parent should be identified as the primary adopter and be entitled to the majority of leave. The partner of the primary adopter may be entitled to paternity leave and pay (see Section B). Either partner may choose to be identified as the primary adopter. 2.4 The agreement for time off after the adoption should cover circumstances where the child is initially unknown to the adoptive parents. If there is an established relationship with the child, such as fostering prior to adoption, time off for official meetings only should be considered. 2.5 Where the child is below age 18 adoption leave and pay will be in line with the maternity leave and pay provisions set out in Section A. 2.6 If the same employer employs both parents the period of leave and pay may be shared. If one parent is identified as the primary carer, then she/he should be entitled to the majority of the leave with the other person being entitled to paternity leave and pay. 3. NOTICE OF INTENT TO TAKE ADOPTION LEAVE 3.1 Employees are required to inform their line manager of their intention to take adoption leave within 7 days of being notified by the adoption agency that they have been matched with a child for adoption unless this is not reasonably practicable. 3.2 Employees are able to change their mind about the date on which they want their leave to start providing they inform their line manager at least 28 days in advance (unless this is not reasonably practicable). 4. ADOPTION LEAVE 4.1 All employees who are the designated primary carer are entitled to take 52 weeks adoption leave. 4.2 Adoption leave can start from: The date of the child s placement (whether this is earlier or later than expected) or A fixed date which can be up to 14 days before the expected date of placement Version 2 20

21 Adoption leave can start on any day of the week 4.3 Only one period of leave is available irrespective of whether more than one child is placed for adoption as part of the same agreement. 5. ADOPTION PAY 5.1 To be eligible for occupational adoption pay employees need to have 12 months continuous NHS service ending with the week in which they are notified of being matched with a child for adoption. 5.2 Adoption pay will be in line with the maternity leave and pay provisions as set out in Section A, as long as the child is below the age of Employees, who are not eligible for occupational adoption pay, may still be entitled to Statutory Adoption Pay (SAP) subject to qualifying conditions. The rate of SAP is the same as for Statutory Maternity Pay. 6. RETURN TO WORK 6.1 Please refer to Section A, sub-section 3.2). SECTION D SHARED PARENTAL PROVISIONS 1. PRINCIPLES 1.1 Staff may be entitled to Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) if: Their baby is due on or after 5 April 2015 They adopt a child on or after 5 April 2015 They or their partner end ( curtail ) their maternity or adoption leave or pay early (see Section 9.5.1). 1.2 The remaining leave will be available as SPL. The remaining pay may be available as ShPP. 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). 2. ENTITLEMENT 2.1 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. Version 2 21

22 2.2 A mother must take a minimum of 2 weeks maternity leave following the birth. 3. SHARED PARENTAL LEAVE (SPL) 3.1 For staff to be eligible to take SPL, both parents must meet certain eligibility requirements. 3.2 Mother's eligibility for SPL The mother is eligible for SPL if she: Has at least 26 weeks' continuous employment ending with the 15 th week before the EWC and remains in continuous employment with the CCG 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 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. 3.3 Partner's eligibility for SPL The partner is eligible for SPL if he/she: Has at least 26 weeks' continuous employment ending with the 15 th week before the EWC and remains in continuous employment with the CCG 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, 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 must: Have been employed or been a self-employed earner during at least 26 of the 66 weeks immediately preceding the EWC Version 2 22

23 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). 3.4 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. 4. STATUTORY SHARED PARENTAL PAY (ShPP) 4.1 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 pay or maternity allowance the mother has been paid when her maternity leave or pay period ends. 4.2 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. 4.3 It is up to the parents as to who is paid the ShPP and how it is apportioned between them. 4.3 For staff to be eligible for ShPP, one of the following must apply:- They qualify for Statutory Maternity Pay They qualify for Statutory Paternity Pay and have a partner who qualifies for Statutory Maternity Pay or Maternity Allowance or Statutory Adoption Pay. 5. NOTIFICATION REQUIREMENTS FOR SHARED PARENTAL LEAVE (SPL) 5.1 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. A shared parental leave form and maternity leave curtailment notice (available from HR) must be submitted to HR. 5.2 In the form, the mother must state the date on which maternity 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 the mother gave the maternity leave curtailment notice to her line manager ; and Version 2 23

24 At least 1 week before what would be the end of the additional maternity leave period. 5.3 Revocation/withdrawal of maternity leave curtailment notice The mother can withdraw her notice curtailing her maternity leave in limited circumstances (by completing the form for a mother to revoke the notice curtailing her maternity leave (available from HR). The withdrawal of a maternity leave curtailment notice can only be given if the mother has not returned to work. The mother can withdraw her maternity leave curtailment notice if: It is discovered that neither the mother nor the partner are entitled to SPL or ShPP and the mother withdraws her maternity leave curtailment notice within 8 weeks of the date on which the notice was given The maternity leave curtailment notice was given before the birth of the child and the mother withdraws her maternity leave curtailment notice within 6 weeks of the child's birth; or The partner has died If the member of staff is the partner, a shared parental leave for a partner form (available from HR) must be submitted to HR. Please note, the form requires a declaration signed by the partner that: He/she satisfies, or will satisfy, the eligibility requirements to take SPL The information given by the partner in the notice of entitlement and intention is accurate; and 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: Specifying the mother's name, address, and national insurance number (or declaring that the mother does not have a national insurance number) Declaring that the mother satisfies, or will satisfy, the eligibility criteria (see paragraph 3.2) and she will notify the partner if she no longer qualifies for maternity leave, statutory maternity pay or maternity allowance Declaring that the mother consents to the amount of leave that the partner intends to take Declaring that she will immediately inform the employee if she no longer meets the requirement to have curtailed her maternity leave or pay period; and Version 2 24

25 Declaring that the mother consents to the partner's employer processing the information in the mother's declaration. 5.4 Request for further evidence of eligibility The CCG 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 (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. 5.5 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. 5.6 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. 5.7 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. 6. SPL IN TOUCH (SPLIT) DAYS 6.1 An individual can agree to work for the organisation (or attend training) in accordance with KIT days (refer to Section A, sub-section 7). 7. RETURN TO WORK 7.1 Please refer to Section A, sub-section 3.2. Version 2 25

26 8. FRAUDULENT CLAIMS 8.1 The CCG can, where there is a suspicion that fraudulent information may have been provided or where the CCG has been informed by the HM Revenue & Customs (HMRC) that a fraudulent claim was made, investigate the matter further in accordance with the CCG s usual investigation and disciplinary procedures. SECTION E PARENTAL LEAVE PROVISIONS 1. POLICY STATEMENT 1.1 Parental leave is provided to enable employees to take time off work to look after a child or make arrangements for a child s welfare. Parents or those who have formal parental responsibility can use it to spend more time with children and strike a better balance between their work and family commitments. 1.2 This policy should also be seen as operating with the provisions on flexible working arrangements and employment breaks (see appropriate policies for more information). It should be noted that parental leave is unpaid. 2. PRINCIPLES 2.1 Employees who have nominated caring responsibility for a child under 14, or 18 in cases of adoption or a disabled child are eligible for parental leave 2.2 Training and support will be provided to all line managers in the implementation and application of this policy 3. ENTITLEMENT TO LEAVE 3.1 The right to parental leave entitles all employees who have completed 12 months continuous NHS service to take a period of unpaid leave to care for each child under 14, or 18 in cases of adoption or a disabled child. 3.2 The entitlement is 18 weeks unpaid leave per child to be taken in periods of at least one week at a time and 18 weeks for each adopted child or child entitled to a disability living allowance. In the case of twins, each parent will be entitled to 18 weeks for each child (18 weeks for parents of each adopted or disabled child) 3.3 A maximum of four weeks can be taken in any one year. Both parents can take parental leave. 3.4 An application for unpaid leave for parental leave form, (available from HR) will need to be completed and submitted to their line manager for approval. Version 2 26

27 3.5 Requests for parental leave must not be wilfully incorrect in any material fact of they could be considered fraudulent and dealt with in accordance with the CCG s Local Anti-Fraud, Bribery and Corruption Policy. 4. TIMESCALES FOR TAKING PARENTAL LEAVE 4.1 Up to 18 weeks leave up until the child s 14th birthday; or if the child is disabled (defined as being eligible to receive Disability Living Allowance) or adopted, up to 18 weeks leave up until the child s 18th birthday. 4.2 Parents can start taking parental leave as soon as a child is born or placed for adoption, or as soon as they have completed one years continuous NHS service, whichever is later. 5. REQUESTS FOR PARENTAL LEAVE 5.1 All requests for parental leave must be made on the appropriate form (available from HR), signed by a departmental manager and copied to HR and Shared Business Services for monitoring and recording and payment purposes. 6. APPEALS 6.1 Employees have the right to appeal against the decision to not be granted parental leave by their line manager which must be submitted in writing within 7 working days. The manager has to provide an appeal hearing date within 10 working days of the written request being received. All appeals need to be documented. 7. PROCEDURE 7.1 Applying for parental leave When applying for parental leave the employee must, where possible, complete and hand in the form PAR 1 (available from HR) and: Specify the length of leave required Give at least 21 days notice before the beginning of the period of leave. 7.2 Postponing parental leave Parental leave may be postponed in exceptional circumstances where the timing would cause significant operational problems If a request for leave is postponed: It will only be deferred once and alternative dates will be offered Postponement will be for no longer than three months; Version 2 27

28 Deferred leave offered will be for the same length of time as that requested, and the start and end dates of deferred leave will be mutually agreed An employee will be given reasonable written notice of a deferral together with the reasons The minimum notice will be: Two weeks before the start of the requested leave where the leave is for two weeks or less Where the leave is more than two weeks, the same length as the parental leave requested An employee who considers that his/her request for leave has been unreasonably postponed, may appeal through the CCG s grievance procedure (please refer to the CCG s Concerns and Whistleblowing Policy). 7.3 Arrangements during parental leave Whilst taking parental leave, employees are on unpaid leave During the period of parental leave, the employee will retain all contractual rights except remuneration, including entitlement to annual leave, eligibility for an annual incremental payment, and pension rights. Pension contributions will continue to be payable during periods of parental leave. Arrears of contributions will be deducted by the salaries department over an agreed period of time. 8. RETURN TO WORK 8.1 Please refer to Section A, sub-section 3.2. SECTION F FOSTERING PROVISIONS 1. If any employee requires time off work, to undertake foster care then this will be dealt with on an individual basis. Any applications for time off whether paid or unpaid should be made through the line manager who will then discuss this with HR, to provide a consistent approach across the CCG. 2. Requests for foster leave must not be wilfully incorrect in any material fact or they could be considered fraudulent and dealt with in accordance with the CCG s Local Anti-Fraud, Bribery and Corruption Policy. Version 2 28

29 SECTION G FERTILITY TREATMENT PROVISIONS 1. PRINCIPLES 1.1 Fertility treatment leave guidance is for both managers and staff who are undertaking IVF treatment or have a partner who is receiving treatment. 1.2 It outlines the procedure to be followed when a member of staff requests leave to attend appointments for treatment and how to apply for fertility treatment leave. 1.3 At all times managers will be expected to treat the matter with sensitivity and with the appropriate level of confidentiality. 2. ELIGIBILITY 2.1 An employee who has 12 months continuous service with the CCG at the time of applying and who is undergoing fertility treatment may be granted fertility treatment leave. 2.2 Employees are asked, wherever possible, to arrange appointments outside of work, however where this is not possible, an employee may be granted up to 5 working days of paid fertility leave in the 12 months immediately preceding that date in order to undertake fertility treatment and attend appointments specifically associated with the end part of the IVF process (i.e. pre-booked interventions for consultant appointments, collection and delivery of eggs etc.) 2.3 The fertility treatment paid leave can be taken to suit the member of staff s needs, for example, 5 days in one block, separate days or ½ days. 2.4 If an employee should require any additional time off, then alternative leave arrangements should be agreed with their line manager to include annual leave or unpaid leave. 3. PARTNER ELIGIBILITY 3.1 If it is an essential requirement within the course of treatment for the partner to attend a specific appointment, the CCG will also allow up to 2 day of fertility treatment leave in the 12 months preceding that date to undertake fertility treatment. 3.2 The fertility treatment paid leave can be taken to suit the member of staff s needs, for example, 2 days in one block, separate days or ½ days. 3.3 Where partners are not receiving treatment but would like to attend appointments with their partner they would be expected to take annual leave or unpaid leave. Version 2 29

30 4. APPLICATION FOR LEAVE 4.1 Employees should advise their manager as soon as possible that they are undergoing treatment and wish to apply for fertility treatment leave. 4.2 Employees may be required to provide documentary evidence of all appointments (letter or appointment card). 4.3 Employees should try and arrange for appointments that will cause minimum amount of inconvenience to the service. 5. SICKNESS AS RESULT OF TREATMENT 5.1 Should the employee require time off due to side effects of the treatment which may include recommended periods of rest, this will be recorded in line with CCG s sickness absence procedure. GENERAL 3. ACCESSING AVAILABLE SUPPORT Occupational Health Employee Assitance Programme (EAP) Right Management available 24/7 365 days a year. Free and confidential access to information, advice and support. 4. TRAINING 4.1 Training and support will be provided to all line managers in the implementation and application of this policy. 5. EQUALITY ANALYSIS 5.1 In line with CCG policy, an equality analysis has been completed. It is understood that no employee will receive less favourable treatment on the grounds of disability, age, sex, race, religion or belief, gender reassignment, pregnancy or maternity, marriage or civil partnership, working patterns or trade union membership or nonmembership in relation to the application of this policy. The equality analysis is included in Appendix Where an employee has a disability the CCG will consider and make (wherever possible) reasonable adjustments to ensure that the implementation of this policy is accessible and fair. Where an employee is the parent / carer for a disabled infant or child the CCG will consider requests for flexible implementation of this policy in order to avoid discrimination by association. Version 2 30