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Family leave policy (maternity, shared parental leave, adoption, paternity and nursing mothers)

Contents

  1. Introduction
  2. Purpose
  3. Scope
  4. Responsibilities, accountabilities and duties
  5. Procedure or implementation
  6. Training implications
  7. Monitoring arrangements
  8. Equality impact assessment screening
  9. Links to any other associated documents
  10. References
  11. Appendices

1 Introduction

This policy complies with the relevant employment legislation and agenda for change terms and conditions of service and statutory regulations relating to maternity, paternity (maternity support), shared parental leave and adoption leave.

The trust is committed to ensuring the health, safety and wellbeing of all of its employees as far as is reasonably practicable. The aim of this policy is to ensure the safety of pregnant and nursing mothers and to set out the entitlements to time off with pay and unpaid periods of leave, where appropriate, for employees requesting maternity, paternity (maternity support), shared parental leave or adoption leave.

2 Purpose

The purpose of this policy is to provide all the necessary information to employees relating to their statutory and occupational entitlements in relation to maternity, paternity (maternity support), shared parental leave and adoption leave.

This will ensure that all pregnant employees and nursing mothers are extended appropriate health, safety and welfare conditions throughout the trust, meeting the statutory duties contained within the relevant sections of the Management of Health and Safety at Work Regulations (1999).

3 Scope

This policy applies to all employees (including full or part time employees) employed by the trust, who may be entitled to statutory and occupational entitlements dependent upon the entitlement criteria is satisfied and all pregnant employees from the date they inform their manager of their pregnancy to six months post birth.

The policy does not apply to individuals employed by agencies, other than in relation to antenatal appointments (after a twelve-week qualifying period) or when a pregnancy is disclosed. In this case seek specific advice from The People Experience team or refer back to the appropriate employer.

4 Responsibilities, accountabilities and duties

4.1 Lead director

The director of workforce and organisational development has responsibility for the implementation of this policy and coordination of an appropriate communication strategy together with ensuring that appropriate monitoring arrangements are in place.

4.2 Line managers

4.2.1 Pregnancy and maternity leave

As soon as the employee makes their line manager aware of their pregnancy, it is the responsibility of the immediate line manager to direct the employee to this policy. The line manager is to complete the pregnant workers assessment, available at appendix L and carry out any actions deemed necessary as a result of the assessment, reviewing this assessment at regular intervals to ensure it remains valid.

On return to work nursing mothers should also receive a risk assessment in order to identify any risks or requirements for the workplace.

Managers should advise their employee to read through this policy carefully and should there be any areas that require clarification, it is the responsibility of the line manager to contact human resources initially.

4.2.2 Shared parental or adoption or paternity (maternity support) leave

Once the line manager has been made aware of an employee’s intention to take Leave, managers should advise their employee to read through this policy carefully and should there be any areas that require clarification, it is the responsibility of the line manager to contact People Experience team initially.

4.3 People Experience team

It is the responsibility of the Experience team to support and advise managers in the application of this procedure, ensuring consistency is applied.

4.4 Individual employees

4.4.1 Maternity leave

It is the responsibility of each employee to:

  • read and co-operate fully with the requirements of this policy
  • notify their line manager as soon as they have knowledge of pregnancy or if they are a nursing mother
  • comply with any measures implemented by their manager to reduce or eliminate risks
  • notify their manager of any problems encountered within their working environment at any time during pregnancy or whilst a nursing mother
  • communicate fully regarding the circumstances for the leave request
  • communicate appropriately during any authorised leave
  • notify their line manager if they wish to take shared parental leave in accordance with section 4.4.2

4.4.2 Shared parental leave

It is the responsibility of each employee to:

  • notify their line manager as soon as they have knowledge of their intentions to take shared parental leave
  • co-operate fully with the requirements of this policy
  • communicate fully regarding the circumstances for the leave request
  • communicate appropriately during any authorised leave

4.4.3 Adoption leave

It is the responsibility of each employee to:

  • notify their line manager as soon as they have knowledge of their intentions to take adoption leave
  • co-operate fully with the requirements of this policy
  • communicate fully regarding the circumstances for the leave request
  • communicate appropriately during any authorised leave
  • notify their line manager if they wish to take shared parental leave in accordance with section 4.4.2

4.4.4 Paternity (maternity support) Leave

It is the responsibility of each employee to:

  • notify their line manager as soon as they have knowledge of their intentions to take paternity (maternity support) leave
  • co-operate fully with the requirements of this policy
  • communicate fully regarding the circumstances for the leave request
  • communicate appropriately during any authorised leave

5 Procedure or implementation

5.1 Pregnant and nursing mothers

5.1.1 Risk assessment

A general workplace risk assessment or survey will have been carried out previously which details the character of specific risks in the area to all employees.

The service or line manager should carry out a pregnant worker assessment (see appendix M) which will build on that knowledge and be subject to further review to extrapolate those risks that need additional measures to be taken to protect the pregnant or nursing worker who may be more vulnerable.

The service or line manager will consider the physical, biological and chemical agents, processes and working conditions, which may affect the health and safety of new and expectant mothers. These are detailed in the guidance found at appendix N.

The risk assessment should be reviewed regularly, and as a minimum after 3 months, 6 months and after returning from maternity leave and six months later in order to monitor risk as pregnancy develops.

Line managers will ensure all pregnant workers or nursing mothers are informed of the results of the risk assessment and the actions to be taken to reduce or avoid them.

Copies of the assessment and the remedial measures taken should be sent to the back care advisor

5.1.2 Reduction of risk

The following actions should be considered to reduce or avoid identified risk, this is not an exhaustive list and any reasonable adjustment should be considered:

  • take into consideration any medical advice given to the employee, referring to the occupational health service for guidance as and when required
  • remove, if possible, any substance deemed to be a hazard to pregnant employees or nursing mothers
  • make alternative arrangements, if possible, for activities which are deemed to be a risk to the pregnant employee or a nursing mother
  • adjust working conditions, for example, move to alternative location where less handling or contact with substances occur
  • provide alternative shift work patterns (upon the advice of the occupational health service)
  • make use of authorised absence at appropriate times

5.2 Overriding principles, maternity, shared parental leave, adoption and paternity (maternity support) leave

5.2.1 Deductions from salary

Where an unpaid period of leave is involved, deductions from salary for trade union or professional organisation and other items such as social clubs and Westfield, or similar schemes will cease. This may cause problems with entitlement to benefits under the Schemes, and the employee is advised to contact the scheme provider personally to arrange for payments to be kept up to date. The employee is also advised to contact their trade union or professional organisation regarding deductions during unpaid leave.

5.2.2 Mobile phones or laptops or iPads

Any arrangements which may be in place for the reimbursement of phone rental charges will continue unchanged during the period of leave.

Should the employee have the use of a mobile phone or laptop or iPads through their employment with the trust, they should discuss the return or use of the mobile phone whilst on leave covered by this policy (not periods of annual leave) with their manager.

5.2.3 Lease cars

Employees on maternity, shared parental or adoption leave may continue to use their lease car. Whilst an employee is still receiving pay the normal deductions will be made from their salary. Once there is insufficient salary to cover the cost of the lease, then arrangements should be made by the employee to provide payment to cover the cost of the lease. (Usually in the form of a cheque).

5.2.4 Salary sacrifice vehicles

Any employee who has a contract for a salary sacrifice vehicle is responsible for the deduction which will be taken from their salary, on a monthly basis for the duration of the maternity, shared parental or adoption leave. Whilst an employee is still receiving pay the normal deductions will be made from their salary. Once there is insufficient salary to cover the cost of the salary sacrifice, then arrangements should be made by the employee to provide payment to cover the cost of the salary sacrifice (usually in the form of a one-off or recurring payment).

Within the policy employees may be entitled to more than one aspect of this and there is also an interaction between this policy and the Special Leave Policy.

5.3 Further principles which apply to maternity, shared parental and adoption leave

5.3.1 Keeping In touch or shared parental leave in touch days

Employees can work during their leave on a “keeping in touch day” (KIT) without bringing their leave to an end or losing their statutory maternity pay (SMP), statutory shared parental pay (SHPP) or statutory adoption pay (SAP). Any work carried out on a day or part of a day shall constitute a day’s work for these purposes.

Employees can work up to 10 KIT days during maternity leave but not until at least 2 weeks after the birth of the child. There is no obligation for the trust to offer such work or for the employee to accept. KIT days must be agreed and worked by mutual agreement between the manager and the employee.

For the purposes of shared parental leave or shared parental pay employees will have an individual entitlement of up to 20 shared parental leave in touch days (SPLIT), without bringing their period of SPL to an end or impacting on their right to claim SHPP for that week. These are known as “shared parental leave in touch” or “SPLIT” days.

For more information please refer to appendix E, guidance for keeping in touch days and Appendix F, keeping in touch pro forma.

5.3.2 Annual leave

Contractual annual leave and general public holidays will continue to accrue during maternity or shared parental and adoption leave, whether paid or unpaid. Where the amount of accrued annual leave would exceed normal carry over provisions, it may be mutually beneficial for the employee to take annual leave before and or after the paid and unpaid maternity leave, shared parental or adoption leave period. The amount of leave to be taken in this way, or carried over and should be discussed and agreed between the employee and the employer, before the commencement of the maternity or shared parental or adoption leave. An employee needs to be aware that should they be planning to commence their maternity leave in February, March or April then they should discuss with their line manager and the People Experience team on the possible implications on their annual leave.

Please note annual leave cannot be taken during any stage of maternity or shared parental and adoption leave as this would cease the maternity or shared parental and adoption leave or pay period.

In certain circumstances, such as when a baby arrives earlier than expected or the time of year the maternity or shared parental or adoption leave starts and finishes, resulting in an employee being unable to take the agreed annual leave, prior to the commencement of their maternity, shared parental or adoption leave, the carry over of any untaken contractual annual leave and bank holidays will be allowed.

5.3.3 General public holidays

Employees on paid and unpaid maternity leave retain their right to general public holidays.

5.3.4 Payment and pension arrangements

The employee’s salary will continue to be paid on a monthly basis, however, the amount will naturally vary depending on the employee’s entitlement to occupational maternity pay and statutory maternity pay, shared parental pay and adoption pay.

The employee has the opportunity to meet with pay services and can request from their respective pay clerk a projection of earnings whilst on maternity leave to allow individuals to plan for their period of leave effectively. If the employee intends to meet with pay services, they should contact their relevant pay clerk.

By prior agreement with the line manager and the payroll department, maternity pay may be paid in a different way, for example, a combination of full and half pay or a fixed amount spread equally over the maternity leave period.

If the employee pays contributions to the NHS pension scheme and does not intend to return to work, they may, if they wish, continue to pay contributions during the statutory maternity or adoption leave period.

If the employee is a member of the pension scheme and intends to return to work following the leave, they will be required to continue their contributions in order to cover the leave period.

Members of the NHS Pensions scheme are advised to contact the trust pensions officer or payroll manager regarding deduction of pension contributions during their leave.

5.4 Maternity leave and or pay

Maternity leave and or pay will apply, in accordance with the qualifying conditions below, see 5.42, entitlement criteria, to women expecting a baby who are employed by the trust.

5.4.1 Maternity abbreviations

  • EWC, expected week of confinement (childbirth).
  • SMP, statutory maternity pay.
  • OMP, occupational maternity pay.
  • MA, maternity allowance.
  • MAT B1, maternity certificate confirming expected week of confinement (available from GP or midwife around 20th week of pregnancy).

5.4.2 Entitlement criteria

5.4.2.1 Leave and Pay

Entitlements to maternity leave and, or pay apply in accordance with the table attached (appendix A). All employees will have the right to take 52 weeks of maternity leave unless they opt to take shared parental leave.

To qualify for maternity leave employees must continue to be employed by the trust until the beginning of the 15th week before the expected week of confinement.

To qualify for occupational maternity pay employees must:

  • have completed 12 months continuous service with one or more NHS employer at the beginning of the 11th week before the EWC
  • a break in service of 3 months or less will be disregarded, though not count as service
  • notify the employer in writing before the end of the 15th week before the expected date of childbirth:
    • of their intention to take maternity leave
    • of the date they wished to start their maternity leave
    • that they intend to return to work with the same or another NHS employer for a minimum period of three months after the maternity leave has ended
    • provide a MATb1 form from her midwife or GP giving the expected date of childbirth
5.4.2.2 Maternity leave and shared parental leave

Employees who wish to consider taking shared parental leave should refer to section 5.5 of this policy for further information.

5.4.2.3 Antenatal care

Pregnant employees have the right to paid time off for antenatal care, provided the appointment has been pre-arranged and time away from work has been requested via the manager and an acceptable notice period has been given. After the first appointment employees should show their manager confirmation of any further appointments through an appointment card or letter. Agency staff are entitled to paid time off for antenatal care after they have completed a twelve-week qualifying period, in this instance seek specific advice from the People Experience team.

5.4.2.4 Post-natal care

Employees who have recently given birth and have returned to work have the right to paid time off for post-natal care. Employees who are breastfeeding have the right to:

  • a risk assessment in order to identify any risks posed
  • a clean, healthy and safe environment
  • suitable access to a private room to express and store milk in an appropriate refrigerator

If an employee is, or plans to be breast-feeding beyond 6 months post birth, they should discuss what may be appropriate arrangements with their manager.

5.4.2.5 Fixed term contracts

If the employee is on a fixed term or training contract which will expire prior to the eleventh week before the expected week of confinement, and they have less than 12 months service, the trust has no liability to pay any occupational maternity pay, although the employee may be entitled to SMP.

If the contract expires after the eleventh week before the expected week of confinement, and the employee has the relevant service, the trust will extend the contract to enable them to receive certain maternity pay or benefits for which they may be eligible, including, paid contractual and statutory maternity pay, and the remaining 13 weeks of unpaid maternity leave.

Please obtain further advice from the People Experience team on this point. A meeting will be arranged between the employee and the line manager to discuss the above and to agree the relevant actions to be taken.

In this case absence on maternity leave (paid and unpaid) up to 52 weeks before a further NHS appointment shall not constitute a break in service.

If the employee does not secure further NHS employment the repayment provisions detailed in section 2 of appendix B do not apply

5.4.2.6 Sickness prior to childbirth

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 4th week before the expected week of childbirth or the beginning of the next week after the employee last worked, whichever is 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 sickness absence in accordance with normal leave provisions.

Odd days of pregnancy-related illness during this period may be disregarded if the employee wishes to continue working till the maternity leave start date previously notified to the employer.

5.4.2.7 No qualifying period for SMP or MA

If the employee does not have 15 weeks service within the trust prior to the EWC they will need to complete an SMP1 form, available from the pay services department, job centre plus or department of work and pensions offices where they will confirm whether there is an entitlement to receive statutory maternity pay. If the employee’s earnings are below the threshold to qualify for SMP or they do not qualify for another reason the employee must contact the job centre plus or social security office to claim maternity allowance. It is the employee’s responsibility to liaise with the necessary departments or agencies in order to facilitate the above.

5.4.3 Health and safety

For health and safety reasons the employee should notify their manager as soon as they are aware of the pregnancy in order that the working environment can be assessed to ensure that it does not pose a risk to the employees own or the child’s health. This applies equally to the employee through pregnancy or whilst breastfeeding. For specific advice in relation to agency workers contact the People Experience team for further advice and support.

5.4.4 Procedural arrangements

  • The employee must notify her manager in writing of her intention to take maternity leave by the end of the 15th week before the expected week of childbirth (EWC) unless this is not reasonably practicable.
  • The employee must complete the maternity application form (appendix B) giving at least 28 days notification before the intended leave date. Delay may affect payment of maternity benefits.
  • The employee must also submit the original certificate of childbirth (MATB1form) to their manager at least 28 days before the intended leave date. This certificate is usually issued by the GP or midwife around the employee’s 20th week of pregnancy.
  • If the employee wishes to change the date from which they wish their maternity leave to start, they must notify their line manager at least 28 days beforehand (or, if this isn’t possible, as soon as is reasonably practicable beforehand).
  • An employee who intends to return to work at the end of their full maternity leave will not be required to give any further notification to the trust, however should the return to work date change, 8 weeks’ notice should be given to the line manager.
  • If the employee intends to return to work on a different basis, they should preferably enter into discussions with their manager prior to the maternity leave but no later than 8 weeks before they intend to return to work. (Please refer to the flexible working policy and Procedure for further information).
  • If the employee intends to return to work they must complete section 2 of the maternity application form (appendix B), which includes a declaration of intent to return to work for a minimum of 3 months.
  • The People Experience team will confirm the employee’s leave and pay entitlements in writing, following receipt of the completed application form and MATB1 certificate from the manager.
  • For further information in relation to planning the maternity leave, refer to appendix C, frequently asked questions and appendix D, useful contacts.

5.4.5 Failure to return to work after maternity leave

If an employee who has notified their employer of her intention to return to work to the trust or a different NHS employer, in accordance with this policy, fails to do so within 15 months of the beginning of their maternity leave, they will be liable to refund the whole of her maternity pay, less any statutory maternity pay, received.

5.5 Shared parental leave

5.5.1 Shared parental leave abbreviations

Definitions
Abbreviation Long form
Mother The woman who gives birth to a child or the adopter (the adopter means the person who is eligible for adoption leave and, or pay. They can be male or female)
Partner The child’s biological father or the partner of the mother or adopter. This can be a spouse, civil partner; or a partner who is living in an enduring relationship with the mother and the child
SPL Shared parental leave
OSPP Occupational shared parental pay
SHPP Statutory shared parental pay
Continuous leave A period of leave that is taken in one block, for example, four weeks’ leave
Discontinuous leave A period of leave that is arranged around weeks when the employee will return to work, for example, an arrangement where an employee will work every other week for a period of three months.
SPLIT day Shared parental leave in touch day
Unpaid parental leave Separate to SPL, entitles employees to take up to 18 weeks off work to look after a child’s welfare, this leave is normally unpaid
Match When an adopter is approved to adopt a named child or children
Curtail Where an eligible mother brings their maternity or adoption leave and, if appropriate, pay or allowance entitlement to an end early. This is sometimes referred to as reducing the maternity or adoption leave period or reducing the maternity or adoption pay or maternity allowance period

5.5.2 Entitlement criteria

Shared parental leave enables mothers to commit to ending their maternity leave and pay at a future date and to share the untaken balance of leave and statutory pay as shared parental leave with their partner, or to return to work early from maternity leave and opt into shared parental leave and pay at a later date.

Shared parental leave is designed to allow couples greater freedom to decide how to take their family friendly leave. This facility is also available to adoptive parents.

Shared parental leave enables eligible parents and employees to choose how to share the care of their child during the first year of birth or adoption. Its purpose is to give parents more flexibility in considering how to best care for, and bond with, their child. All eligible employees have a statutory right to take shared parental Leave. There may also be an entitlement to some shared parental pay. This section details the statutory rights and responsibilities of employees who wish to take statutory shared parental leave (SPL), occupational shared parental pay (OSPP) and statutory shared parental pay (SHPP).

5.5.2.1 Leave and pay

Employees wishing to take shared parental leave may be entitled to enhanced OSPP. To qualify for enhanced OSPP employees must:

  • have completed 12 months continuous NHS service at the beginning of the 11th week before the expected week of childbirth or at the beginning of the week in which they are notified of being matched with a child for adoption, or by the 15th week before the baby’s due date of applying via a surrogacy arrangement
  • confirmation that the other parent meets the statutory “employment and earnings test” by being an employed or self-employed earner in the UK for a total of 26 weeks (not necessarily continuously) in the 66 weeks preceding the week the child is due to be born or matched for adoption. The individual must have earned at least an average of £30 (gross) a week in 13 of those 26 weeks (not necessarily continuously). This amount can be amended from time to time by the Secretary of State
  • follow the application procedure outlined below
  • intends to return to work with the same or another NHS employer for a minimum period of three months after shared parental leave has ended
  • that the mother or primary adopter has returned to work following maternity or adoption leave, or has provided the binding notice confirming that they intend to bring their maternity or adoption leave and pay entitlements to an early end
  • they confirm that the other parent meets the statutory “employment and earnings test” by being an employed or self-employed earner in the UK for a total of 26 weeks (not necessarily continuously) in the 66 weeks preceding the week the child is due to be born or matched for adoption

If an employee does not meet the criteria for enhanced OPP, there payment will be based upon the statutory payment. Any SHPP due will be paid at a rate set by the government for the relevant tax year.

Shared parental leave should not be confused with ordinary parental leave, which is unaffected by shared parental leave. Ordinary parental leave is the entitlement to up to 18 weeks unpaid leave. For further information refer to the special leave policy.

5.5.2.2 Eligibility for shared parental leave

SPL can only be used by two people:

  • the mother or adopter and one of the following:
    • the father of the child (in the case of birth) or o the spouse, civil partner or partner of the child’s mother or adopter
    • both parents must share the main responsibility for the care of the child at the time of the birth or placement for adoption

Additionally an employee seeking to take SPL must satisfy each of the following criteria:

  • the mother or adopter of the child must be or have been entitled to statutory maternity or adoption leave or if not entitled to statutory maternity or adoption leave they must be or have been entitled to statutory maternity or adoption pay or maternity allowance and must have ended or given notice to reduce any maternity or adoption entitlements
  • the employee must still be working for the trust at the start of each period of SPL
  • the employee must pass the ‘continuity test’ requiring them to have a minimum of 26 weeks’ service at the end of the 15th week before the child’s expected due date or matching date
  • the employee’s partner must meet the ‘employment and earnings test’ requiring them in the 66 weeks leading up to the child’s expected due date or matching date have worked for at least 26 weeks and earned an average of at least £30 (This amount can be amended from time to time by the Secretary of State) a week in any 13 of those weeks
  • the employee must correctly notify the trust of their entitlement and provide evidence as required

An employee considering or taking SPL is encouraged to contact the People Experience team to arrange an informal discussion as early as possible regarding their potential entitlement, to talk about their plans to ensure that the employee is supported.

The People Experience team or line manager may upon receiving a notification of entitlement to take SPL seek to arrange an informal discussion with the employee to talk about their intentions and how they currently expect to use their SPL entitlement.

5.5.2.3 Shared parental leave entitlement

Eligible employees may be entitled to take up to 50 weeks SPL during the child’s first year in their family. The number of weeks available is calculated using the mother’s or adopter’s entitlement to maternity or adoption leave, which allows them to take up to 52 weeks’ leave. If they reduce their maternity or adoption leave entitlement then they and or their partner may opt in to the SPL system and take any remaining weeks as SPL.

A mother or adopter may reduce their entitlement to maternity or adoption leave by returning to work before the full entitlement of 52 weeks has been taken, or they may give notice to curtail their leave at a specified future date.

If the mother or adopter is not entitled to maternity or adoption leave but is entitled to statutory maternity pay (SMP), statutory adoption pay (SAP) or maternity allowance (MA), they must reduce their entitlement to less than the 39 weeks. If they do this, their partner may be entitled to up to 50 weeks of SPL. This is calculated by deducting from 52 the number of weeks of SMP, SAP or MA taken by the mother or adopter.

SPL can commence as follows:

  • the mother can take SPL after she has taken the legally required two weeks of maternity leave immediately following the birth of the child
  • the adopter can take SPL after taking at least two weeks of adoption leave
  • the father or partner or spouse can take SPL immediately following the birth or placement of the child, but may first choose to exhaust any paternity leave entitlements (as the father or partner cannot take paternity leave or pay once they have taken any SPL or SHPP)

Where a mother or adopter gives notice to curtail their maternity or adoption entitlement then the mother or adopter’s partner can take leave while the mother or adopter is still using their maternity or adoption entitlements.

SPL will generally commence on the employee’s chosen start date specified in their leave booking notice, or in any subsequent variation notice (see booking shared parental leave, section 5.8 and variations to arranged shared parental leave, section 5.10 below).

If the employee is eligible to receive it, shared parental pay (SHPP) may be paid for some, or all, of the SPL period (see “shared parental pay” below).

SPL must end no later than one year after the birth or placement of the child. Any SPL not taken by the first birthday or first anniversary of placement for adoption is lost.

5.5.3 Notifying the trust of an entitlement to shared parental leave

To notify of an intention to take shared parental leave an employee must complete appendix C which captures all of the points detailed below.

An employee entitled and intending to take SPL must give their line manager notification of their entitlement and intention to take to SPL, at least eight weeks before they can take any period of SPL.

Part of the eligibility criteria requires the employee to provide the trust with correct notification. Notification must be in writing and requires each of the following:

  • the name of the employee
  • the name of the other parent
  • the start and end dates of any maternity or adoption leave or pay, or maternity allowance, taken in respect of the child and the total amount of SPL available
  • the date on which the child is expected to be born and the actual date of birth or, in the case of an adopted child, the date on which the employee was notified of having been matched with the child and the date of placement for adoption
  • the amount of SPL the employee and their partner each intend to take
  • a non-binding indication of when the employee expects to take the leave

The employee must provide the trust with a signed declaration stating:

  • that they meet, or will meet, the eligibility conditions and are entitled to take SPL
  • that the information they have given is accurate
  • if they are not the mother or adopter they must confirm that they are either the father of the child or the spouse, civil partner or partner of the mother or adopter
  • that should they cease to be eligible they will immediately inform the trust

The employee must provide the trust with a signed declaration from their partner confirming:

  • their name, address and national insurance number (or a declaration that they do not have a national insurance number)
  • that they are the mother or adopter of the child or they are the father of the child or are the spouse, civil partner or partner of the mother or adopter
  • that they satisfy the ‘employment and earnings test’ (see “who is eligible for shared parental leave?” above), and had at the date of the child’s birth or placement for adoption the main responsibility for the child, along with the employee
  • that they consent to the amount of SPL that the employee intends to take
  • that they consent to the trust processing the information contained in the declaration form and in the case whether the partner is the mother or adopter, that they will immediately inform their partner should they cease to satisfy the eligibility conditions

5.5.4 Requesting further evidence of eligibility

The trust may, within 14 days of the SPL entitlement notification being given, request:

  • the name and business address of the partner’s employer (where the employee’s partner is no longer employed or is self-employed their contact details must be given instead)
  • in the case of biological parents, a copy of the child’s birth certificate (or, where one has not been issued, a declaration as to the time and place of the birth)
  • in the case of an adopted child, documentary evidence of the name and address of the adoption agency, the date on which they were notified of having been matched with the child and the date on which the agency expects to place the child for adoption

In order to be entitled to SPL, the employee must produce this information within 14 days of the employer’s request.

5.5.5 Fraudulent claims

Where there is a suspicion that fraudulent information may have been provided or where the trust has been informed by the HMRC that a fraudulent claim was made, the trust will investigate the matter further, following a referral to the counter fraud service, in accordance with the fraud, bribery and corruption policy.

5.5.6 Booking shared parental leave

In addition to notifying the employer of entitlement to SPL or SHPP, an employee must also give notice to take the leave. In many cases, notice to take leave will be given at the same time as the notice of entitlement to SPL.

The employee has the right to submit three notifications for the identified period of shared parental leave, specifying leave periods they are intending to take. Each notification may contain either (a) a single period of weeks of leave; or (b) two or more weeks of discontinuous leave, where the employee intends to return to work between periods of leave.

SPL can only be taken in complete weeks but may begin on any day of the week. For example if a week of SPL began on a Tuesday it would finish on a Monday. Where an employee returns to work between periods of SPL, the next period of SPL can start on any day of the week.

The employee must book SPL by giving the correct notification at least eight weeks before the date on which they wish to start the leave and (if applicable) receive SHPP.

5.5.6.1 Continuous leave notifications

A notification can be for a period of continuous leave, which means a notification of a number of weeks taken in a single unbroken period of leave (for example, six weeks in a row).

An employee has the right to take a continuous block of leave notified in a single notification, so long as it does not exceed the total number of weeks of SPL available to them (specified in the notice of entitlement) and the employer has been given at least eight weeks’ notice.

5.5.6.2 Discontinuous leave notifications

A single notification may also contain a request for two or more periods of discontinuous leave, which means asking for a set number of weeks of leave over a period of time, with breaks between the leave where the employee returns to work (for example, an arrangement where an employee will take six weeks of SPL and work every other week for a period of three months).

Where there is concern over accommodating the notification, the trust or the employee may seek to arrange a meeting to discuss the notification with a view to agreeing an arrangement that meets both the needs of the employee and the trust.

The trust will consider a discontinuous leave notification but has the right to refuse it. If the leave pattern is refused, the employee can either withdraw it within 15 days of giving it, or can take the leave in a single continuous block.

5.5.7 Responding to a shared parental leave notification

Once the line manager receives the leave booking notification, it will be dealt with as soon as possible, but a response will be provided no later than the 14th day after the leave request was made.

Upon receiving a leave booking notification the line manager may arrange a meeting to discuss it. Where a notification is for a single period of continuous leave, or where a request for discontinuous leave can without further discussion be approved in the terms stated in the employee’s notice booking leave, a meeting may not be necessary.

The purpose of the meeting is to discuss in detail the leave proposed and what will happen while the employee is away from work. Where it is a request for discontinuous leave the discussion may also focus on how the leave proposal could be agreed, whether a modified arrangement would be agreeable to the employee and the trust, and what the outcome may be if no agreement is reached. All notifications for continuous leave, the decision will be confirmed in writing to the employee.

All requests for discontinuous leave will be carefully considered, weighing up the potential benefits to the employee and to the trust against any adverse impact to the trust.

Each request for discontinuous leave will be considered on a case-by-case basis. Agreeing to one request will not set a precedent or create the right for another employee to be granted a similar pattern of SPL.

The employee will be informed in writing of the decision as soon as is reasonably practicable, but no later than the 14th day after the leave notification was made. The request may be granted in full or in part: for example, the trust may propose a modified version of the request.

If a discontinuous leave pattern is refused then the employee may withdraw the request without detriment on or before the 15th day after the notification was given; or may take the total number of weeks in the notice in a single continuous block. If the employee chooses to take the leave in a single continuous block, the employee has until the 19th day from the date the original notification was given to choose when they want the leave period to begin. The leave cannot start sooner than eight weeks from the date the original notification was submitted. If the employee does not choose a start date then the leave will begin on the first leave date requested in the original notification.

5.5.8 Variations to arranged shared parental leave

The employee is permitted to vary or cancel an agreed and booked period of SPL, provided that they advise the trust in writing at least eight weeks before the date of any variation. Any new start date cannot be sooner than eight weeks from the date of the variation request.

Any variation or cancellation notification made by the employee, including notice to return to work early, will usually count as a new notification reducing the employee’s right to book or vary leave by one. However, a change as a result of a child being born early, or as a result of the trust requesting it be changed, and the employee being agreeable to the change, will not count as further notification. Any variation will be confirmed in writing by the trust.

5.5.9 Secondary work during a period of parental leave

All employees should notify the trust of any secondary employment. An employee should not engage in paid employment whilst on parental leave during times when the employee would otherwise be working for the trust.

5.6 Parent support leave and pay (paternity leave)

5.6.1 Parent support leave and pay (paternity leave) and or pay (maximum 2 weeks leave)

Parent support leave and pay (paternity leave) and or pay will apply, in accordance with the qualifying conditions below, see 5.5.2, entitlement criteria, to biological and adoptive fathers, nominated carers and same-sex partners.

5.6.2 Abbreviations

Definitions
Abbreviation Long form
EWC Expected week of confinement
SPP Statutory paternity pay
ASPP Shared parental leave
APL Additional paternity (maternity support) leave

5.6.3 Entitlement criteria

Parent support leave and pay (paternity leave) provides the following employees, who have responsibility for bringing up a child, with up to 2 weeks consecutive time off following the birth or adoption of their child.

The NHS provides enhanced paternity provision (see below) to employees with over 12 months continuous service.

This provision is available to either; the biological father of the baby; an adoptive parent who is not the primary carer and not in receipt of adoption leave or the mother or primary carer’s partner (partner may include a same-sex partner).

Paid provisions applies to all employees provided that they have a minimum of 26 weeks continuous NHS service at the 15th week of the EWC.

Reasonable paid time off to attend ante-natal classes will also be given.

Employees can take only one period of leave even if more than one baby is born as the result of the same pregnancy. The service qualifications detailed below relate to service with one or more NHS employers.

Continuous NHS service, less than 26 weeks NHS continuous service at 15th week before expected week of childbirth (EWC) or being matched to an adoptive child:

  • leave, 2 weeks
  • pay, unpaid

Continuous NHS service, 26 weeks NHS continuous service at the 15th week before EWC or notified of being matched to an adoptive child but less than 12 months NHS continuous service:

  • leave, 2 weeks
  • pay, 1 week full pay (inclusive of any statutory paternity (maternity support) pay (SPP) receivable). 1 week SPP (if average weekly earnings are above minimum NI contribution rate)

Continuous NHS service, at least 12 months NHS continuous service at the beginning of the week in which the baby is due, or the child is placed for adoption:

  • leave, 2 weeks
  • pay, 2 weeks full pay (inclusive of any SPP receivable)

5.6.4 Procedural arrangements

An employee can choose to start his or her parent support leave and pay (paternity leave) leave on the date of the child’s birth (whether this is earlier or later than expected) or on a date falling no more than 56 days after the date on which the child is born or placed.

Parent support leave can commence on any day of the week, as long as the employee has given the required notice to their line manager. Employees will normally take their leave in full weeks but may be granted periods of less than a week at managerial discretion, subject to the needs of the service.

The employee should apply to their line manager, using the application form (appendix G), at least 28 days prior to wanting their leave to commence, informing the manager:

  • the expected week of the baby’s birth or placement
  • whether they wish to take one or two weeks’ leave
  • the date in which they intend to start their leave

The People Experience team will confirm the employee’s leave and pay entitlements in writing, following receipt of the completed application form (appendix G).

The employee must also tell his or her employer when the baby was actually born as soon as is reasonably practicable after the birth.

Should an employee wish change to their leave start date, 2 weeks’ notice must be given to ensure adequate cover within the workplace.

An employee cannot take parent support leave or be paid SPP before the birth of the baby. If the baby is not born by the date specified, then the date must be changed or leave must be taken from the actual date of birth or a specified number of days after the birth.

5.7 Adoption leave

5.7.1 Adoption leave and or pay

The purpose of adoption leave is to facilitate time off, with pay where appropriate, for a parent with an adoptive child below the age of 18.

Adoption leave applies to one adoptive parent who is newly matched with a child, in accordance with the qualifying conditions below. The other parent, if also an employee, is entitled to shared parental leave, paternity or partner leave.

5.7.2 Adoption leave abbreviations

Definitions
Abbreviation Long form
SAP Statutory adoption pay
SAL Statutory adoption leave

5.7.3 Entitlement criteria

5.7.3.1 Appointments

Leave will be granted for official meetings in the adoption process as well as time after the adoption itself. The agreement for time off after the adoption covers circumstances where the child is initially unknown to the adoptive parents. If there is an established relationship with the child, such as fostering prior to adoption, time off for official meetings only will be considered.

5.7.3.2 Leave and pay

Entitlements to adoption leave and or pay apply in accordance with the table attached (appendix I)

To qualify for occupational adoption leave and pay employees must:

  • have completed 12 months continuous NHS service ending with the week in which they are notified of being matched with the child for adoption
  • have average weekly earnings at least equal to the lower earnings limit for National Insurance contributions in the 8 weeks up to and including the 15th week before the EWC
  • follow the application procedure outlined below
5.7.3.3 Procedural arrangements
  • The employee can choose to start their leave from the date of the child’s placement (whether this is earlier or later than expected), or from a fixed date which can be up to 14 days before the expected date of placement.
  • The employee must use the application for adoption leave and or pay (appendix J), notify their manager in writing before the end of the week in which they are notified of being matched with a child for adoption or by the 15th week before the baby’s due date if applying via a surrogacy arrangement:
    • of their intention to take adoption leave
    • the expected date of placement
    • the date on which they intend to start adoption leave
    • that they intend to return to work with the same or another NHS employer for a minimum period of three months after their adoption leave has ended
  • The employee must provide written confirmation from the placing authority of the decision or a parental statutory declaration that they intend to apply for a parental order in the case of a surrogacy arrangement or (appendix K).
  • The People Experience team will confirm the employee’s leave and pay entitlements in writing, following receipt of the completed application form and matching certificate from the manager.
  • The employee can change the date from which they wish their leave to start by notifying their line manager at least 28 days beforehand (or, if this isn’t possible, as soon as is reasonably practicable beforehand).
  • If the employee plans to return to work at the end of the full adoption leave then further notification is not required, however, should this change, 8 weeks’ notice should be given to the line manager.
  • Should the adoption break down, ‘be disrupted’ the employee will be entitled to continue their adoption leave and receive the appropriate payment for that time.
5.7.3.4 Adoption leave and shared parental leave

Employees who wish to consider taking shared parental leave should refer to section 5.4 of this policy for further information.

6 Training implications

6.1 Managers

  • How often should this be undertaken: On revision of the policy or new appointments or promotions.
  • Delivery method: Trust communications.
  • Training delivered by whom: The People Experience team, advisors where requested by managers.

6.2 The People Experience team

  • How often should this be undertaken: On appointment or revision of the policy.
  • Delivery method: On the job training mentoring.
  • Training delivered by whom: Team leaders or experience partners or head of people  experience.

6.3 Staff side

  • How often should this be undertaken: On revision of the policy and at policy forum.
  • Delivery method: Awareness or briefing sessions on policy.
  • Training delivered by whom: Workforce and OD directorate.

7 Monitoring arrangements

7.1 Applications for leave in accordance with the policy

  • How: Review of a sample of applications.
  • Who by: People Experience team.
  • Frequency: Annually.

7.2 Number of grievance raised in relation to the policy

  • How: Review of HR data.
  • Who by: People Experience team.
  • Frequency: Annually.

7.3 Risk assessments

  • How: During workplace health and safety inspections.
  • Who by: Service or line managers or Safety team.
  • Reported to: Health and safety forum.
  • Frequency: Annually.

8 Equality impact assessment screening

To access the equality impact assessment for this policy, please see the overarching equality impact assessment.

8.1 Privacy, dignity and respect

The NHS Constitution states that all patients should feel that their privacy and dignity are respected while they are in hospital. High Quality Care for All (2008), Lord Darzi’s review of the NHS, identifies the need to organise care around the individual, ‘not just clinically but in terms of dignity and respect’.

As a consequence the trust is required to articulate its intent to deliver care with privacy and dignity that treats all service users with respect. Therefore, all procedural documents will be considered, if relevant, to reflect the requirement to treat everyone with privacy, dignity and respect, (when appropriate this should also include how same-sex accommodation is provided).

8.1.1 How this will be met

Not applicable.

8.2 Mental Capacity Act 2005

Central to any aspect of care delivered to adults and young people aged 16 years or over will be the consideration of the individuals’ capacity to participate in the decision-making process. Consequently, no intervention should be carried out without either the individual’s informed consent, or the powers included in a legal framework, or by order of the court.

Therefore, the trust is required to make sure that all staff working with individuals who use our service are familiar with the provisions within the Mental Capacity Act (2005). For this reason all procedural documents will be considered, if relevant to reflect the provisions of the Mental Capacity Act (2005) to ensure that the rights of individual are protected and they are supported to make their own decisions where possible and that any decisions made on their behalf when they lack capacity are made in their best interests and least restrictive of their rights and freedoms.

8.2.1 How this will be met

All individuals involved in the implementation of this policy should do so in accordance with the guiding principles of the Mental Capacity Act (2005) (section 1).

10 References

  • Adoption and Children Act 2002 (Consequential Amendment to Statutory.
  • Adoption Pay) Order 2006 (SI 2006/2012).
  • Agenda for Change Terms and Conditions Handbook.
  • Children and Families Act 2014.
  • Control of Substances Hazardous to Health Regulations 2002 (COSHH).
  • Counter fraud, bribery and corruption policy
  • Manual Handling Operations Regulations 1999 (MHOR).
  • Maternity and Adoption Leave (Curtailment of Statutory Right to Leave) Regulations 2014.
  • Maternity and Parental Leave etc and the Paternity and Adoption Leave (Amendment) Regulations 2006 (SI 2006/2014).
  • Shared Parental Leave and Paternity and Adoption Leave (Adoption from Overseas) Regulations 2014.
  • Shared Parental Leave Regulations 2014.
  • Statutory Maternity Pay and Statutory Adoption Pay (Curtailment) Regulations 2014.
  • Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefits) (Amendment) Regulations 2006 (SI 2006/2379).
  • Statutory Shared Parental Pay (Adoption from Overseas) Regulations 2014.
  • Statutory Shared Parental Pay (General) Regulations 2014.
  • Work and Families Act, 2006.

11 Appendices

11.1 Appendix A Mat leave and pay entitlements

11.2 Appendix B Application for maternity leave and or pay

11.3 Appendix C Application form shared parental leave

11.4 Appendix D Frequently asked questions

11.4.1 Planning maternity leave

11.4.1.1 When can I start my maternity leave?

You can start your maternity leave at any time from the 11th week before the EWC. However you may work longer than this, right up to the EWC if you wish, provided you give the required notice to your manager.

11.4.1.2 What if I want to change the start date?

If you subsequently want to change the start date of your maternity leave you should notify your manager at least 28 days beforehand (or as soon as is reasonably practicable).

11.4.1.3 What happens if I am ill before my maternity leave is due to start?

If you are ill, with a pregnancy related illness that starts before and continues into the last four weeks before the EWC, your maternity leave and, or pay will automatically start at the beginning of the 4th week before the EWC.

If you are ill, with a pregnancy related illness that starts during the last 4 weeks before the EWC your maternity leave will start at the beginning of the next week after you last worked.

11.4.1.4 How much maternity leave can I take?

You must take at least 2 weeks maternity leave after your baby is born and can take up to 52 weeks maternity leave (see table in appendix A), some of which may be paid.

11.4.1.5 Will I lose any contractual rights by taking maternity or shared parental or adoption leave?

During your leave period you will retain all your contractual rights except normal pay (you may be entitled to maternity pay). You will have the right to return to your job under your original contract including pay plus any increases, and on no less favourable terms and conditions. Maternity leave, whether paid or unpaid, will count as service for annual increments and for the purposes of any service qualification period for additional annual leave.

11.4.1.6 I am on a rotational training contract, what rights do I have to return?

If you are on a planned rotation of appointments with one or more NHS employers as part of an agreed programme of training, you have the right to return to work in the same post or in the next planned post, irrespective of whether the contract would otherwise have ended if pregnancy and childbirth had not occurred. In such circumstances your contract will be extended to enable you to complete the agreed programme of training.

11.4.1.7 Will I be entitled to annual leave, and when can I take it?

Annual leave and general public holidays will continue to accrue during the whole maternity leave period. If your maternity leave period extends beyond the end of the annual leave year (31st March), you should arrange with your line manager to take your annual leave entitlement before your maternity leave begins, where this is possible.

11.4.1.8 Do I need to keep in touch during my maternity leave?

Before going on leave you should discuss and agree with your manager how you will keep in touch.

During your maternity leave you are entitled up to a maximum of 10 keep in touch days. Keep in touch days cannot be taken during the compulsory maternity leave period, that is the two weeks following childbirth.

Your manager may initiate a programme of keep in touch days, which should be planned in advance at mutually agreed dates in consultation with you. For KIT days worked you will be paid at their basic daily rate for the hours worked, less any occupational or statutory maternity. If a KIT or SPLiT day is worked in the full pay period, we will make arrangements to ensure that you receive a day of paid leave in lieu once you have returned to work. If a KIT day is worked on a day of leave in the half pay period, we will make arrangements to ensure you receives a half day of paid leave in lieu once you have returned to work. Working for part of any day will count as one day.

These days could be used for training purposes or other activities undertaken for the purpose of keeping in touch with the workplace (see appendix F and G).

You should also consider:

  • any voluntary arrangements that may help you to remain aware of any developments at work and, nearer the time of your return, to help facilitate your return to work
  • keeping your manager informed of any developments that may affect your intended date of return.

11.4.2 Pay and benefits

11.4.2.1 How much maternity pay will I receive?

The amount of maternity pay you will receive will depend on your continuous service and whether you are entitled to receive contractual maternity pay as well as statutory maternity pay (this is detailed in the table in appendix A).

11.4.2.2 I need to know how much pay I will receive whilst on maternity or partner or paternity or adoption leave?

Employees can request from their respective pay clerk a projection of earnings whilst on maternity or partner or paternity or adoption leave to allow individuals to plan for their period of leave effectively. To arrange a meeting contact 01302 796350 to be forwarded to the appropriate pay clerk.

11.4.2.3 What other benefits might I be entitled to?

You may also be able to claim child benefit and child tax credits from the HMRC.

11.4.2.4 Can I still make contributions to my pension during maternity leave?

If you pay contributions to the NHS pension scheme and require these to continue during your maternity leave period, whether this is paid or unpaid, and whether you plan to return to work, you should seek advice from the pension officer in pay services before your maternity leave begins.

11.4.2.5 What will happen to the other deductions from my salary?

During any unpaid period of maternity leave, deductions from your salary, for example, payments to Westfield Health Scheme, Trade Union, social club or professional subscriptions, will cease.

You should therefore contact the recipients of these payments, in order to make alternative arrangements. This is especially important for payments to the Westfield scheme as if payments cease your entitlement to benefits under the scheme may be affected.

11.4.3 Unforeseen events

11.4.3.1 What happens if my baby is born prematurely?

If your baby is born before the eleventh week before the expected week of childbirth, and you are at work in the actual week of childbirth, your maternity leave will start on the first day you are absent.

If your baby is born before the eleventh week before the expected week of childbirth, and you are absent from work due to sickness during the actual week of childbirth, your maternity leave will start the day after the actual date of birth.

If your baby is born before the eleventh week before the expected week of childbirth and is in hospital, you may, if you wish, split your maternity leave entitlement by taking a minimum of two weeks leave immediately after the birth and the rest of your leave after your baby has been discharged from hospital.

11.4.3.2 What if things go wrong with my pregnancy?

If your baby is stillborn after the end of the 24th week of pregnancy you will still be entitled to the same maternity leave and pay.

If you have a miscarriage before the 25th week of pregnancy normal sick leave provisions will apply as necessary.

11.4.4 Returning to work

11.4.4.1 Do I need to give any notice of my return to work?

If you plan to return to work at the end of your full maternity leave you do not need to give any further notification of your return. If you plan to return to work early you must give your manager 28 days’ notice.

11.4.4.2 What will happen if I fail to return to work?

If, after indicating an intention to return to work, you fail to do so for a minimum period of 3 months, with either the Trust or another NHS employer, within 15 months of the beginning of your maternity leave, you may be liable to pay back the whole of your maternity pay, less any statutory maternity pay, received.

11.4.4.3 Can I return to work on different contractual arrangements?

If you would like to return to work on different contractual arrangements, for example, a move from full time to part time; a change in hours; a change in working pattern, you should discuss this with your line manager at the earliest opportunity and no later than 4 weeks before you intend to return to work. For further information please refer to the flexible working policy and procedure available on the intranet.

11.4.4.4 Will the trust allow me time off for post-natal care?

The Trust will grant paid time off to women who have recently given birth for post-natal care as in accordance with section 5.3.2.4.

11.4.4.5 Will I still be able to breastfeed if I return to work?

If you are still breastfeeding when you return to work you will be provided with suitable facilities to enable you to express and store milk.

11.4.4.6 Can I get any help with childcare?

Support is available through the human resources department. For further information on nurseries and school holiday play schemes on site please contact the human resources department

11.5 Appendix E Useful contacts

11.5.1 Childcare

Provides details on local child care information

11.5.3 Gingerbread for lone parents

520 Highgate Studios
London
NW5 1TL

11.5.3 Maternity Action

52 to 54 Featherstone Street
London
EC1 8RT

11.5.4 National Childbirth Trust

NCT 30
Euston Square
London
NW1 2FB

11.5.5 Single parent families

11.5.6 TAMBA (twins and multiple births association)

Manor House
Church Hill
Aldershot Hants
GU12 4JU

11.5.7 BLISS (premature baby charity)

Fourth Floor
Maya House
134 to 138 Borough High Street
London
SE1 1LB

11.5.8 The Miscarriage Association

17 Wentworth Terrance
Clayton
Wakefield
West Yorkshire
WF1 3QW

For local contact details please refer to your GP, midwife or health visitor.

11.6 Appendix F Keeping in touch days guidance

11.6.1 Guidance on keeping-in-touch (KIT) days during maternity or shared parental leave and adoption Leave

During your maternity leave period, you and your manager may make reasonable contact in order to discuss your return to work and to make you aware of important changes taking place within the trust.

In addition, you and your manager can agree for you to attend work for up to 10 days during your maternity leave period, as a way of keeping in touch with workplace developments and these days are known as ‘keeping-in-touch days’. The trust encourages employees to make use of keeping-in-touch days as a positive way to keep in contact with developments within your service, team and department, and to facilitate the transition of returning to work at the end of your period of maternity leave.

11.6.1.1 Provision to work keeping-in-touch days

Keeping-in-touch days enable you to attend work for up to a maximum of 10 days or 20 days for the purpose of shared parental leave during your maternity leave or shared parental leave period, without suffering a detriment to your maternity pay.

11.6.1.2 Requirement to undertake keeping-in-touch days

Whilst the trust encourages the use of keeping-in-touch days as a means of assisting employees in maintaining contact with their manager and team whilst on maternity leave, and to aid in making the transition of returning to work following maternity leave, any work undertaken during maternity leave is optional and must be in agreement with both you and your manager. The trust understands and is supportive of the fact that some employees may not wish to attend work whilst on maternity leave or that some employees may find it difficult to attend work because of various reasons. You should therefore feel under no pressure to attend work for keeping-in-touch days; keeping-in-touch days are entirely optional.

Under the same principle that keeping-in-touch days are optional for you as the employee, your manager is also under no obligation to allow you to attend work on the days you request to work your keeping-in-touch days. Your manager is required to assess the needs of the service and to prioritise these needs. For example, your manager may not be able to accommodate your attendance at work on the specific days or times you have requested to work because there might not be a requirement for you to perform your job role at the times of day you are requesting. However, employees should be assured that the opportunity to work keeping-in-touch days would not be unreasonably refused.

11.6.1.3 Timing of keeping-in-touch days

Keeping in touch days can be taken at any point during your maternity leave period, other than in the period of your compulsory maternity leave, which is the two weeks immediately after the birth of your baby. You can attend work for a keeping in touch day for either an individual day or a consecutive number of days. The specific dates in which you will undertake your keeping in touch days should be agreed between you and your manager and will always be subject to service needs. It may be useful for you and your manager to agree whether you will undertake any keeping-in-touch days prior to starting your maternity leave, and if so, to produce a plan of when you might undertake these days. This would enable both parties to make any necessary arrangements ahead of the keeping-in-touch days.

11.6.1.4 Payment for working keeping-in-touch days or time off in lieu

For KIT or SPLiT days worked the employee will be paid at their basic daily rate for the hours worked, less any occupational or statutory maternity or adoption or shared parental leave payments.

If a KIT or SPLiT day is worked in the full pay period, we will ensure that you receive a day of paid leave in lieu once the employee has returned to work. If a KIT or SPLiT day is worked on a day of leave in the half pay period, the employer will make arrangements to ensure the employee receives a half day of paid leave in lieu once the employee had returned to work

This will not affect your entitlement to maternity pay/shared parental pay for the week or weeks you undertake keeping-in touch days.

11.6.2 Employees who do not qualify for statutory maternity pay:

If you are receiving maternity allowance from Jobcentre Plus because you did not qualify for statutory maternity pay, you may work for up to 10 over 20 days during your maternity leave without losing your maternity allowance. You would receive your daily rate for work undertaken as a keeping-in-touch day, regardless of the number of hours you work during the keeping-in-touch day, plus your maternity allowance payable from the Jobcentre Plus.

11.6.2.1 Type of work undertaken as a keeping-in-touch day

The type of work that you undertake as a keeping-in-touch day is subject to agreement between you and your manager. This could be any activity that would ordinarily be classed as work under your contract of employment. Keeping-in-touch days would be particularly useful for attending conferences, training or team meetings. Keeping-in-touch days may also be used to phase you back into returning to work as the end of your maternity leave period approaches.

11.6.2.2 Hours worked during a keeping-in-touch day

Any work undertaken on a day during your maternity leave period will count as a whole keeping-in-touch day, regardless of the number of hours you attend work. As a result, if you attend work for one-hour training session and do not undertake any other work that day, you will have used one of your 10 over 20 keeping-in-touch days.

11.6.2.3 Working in addition of 10 over 20 days

You are permitted to work in excess of 10 over 20 days during your maternity leave period, subject to agreement with your manager. However, you will lose your weeks SMP for the period you attend work after you have exhausted your entitlement to 10 over 20 keeping-in-touch days.

11.6.3 Notifying payroll

Your manager is responsible for notifying pay services of any work you undertake as a keeping-in-touch day using the keeping-in-touch pro forma.

11.6.4 Pension contributions

Payment received for working keeping-in-touch days will be subject to deductions for pension contributions along with any maternity pay you are due to receive.

11.7 Appendix G Keeping in touch pro forma

11.8 Appendix H Application for paternity (maternity support) leave and or pay

11.9 Appendix I Adoption leave and pay entitlements

11.10 Appendix J Application for adoption leave and or pay

11.11 Appendix K Matching certificate statutory adoption leave and pay

11.12 Appendix L Pregnant worker assessment

11.13 Appendix M EU guide pregnant workers generic hazards

11.14 Appendix N Guidance on employees having IVF treatment

11.14.1 Where employee are going through IVF Treatment

The trust recognises undergoing IVF treatment can be a stressful and an emotional time for an employee.

It’s beneficial for employees to inform their line manager as soon as possible that they are undergoing IVF treatment, so managers can look to support employees during the course of their treatment through discussions to prevent unnecessary stress during the course of an employee’s treatment.

The information below sets out the entitlements for employees undergoing IVF treatment.

11.14.2 Time off for appointments prior to embryo transfer

Employees should provide their line manager with as much notice as possible of their appointments for IVF treatment. Where feasible, employees will be allowed to attend the appointments. There’s no legal right for time off work for IVF treatment, therefore this should be facilitated through such things as using annual leave, use of time owing, unpaid leave, swopping the employee’s day off or shifts or flexible working.

11.14.3 Time off for appointments after embryo transfer

Once employees have undergone the last part of the IVF process (embryo transfer) and might become pregnant, employees have all the same maternity rights as non-IVF pregnancies.

Therefore if employees need to attend any further appointments and this falls within their working hours, they will be given paid time off to attend these as detailed in the family leave policy section 5.4.2.3, antenatal care.

11.14.4 Sickness absence following IVF appointments

Attending IVF treatment isn’t defined as incapacity and therefore employees would not be automatically entitled to sick pay. However, if an employee, as a consequence of the treatment are incapacitated for work, regardless of the original condition, sick pay would be payable.

If the IVF treatment is unsuccessful employees are still protected by law against pregnancy discrimination for 2 weeks after finding out an embryo transfer was unsuccessful and normal sick pay provisions will apply as necessary.

Document control

  • Version: 4.2.
  • Unique reference number: 443.
  • Approved by: Corporate policy approval group.
  • Date approved: 8 April 2024.
  • Name of originator or author: Associate people experience partner.
  • Name of responsible individual: Executive director of workforce and organisational development.
  • Date issued: 25 April 2024 (minor amendment).
  • Review date: May 2025.
  • Target audience: All trust employees and agency employees.

Page last reviewed: October 01, 2024
Next review due: October 01, 2025

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