LEAVE FOR PARENTS GUIDELINES

Transcription

1 Wirral University Teaching Hospital NHS Foundation Trust LEAVE FOR PARENTS GUIDELINES (Maternity/Adoption/Paternity/Parental/Shared Parental Leave) Version 8.1 PART OF THE TRUST S WORK/LIFE BALANCE POLICY

2 CONTENTS Content Page MATERNITY LEAVE & PAY Health & Safety Notice of Intention to take Maternity Leave Commencement of leave and related matters The right to take time off with pay for ante-natal care Return to work Failure to return to work General Application for Maternity Leave Leave & Payments Childcare Vouchers Effects of Maternity Leave on Other Terms and Conditions of Service Increments Annual Leave Pension Keeping in Touch 12 Appendices Appendix 1 Application for Maternity Leave Appendix 2 Maternity Leave and Pay Summary 15 Model Letters 17 to 25 MAT LEAVE 1 MAT LEAVE 1A MAT LEAVE 2 MAT LEAVE 2A MAT LEAVE 3 MAT LEAVE 4 MAT LEAVE 5 MAT LEAVE 6 MAT LEAVE PRO FORMA 7 02/02/2016 Page 2 of 69

3 ADOPTION LEAVE & PAY Eligibility Leave & Payments Notice of intention to take Adoption Leave Commencement of Leave and Related Matters Time off for Pre-Adoption Appointments Matching Certificates Return to Work Failure to return to work Childcare Vouchers Affects of Adoption Leave on Other Terms & Conditions of Service Keeping in Touch (KIT) Appendices Appendix 1 Application for Adloption Leave Model Letters ADOPTION LEAVE 1 ADOPTION LEAVE 2 ADOPTION LEAVE 3 ADOPTION LEAVE 4 ADOPTION LEAVE PRO FORMA 5 PATERNITY PAY & LEAVE Paternity Leave for Birth Parents Paternity Leave for Adopting Parents Effects of Paternity Leave on Other Terms and Conditions of Service Increments Annual Leave Pension /02/2016 Page 3 of 69

4 Model Letters 43 PATERNITY LEAVE Appendices Appendix 1 Self Certificate Form SC3 44 Appendix 2 Self Certificate Form SC4 48 PARENTAL LEAVE Eligibility 2 Entitlements Staff remain employed while on Parental Leave Conditions Effects of Parental Leave on Other Terms and Conditions of Service Increments Annual Leave Pension Model Letters PARENTAL LEAVE MODEL LETTER 1 50 Appendices Appendix 1 Application for Parental Leave Form 51 Shared Parental Leave & Pay 1 Introduction 2 Definitions... 3 Scope... 4 Amount of Shared Parental Leave Available... 5 Eligibility... 6 Notice Requirements... 7 Continuous Period of Shared Parental Leave... 8 Discontinous Periods of Shared Parental Leave... 9 Shared Parental Pay Eligibility for Statutory Shared Parental Pay Terms and Conditions during Shared Parental Leave... 02/02/2016 Page 4 of 69

5 12 Contact during Shared Parental Leave Returning to work following Shared Parental Leave Fraudulent claims... 02/02/2016 Page 5 of 69

6 Maternity Leave and Pay 1. Health & Safety 1.1 The Management of Health and Safety at Work (Amendment) Regulations 1994 The law requires employers to make special provision, where necessary, to safeguard the health and safety of new and expectant mothers and their babies. You should discuss with your manager who should carry out a Risk Assessment whether there are any work related precautions which you need to take whilst working:- during your pregnancy for the 6 months following the birth whilst breast feeding 1.2 Congenital Disabilities (Civil Liability) Act 1976 Pregnant women are strongly advised to consult with their General Practitioner to ensure that they are capable of continuing their duties at work without harming the baby, particularly if the duties involved driving, or handling dangerous substances. If the General Practitioner is concerned about the continuation of some or all of the duties you must inform the Trust in writing so that appropriate alternative arrangements may be made. The above Act bestows a right of action to sue for damages upon an infant who has suffered damage before birth. In this respect if the Trust is not aware of the situation and circumstances then liability for damage to the unborn child may be limited. Where alternative work is provided the employee will receive no less than her normal rate of pay. Where it is not reasonably practicable to offer suitable alternative employment, the employee should be suspended on full pay. 2. Notice of Intention to take Maternity Leave You must notify the Trust in writing of the date you intend to start your maternity leave by the end of the 15 week before your expected week of childbirth or if this is not possible, as soon as is reasonably practicable thereafter. If you subsequently decide to change this date then you must give the Trust 28 days notice of the new date or else as much notice as possible. If appropriate, (in order to be eligible for Employer s Maternity Pay) you must also inform the Trust that you intend to return to work for the same or another NHS employer for a minimum period of 3 months after the maternity leave has ended. An application form for maternity leave is enclosed at Appendix 1. The Trust is also entitled to receive on request confirmation of the actual date of childbirth and therefore you must provide a MAT B1 form from your midwife or General Practitioner. If you intend to return to work before 52 weeks from the start of your maternity leave, then you must give the Trust 8 weeks notice of the date you intend to return to work. 02/02/2016 Page 6 of 69

7 In the absence of such notice it will be assumed that you intend to return to work after 52 weeks from the start of your maternity leave. 3. Commencement of leave and related matters Maternity leave shall not commence prior to the beginning of the eleventh week before the expected week of childbirth. However, leave may commence at any time after that. In this event we advise that any delayed commencement date should be supported by a medical certificate of fitness from your General Practitioner. Unless there are exceptional circumstances, the required notice should be given to commence leave. 4. The right to take time off with pay for ante-natal care Time off with pay will be given to enable you to attend ante-natal clinics and relaxation and parent craft classes but your manager is entitled to see documentary evidence of such appointments. Fathers and partners of pregnant women are entitled to unpaid time off to attend two ante-natal appointments. Your manager is entitled to ask the you for a declaration stating the date and time of the appointment, that you qualify for the unpaid time off through your relationship with the mother or child, and that the time off is for the purpose of attending an ante-natal appointment with the expectant mother that has been made on the advice of a registered medical practitioner, nurse or midwife. 5. Return to work By law you must not return to work within two weeks of giving birth (see Maternity (Compulsory Leave) Regulations 1994). For Laundry, HSSU and Kitchen staff the compulsory leave period is 4 weeks (see Section 205 Public Health Act 1936). An employee who intends to return to work at the end of her statutory maternity leave will not be required to give any further notification to the employer, although if she wishes to return early she must give at least 8 weeks notice. An employee has the right to return to her job under her original contract and on no less favourable terms and conditions. If at the end of maternity leave the employee wishes to return to work on different hours the Trust has a duty to facilitate this wherever possible, with the employee returning to work on different hours in the same job. If this is not possible the Trust must provide written, objectively justifiable reasons for this and the employee should return to the same grade and work of a similar nature and status to that which they held prior to their maternity absence. If it is agreed that the employee will return to work on a flexible basis, including changed or reduced hours, for an agreed temporary period this will not affect the employees right to return to her job under her original contract at the end of the agreed period. Please also see the Flexible Working Policy. 02/02/2016 Page 7 of 69

8 6. Failure to return to work 7. General If an employee who has notified her employer of her intention to return to work for the same or a different NHS employer in accordance with section 2, paragraph 2 above fails to do so (ie she does not return to work for the same or another NHS employer for a minimum of 3 months after the maximum 12 months maternity leave has ended) she will be liable to refund the whole of her maternity pay, less any Statutory Maternity Pay, received. 7.1 Sickness Prior to Childbirth If you are off work ill, or become ill, with a pregnancy related illness during the last four weeks before the expected week of childbirth, 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 expected week of childbirth, supported by a medical statement of incapacity for work, or a self-certificate, shall be treated as sick leave in accordance with normal leave provisions. Odd days of pregnancy related illness during this period may be disregarded if you wish to continue working until the maternity leave start date previously notified to the Trust Sickness Following the End of Maternity Leave In the event of illness following the date you were due to return to work normal sick leave provisions will apply as necessary. 7.3 Premature Birth If the child is born prematurely the employee will be entitled to the same amount of maternity leave and pay as if her baby was born at full term. If the baby is born before the eleventh week before the expected week of childbirth and the employee has worked during the actual week of childbirth, maternity leave will start on the first day of the employee s absence. If the baby is born before the eleventh week before the expected week of childbirth and the employee has been absent from work on certified sickness absence during the actual week of childbirth, maternity will start the day after the day of birth. If the baby is born before the eleventh week before the expected week of childbirth and the baby is in hospital the employee may split her maternity leave entitlement, taking a minimum period of 2 weeks leave immediately after childbirth and the rest of her leave following the baby s discharge from hospital. If there is any other change in your circumstances, please consult the Human Resource Department regarding your entitlement. 02/02/2016 Page 8 of 69

9 8. Application for Maternity Leave In order for you to be eligible for maternity leave and pay you should complete the attached application form (Appendix 1) It is recommended that you read these notes carefully and then discuss your situation with Human Resources Department before completing the attached application form. In order for you to be eligible for maternity leave and pay this form must be submitted to Human Resources. 9. Leave & Payments Part 1 Entitlements for staff who intend to return to work 9.1 Leave entitlements 9.2 Payments i) Your entitlement to statutory maternity leave is 52 weeks, made up of 26 weeks Ordinary maternity leave and 26 weeks Additional unpaid leave. Leave can start on any day of the week. There are three types of payments. Two of these are statutory entitlements and the third is for NHS staff. The conditions which determine eligibility for these payments are set out below. i) Statutory Maternity Pay If you have completed 26 weeks continuous service with the Trust by the 15th week before the expected week of childbirth you may be eligible for Statutory Maternity Pay. This is payable for 39 weeks. ii) Maternity Allowance This is a flat rate allowance paid by the Jobcentre Plus for 39 weeks to individuals who are not eligible for Statutory Maternity Pay. If you have not yet completed 26 weeks service with the Trust by the 15 th week before the expected week of childbirth but have worked at least 26 weeks in the 66 week period ending with the 15 th week before the expected week of childbirth you may be eligible for this allowance. iii) Employer s Maternity Pay If you have been continuously employed by the NHS for a period of 12 months at the 11 th week before the expected week of childbirth you will be entitled to payments as follows:- For the first 8 weeks of absence, full pay less any Statutory Maternity Pay or Maternity Allowance, (including dependants allowances) receivable. For the next 18 weeks half of full pay plus any Statutory Maternity Pay or Maternity Allowance (including any dependants allowances) receivable providing the total receivable does not exceed full pay. 02/02/2016 Page 9 of 69

10 For the next 13 weeks Statutory Maternity Pay is payable. For the next and final 13 weeks, leave will be unpaid. In total 52 weeks leave, 39 weeks of which you will be paid as detailed above. Part 2 Entitlements for staff who do not intend to return to work Leave entitlements Your entitlement to statutory maternity leave is 52 weeks, made up of 26 weeks Ordinary maternity leave and 26 weeks Additional unpaid leave. Leave can start on any day of the week Payments i) Statutory Maternity Pay If you have completed 26 weeks continuous service with the Trust by the 15 th week before the expected week of childbirth you may be eligible for Statutory Maternity Pay. This is payable for 39 weeks. ii) Maternity Allowance This is a flat rate allowance paid by the Jobcentre Plus for 39 weeks to individuals who are not eligible for Statutory Maternity Pay. If you have not yet completed 26 weeks service with the Trust by the 15 th week before the expected week of childbirth but have worked at least 26 weeks in the 66 week period ending with the 15 th week before the expected week of childbirth you may be eligible for this allowance. iii) Employer s Maternity Pay If by the 11 th week before the expected week of childbirth you have twelve months continuous service in the NHS, whole or part time, you will be entitled to receive the equivalent to Statutory Maternity Pay, which is paid 90% of average weekly earnings for the first 6 weeks and to flat rate Statutory Maternity Pay for the following 33 weeks. Your contract of employment will expire at the end of this 39 week period. Part 3 Staff who are undecided and wish to retain the right to return to work i) This section applies to staff who have had 12 months continuous NHS service and would otherwise be entitled to up to 52 weeks leave in total. If you are unable to notify the Trust of your intention prior to commencing leave you will not be entitled to Employer s Maternity Pay but you will be allowed to retain the right to return to work within the 52 week leave period. ii) Staff who have less than 12 months continuous NHS service but who have 26 weeks or more service who are unable to notify the Trust of their intention prior to commencing leave may be entitled to Statutory 02/02/2016 Page 10 of 69

11 10 Childcare Vouchers Maternity Pay for 39 weeks and to retain the right to return to work within the overall period of 52 weeks The Childcare Voucher Scheme offers staff a way of saving Tax and National Insurance on their childcare costs. Details are available from the Childcare Coordinator As the scheme operates as a salary sacrifice scheme, any employee who is purchasing vouchers and becomes pregnant should contact the Childcare Coordinator, in writing, as continuing to receive vouchers may affect their average pay which is used to work out maternity pay. 11 Effects of Maternity Leave on Other Terms and Conditions of Service 11.1 Increments 11.2 Annual Leave Absence on Maternity Leave will count towards any annual increments on the employees pay scale and will not defer the normal incremental date. Annual leave and bank holiday leave will continue to accrue during maternity leave, whether paid or unpaid. It is the line manager s responsibility to ensure that the annual leave is planned in advance of the maternity leave. Therefore, the manager and the employee must meet to agree when the annual leave will be taken. 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 leave period. Where annual leave cannot be taken before the maternity leave period, managers must ensure that, where possible, the annual leave is added onto the end of 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 Pension For pensionable staff, all service during Maternity Leave will be subject to pension payments, even when such Leave is without pay, outstanding pension payments which have accumulated during this leave will become due on return to work and are repaid at intervals which equate to the period of absence (eg payments which have accumulated over a period of 4 weeks on no pay will be deducted over a 4 week period following return to work). 02/02/2016 Page 11 of 69

12 12 Keeping in Touch (KIT) Before going on leave, you should discuss and agree with your manager any voluntary arrangements for keeping in touch during maternity leave including: 7.1 Arrangements to help you keep in touch with developments at work and, nearer the time of your return, to help facilitate a return to work; 7.2 Keeping your manager in touch with any developments that may affect your intended date of return. If you and your manager both agree you can do up to 10 days work under your contract of employment with WHT during your maternity leave. These are known as Keeping in Touch Days (KITs). They could also be used for mandatory training or to ease your return to work. Your manager should agree the arrangements including what you will be doing and how you will be paid. Working for part of a day will count as 1 KIT day, however, you will be paid for the actual number of hours worked. The Trust cannot demand that you come into work at any time during your maternity leave period nor penalise you for refusing to take up a keeping in touch day, nor does the Trust have to offer a KIT day to you. However, should you work KIT days (up to a maximum of 10 days) you will not lose your Statutory Maternity Pay for any time during the week you work during your maternity pay period. You will be paid your contractual hourly rate on KIT days for the hours worked, with the minimum pay being equivalent to SMP. Previously if a mum worked any day of a week during her maternity pay period she would lose her total week s SMP. NMC Revalidation - It is advised that whilst on maternity leave a nurse or midwife must still revalidate so not to fall off the NMC register. It is advised that the revalidation discussion takes place during one of the Keep in touch (KIT) days so the nurse or midwife remains revalidation ready. 02/02/2016 Page 12 of 69

13 APPENDIX 1 (page 1 of 2) WIRRAL UNIVERSITY TEACHING HOSPITAL NHS FOUNDATION TRUST APPLICATION FOR MATERNITY LEAVE Please discuss the options available with a Human Resources Administrator before completing this form. FULL NAME HOME ADDRESS DEPARTMENT AND UNIT POST HELD HOURS OF DUTY TYPE OF CONTRACT PLEASE TICK BOXES AS APPROPRIATE PERMANENT FIXED TERM ENDING TEMPORARY ON (Date) Date of commencement of employment in the Trust. Details of previous NHS service if unbroken or with breaks of less than 3 months (please specify dates and hours of duty if less than 16 hours per week). Your HR Manager or Shared Services can give you details of what counts as NHS service/breaks if needed... My expected date of childbirth is. A certificate of the expected date of childbirth, signed by a registered medical practitioner or a certified midwife is:- Enclosed Will be forwarded to you as soon as is reasonably practicable 02/02/2016 Page 13 of 69

14 APPENDIX 1 (page 2 of 2) PART 1 TO BE COMPLETED IF YOU INTEND TO RETURN TO WORK I confirm that I intend to return to work following my Maternity Leave, and (for those with 12 months minimum NHS service) that I undertake to return to NHS employment for a minimum of 3 months continuous service. I intend to commence Maternity Leave on. (Date) PART 2 TO BE COMPLETED IF YOU DO NOT INTEND TO RETURN TO WORK I confirm that I do not intend to return to work following my Maternity Leave AND I will be leaving employment on.. (Date) PART 3 TO BE COMPLETED IF YOU ARE UNDECIDED AND WISH TO RETAIN THE RIGHT TO RETURN TO WORK I wish to apply for Statutory Maternity Pay, if appropriate. I understand that I am not entitled to Employer s Maternity Pay but will retain the right to return to work within a period of 52 weeks from the commencement of absence, which will be on (Date) I confirm that I have read carefully the guidance notes on Maternity Leave, Pay and Conditions.. Signature of Applicant Date.... Date Signature of Head of Department I confirm as Head of Department that I have discussed Keeping in Touch during the period of maternity leave. Signed.. Date. NOTE THIS APPLICATION DOES NOT CONFER ANY RIGHT TO PARTICULAR BENEFITS. YOUR ENTITLEMENTS WILL BE CHECKED AND SUBSEQUENTLY CONFIRMED TO YOU IN WRITING AS SOON AS POSSIBLE. 02/02/2016 Page 14 of 69

15 APPENDIX 2 MATERNITY LEAVE & PAY SUMMARY Maternity Leave Eligibility - no service qualification required 52 weeks maternity leave (26 weeks ordinary leave, 26 weeks additional unpaid leave) Statutory Maternity Pay (SMP) Eligibility 26 weeks continuous service with the Trust by 15 th week before EWC: 6 90% of salary (8 week average) per week (@ April 2010) (Total 39 weeks) Maternity Allowance (MA) (if not eligible to SMP) Eligibility May be payable by Jobcentre Plus Maternity Allowance per week (@ April 2010) or else 90% of earnings for the full 39 weeks if this is less than per week. Employers Maternity Pay Eligibility - 12 months continuous NHS 11 weeks before EWC 8 weeks full pay (less SMP/MA receivable) 18 weeks ½ pay (plus SMP/MA) 13 weeks statutory maternity pay 13 weeks unpaid (Total 52 weeks paid leave) 02/02/2016 Page 15 of 69

16 MAT LEAVE MODEL LETTER 1 RETURNING With less than 26 weeks continuous NHS service at 15 weeks before the expected week of childbirth:- = 52 weeks unpaid leave. May be entitled to Maternity Allowance from Jobcentre Plus. Dear MATERNITY LEAVE Congratulations and thank you for telling us about your pregnancy and the date that your baby is due. I am writing to you about your Maternity Leave and pay. 1. I acknowledge receipt of your application for Maternity Leave dated 2. I confirm that your leave will commence on with your expected date of childbirth being and will be for a period of 52 weeks ending on. You will therefore return to work during the week commencing. Please contact your Manager nearer that date to make the appropriate arrangements. If you want to change the date your leave starts you must, if at all possible, tell me at least 28 days before your proposed new start date or 28 days before [insert date leave starts] (your original start date), whichever is sooner. If you decide to return to work before [insert date leave ends], you must give me at least 8 weeks notice. 3. (I must remind you that you are required to submit a certificate of expected date of childbirth as soon as this is available in order to be eligible for Maternity Leave). (In addition as you intend working beyond the eleventh week before your expected week of childbirth it is in your interest for you to submit a medical certificate of fitness covering the period from Sunday to Saturday ). 4. You will have no entitlement to any payment from the Trust during this period and if you are superannuable you will be required to make superannuation payments for the whole period of your absence. If applicable the Payroll Department will advise you of the details. Should any circumstances change during your agreed period of Maternity Leave, please advise us immediately. Yours sincerely HR Advisor Copy: Payroll Manager Working Families Advisor Line Manager 02/02/2016 Page 16 of 69

17 MAT LEAVE MODEL LETTER 1A RETURNING With 26 weeks service at 15 weeks before the expected week of childbirth, but less than 12 months continuous NHS service at 11 weeks before childbirth:- = Up to 52 weeks leave including 39 weeks Statutory Maternity Pay if eligible Dear MATERNITY LEAVE 1. Congratulations and thank you for telling us about your pregnancy and I acknowledge receipt of your application for Maternity Leave dated. 2. I confirm that your leave with Statutory Maternity Pay, if eligible, will commence on with your expected date of childbirth being and will be for a period of 39 weeks ending on.. If you want to change the date your leave starts you must, if at all possible, tell us at least 28 days before your proposed new start date or 28 days before [insert date leave starts] (your original start date), whichever is sooner. 3. (I must remind you that you are required to submit a certificate of expected date of childbirth as soon as this is available in order to be eligible for Maternity Leave). (In addition as you intend working beyond the eleventh week before your expected week of childbirth it is in your interest for you to submit a medical certificate of fitness covering the period from to.) 4. You will also be entitled to a period of unpaid Maternity Leave which, together with the paid Maternity Leave shall not exceed a total of 52 weeks expiring on. If you are superannuated you will be required to make superannuation payments for the whole period of absence including periods of unpaid leave. If applicable, the Payroll Department will advise you of the details. If you decide to return to work before [insert date leave ends], you must give me at least 8 weeks notice. Should any circumstances change during your agreed period of Maternity Leave please advise us immediately. Yours sincerely HR Advisor Copy: Payroll Manager Working Families Advisor Line Manager 02/02/2016 Page 17 of 69

18 MAT LEAVE MODEL LETTER 2 RETURNING With at least 12 months continuous NHS service at 11 weeks before the expected week of childbirth:- = up to 52 weeks leave including 39 weeks pay - 8 weeks full pay less SMP/SMA - 18 weeks half pay plus SMP/SMA etc not to exceed full pay - 13 weeks statutory pay - 13 weeks unpaid - (= total 52 weeks leave) Dear MATERNITY LEAVE Congratulations and thank you for telling us about your pregnancy and the date that your baby is due. I acknowledge receipt of your application for maternity leave dated. I confirm that your period of paid leave will commence on with your expected date of childbirth being and will be for a period of 52 weeks ending on.. If you want to change the date your leave starts you must, if at all possible, tell me at least 28 days before your proposed new start date or 28 days before [insert date leave starts] (your original start date), whichever is sooner. (I must remind you that you are required to submit a certificate of expected date of childbirth (MATB1) as soon as this is available in order to be eligible for Maternity Leave.) (In addition, as you intend working beyond the eleventh week before your expected week of childbirth, it is in your interest for you to submit a medical certificate of fitness covering the period from to.) If you have 26 weeks service with the Trust at 15 weeks before your expected week of confinement you may be entitled to 39 weeks Statutory Maternity Pay (SMP) or Maternity Allowance (MA). However, if you have 12 months continuous NHS service at the 11 th week before the expected week of childbirth you would be entitled to 8 weeks full pay less SMP/MA. For the next 18 weeks you would be entitled to half of full pay reduced only to the extent that half of full pay and SMP/MA exceed full pay. The following 13 weeks you would be paid SMP and the final 13 weeks of the total 52 weeks leave will be unpaid. Confirmation of your length of service and your entitlement to maternity pay can be obtained from Payroll Department. You will also be entitled to a period of unpaid maternity leave which, together with the paid maternity leave, shall not exceed a total of 52 weeks expiring on. If you are superannuated you will be required to make superannuation payments for the whole period of absence including periods of unpaid leave. If applicable the Payroll Department will advise you of the details. If you decide to return to work before [insert date leave ends], you must give us at least 8 weeks notice. 02/02/2016 Page 18 of 69

19 The entitlement is conditional upon you returning to work with the Trust (or another NHS Employer) after your maximum 12 months maternity leave has ended, for a minimum period of 3 months, otherwise you will be liable to refund the whole or part of the maternity pay received less any Statutory Maternity Pay to which you are entitled. Should you have any queries about the contents of this letter or should any circumstances change during your agreed period of maternity leave, please advise us immediately. Yours sincerely HR Advisor Copy: Payroll Manager Working Families Advisor Line Manager 02/02/2016 Page 19 of 69

20 MAT LEAVE MODEL LETTER 2A FOR STAFF NOT RETURNING FROM FULL MATERNITY LEAVE Dear MATERNITY LEAVE Thank you for your letter informing me that you will not be returning to duty from Maternity Leave. In accordance with the terms and conditions of service for Maternity Leave, if you do not return to work with this Trust, or another NHS employer, for a minimum period of 3 months after your maximum 12 months maternity leave has ended, you will be liable to refund a proportion of the Maternity Pay received. The proportion will be the difference between Maternity Pay received and six weeks pay at 90% less Statutory Maternity Pay allowance to which you are entitled. A copy of your letter and my reply will be sent to the Payroll Department who will advise you of the amount owing, should you not fulfil the above requirement to return to work before in accordance with commencing your Maternity Leave on. Yours sincerely Yours sincerely HR Advisor Copy: Payroll Manager Line Manager 02/02/2016 Page 20 of 69

21 MAT LEAVE MODEL LETTER 3 NOT RETURNING With 26 weeks service with the Trust 15th week before the expected week of childbirth:- = 39 weeks SMP if eligible Dear MATERNITY LEAVE Congratulations and thank you for telling us about your pregnancy and the date that your baby is due. I am writing to you about your Maternity Leave and pay. 1. I acknowledge receipt of your application for Maternity Leave dated indicating that your expected date of childbirth is. I note that you do not intend to return to work. 2. I confirm that your leave will commence on and will be for a period of 52 weeks ending on which will be your last day of service. If you want to change the date your leave starts you must, if at all possible, tell me at least 28 days before your proposed new start date or 28 days before [insert date leave starts] (your original start date), whichever is sooner. 3. (I must remind you that you are required to submit a certificate of expected date of childbirth as soon as this is available in order to be eligible for Maternity Leave.) (In addition as you intend working beyond the eleventh week before your expected week of childbirth, it is in your interest for you to submit a medical certificate of fitness covering the period from to.) (You may be eligible for 39 weeks Statutory Maternity Pay from the date maternity absence commences in accordance with the regulations.) 4. May I take this opportunity to thank you for your work with the Trust. With every good wish for the future. Yours sincerely HR Advisor Copy: Payroll Manager 02/02/2016 Page 21 of 69

22 MAT LEAVE MODEL LETTER 4 NOT RETURNING 12 months continuous NHS service = 6 weeks paid leave at 90% of average weekly earnings + 33 weeks SMP/MA if eligible (MA paid by Jobcentre plus) Dear MATERNITY LEAVE 1. Congratulations and thank you for telling me about your pregnancy and the date that your baby is due and I acknowledge receipt of your application for Maternity Leave dated indicating that your expected week of childbirth is. I note that you do not intend to return to work. 2. I confirm that your leave will commence on, and will be for a period to 52 weeks ending on. This will be your last day of service. If you want to change the date your leave starts you must, if at all possible, tell me at least 28 days before your proposed new start date or 28 days before [insert date leave starts] (your original start date), whichever is sooner. 3. During this period for the first 6 weeks you will be entitled to pay equivalent to Statutory Maternity Pay, which is paid at 90% of your average weekly earnings, and to a flat sum for the following 33 weeks. Your contract of employment will expire at the end of this 52 week period. 4. (I must remind you that you are required to submit a certificate of expected date of childbirth as soon as this is available in order to be eligible for Maternity Leave.) (In addition as you intend working beyond the eleventh week before your expected date of childbirth it is in your interest for you to submit a medical certificate of fitness covering the period from to.) 5. May I take this opportunity to thank you for your work with the Trust. With every good wish for the future. Yours sincerely HR Advisor Copy: Payroll Manager 02/02/2016 Page 22 of 69

23 MAT LEAVE MODEL LETTER 5 UNDECIDED 12 months service in NHS without commitment = retain right to return to work up to 52 weeks from start of Maternity Leave but receive only SMP/MA if eligible. Dear MATERNITY LEAVE Congratulations and thank you for telling us about your pregnancy and the date that your baby is due. I am writing to you about your Maternity Leave and pay. 1. I acknowledge receipt of your application for Maternity Leave dated indicating that your expected date of childbirth is. I note that you have opted to retain the right to return to work but without commitment. You are therefore not entitled to employer s maternity pay. If you want to change the date your leave starts you must, if at all possible, tell me at least 28 days before your proposed new start date or 28 days before [insert date leave starts] (your original start date), whichever is sooner. 2. I confirm that your leave will commence on and you will be entitled to a period of leave which shall not exceed a total of 52 weeks, expiring on. If you decide to return to work before [insert date leave ends], you must give me at least 8 weeks notice. 3. (I must remind you that you are required to submit a certificate of expected date of childbirth as soon as this is available in order to be eligible for Maternity Leave.) (In addition as you intend working beyond the eleventh week before your expected week of childbirth it is in your interest for you to submit a medical certificate of fitness covering the period from to.) 4. (You may be entitled to receive statutory maternity pay for 39 weeks from the date maternity absence commences in accordance with the regulations.) 5. Should you have any queries about the contents of this letter or should any circumstances change during your agreed period of Maternity Leave, please advise us immediately. Yours sincerely HR Advisor Copy: Payroll Manager 02/02/2016 Page 23 of 69

24 MAT LEAVE MODEL LETTER 6 Dear MATERNITY LEAVE I should be grateful if you would now confirm in writing that it is still your intention to return. If you are able to give some indication of when this might be then this would also be most helpful to us, although I must remind you that unless you are able to give a firm date at this stage you will still be required to give at least 8 weeks notice, in writing, of your intended return date otherwise it will be assumed that you will return to work after 52 weeks from the start of your Maternity Leave. I enclose for your convenience a pro forma and an addressed envelope which you may wish to use by way of a reply. If I can be of any assistance to you during the remainder of your leave then please do not hesitate to contact me. Best wishes. Yours sincerely HR Advisor Enc. Copy: Manager Childcare Co-ordinator 02/02/2016 Page 24 of 69

25 MAT LEAVE PRO FORMA 7 TO: HR Advisor FROM: POST.. UNIT SUBJECT: MATERNITY LEAVE PRO FORMA 1. I confirm my intention to return to work. I will notify you at a later stage, in writing, of the actual intended date, giving the appropriate 8 weeks notice. 2. I would advise you that I no longer wish to exercise my right to return to work 3. Please accept this reply as notice of my intention to return to work on. (Please tick boxes and delete those paragraphs which do not apply). Signature Date 02/02/2016 Page 25 of 69

26 Adoption Leave & Pay 1. Eligibility To qualify for adoption leave, an employee must: 1.1 Be newly matched with a child for adoption by an approved adoption agency. (Adoption leave and pay is not available in circumstances where a child is not newly matched for adoption, for example when a step parent is adopting a partner s child, or there is an established fostering arrangement, however time off for official meetings may be agreed with the local manager). NOTE: Where both adoptive parents are employees of the Trust, only one application will be considered for adoption leave, or the entitlement may be shared, with 1 partner entitled to Occupational Paternity leave. 2. Leave & Payments Leave taken under this section will be in addition to the 13 week Parental Leave entitlement set out as 4 above. If the child s placement ends during the adoption leave period, the adopter will be able to continue adoption leave for up to eight weeks after the end of the placement. Part 1 Entitlements for staff who intend to return to work 2.1 Leave entitlements i) Your entitlement to statutory adoption leave is 52 weeks, made up of 26 weeks Ordinary maternity leave and 26 weeks Additional unpaid leave. ii) Staff can choose to start their leave: 2.2 Payments - From the date of the child s placement (whether this is earlier or later than expected) or - From a fixed date before the expected date of placement. Leave can start on any day of the week. There are two types of payments. One is a statutory entitlement and the second is for NHS staff. The conditions which determine eligibility for these payments are set out below. i) Statutory Adoption Pay (SAP) Most staff who have been employed continuously by the Trust for 26 weeks leading into the week in which they are notified of being 02/02/2016 Page 26 of 69

27 matched with a child for adoption will be entitled to Statutory Adoption Pay for a period of 39 weeks. ii) Employers Adoption Pay Staff who have been continuously employed by the NHS for a period of 12 months at the time of adoption shall be entitled to payments as follows: For the first 8 weeks of absence, full pay, reduced only to the extent that half of all pay and Statutory Adoption Pay (SAP) exceed full pay. For the next 18 weeks half of full pay, plus any Statutory Adoption Pay receivable providing the total does not exceed full pay. The next 13 weeks Statutory Adoption pay will be payable. For the next and final 13 weeks, leave will be unpaid. In total 52 weeks leave, 39 weeks of which you will be paid as detailed above. Part 2 Entitlements for staff who do not intend to return to work Leave entitlements Your entitlement to statutory adoption leave is 52 weeks, made up of 26 weeks Ordinary adoption leave and 26 weeks Additional unpaid leave. Leave can start on any day of the week Payments i) Statutory Adoption Pay Most staff who have been employed continuously by the Trust for 26 weeks leading into the week in which they are notified of being matched with a child for adoption will be entitled to Statutory Adoption Pay for a period of 39 weeks. iii) Employer s Adoption Pay If you have twelve months continuous service in the NHS at the time of adoption, whole or part time, you will be entitled to receive the equivalent to Statutory Adoption Pay, which is paid 90% of average weekly earnings for the first 6 weeks and to flat rate Statutory Adoption Pay for the following 33 weeks. Your contract of employment will expire at the end of this 39 week period. Part 3 Staff who are undecided and wish to retain the right to return to work ii) This section applies to staff who have had 12 months continuous NHS service and would otherwise be entitled to up to 52 weeks leave in total. If you are unable to notify the Trust of your intention prior to commencing leave you will not be entitled to Employer s Adoption Pay but you will be allowed to retain the right to return to work within the 52 week leave period. 02/02/2016 Page 27 of 69

28 iii) Staff who have less than 12 months continuous NHS service but who have 26 weeks or more service who are unable to notify the Trust of their intention prior to commencing leave may be entitled to Statutory Adoption Pay for 39 weeks and to retain the right to return to work within the overall period of 52 weeks. 3. Notice of intention to take Adoption Leave 3.1 Adopters are required to inform the Trust of their intention to take adoption leave within 7 days of being notified by their adoption agency that they have been matched with a child for adoption, unless this is not reasonably practicable. They must tell the Trust: When the child is expected to be placed with them and When they want their adoption leave to start 3.2 Adopters will be able to change their mind about the date on which they want their leave to start providing they tell the Trust at least 28 days in advance (unless this is not reasonably practicable). They must tell the Trust the date they expect any payments of SAP to start at least 28 days in advance, unless this is not reasonably practicable. 3.3 The Trust will have 28 days in which to respond to the notification of their leave plans. The Trust will write to the employee, setting out the date on which it expects the employee to return to work if the full entitlement to adoption leave is taken. 3.4 If appropriate, (in order to be eligible for Employer s Adoption Pay) you must also inform the Trust that you intend to return to work for the same or another NHS employer for a minimum period of 3 months after the adoption leave has ended. 3.5 An application form for adoption leave is enclosed at Appendix 1. You should also provide your Matching Certificate which shows the expected date on which the child is expected to be placed for adoption. 3.6 If you intend to return to work before 52 weeks from the start of your adoption leave, then you must give the Trust 8 weeks notice of the date you intend to return to work. 3.7 In the absence of such notice it will be assumed that you intend to return to work after 52 weeks from the start of your adoption leave. 4. Commencement of leave and related matters Adoption leave shall commence either: - From date the child starts to live with you or 02/02/2016 Page 28 of 69

29 - on an earlier date up to 14 days before the date you expect the child to start living with you. Unless there are exceptional circumstances, the required notice should be given to commence leave. 5. Time off for Pre-Adoption Appointments The adoptive parent will be entitled to reasonable time off to attend official meetings about the child to be adopted. 6. Matching Certificates Staff must provide the Trust with a matching certificate from their adoption agency as evidence of their entitlement to SAP. This certificate is required as proof of entitlement to adoption leave. Employees should ask their adoption agency for a matching certificate, which will include basic information on matching and expected placement dates. 7. Return to Work Adopters who intend to return to work at the end of their statutory adoption leave will not be required to give any further notification to the Trust, although if they wish to return early they must give at least 8 weeks notice. 8. Failure to return to work If an employee who has notified her employer of her intention to return to work for the same or a different NHS employer in accordance with section 3, paragraph 3.4 above fails to do so (ie she does not return to work for the same or another NHS employer for a minimum of 3 months after the maximum 12 months adoption leave has ended) she will be liable to refund the whole of her adoption pay, less any Statutory Adoption Pay, received. 9. Childcare Vouchers 9.1 The Childcare Voucher Scheme offers staff a way of saving Tax and National Insurance on their childcare costs. Details are available from the Childcare Co-ordinator. 9.2 As the scheme operates as a salary sacrifice scheme, any employee who is purchasing vouchers and adopts should contact the Childcare Co-ordinator, in writing, as continuing to receive vouchers may affect their average pay which is used to work out adoption pay. 10. Effects of Adoption Leave on Other Terms and Conditions of Service 10.1 Increments 02/02/2016 Page 29 of 69

30 Absence on Adoption Leave will count towards any annual increments on the employees pay scale and will not defer the normal incremental date Annual Leave Annual leave will continue to accrue during adoption leave, whether paid or unpaid. Bank holiday leave is not accrued whilst on paid or unpaid adoption leave. It is the line manager s responsibility to ensure that the annual leave is planned in advance of the adoption leave. Therefore, the manager and the employee must meet to agree when the annual leave will be taken. 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 leave period. Where annual leave cannot be taken before the adoption leave period, managers must ensure that, where possible, the annual leave is added onto the end of the adoption leave period. In exceptional circumstances where leave cannot be carried over for operational reasons, payment in lieu of annual leave may be considered. All adoption leave, including unpaid adoption leave, will count as service for the purpose of satisfying the service qualification for accruing additional annual leave entitlements Pension For pensionable staff, all service during Adoption Leave will be subject to pension payments, even when such Leave is without pay, outstanding pension payments which have accumulated during this leave will become due on return to work and are repaid at intervals which equate to the period of absence (eg payments which have accumulated over a period of 4 weeks on no pay will be deducted over a 4 week period following return to work). 11. Keeping in Touch (KIT) Before going on leave, you should discuss and agree with your manager any voluntary arrangements for keeping in touch during adoption leave including: 10.1 Arrangements to help you keep in touch with developments at work and, nearer the time of your return, to help facilitate a return to work; 10.2 Keeping your manager in touch with any developments that may affect your intended date of return. If you and your manager both agree you can do up to 10 days work under your contract of employment with WHT during your adoption leave. These are known as Keeping in Touch Days (KITs). They could also be used for mandatory training or to ease your return to work. Your manager should agree the arrangements including what you will be doing and how you 02/02/2016 Page 30 of 69

31 will be paid. Working for part of a day will count as 1 KIT day, however, you will be paid for the actual number of hours worked. The Trust cannot demand that you come into work at any time during your adoption leave period nor penalise you for refusing to take up a keeping in touch day, nor does the Trust have to offer a KIT day to you. However, should you work KIT days (up to a maximum of 10 days) you will not lose your Statutory Adoption Pay for any time during the week you work during your adoption pay period. You will be paid your contractual hourly rate on KIT days for the hours worked, with the minimum pay being equivalent to SMP. NMC Revalidation - It is advised that whilst on adoption leave a nurse or midwife must still revalidate so not to fall off the NMC register. It is advised that the revalidation discussion takes place during one of the Keep in touch (KIT) days so the nurse or midwife remains revalidation ready. 02/02/2016 Page 31 of 69

32 APPENDIX 1 (page 1 of 2) WIRRAL UNIVERSITY TEACHING HOSPITAL NHS FOUNDATION TRUST APPLICATION FOR ADOPTION LEAVE Please discuss the options available with a Human Resources Administrator before completing this form. FULL NAME HOME ADDRESS DEPARTMENT AND UNIT POST HELD HOURS OF DUTY TYPE OF CONTRACT PLEASE TICK BOXES AS APPROPRIATE PERMANENT FIXED TERM ENDING TEMPORARY ON (Date) Date of commencement of employment in the Trust. Details of previous NHS service if unbroken or with breaks of less than 3 months (please specify dates and hours of duty if less than 16 hours per week). Your HR Manager or Shared Services can give you details of what counts as NHS service/breaks if needed... The child is expected to be placed with me on. A Matching Certificate from my adoption agency is enclosed 02/02/2016 Page 32 of 69