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

Transcription

1 MATERNITY, ADOPTION, MATERNITY SUPPORT (PATERNITY), PARENTAL AND FERTILITY TREATMENT LEAVE POLICY Document Title Maternity, Adoption, Maternity Support(Paternity), Parental and Fertility Treatment Leave Policy Document Number 2011/20 v1 Author Emma Saunders Author s job title HR Business Partner Department Human Resources Ratifying Committee Human Resources & Organisational Development Committee Ratified date February 2011 Review date March 2015 Owner Jacqui Bate Owner s job title Director of Human Resources, OD & Communications Page 1 of 43

2 MATERNITY, ADOPTION, MATERNITY SUPPORT (PATERNITY), PARENTAL AND FERTILITY TREATMENT LEAVE POLICY Contents 1 AIM 4 2 GENERAL 4 SECTION A MATERNITY LEAVE PROVISIONS 4 3 RESPONSIBILITIES 4 4 WHEN PREGNANCY IS CONFIRMED 5 5 ANTE NATAL CARE 5 6 ENTITLEMENT TO CONTRCTUAL MATERNITY LEAVE AND PAY 5 7 EMPLOYEES WITH LESS THAN 12 MONTHS CONTINUOUS NHS SERVICE 6 8 COMMENCEMENT OF MATERNITY LEAVE 7 9 CONFIRMING MATERNITY LEAVE AND PAY 7 10 INTENTION NOT TO RETURN TO NHS EMPLOYMENT 7 11 RETURN TO WORK 8 12 FAILURE TO RETURN TO WORK 8 13 BANK WORKERS 9 14 RISK ASSESSMENT 9 15 SICKNESS 9 16 PREMATURE BIRTH 9 17 MISCARRIAGE STILL BIRTH DEATH OF A CHILD POST NATAL CARE AND BREAST FEEDING MOTHERS PREGNANCY DURING MATERNITY LEAVE 11 SECTION B ADOPTION LEAVE PROVISIONS RESPONSIBILITIES ENTITLEMENT TO CONTRCTUAL ADOPTION LEAVE AND PAY EMPLOYEES WITH LESS THAN 12 MONTHS CONTINUOUS NHS SERVICE COMMENCEMENT OF ADOPTION LEAVE CONFIRMATION OF ADOPTION LEAVE AND PAY INTENTION NOT TO RETURN TO NHS EMPLOYMENT TIME OFF FOR PRE-ADOPTION MEETINGS IF ADOPTION CEASES DURING ADOPTION LEAVE RETURN TO WORK FAILURE TO RETURN TO WORK OVERSEAS ADOPTION BANK WORKERS 16 SECTION C GENERIC PROVISIONS TO BOTH MATERNITY & ADOPTION LEAVE 34 FIXED TERM AND ROTATIONAL CONTRACTS CONDITIONS OF SERVICE KEEPING IN CONTACT 18 Page 2 of 43

3 37 WORKING DURING MATERNITY/ADOPTION LEAVE AND KEEPING IN TOUCH (KIT) DAYS RETURNING ON FLEXIBLE ARRANGEMENTS CHILDCARE OTHER BENEFITS AND INFORMATION HELP AND SUPPORT 20 SECTION D MATERNITY SUPPORT (PATERNITY) LEAVE ENTITLEMENT REQUESTS FOR MATERNITY SUPPORT (PATERNITY) LEAVE WHEN CAN MATERNITY SUPPORT (PATERNITY) LEAVE BE TAKEN STILL BIRTH AND DEATH OF A CHILD ATTENDANCE AT CLASSES / MEETINGS ADDITIONALPATERNITY LEAVE AND PAY 22 SECTION E PARENTAL LEAVE ELIGIBILITY ENTITLEMENT REQUESTS FOR PARENTAL LEAVE 23 SECTION F FERTILITY TREATMENT LEAVE INTRODUCTION ELIGIBILTY PARTNER ELIGIBILTY APPLICATION FOR LEAVE SICKNESS AS A RESULT OF TREATMENT MONITORING COMPLIANCE EQUALITY IMPACT ASSESSMENT REFERENCES ASSOCIATED POLICIES 26 Appendices 1 MATERNITY LEAVE AND PAY CHART 27 2 APPLICATION FOR MATERNITY LEAVE 29 3 MATERNITY LEAVE CHECKLIST 32 4 ADOPTION LEAVE AND PAY CHART 33 5 APPLICATION FOR ADOPTION LEAVE 34 6 ADOPTION LEAVE CHECKLIST 36 7 APPLICATION FOR MATERNITY SUPPORT (PATERNITY) LEAVE AND ADDITIONAL PATERNITY LEAVE 37 8 APPLICATION FOR PARENTAL LEAVE 38 9 OTHER BENEFITS AND CONTACTS APPLICATION FOR FERTILITY TREATMENT LEAVE EQUALITY IMPACT ASSESSMENT STAGE 1 SCREENING EQUALITY IMPACT ASSESSMENT - STAGE 2 42 Page 3 of 43

4 1. AIM 1.1 To provide the fair, consistent and effective application of maternity, paternity support (paternity) and adoption provisions 1.2 To ensure that employees entitled to the above are informed of their rights surrounding maternity, maternity support (paternity), adoption and their employment. 2. GENERAL 2.1 It is the policy of The Queen Elizabeth Hospital Kings Lynn NHS Foundation Trust to comply with Agenda for Change NHS Terms & Conditions of Service, Employment Relations Act 1999, Employment Act 2002 and the Work and Families Act 2006 in respect of Maternity/Adoption and Maternity Support (Paternity) provisions. Therefore an employee of The Queen Elizabeth Hospital Kings Lynn NHS Foundation Trust will be entitled to maternity / adoption / maternity support (paternity) leave with pay provided he/she complies with the conditions laid out in the policy. SECTION A MATERNITY LEAVE PROVISIONS 3. RESPONSIBILITIES 3.1 Pregnant employee to inform her manager as soon as she knows she is pregnant To access this Policy on the intranet, from their manager or from human resources and seek additional advice if necessary to comply with requests to attend Occupational Health to make an application to take maternity leave to provide the form MATB1 to inform her manager of her intentions to return 3.2 Manager to ensure that the pregnant employee has a copy of this policy and seeks advice from Human Resources if necessary to ensure that the pregnant employee is aware of her rights and obligations under this policy and is afforded time off and all other entitlements on notification of an employee s pregnancy to perform a risk assessment of her work and do what is reasonably practicable to control any risk to the health of the mother, unborn child or child of a woman who is breast feeding. To then place a record of this risk assessment on the employee s personal file. to consider all physical, chemical and biological hazards in the workplace. to keep the member of staff who is on maternity leave informed about developments in the Trust and the ward/department by, for instance, forwarding copies of Viewpoint. to inform Payroll by completing a P3 when the employee goes on and returns from maternity leave Page 4 of 43

5 3.3 Human Resources to advise the pregnant employee of her rights and obligations under the policy to administer the maternity leave provisions in conjunction with Payroll. 3.4 Occupational Health to advise Managers and staff of the risks involved in undertaking certain work activities while pregnant or breast feeding. to provide independent advice regarding maternity issues in employment. 3.5 Payroll to ensure that payments are made in line with both current Occupational and Statutory regulations. to ensure that the necessary data and proof of pregnancy has been collected from the employee to satisfy DWP auditing to ensure that payments are made timely in line with normal salary crediting. that the employee s membership to the NHS Pension Scheme is protected during the full period of maternity both paid and unpaid. to issue an SMP exclusion form promptly to employees not entitled to statutory benefits, to enable an employee to claim directly from Jobcentre Plus. 4. WHEN PREGNANCY IS CONFIRMED As soon as the member of staff is aware she is pregnant she must notify her manager. The manager is responsible for ensuring that the employee has a copy of the Maternity Policy, for discussing her maternity leave entitlements with her and for forwarding her countersigned Maternity Leave application form to the Human Resources Department. 5. ANTE-NATAL CARE Employees are entitled to paid time off at the basic rate of pay to attend appointments in connection with the ante-natal care, providing adequate notice has been given concerning the appointment, and that the employee has already produced evidence of pregnancy from a GP or certified midwife. Ante-natal care may include relaxation and parent-craft classes. Managers may request to see the appointment card. 6. ENTITLEMENT TO NHS CONTRACTUAL MATERNITY LEAVE & PAY 6.1 An employee working full-time or part-time will be entitled to paid and unpaid maternity leave under the NHS contractual maternity pay scheme if: (i) she has twelve months continuous service with one or more NHS employers (excluding bank work) at the beginning of the eleventh week before the expected week of childbirth; Page 5 of 43

6 (ii) she notifies her employer in writing before the end of the 15th week before the expected date of childbirth (or if this is not possible, as soon as is reasonably practicable): (a) of her intention to take maternity leave; (b) of the date she wishes to start her maternity leave (but see paragraph 8 below) this can usually be any date from the beginning of the 11week before the expected date of childbirth; (c) that she intends to return to work with the same or another NHS employer for a minimum period of three months after her maternity leave has ended; (d) and provides a MATB1 form from her midwife or GP giving the expected date of childbirth. 6.2 For contractual maternity leave and pay purposes full pay includes all enhancements, leads, allowances and on calls based on the average pay of the three months prior to assessment. 6.3 By prior agreement with the employer occupational maternity pay (the full and half pay entitlement) may be paid in a different way, for example a combination of full pay and half pay or a fixed amount spread equally over the maternity leave. 6.4 The application form for maternity leave is attached at Appendix 2. This must be sent to Payroll as soon as the MATB1 form has been issued by the GP/midwife. 6.5 Details of leave and pay entitlements are attached as Appendix EMPLOYEES WITH LESS THAN TWELVE MONTHS CONTINUOUS NHS SERVICE 7.1 If an employee does not satisfy the conditions in paragraph 6 for occupational maternity pay she may be entitled to Statutory Maternity Pay subject to her having 26 weeks continuous service with this Trust at the 15 th week before the baby is due. 7.2 If she does not have the 26 weeks continuous service with the Trust to qualify for Statutory Maternity Pay, or her earnings are too low for her to qualify for Statutory Maternity Pay, or she does not qualify for another reason, she will be advised to claim Statutory Maternity Pay or Maternity Allowance from her local Jobcentre Plus office. 7.3 The application form for maternity leave is attached at Appendix 2. This must be sent to Payroll as soon as the MATB1 form has been issued. 7.4 Details of leave and pay entitlements are attached as Appendix 1. Page 6 of 43

7 8. COMMENCEMENT OF MATERNITY LEAVE 8.1 Maternity leave may commence: at any point from the commencement of the eleventh week prior to the expected week of childbirth, provided she gives the required notice. or if an employee is off work ill; see paragraph 15 below or on the day on which childbirth occurs if the maternity leave has not already commenced. 8.2 If after notifying her manager the employee subsequently wants to change the start date of her maternity leave she should notify her manager at least 28 days beforehand (or, if this is not possible, as soon as is reasonably practicable beforehand). 9. CONFIRMING MATERNITY LEAVE AND PAY Following receipt of the maternity leave application form Payroll will confirm to the employee in writing: the employee s paid and unpaid leave entitlements under this agreement (or statutory entitlements if the employee does not qualify under this agreement); unless an earlier return date has been given by the employee, her expected return date is based on her 52 weeks paid and/or unpaid leave entitlement under this agreement, the need for the employee to give at least 28 days notice if she wishes to return to work before the expected return date. 10. INTENTION NOT TO RETURN TO NHS EMPLOYMENT 10.1 An employee who satisfies the conditions in paragraph 6, except that she does not intend to work with the same or another NHS employer for a minimum period of three months after her maternity leave is ended, will be entitled to pay equivalent to Statutory Maternity Pay as detailed in Appendix Employees not intending to return to work in the NHS should submit the Maternity Leave & Pay application form (Appendix 2) with a formal written resignation and the MAT B1 certificate to their Manager who will forward it to Payroll The manager should complete a leaver form in the usual way. Page 7 of 43

8 11. RETURN TO WORK 11.1 No return to work will be allowed in the two weeks following childbirth The employee shall be entitled to return to her job under the original contract with terms and conditions that are no less favourable, provided she complies with the conditions of this policy and procedure Failure to notify her Manager and Human Resources of her intention to return within the given time scale may affect her right to return to work. In addition the employee must physically return to work (unless sick as described in paragraph 15) and resume duties following her maternity leave. Failure to do so may result in the forfeiture of her right to return An employee intending to return to work at the end of her full maternity leave entitlement will not be required to give any further notification although her manager may contact her during her leave to confirm her intention to return. If she wishes to return to work earlier she must give at least 28 days notice Employees taking annual leave at the end of maternity leave will be deemed to have returned to work on the first day of annual leave and managers must submit a changes form confirming the employee s return effective from this date It is the responsibility of the manager to ensure a Staff Changes Form (P3) is completed and passed to Payroll following the employee s return to work as verification that the employee is back on duty Where an employee returns to work within another NHS Trust it is her responsibility to ensure proof of employment is sent to the Payroll Manager Employees returning to work on the bank, must be available to work at least one shift per week when requested to do so, for a minimum of three months following their return For those returning to work at another NHS Trust or on the bank, evidence of this would need to be provided in the form of either a letter from the Bank Administrator or Payroll department confirming the dates worked to be sent to the Payroll department at The Queen Elizabeth Hospital Kings Lynn NHS Trust. 12. FAILURE TO RETURN TO WORK Employees who do not return to work for a minimum of three months at either this Trust or another NHS employer within 15 months of their commencement of maternity leave shall be liable to pay back the whole of her occupational maternity pay, less any Statutory Maternity Pay, received. Page 8 of 43

9 13. BANK WORKERS Bank workers may be entitled to Statutory Maternity Pay and leave if they have worked one shift per week, continuously for 26 weeks at the 15 th week before the expected date of childbirth. They will not be entitled to contractual maternity leave or pay from the Trust. 14. RISK ASSESSMENT 14.1 When a manager is informed that an employee is pregnant, he/she has a duty to perform a risk assessment of her work activities and do what is reasonably practicable to control any risk to the health of the mother and child during or after the pregnancy or when breastfeeding. This must be carried out using the Expectant and New Mother Risk Assessment Guidelines and Checklist, which is available on the intranet under Health and Safety Policies. 15. SICKNESS 15.1 If an employee is off work ill, or becomes 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 sick leave provisions Odd days of pregnancy related illness during this period may be disregarded if the employee wishes to continue working until the maternity leave start date previously notified to the employer In the event of illness following the date the employee was due to return to work after maternity leave, normal sick leave provisions will apply as necessary and the employee will be deemed to have returned to work on the due date The employee must submit a self certificate, fit note or in-patient Medical Certificate to cover any period of sickness and comply with the Trust s Managing Attendance Policy. 16. PREMATURE BIRTH 16.1 Where an employee s baby is born alive prematurely the employee will be entitled to the same amount of maternity leave and pay if her baby was born at full term. Page 9 of 43

10 16.2 Where an employee s 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 Where an employee s 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 leave will start at the day after the day of the birth Where an employee s 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 two weeks leave immediately after childbirth and rest of her leave following her baby s discharge from hospital Staff are reminded that they are able to access confidential counseling and support via Occupational Health. 17. MISCARRIAGE Where an employee has a miscarriage before the 25 th week of pregnancy normal sick leave provisions will apply. 18. STILL BIRTH Where an employee s baby is still born 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. Staff are reminded that they are able to access confidential counseling and support via Occupational Health. 19. DEATH OF A CHILD Where the death of a child occurs after a live birth, the employee is entitled to the full maternity leave and pay. If the death of a child should occur at the end of a maternity leave period, managers may consider other leave options as detailed in the Special Leave and Career Break policy, or normal sickness arrangements will apply if absence is due to certificated sickness. 20. POST-NATAL CARE AND BREASTFEEDING MOTHERS Women who have recently given birth should have paid time off for postnatal care e.g. attendance at health clinics. Managers are required to provide breast-feeding women with suitable rest facilities. The Health and Safety Executive also encourages employers to provide a healthy and safe environment for women who are breast-feeding with suitable access to a private room to express and store milk. Control measures for the storage of milk can be identified through the Risk Assessment for New and Expectant mothers. Page 10 of 43

11 21. PREGNANCY OCCURRING DURING MATERNITY LEAVE 21.1 Paid and unpaid maternity leave counts as continuous and qualifying service for subsequent periods of maternity leave. This means that an employee who becomes pregnant while already on maternity leave is entitled to a further period of maternity leave However, as occupational maternity pay and statutory maternity pay is calculated on the level of average weekly earnings during the 8 week period, 15 weeks prior to the expected week of childbirth, the employee may not qualify for any pay during the subsequent period of leave. SECTION B ADOPTION LEAVE PROVISIONS 22. RESPONSIBILITIES 22.1 Employee to inform her/his manager as soon as she knows she/he has been matched with a child to access this Policy on the intranet, from their manager or from human resources and seek additional advice if necessary to make an application to take adoption leave to provide the matching certificate to inform his/her manager of her intentions to return 22.2 Manager to ensure that the employee has a copy of this policy and seeks advice from Human Resources if necessary to ensure that the employee is aware of their rights and obligations under this policy and is afforded time off and all other entitlements. to keep the member of staff who is on adoption leave informed about developments in the Trust and the ward/department by, for instance, forwarding copies of Viewpoint. to inform Payroll by completing a Staff Changes Form when the employee goes on and returns from adoption leave 22.3 Human Resources Business Partner / Professional to advise the employee of their rights and obligations under the policy to administer the adoption leave provisions in conjunction with Payroll Payroll to ensure that payments are made in line with both current Occupational and Statutory regulations. Page 11 of 43

12 to ensure that the necessary data and proof of adoption has been collected from the employee to satisfy DWP auditing. to ensure that payments are made timely in line with normal salary crediting. that the employee s membership to the NHS Pension Scheme is protected during the full period of adoption leave both paid and unpaid. to issue an SAP exclusion form quickly to employees not entitled to statutory benefits, to allow possible claims direct from Jobcentre Plus 23. ENTITLEMENT TO CONTRACTUAL ADOPTION LEAVE AND PAY 23.1 An employee working full-time or part-time will be entitled to paid and unpaid adoption leave under the NHS contractual adoption pay scheme if she or he: has the primary carer responsibilities for the child wishes to adopt a child who is newly placed for adoption. 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 children. has twelve month s continuous NHS service with one or more NHS employers (excluding bank work) ending with the week in which they are notified of being matched with a child for adoption. informs their manager in writing 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, and at least 28 days in advance of the date on which they want their leave to start unless this is not reasonable practicable. They will need to tell their manager: o when the child is expected to be placed with them and o when they want their adoption leave to start intends to return to work with the same or another NHS employer for a minimum period of three months after the adoption leave ends provides documentary evidence a matching certificate from the adoption agency as evidence of their entitlement to SAP and confirmation of the matching and placement dates The application form for adoption leave is attached at Appendix Both men and women can be eligible for adoption pay and leave. The other parent may receive the equivalent of paternity leave irrespective of their sex. If both parents are employed by the Trust, they may either share the leave or it will be given to the parent who is identified as the primary carer with the other person being entitled to paternity leave and pay Details of leave and pay entitlements are attached as Appendix 4 Page 12 of 43

13 23.5 For contractual adoption leave and pay purposes full pay includes all enhancements, leads, allowances and on calls based on the average pay of the three months prior to assessment By prior agreement with the employer occupational adoption 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. 24. EMPLOYEES WITH LESS THAN TWELVE MONTHS CONTINUOUS NHS SERVICE 24.1 If an employee does not satisfy the conditions in paragraph 23 for occupational adoption pay they may be entitled to Statutory Adoption Pay. The employee must have 26 weeks continuous service before the beginning of the week when they are matched with a child Employees who fall in this category will be entitled to 52 weeks adoption leave If his/her earnings are too low to qualify for Statutory Adoption Pay, or he/she does not qualify for another reason, she/he will be advised to contact his/her local Job Centre Plus or social security office to see whether they are eligible for Income Support See Appendix 6 for pay and leave entitlements. The application form for adoption leave is attached at Appendix COMMENCEMENT OF ADOPTION LEAVE 25.1 Adoption leave can start on the date the child is placed (when they actually start living with their new family) or up to 14 days in advance of the expected date of placement. The leave can start on any day of the week and is taken in whole weeks Only one period of leave will be available irrespective of whether more than one child is placed for adoption as part of the same arrangement. 26. CONFIRMING ADOPTION LEAVE AND PAY Following receipt of the adoption leave application form Payroll will confirm to the employee in writing: the employee s paid and unpaid leave entitlements under this agreement (or statutory entitlements if the employee does not qualify under this agreement); unless an earlier return date has been given by the employee, his/her expected return date is based on his/her 52 weeks paid and/or unpaid leave entitlement under this agreement, the need for the employee to give at least 28 days notice if he/she wishes to return to work before the expected return date Page 13 of 43

14 27. INTENTION NOT TO RETURN TO NHS EMPLOYMENT 27.1 An employee who satisfies the conditions in paragraph 23, except that he/she does not intend to work with the same or another NHS employer for a minimum period of three months after his/her adoption leave is ended, will be entitled to pay equivalent to Statutory Adoption Pay as detailed in Appendix Employees not intending to return to work in the NHS should submit the Adoption Leave & Pay application form (Appendix 7) with a formal written resignation and the matching certificate to their Manager who will forward it to Payroll The manager should complete a leaver form (P4) in the usual way. 28. TIME OFF FOR PRE-ADOPTION MEETINGS 28.1 An employee shall not be unreasonably refused paid time off to attend preadoption meetings. The manager may request documentary evidence of appointments If there is an established relationship with the child, such as fostering prior to the adoption, or when a step-parent is adopting a partner s children paid time off will be given for official meetings connected with the adoption. 29. IF ADOPTION CEASES DURING ADOPTION LEAVE PERIOD If the child s placement ends during the adoption leave period, the adopter will be able to continue adoption leave for up to a further 8 weeks. 30. RETURN TO WORK 30.1 No return to work will be allowed in the two weeks following matching The employee shall be entitled to return to their job under the original contract with terms and conditions that are no less favourable, provided they comply with the conditions of this policy and procedure Failure to notify their Manager and Human Resources of their intention to return within the given time scale may affect the right to return to work. In addition the employee must physically return to work (unless sick as described below) and resume duties following adoption leave. Failure to do so may result in the forfeiture of the right to return An employee intending to return to work at the end of their full adoption leave entitlement will not be required to give any further notification Page 14 of 43

15 although their manager may contact them during their leave to confirm their intention to return. If they wish to return to work earlier they must give at least 28 days notice Employees taking annual leave at the end of adoption leave will be deemed to have returned to work on the first day of annual leave and managers must submit a changes form confirming the employee s return effective from this date 30.6 In the event of illness following the date the employee was due to return to work normal sick leave provisions will apply as necessary and the employee will be deemed to have returned to work on the due date. The employee must submit a self certificate, fit note or in-patient Medical Certificate to cover any period of sickness and comply with the Trust s Sickness Absence Policy It is the responsibility of the manager to ensure a Staff Changes Form (P3) is completed and passed to Payroll following the employee s return to work as verification that the employee is back on duty Where an employee returns to work within another NHS Trust it is their responsibility to ensure proof of employment is sent to Payroll Employees returning to work on the bank, must be available to work at least one shift per week when requested to do so, for a minimum of three months following their return For those returning to work at another NHS Trust on the bank evidence of this would need to be provided in the form of either a letter from the Bank Administrator or Payroll department confirming the dates worked to be sent to the Payroll department at The Queen Elizabeth Hospital Kings Lynn NHS Foundation Trust. 31. FAILURE TO RETURN TO WORK Employees who do not return to work for a minimum of three months at either this Trust or another NHS employer within 15 months of their commencement of adoption leave shall be liable to pay back the whole of their occupational adoption pay, less any Statutory Adoption Pay, received. 32. OVERSEAS ADOPTION Entitlements when adopting overseas are the same as above with the following exceptions: An employee must have received official notification confirming the central authority has, or is prepared to, issue a certificate confirming they are eligible to adopt and have been assessed and approved as being a suitable adoptive parent. Page 15 of 43

16 The employee should inform their line manager that they intend to take adoption leave and pay within seven days of receiving official notification of the adoption. This is when you receive notification that the central authority is prepared to issue a certificate or has issued the certificate. The employee may choose to start their leave either from the date the child enters the UK or from a fixed date (as notified to their manager) up to 28 days after the date the child enters the UK. Adoption leave will not be granted to cover the period the employee spends traveling overseas to arrange the adoption or visit the child. If leave is needed for this purpose, annual leave or unpaid leave may be agreed, within service needs. 33. BANK WORKERS Bank workers may be entitled to Statutory Adoption Pay and leave if they have worked one shift per week, continuously for 26 weeks before beginning of the week when you are matched with a child. They will not be entitled to contractual adoption leave or pay from the Trust. SECTION C GENERIC PROVISIONS APPLICABLE TO BOTH MATERNITY AND ADOPTION LEAVE 34. FIXED TERM AND ROTATIONAL CONTRACTS 34.1 An expectant mother/adopter who is on a fixed term or training contract which expires after the 11 th week before the expected week of childbirth/ending with the week in which they are notified of being matched with a child for adoption and who satisfies the conditions above will have his/her contract extended to allow him/her to receive the 39 weeks which includes paid contractual and statutory maternity/adoption pay and the remaining 13 weeks of unpaid maternity/adoption leave If there is no right of return to be exercised because the contract would have ended if pregnancy and childbirth/adoption had not occurred, the repayment provisions will not apply Employees on fixed-term contracts who do not meet the twelve month s continuous service condition may still be entitled to Statutory Maternity / Adoption Pay Where an employee is on a planned rotation of appointments with one or more NHS employers as part of an agreed programme of training, he/she shall have the right to return to work in the same post or in the next planned post irrespective of whether the contract would otherwise have ended if pregnancy and childbirth/adoption had not occurred. In such Page 16 of 43

17 circumstances the employee s contract will be extended to enable the practitioner to complete the agreed programme of training Absence on maternity/adoption leave (paid and unpaid) up to 52 weeks before a further NHS appointment shall not constitute a break in service When the contract is extended and the employee has no contract to return to this Trust, there is no entitlement to sick leave when maternity/adoption leave ends. 35. CONDITIONS OF SERVICE 35.1 Incremental Date Employees absent on paid or unpaid maternity/adoption leave will retain their original incremental date and the period of leave shall count towards service qualification for additional annual leave Annual Leave Annual leave will continue to be accrued at the normal rate during paid and unpaid maternity/adoption leave if the employee if returning to NHS employment. Unpaid leave shall count as service for the purpose of satisfying the service qualification for additional annual leave. Where the amount of accrued annual leave would exceed normal carry over provisions, it may be mutually beneficial to both employer and employee for the employee to take annual leave before and/or after the formal (paid and unpaid) maternity/adoption leave period. The amount of annual leave to be taken in this way, or carried over, should be discussed and agreed between the employee and employer prior to commencement of maternity/adoption leave. The maternity/adoption leave period (paid and unpaid) is continuous. Annual leave may be taken immediately before or after maternity / adoption leave but not in between. If it is agreed that an employee can return from maternity/adoption leave on reduced hours then the majority of annual leave accrued prior to and during the maternity/adoption leave must be taken immediately after the maternity/adoption leave period and before the reduction in hours is implemented. This means that the leave will be taken as full time hours (or previous part-time hours), and the new part-time hours agreed will not commence until this annual leave has been taken Pension During periods of paid leave, pension scheme contributions will be deducted from the pay actually received even if this is reduced. Page 17 of 43

18 All maternity/adoption leave is counted as continuous service in respect of pension and employees shall therefore have pension contributions calculated for a period of unpaid leave and be informed of the amount due on their return. Back payment may then be made over a period equal to the unpaid leave period. The employee is advised to contact the Pensions Manager in order to make arrangements for repayment prior to commencing maternity/adoption leave. If the employee is purchasing AVC s, he/she should contact the Pensions Manager before maternity/adoption leave commences. Employees not returning to work An employee who leaves work to have/adopt a baby/child without intending to return to work is entitled to pay pension contributions during the period of statutory maternity leave / statutory adoption leave only. Employees who do not want to have pension contributions deducted during statutory maternity leave / statutory adoption leave should contact Payroll During maternity/adoption leave an employee retains all contractual rights except remuneration. This includes: Car lease (where applicable) An employee on maternity/adoption leave is obliged by the terms and conditions of the agreement to continue payment of a car lease. 36. KEEPING IN CONTACT Before going on leave, the manager and the employee should also discuss and agree any voluntary arrangements for keeping in contact during the employee s maternity/adoption leave including: (i) (ii) any voluntary arrangements that the employee may find helpful to help keep in touch with developments at work and, nearer the time of her return, to help facilitate her return to work; keeping the employer in touch with any developments that may affect his/her intended date of return. 37. WORKING DURING MATERNITY/ADOPTION LEAVE AND KEEPING IN TOUCH (KIT) DAYS 37.1 An employee on maternity/adoption leave can carry out up to 10 days' paid work during the leave period (referred to as Keeping in Touch (KIT) days) without bringing their leave period to an end, and without losing a week's Page 18 of 43

19 SMP/SAP. KIT days are intended to facilitate a smooth return to work for women/men returning from maternity/adoption leave To facilitate the processing of Keeping in Touch days it is important that the manager and employee have early discussion to plan and make arrangements for KIT days before the employee's maternity/adoption leave takes place Work means any work done under the contract of employment and may include training or any activities undertaken for the purpose of keeping the employee in touch with the workplace. Any such work must be by agreement between the manager and employee The work can be consecutive or not, and working for part of any day will count as one KIT day. The only time when such KIT days are prohibited is during the compulsory 2 week leave period immediately following childbirth/child placement Managers must inform the Payroll department of any KIT days taken by filling in a changes form (P3) once the employee has returned to work. The manager needs to detail the date of the KIT day and the number of hours worked on that day Employees are also able to work, for example through the Trust Bank, during the unpaid part of their maternity/adoption leave. 38. RETURNING ON FLEXIBLE ARRANGEMENTS 38.1 If at the end of maternity/adoption leave the employee wishes to return to work on different hours the manager has a duty to facilitate this wherever possible, with the employee returning to work on different hours in the same job. Requests must not be unreasonably refused and Managers are advised to consider flexible alternatives, including arrangements on a temporary basis. However, posts will not be created to accommodate a reduction in hours. Further information can be found in the Trust s Flexible Working Policy If it is not possible to accommodate such a request the manager 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/adoption 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 employee s right to return to her job under her original contract at the end of the agreed period. Page 19 of 43

20 39. CHILDCARE A list of childcare facilities is also available through Surestart The Trust operates a system of childcare vouchers to assist staff with the cost of childcare. For further details please contact the Payroll Manager on ext OTHER BENEFITS AND INFORMATION The Government provide a range of benefits, some of which are included in Appendix HELP AND SUPPORT The Trust s Occupational Health Service offers advice, information and support. Occupational Health can be contacted on ext or This service is completely confidential. SECTION D MATERNITY SUPPORT (PATERNITY) LEAVE 42. ENTITLEMENT You will be entitled to Paternity Leave if you are the biological father of the child or you are the mother's husband or partner (including same-sex relationships); or you are the child's adopter or the partner of the adopter; and you will be fully involved in the child's upbringing and are taking the time off to support the mother or care for the baby For staff with 12 months continuous service with one or more NHS employers at the beginning of the week in which the baby is due the leave entitlement is: two weeks paternity leave per birth/adoption with full occupational paternity pay (full pay less any Statutory Paternity Pay (SPP) receivable) only one period of occupational paternity pay is available for a multiple birth/adoption. additional leave may be taken under the parental leave provisions (see SECTION E) Staff with less than 12 months NHS service at the beginning of the week in which the baby is due/child is to be matched are entitled to; two weeks unpaid leave the employee may be entitled to SPP, at the current statutory rate, subject to 26 weeks continuous service with this Trust at the 15 th week before the baby is due or at the end of the week notified if matched for adoption Page 20 of 43

21 43. REQUESTS FOR MATERNITY SUPPORT (PATERNITY) LEAVE 43.1 Requests for paternity leave should be made in writing to the appropriate manager. The Paternity Leave Application Form (Appendix 9) together with a copy of the partner s certificate of confinement (MATB1) or matching certificate must be given to the manager giving as much notice as possible but at least 28 days before they want to start leave (later notification will only be accepted if there is good reason for the delay in particular in cases of adoption) Employees can change their mind about the date on which they want their leave to start providing they tell their employer at least 28 days in advance (unless this is not reasonably practicable) Eligible employees can choose to take either one week or two consecutive weeks paternity leave (not odd days). 44. WHEN CAN MATERNITY SUPPORT (PATERNITY) LEAVE BE TAKEN Leave can be taken: from the date of the child s birth (whether this is earlier or later than expected)/date of placement, or from a chosen number of days or weeks after the date of the child s birth/date of placement (whether this is earlier or later than expected), or from a chosen date later than the first day of the week in which the baby is expected to be born/of expected placement of the child. Leave can start on any day of the week on or following the child s birth / placement but must be completed: within 56 days of the actual date of birth of the child/placement of the child, or within the period from the actual date of birth/placement up to 56 days starting the first day after the date of the expected birth/placement, if the child is born early/placed early. 45. STILL BIRTH AND DEATH OF A CHILD An employee will be entitled to paid paternity leave if their baby is stillborn after 24 weeks of pregnancy. If the baby is born alive at any point in the pregnancy but dies later, the employee will be entitled to paid paternity leave in the usual way. 46. ATTENDANCE AT CLASSES/MEETINGS Reasonable paid time off to attend ante-natal classes/official meetings will also be given. The employee may be asked to produce evidence of appointments. Page 21 of 43

22 47. ADDITIONAL PATERNITY LEAVE AND PAY You may qualify for Additional Paternity Leave and Pay if: you are the father of a child due on or after 3 April 2011 OR your wife, partner or civil partner is pregnant and due to give birth to a child on or after 3 April 2011 OR you and your partner receive notification that you are matched with a child for adoption on or after 3 April 2011 OR your spouse, civil partner or partner (including same sex relationships) is adopting a child from overseas and the child enters Great Britain on or after 3 April Additional Paternity Leave Additional Paternity Leave is for a maximum of 26 weeks. If your partner has returned to work, the leave can be taken between 20 weeks and 1 year after your child is born or placed for adoption. You must have been employed with the Trust for at least 26 weeks by the qualifying week either: the end of the 15 th week before the start of the week when the baby is due the end of the week you are notified you are matched with your child (adopting in the UK) the date your child enters Great Britain for the purposes of adoption (adopting from overseas) You must be still employed with the Trust the week (Sunday to Saturday) before you want to start your leave You must be taking time off to care for the child and the child s mother or adopter must: have been entitled to Statutory Maternity Leave/Pay or Maternity Allowance or Statutory Adoption Leave/Pay have returned to work and ceased claiming any relevant pay 47.2 Additional Statutory Paternity Pay Additional Statutory Paternity Pay is only payable during the period of your partner s 39 week Maternity Allowance, Statutory Maternity or Statutory Adoption Pay period. You must earn at least the lower earnings limit (LEL) for National Insurance contributions and have 26 weeks continuous employment up to the 15 th week before the baby is due or at the end of the week notified if matched for adoption. Page 22 of 43

23 The mother or adopter must have: returned to work stopped claiming any relevant pay, with at least 2 weeks of unexpired Statutory Pay period remaining You must intend to care for the child during your Additional Statutory Paternity Pay period. In cases of adoption, you must also have the main responsibility (along side the responsibility of the mother or adopter taking adoption leave) for the upbringing of the child. If you are adopting from a UK adoption agency, you must be matched with the child for adoption 47.3 Unpaid Additional Paternity Leave You have the right to take unpaid Additional Paternity Leave if you meet the eligibility criteria for leave but not pay. All Additional Paternity Leave taken after the end of the Statutory Maternity Pay, Maternity Allowance or Statutory Adoption Pay period is unpaid. SECTION E PARENTAL LEAVE 48. ELIGIBILITY To be eligible for Parental leave you must: have nominated caring for a child under the age of 14 (18 in cases of adoption or disabled children). 49. ENTITLEMENT weeks unpaid leave for each child (18 weeks in the case of adoption or disabled children) which should be taken in blocks of one week or more subject to a maximum of 4 weeks in one year Parental leave should be taken before the child reaches the age of 14 (up to 18 in the case of adoption or disability) Parental leave can be added to periods of paternity, maternity or adoption leave. 50. REQUESTS FOR PARENTAL LEAVE 50.1 The member of staff is required to give notice of at least 4 weeks or twice the length of the leave, whichever is greater The member of staff needs to complete the Parental Leave request form (Appendix 10) and give it to their manager. The employee may be required Page 23 of 43

24 to provide evidence that they have a child under the age of 14/18 when requesting parental leave The manager will then make a decision whether or not to grant parental leave In exceptional circumstances, depending on the needs of the service, the Trust may decide to postpone the taking of leave and should give written reasons It is good practice for managers to agree how they will keep in touch with the employee during parental leave and this should be noted on the parental leave request form Parental Leave must be recorded on ESR. An employee s record can be checked for accumulated total parental leave taken with this Trust. The Trust will ask new employees to declare parental leave taken with previous employers and will verify this with previous NHS employers The manager should place a copy of the Parental Leave request form on the employee s personnel file. SECTION F FERTILITY TREATMENT LEAVE 51. INTRODUCTION This guidance is for both managers and staff who are undertaking IVF treatment or have a partner who is receiving treatment 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 At all times managers will be expected to treat the matter with sensitivity and with the appropriate level of confidentiality. 52. ELIGIBILITY 52.1 An employee who has 12 months continuous service with the Trust at the time of applying and who is undergoing fertility treatment may be granted fertility treatment leave 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 Page 24 of 43

25 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.) 52.3 The fertility treatment paid leave can be taken to suit the member of staff s needs, e.g. 5 days in one block, separate days or ½ days 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. 53. PARTNER ELIGIBILITY 53.1 If it is an essential requirement within the course of treatment for the partner to attend a specific appointment, the Trust will also allow up to 2 day of fertility treatment leave in the 12 months preceding that date to undertake fertility treatment The fertility treatment paid leave can be taken to suit the member of staff s needs, e.g. 2 days in one block, separate days or ½ days 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. 54. APPLICATION FOR LEAVE 54.1 Employees should advise their manager as soon as possible that they are undergoing treatment and wish to apply for fertility treatment leave Employees should provide documentary evidence of all appointments (letter or appointment card) 54.3 Employees should try and arrange for appointments that will cause minimum amount of inconvenience to the service Employees should complete the fertility treatment leave form (Appendix 10) and should meet with their manager to inform them of the appointment and acquire authorisation The form should then be placed on the employee s personnel file. 55. SICKNESS AS RESULT OF TREATMENT 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 Trust s sickness absence procedure. (see the Sickness Absence Policy) Page 25 of 43

26 56. MONITORING COMPLIANCE Implementation, compliance and effectiveness of this policy will be monitored by the Human Resources Organisational Development Committee (HRODC) as part of the ongoing Policy review exercise. This can be achieved by: Reporting the number of applications via Electronic Staff Record (ESR) Monitoring the number and nature of any resultant appeals Monitoring the Whistle blowing Help line or Grievance activity for cases related directly or indirectly to the career Break Policy. Whistle blowing cases reported to Trust Board when a change in cases status occurs 57. EQUALITY IMPACT ASSESSMENT This policy has been assessed using an equality impact assessment initial template (attached at Appendix 11) and a full Stage 2 equality impact assessment (attached at Appendix 12). 58. REFERENCES Management of Health and Safety at Work Regulations 1992 Agenda for Change NHS Terms & Conditions of Service Handbook August 2007 The Employment Relations Act 1999 Schedule 3 of the Trade Union Reform and Employment Rights Act 1993 Employment Act 2002 Work and Families Act ASSOCIATED POLICIES Career Break Policy Special Leave Policy Sickness Absence Policy New and Expectant Mothers Risk Assessment Guidelines Page 26 of 43

27 MATERNITY LEAVE AND PAY CHART APPENDIX 1 SERVICE LEAVE ENTITLEMENT Returning to Work MATERNITY PAY Not Returning to Work ENTITLEMENT Less than 26 weeks continuous service up to 15th week before the expected week of childbirth 26 weeks continuous service with the Trust up to 15th week before the expected date of confinement but less than I year NHS service by the 11th week before the expected week of childbirth Over 1 years continuous service with NHS or local authority by 11th week before the expected week of childbirth 52 weeks maternity leave NIL Contact payroll for information about claiming Maternity Allowance 39 weeks leave with statutory maternity pay plus up to 13 weeks unpaid maternity leave 39 weeks paid leave plus up to 13 weeks unpaid leave maternity leave 39 weeks Statutory Maternity Pay* (6 weeks higher rate and 33 weeks lower rate) First 8 weeks = full pay less any SMP or Maternity Allowance receivable. Next 18 weeks = half pay plus any SMP or maternity allowance (including any dependants allowances) providing the total receivable does not exceed full pay. Next 13 weeks = SMP or maternity allowance (including any dependants allowances) NIL 39 weeks Statutory Maternity Pay* 39 weeks Statutory Maternity Pay* Continuous service breaks in service of less than three months shall be disregarded For more details about pay contact payroll department *SMP note conditions are laid down by DSS and relate to earnings. Page 27 of 43

28 In order for the Trust to pay SMP the employee must have had 26 weeks continuous employment up to the 15week before the expected date of confinement. If the employee does not meet this criteria, on receipt of the MATB1 and Application form you will be sent a form (SMP1) to advise you how to claim SMP or Maternity Allowance from Social Security. Page 28 of 43

29 APPLICATION FOR MATERNITY LEAVE APPENDIX 2 Applicants: Once you have completed this form inserting the appropriate dates, sign overleaf and pass to your manager for authorisation of leave. This form must be submitted with your MATB1 Maternity Certificate (obtained from your midwife/doctor around your 26th week of pregnancy) to Payroll. Personal Details Forename (s) Surname Job Title: Ward/Dept & Base Home Address Date Commenced NHS Date Commenced QEHKL Expected Date of Confinement Applicant s Declaration I have read the Maternity Policy and understand that these are a summary of the main regulations. * I wish to commence maternity leave: On... This has been agreed with my manager and I understand that he/she may refer me to the Occupational Health Department at any time beyond the eleventh week (before the expected week of confinement) if there are concerns about my health. * I intend to return to work: YES NO * I have had over 12 months continuous service and wish to have my occupational maternity pay (NOT statutory maternity pay) In the usual way As a fixed amount spread equally over the maternity leave period (the leave period ends on the anticipated date of return below) Page 29 of 43

30 * Anticipated date of return:..... * If I wish to return to work before the expected return date (based on entitlement of 52 weeks leave) I undertake to give at least 28 days notice to my manager. * If returning, I undertake to continue in the National Health Service for a minimum period of three months subsequent to my actual return to duty after the expiration of this leave. If I decide to return onto the bank I am obliged to work for a minimum of one shift per week for a minimum of three months. * I fully understand that if I fail to return to work or the bank for the stipulated period I shall be liable to refund any maternity pay to which I am not entitled. * I undertake to advise both my manager and the Human Resources Department in writing of any developments which may affect my intended date of return. * I would like my manager to keep in contact with me by. * I have discussed my annual leave entitlement and agreed that * I have discussed KIT days with my manager and have agreed that Signed:... Print Name:... Dated:... If not returning I enclose a letter of resignation: Signed:... Print Name:... Dated:... Page 30 of 43

31 Manager s declaration I have discussed maternity leave with the above and I am aware of her intentions. We have also discussed keeping in contact, KIT days and her annual leave entitlement. Signed:... Print Name & Job Title:. Dated:... This form must be forwarded together with the MATB1 to Payroll around the 26th week of pregnancy but no later than 28 days prior to commencing maternity leave. Page 31 of 43

32 APPENDIX 3 MATERNITY LEAVE CHECKLIST FOR THE EMPLOYEE To inform her manager as soon as she knows she is pregnant. To access this policy on the intranet, from her manager or from Human Resources and seek additional advice if necessary. To comply with requests to attend Occupational Health. To complete the Maternity Leave Application form To obtain her MATB1 Certificate from the doctors around her 26 th week of pregnancy. To forward the completed Maternity Leave Application form and MATB1 Certificate to her manager to countersign. To inform her manager of her intentions to return. MATERNITY LEAVE CHECKLIST FOR THE MANAGER To ensure that the pregnant employee has a copy of this policy and seeks advice from Human Resources if necessary. On notification of an employee s pregnancy to perform a risk assessment of her work and do what is reasonably practicable to control any risk to the health of the mother, unborn child or child of a woman who is breast feeding. To consider all physical, chemical and biological hazards in the workplace. To countersign the employees maternity leave application after discussing it with her and send with the employees MATB1 Certificate to Payroll. To send a completed Staff Changes Form (P3) to Payroll confirming when the pregnant employee starts maternity leave. To keep the member of staff who is on maternity leave informed about developments in the Trust and the ward/department by, for instance, forwarding copies of Viewpoint. To send a completed Staff Changes Form (P3) to Payroll when the employee returns from maternity leave. Page 32 of 43

33 ADOPTION LEAVE AND PAY CHART APPENDIX 4 SERVICE LEAVE ENTITLEMENT Returning to Work ADOPTION PAY Not Returning to Work ENTITLEMENT Less than 26 weeks continuous service before the beginning of the week you are matched with a child 26 weeks continuous service with the Trust before the beginning of the week you are matched with a child but less than I year NHS service ending with the week in which you are notified of being matched with a child Over 1 years continuous service with NHS or local authority ending with the week in which they are notified of being matched with a child 52 weeks adoption leave NIL Contact payroll for information about claiming Income Support 39 weeks leave with statutory Adoption plus up to 13 weeks unpaid adoption leave 39 weeks paid leave plus up to 13 weeks unpaid adoption leave 39 weeks Statutory Adoption Pay First 8 weeks = full pay less any SAP or Income Support receivable. Next 18 weeks = half pay plus any SAP or income support (including any dependants allowances) providing the total receivable does not exceed full pay. Next 13 weeks = SAP or income support (including any dependants allowances) NIL 39 weeks Statutory Adoption Pay 39 weeks Statutory Adoption Pay Continuous service breaks in service of less than three months shall be disregarded For more details about pay contact payroll department about claiming Income Support Page 33 of 43

34 APPENDIX 5 APPLICATION FOR ADOPTION LEAVE Applicants: Once you have completed this form inserting the appropriate dates, sign overleaf and pass to your manager for authorisation of leave. This form must be submitted with your MATCHING CERTIFICATE / OFFICIAL NOTIFICATION to Payroll. Personal Details Forename (s) Job Title: Surname Ward/Dept & Base Home Address NHS Continuous Service Date (if known) Date Commenced QEHKL Expected Date of Matching / Date of Entry of Child to UK Applicant s Declaration I have read the Adoption Policy and understand that these are a summary of the main regulations. * I wish to commence adoption leave: On... * I intend to return to work: YES NO * I have had over 12 months continuous service and wish to have my occupational adoption pay (NOT statutory adoption pay) In the usual way As a fixed amount spread equally over the adoption leave period (the leave period ends on the anticipated date of return below) * Anticipated date of return:..... * If I wish to return to work before the expected return date (based on entitlement of 52 weeks leave) I undertake to give at least 28 days notice to my manager. * If returning, I undertake to continue in the National Health Service for a minimum period of three months subsequent to my actual return to duty after the expiration Page 34 of 43

35 of this leave. If I decide to return onto the bank I am obliged to work for a minimum of one shift per week for a minimum of three months. * I fully understand that if I fail to return to work or the bank for the stipulated period I shall be liable to refund any adoption pay to which I am not entitled. * I undertake to advise my manager in writing of any developments which may affect my intended date of return. * I would like my manager to keep in contact with me by. * I have discussed my annual leave entitlement and agreed that * I have discussed KIT days with my manager and have agreed that Signed:... Print Name:... Dated:... If not returning I enclose a letter of resignation: Signed:... Print Name:... Dated:... Manager s declaration I have discussed adoption leave with the above and I am aware of their intentions. We have also discussed keeping in contact, KIT days and annual leave entitlement. Signed:... Print Name & Job Title:.. Dated:... This form must be forwarded together with the Matching Certificate to Payroll within 7 days of the date on which the adopter was notified of having been matched with a child. Page 35 of 43

36 APPENDIX 6 ADOPTION LEAVE CHECKLIST FOR THE EMPLOYEE To inform his / her manager as soon as he/she has been notified that they are to be matched with a child. To access this policy on the intranet, from her manager or from Human Resources and seek additional advice if necessary. To complete the Adoption Leave Application form To obtain the Matching certificate from the adoption agency To forward the completed Adoption Leave Application form and Matching Certificate to his/her manager to countersign. To inform his/her manager of his/her intentions to return. ADOPTION LEAVE CHECKLIST FOR THE MANAGER To ensure that the employee has a copy of this policy and seeks advice from Human Resources if necessary. To countersign the employees adoption leave application after discussing it with him/her and send with the employees Matching Certificate to the Human Resources Department. To send a completed Staff Changes Form (P3) to Payroll confirming when the employee starts adoption leave. To keep the member of staff who is on maternity leave informed about developments in the Trust and the ward/department by, for instance, forwarding copies of Viewpoint. To send a completed Staff Changes Form (P3) to Payroll when the employee returns from adoption. Page 36 of 43

37 APPENDIX 7 APPLICATION FOR MATERNITY SUPPORT (PATERNITY) LEAVE and ADDITIONAL PATERNITY LEAVE Applicants: Once you have completed this form inserting the appropriate dates, sign overleaf and pass to your manager for authorisation of leave. This form must be submitted with a copy of the MAT B1 or MATCHING CERTIFICATE / OFFICIAL NOTIFICATION AND STAFF CHANGES FORM (P3) to Payroll. Personal Details Forename (s) Surname Job Title: Ward/Dept & Base Home Address NHS Continuous Service Date (if known) Date Commenced QEHKL Expected Date of Delivery / Adoption No of Weeks Leave Requested Actual Date of Birth / Adoption (if applicable) Dates of: Paternity Leave One / Two (Delete as applicable) Paternity Leave Additional Paternity Leave..... Additional Paternity Leave Signed: Date: Print: Managers Declaration: I certify to the best of knowledge the above details are correct. I have discussed paternity leave with the above and am aware of his/her intentions. Signed: Print Name and Job Title: Dated: Please forward a copy of this form and a P3 to Payroll Page 37 of 43

38 APPLICATION FOR PARENTAL LEAVE APPENDIX 8 Applicants: Once you have completed this form inserting the appropriate dates, sign overleaf and pass to your manager for authorisation of leave. Personal Details Forename (s) Surname Job Title: Ward/Dept & Base Home Address NHS Continuous Service Date (if known) Date Commenced QEHKL No. of Weeks Requested Dates of Parental Leave Requested Date of Birth and Age of Child Dates of Previous Parental Leave Taken * I would like my manager to keep in contact with me by Employee s Signature:. Date:.. Application APPROVED/NOT APPROVED (please delete) Reason for Non Approval:... Manager s Signature and Job Title:. Dated: Please forward a copy of this form and a P3 to Payroll Page 38 of 43

39 APPENDIX 9 OTHER BENEFITS AND CONTACTS These are benefits not related to your employment with the Trust. These benefits may change from time to time and you are advised to check current provision and obtain further information from: Job Centre Plus Directgov rkandfamilies/pregnancyandmaternityrights/index.htm rkandfamilies/adoptionrightsintheworkplace/index.htm rkandfamilies/paternityrightsintheworkplace/index.htm Staff should contact the Benefits Agency for up to date information about benefits in relation to family and child care Page 39 of 43

40 APPENDIX 10 APPLICATION FOR FERTILITY TREATMENT LEAVE Applicants: Once you have completed this form inserting the appropriate dates, sign overleaf and pass to your manager for authorisation of leave. Personal Details Forename (s) Surname Job Title: Ward/Dept & Base Home Address NHS Continuous Service Date (if known) Date Commenced QEHKL I wish to apply for paid Fertility Treatment Leave First Day of Absence Last Day of Absence Totals Days Absent... Amount of Total Allowance remaining. I also understand that I must provide evidence of my treatment/appointments in order to qualify for leave under this policy. Signed:. Date: Application APPROVED/NOT APPROVED (please delete) Manager s Name:. Date: Managers Signature: Job Title: Please forward a copy of this form to Payroll Page 40 of 43

41 STAGE 1 - SCREENING Equality Impact Assessment Tool APPENDIX 11 Name & Job Title of Assessor: Emma Saunders HR Business Partner Date of screening: January 2011 Policy or Function to be assessed: Maternity, Adoption, Maternity Support (Paternity), Parental and Fertility Treatment Leave Policy Yes/No Comments 1. Does the policy, function, service or project affect one group more or less favourably than another on the basis of: Race & Ethnic background No Gender including transgender Yes As the policy covers Maternity leave this favours female members of staff Disability No Religion or belief No Sexual orientation No The policy applies to all staff including those in same sex relationships Age No The policy applies to all staff regardless of their age 2. Does the public have a perception/concern regarding the potential for discrimination? There is no known reason for the public to have any concerns regarding this policy If the answer to any of the questions above is yes, please complete a full Stage 2 Equality Impact Assessment. Signature of Assessor: Emma Saunders, HR Business Partner Date February 2011 Signature of Line Manager: Ian Vince, Deputy Director of HR & OD Date: February 2011 Page 41 of 43

42 EQUALITY IMPACT ASSESSMENT - STAGE 2 APPENDIX 12 If you have indicated that there is a negative impact on any group, is that impact: Yes/No Comments 1. Legal/Lawful under current equality legislation? Yes If yes, please provide details: The policy has been developed to reflect current legislation regarding Maternity, Paternity and Adoption Leave rights. Therefore by its nature the section of the policy covering Maternity Leave is more favorable to women. 2. Can the negative impact be avoided? No 3. Are there alternatives to achieving the policy/guidance without the impact? No 4. Have you consulted with relevant stakeholders of potentially affected groups? Yes If yes, please provide details: In consultation with Staff Side. 5. Is action required to address the issues? No If yes, please provide a detailed action plan on how these issues are to be addressed, including timescales, responsible lead and ongoing monitoring arrangements. It is essential that this Assessment is discussed by your management team and remains readily available for inspection. A copy including completed action plan, if appropriate, should also be forwarded to the Equality & Diversity Lead, c/o Human Resources Department. Page 42 of 43

43 MATERNITY, ADOPTION, MATERNITY SUPPORT (PATERNITY), PARENTAL AND FERTILITY TREATMENT LEAVE POLICY KEY CHANGES The Maternity and Paternity leave policy have been combined and re-written to incorporate Adoption, Maternity Support (Paternity) and Parental leave. The policy reflects current legislation, latest guidance, best practice and meets NHS Pension requirements. Maternity Leave Provisions Section A The layout of this section has been amended but the content remains the same. The Risk Assessment and New and Expectant Mothers guidelines have been removed however and are now a separate document to ensure they are a highlighted as a priority for managers. The new guidelines have been approved by the H&S committee and are referenced in the Maternity Leave provisions of the new policy. Adoption Leave Provisions Section B This section is a new section and reflects current legislation, guidance and best practice. Generic Provisions Section C This is a new section and applies to both Maternity and Adoption Leave. Maternity Support (Paternity) Leave Section D This section incorporates the old Paternity Leave policy and reflects current legislation, guidance and best practice. Parental Leave Section E Previous guidance for parental leave is incorporated in this section and it reflects current legislation, guidance and best practice. Fertility Treatment Section F This is a new section. It includes eligibility, the amount of leave allowed and guidance for taking leave. The policy section makes it clear for managers and staff and allows for a fair and consistent approach. A stage 1 Equality Impact Assessment has been carried out and is included. A stage 2 Equality Impact Assessment has also been carried out and is included. Page 43 of 43