MATERNITY ADOPTION AND PATERNITY GUIDELINES Prepared by:
Sarah Potter (nee Denbigh-White)
Responsible Area: Approval Information:
Human Resources/Organisational Development Date Approved: 31 October 2007 COMMITTEE:Trust Board Approved By:
Sign
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Print Name
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Version No. Approved: Review Date:
Reference to Standards for Better Health Domain Core/Development standard Performance indicators
October 2010
Example : Department of Health 2004 Standards for Better Health First domain Safety Fourth domain Patient focused Seventh domain Public Health Department of Health 2004 Example: Core Standard C4 C13B C24 1. 2. 3.
(Key measure(s) to demonstrate policy, protocol or guideline is working (minimum 1, maximum 3)
CALDERDALE & KIRKLEES PRIMARY CARE TRUST
MATERNITY, ADOPTION AND PATERNITY GUIDELINES
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MATERNITY, ADOPTION AND PATERNITY LEAVE GUIDELINES
POLICY STATEMENT As a caring employer it is the PCT’s policy that it would at all times aim to support the work life balance of its employee’s. The PCT will aim to support all staff during pregnancy, following childbirth and during adoption processes. The PCT will ensure that the maternity, adoption and paternity procedures comply with the PCT’s obligations within the current legal framework and Agenda for Change Terms and Conditions for maternity leave/pay, adoption leave/pay and paternity leave/pay. This policy should be read in conjunction with the associated procedure and management guidelines “Maternity, Adoption and Paternity Entitlement Guidelines for Managers and Staff”.
REVIEW OF POLICY This policy will be reviewed in 3 years unless legislation and NHS guidelines require earlier review.
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CONTENTS Responsibilities PCT HR Department Managers Employees
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Maternity Entitlements 1. Maternity Glossary 2. Maternity Checklist 3. Health & Safety for New & Expectant Mothers 4. Antenatal Care 5. Maternity Leave Notification Procedure Commencement of Maternity Leave Entitlement to Sick Pay Annual Leave Bank Holidays Keep in Touch Days 6. Maternity Pay Entitlement 1(a) – Statutory Maternity Pay Entitlement 1(b) – Contractual Maternity Pay What could affect maternity pay? Entitlement 1(c) – Deferred Benefits Failure to return to work Entitlement 2 – Unpaid Maternity Leave Entitlement 3 – Leaving the PCT Pay and Deductions during Maternity Leave NHS Pension Scheme Trade Union or other Subscriptions Lease Cars Salary Sacrifice Schemes/Childcare Vouchers 7. Return to Work Restrictions on returning Notice of return to work Terms and Conditions Changes to Terms and Conditions Job Share Career Break Childcare 8. Additional Information Special Circumstances Staff on Fixed Term Contracts
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Adoption Entitlements 1. Eligibility for Adoption Leave 2. Entitlement to Adoption Leave 3. Eligibility & Entitlements to Adoption Pay 4
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Entitlement 1(a) – Statutory Adoption Pay Entitlement 1(b) – Contractual Adoption Pay Entitlement 1(c) – Deferred Benefits Entitlement 2 – Unpaid Adoption Leave Entitlement 3 – Leaving the PCT Repayment of Contractual Adoption Pay 4. Time off to attend adoption appointments
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Paternity Entitlements 1. Eligibility for Paternity Leave and Pay 2. Entitlement 1– Statutory Paternity Pay 3. Entitlement 2 – Contractual Paternity Pay 4. Entitlement 3 – Unpaid Paternity Leave
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Appendices Appendix 1 Application for Maternity Leave (MATLVE-1) Appendix 2 Applications for Adoption Leave (ADPLVE-1) Appendix 3 Applications for Paternity Leave (PATLVE-1) Appendix 4 Useful Information Appendix 5 Child/Adult Care Support South Kirklees & Calderdale Appendix 6 Child Care & Carers Support North Kirklees
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RESPONSIBILITIES Responsibilities of the PCT The responsibility for the provision of Maternity, Adoption and Paternity Leave rests initially with the Trust Board. The Trust Board recognises the need to treat all employees fairly by providing equality of opportunity in employment, development, promotion and retention of skills and experience. Responsibilities of the Human Resources Department The Human Resources Department will oversee the introduction, operation and monitoring of this policy. HR will guide managers and staff on the application of this process. Responsibilities of Managers Line Managers are responsible for ensuring that this policy is applied fairly and consistently within their own area. Line Managers should also ensure that employees are made aware of this policy when applicable and understand their entitlements to Maternity, Adoption and Paternity Leave. Line Managers should ensure that requests are dealt with reasonably considered sensitively and dealt with as a matter of importance. Line Managers should ascertain if the individual wishes to receive information on training and development opportunities, job vacancies and PCT news during maternity, paternity and adoption leave. Line Managers should agree with the individual how to ‘keep in touch’ during the relevant period of leave. Responsibilities of Employees Employees should inform their line manager as soon as possible of the intention to take a period of Maternity, Adoption and Paternity Leave. Pregnant employees should inform their line manager of their pregnancy as soon as reasonably practicable to ensure an appropriate risk assessment is conducted. All employees should comply with the procedure as laid out in this policy.
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MATERNITY ENTITLEMENTS
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1. MATERNITY GLOSSARY These notes will help you to understand some of the terms used later in the guidelines CHILDBIRTH
In this booklet, childbirth means the live birth of a child, or a still birth after a pregnancy lasting at least 24 weeks
EDC
Expected Date of Childbirth i.e. the date your baby is due
EWC
Expected Week of Childbirth i.e. the week in which your baby is due
MAT B1
Maternity Certificate This is issued by your GP or midwife and can be signed from your 20th week of pregnancy It is important that you present this form to your manager as soon as possible, otherwise your pay may be affected.
SMP
Statutory Maternity Pay. You may qualify for this benefit if you already worked for the PCT before you became pregnant and you earn at least enough to be relevant for National Insurance purposes
MA
Maternity Allowance. If you do not qualify for Statutory Maternity Pay, Maternity Allowance is an alternative benefit which can be claimed from Job Centre Plus
MATLVE-1
Notification of Maternity Leave Form
IMPORTANT DATES Notification Week
This is the 15th week before your baby is due i.e. the 25th week of your pregnancy. You must inform your line manager at this time of the date you intend to start your maternity leave
11th Week Date
This is the 11th week before your baby is due i.e. the 29th week of pregnancy. This is the earliest date your maternity leave can commence. Statutory Maternity Pay (SMP) is payable from this date
4th Week Date
This is the 4th week before your baby is due i.e. the 36th week of pregnancy. If you are off sick for pregnancy related reasons on or after this date, your Maternity Leave will start automatically 8
2. MATERNITY CHECKLIST
WHEN
WHAT TO DO
WHY
You may choose to inform your manager that you are pregnant.
To enable a risk assessment to be undertaken on your post To arrange paid time off for ante-natal appointments
Arrange to discuss your maternity entitlements with your manager or the HR Department
To protect rights to: • Statutory Maternity Pay • Paid/Unpaid Maternity Leave • Return to work
From 20th week of pregnancy
Obtain Maternity Certificate (form Mat B1) from your midwife or GP
This will confirm the date that your baby is expected. The PCT must receive your Mat B1 form at least 28 days before you intend to start your maternity leave, otherwise your maternity pay may be affected
At 25th week of pregnancy (15th week date)
Notify your line manager To protect your rights to of the date you wish to maternity leave and pay commence your maternity leave
At 29th week of pregnancy (11th week date
MATLVE-1 form should be completed by this date
Maternity leave can commence from this date Maternity pay is payable from this date, provided that you have ceased work on maternity leave
If you wish to return early from maternity leave i.e. within the 52 week period
You must inform your manager that you wish to return early, giving at least 56 days (8 weeks) notice
To protect your right to return to work
When your pregnancy is confirmed
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To enable your manager to make arrangements for your return
3. HEALTH AND SAFETY OF NEW & EXPECTANT MOTHERS 3.1 Risk Assessment Your line manager will be required to conduct a risk assessment on your post to ensure that there are no hazards within your job or workplace that may affect your health, or the health of your baby, whilst you are pregnant or breastfeeding. You may like to ask your manager if you can see a copy of the risk assessment that has been done. 3.2 Alternative Employment during Pregnancy Where your manager considers that you or your unborn child would be at risk were you to continue in your normal duties, but your GP does not advise you to refrain from work altogether, the PCT will seek to provide alternative work for you. Where suitable alternative employment is not available, you will be asked to refrain from work on health and safety grounds, on normal pay, until you give the appropriate notice to commence maternity leave.
4. ANTE-NATAL CARE All pregnant staff, regardless of length of service with the PCT are entitled to reasonable paid time off to receive ante-natal care. This may include not only medical examinations, but also parent-craft or other classes or treatments, which are advised by your midwife or medical practitioner. You will need to inform your line manager that you are pregnant so that time off with pay for ante-natal care can be arranged. Except for the first appointment, you may be asked to produce: • A certificate of pregnancy (from a registered Medical Practitioner) • An appointment card or other documentary evidence
5. MATERNITY LEAVE All pregnant employees, regardless of length of service, are entitled to take up to 52 weeks’ maternity leave. 5.1 Notification Procedure To claim maternity leave, you must inform your line manager of the date you intend to start your leave, by the 15th week before your baby is due (this means that you will be around 25 weeks pregnant.) If you wish to change this date for any reason, you must give 28 days’ notice, or as much notice as is reasonably practicable. You will need to: • Complete a Notification of Maternity Leave form - MATLVE-1
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Give the HR Department your Maternity Certificate (MatB1), which you can obtain, from your midwife or GP from around the 20th week of pregnancy.
The HR Department will: • Consider you application for Maternity leave to agree your entitlement to maternity leave and pay • Write to you to confirm: the start date of your maternity leave; which entitlement you have taken; and the latest date for your return to work 5.2 Commencing Maternity Leave You must continue to work up to your 29th week of pregnancy (11th week date). You can choose to begin your maternity leave at any time after this date. If you wish to work beyond your 11th week date, you are strongly advised to check with your doctor that you are fit to do so. 5.3 Entitlement to Sick Pay If you choose to work beyond the 29th week of your pregnancy and you are absent on account of sickness after the 36th week of pregnancy: • If your doctor confirms that the sickness is NOT related to pregnancy, your absence will be treated as sick leave until the date that maternity leave commences • Where the illness is attributable to the pregnancy, then your maternity leave will usually commence automatically on the day after the first day of absence 5.4 Annual Leave Annual leave will continue to accrue throughout your maternity leave, whether paid or unpaid. You must discuss your annual leave entitlement with your line manager prior to commencing your maternity leave. Carry over of Annual Leave You may apply to carry forward your annual leave entitlement from one leave year to the next. Approval for this is at the discretion of your manager and you should agree the carry over of any annual leave before you commence your maternity leave. 5.5 Bank Holidays Time off in lieu for Bank Holidays does not accrue during maternity leave 5.6 Keeping in Touch Days You should talk to your manager to agree what kind of contact you will have with your department during your maternity leave, e.g.:
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How will you be told about changes that may be happening, which could affect you. This might include job vacancies that occur, or organisational changes • It is possible, if you and your manager both agree, for you to work, or attend training for up to 10 days during your maternity leave. You will need to agree the arrangements for this with your manager, including what you will be doing and how you will be paid. You may also like to use some ‘Keeping in Touch Days’ to ease your return to work. •
6. MATERNITY PAY All pregnant employees are entitled to 52 weeks’ maternity leave: this right to maternity leave applies regardless of length of service. The pay that you receive during this period will depend on your length of service with the PCT, or the wider NHS. Details of the pay and service requirements are detailed below: 6.1 Entitlement 1(a) – Statutory Maternity Pay only If you have completed 26 weeks’ service with the PCT up to and including the end of the 25th week of pregnancy (15th week date) and your average weekly earnings are at or above the National Insurance Lower Earnings Limit, you will be entitled to receive Statutory Maternity Pay (SMP) Statutory Maternity Pay is paid for a period of 39 weeks as follows: • 6 weeks at 90% of full pay • 33 weeks at the lower of, 90% of average weekly earnings, or £123.06 (rate from 5 April 2009) 6.2 Entitlement 1(b) – Contractual Maternity Pay If you have completed 1 year’s continuous NHS 1service by your 29th week of pregnancy (11th week date) and intend to return to work, you may also be eligible to receive the enhanced benefits of Contractual Maternity Pay from the PCT, as follows: • 8 weeks full pay (includes SMP, where payable). • 18 weeks at half pay (plus SMP at the Standard rate, where payable) • 13 weeks at SMP only (where payable) 6.3 Entitlement 1(c) - Deferred Benefits You may have accrued the required service to qualify for Contractual Maternity Pay, but are undecided as to whether you will want to return to work at the end of your maternity leave.
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NHS Employers include Health Authorities, NHS Boards, NHS Trusts, Primary Care Trusts and the Northern Ireland Health Service. Please note this does not include service with a GP practice.
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In this situation, it is possible to leave open the decision about whether to return to work until after the birth of your baby. Your right to return to your job will be protected and at this time you can receive maternity pay of: • 6 weeks at 90% of full pay • Plus Statutory Maternity Pay if you are eligible to receive this If you do decide to return to your post at the end of your maternity leave, all outstanding monies, in excess of the 6 weeks already received, will be paid to you in full. 6.4 Failure to return to work If you have taken Entitlement 1(b) and have received contractual maternity pay from the PCT, you must return to work for the PCT, no later than 12 months from the start of your maternity leave, or to another NHS Employing Authority, no later than 15 months from the start of your maternity leave, for a minimum period of 3 months. If you do not return to work within these timescales, you will be asked to repay any monies in excess of 6 weeks at 90% of full pay (less any SMP to which you may be entitled). 6.5 Entitlement 2 If you do not meet the service requirements for Entitlement 1, you may still take up to 52 weeks Maternity Leave. The maternity leave would be without pay. If you are not eligible to receive Statutory Maternity Pay, the payroll department will notify you and will send form SMP1 to you. You can take this form to Job Centre Plus and may be able to claim Maternity Allowance (MA). 6.6 Entitlement 3 - Not returning to work If you have completed 1 year’s continuous NHS service by your 29th week of pregnancy (11th week date) and have decided that you do not wish to return to work, you must resign from your post, thus giving up your right to return to work. In this situation you will receive 6 weeks at 90% of full pay plus Statutory Maternity Pay, if you are eligible to receive this. 6.7 What could affect your right to paid maternity leave? Both Statutory and Contractual Maternity Pay are based on your average weekly earnings over an eight-week period (if monthly paid, this is the last pay day prior to the end of the 15th week date, i.e. 25th week of pregnancy and the month preceding) Therefore: • If you are on unpaid leave during this period e.g. on a Career Break, or still on unpaid maternity leave from a previous pregnancy, you will not be entitled to either SMP or Contractual Maternity Pay 6.8 Pay and Deductions during Maternity Leave You will be paid through your bank account in the usual way during the paid part of your maternity leave. National Insurance Contributions and Income Tax will be deducted from your salary/wage as normal. 13
6.9 NHS Pension Scheme If you are a member of the NHS Pension Scheme, your contributions will continue to be deducted from your salary throughout the period of your paid maternity leave. You will also be eligible to make pension contributions to cover your period of unpaid maternity leave. On your return to work, you will be advised of the amount payable to cover outstanding pension contributions, which could not be collected whilst you were unpaid. These will normally be recovered over the same period of time as the unpaid leave. 6.10 Trade Union or other Subscriptions If subscriptions are usually deducted from your pay and you wish to continue to subscribe during your period of unpaid maternity leave, you will need to make your own individual arrangements direct with your Trade Union. 6.11 Lease Cars If you have a lease car, the scheme provides the option to return the vehicle to the Trust during your maternity leave or to retain the car for your own private mileage at the contracted price. To discuss the options available, you should contact the Lease Car Administrator Calderdale PCT – 01206 252300 (Knowles Associates) Kirklees PCT – 01484 355020 (Staff working in the North of Kirklees PCT please call Knowles Associates) 6.12 Salary Sacrifice Schemes / Childcare Vouchers It is not possible to continue to participate in these schemes whilst you are on maternity leave. If you have not already cancelled your vouchers, or withdrawn from the nursery salary sacrifice scheme by the 17th week of your pregnancy (as advised in 6.3 above), you must do so prior to commencing maternity leave and will need to give a month’s notice. You will be able to access these again when you return to work.
7. RETURN TO WORK 7.1 Restrictions on Returning You are not allowed to work for the first two weeks after the birth. If you wish to return within 6 weeks of the birth, the PCT would require medical evidence of your fitness to return to work. 7.2 Notice of Return to Work If you intend to return to work at the end of your 52 weeks’ maternity leave, you will not need to give any further notification. However, if you wish to return early from maternity leave you must give at least 56 days’ (8 weeks) notice. 7.3 Terms and Conditions 14
The PCT has an obligation to allow you to return to the job that you were doing before your maternity leave, with the same terms and conditions. If it has not been practicable to keep the exact post open, because of organisational change for example, a post will be offered with not less favourable terms and conditions as the post held prior to maternity leave. 7.4 Change of Terms and Conditions (e.g. Reduced Hours) If you wish to return on reduced hours or a different working pattern, this should be fully discussed with your line manager as soon as possible. Any request to change your working arrangements should be made on the Flexible Working application form and this will be considered in line with PCT policy. Whilst every effort will be made to accommodate your preferred working pattern, this will depend on service needs. The PCT is committed to promoting flexible and family friendly working patterns and if your request cannot be accommodated at the present time, you will be given a written explanation of the business reasons for this. 7.5 Job Share If you are returning from maternity leave and wish to apply to return to your post on a job-share basis, you must notify your manager of your request at least 3 months before your planned return date. Where your manager agrees that your post is suitable for job share, then joint arrangements will be made to try to recruit a suitable job share partner prior to your return to work. However, it should be noted that job share is not an entitlement but is subject to the needs of the service. 7.6 Failure to Return to Work See 6.4 above 7.7 Career Breaks The PCT has a Career Break Policy, which enables employees to request a period of up to 2 years away from the PCT, to undertake study, training, work abroad or to care for dependants. You may be considering applying for a career break to follow on from your maternity leave, which your manager would need to agree. However, if you have taken Entitlement 1(b) and have received the full contractual maternity pay, you will be asked to repay this if you do not return to work at the end of your maternity leave and move straight on to a career break: should you then return from your career break, any outstanding monies will be repaid to you. 7.8 Childcare If you will need to arrange childcare for when your return to work, you are advised to start to consider this at an early stage. Please see attached form Appendix 5 & 6. Contacts:
Huddersfield - 01484 355044 Dewsbury - 01924 213177 15
8. ADDITIONAL INFORMATION 8.1 Special Circumstances In the difficult circumstances where a still birth occurs after the start of the 16th week date (i.e. the 24th week of pregnancy) the member of staff will receive their original maternity leave and pay entitlement. Where an employee’s baby is born alive prematurely, she will be entitled to the same amount of maternity leave and pay as if her baby was born at full term. Where appropriate, managers have the discretion to grant special leave for domestic, personal and family needs in accordance with the PCT’s Special Leave Policy. 8.2 Staff on Fixed Term Contracts Staff on fixed-term contracts, which are due to expire after the 11th week date (the 29th week of pregnancy), shall, subject to satisfying the qualifying conditions outlined in these Guidance Notes, have their contracts extended, so as to enable them to receive the 26 weeks’ paid contractual maternity leave. If there is no right to return to be exercised because the contract would have ended if pregnancy and confinement had not occurred, the failure to return to work provisions shall not apply. STATUTORY MATERNITY PAY (SMP) Statutory Maternity Pay is payable if you meet the following conditions: • • • • •
You have been continuously employed by the PCT for 26 weeks up to and including the 15th week before the baby is due Your average weekly earnings are at or above the National Insurance Lower Earnings Limit You must still be pregnant or have given birth by the 14th week before the baby is due You must have stopped work (including annual leave or sick leave). You must have submitted a Maternity Certificate (Mat B1 form)
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SMP is paid for First 6 weeks
90% of your average weekly earnings with no upper limit
Standard rate (£123.06 per week), or a rate equal to 90% of Remaining 33 your average weekly earnings. You will get whichever rate is weeks lower. If you are not entitled to receive SMP, the PCT’s Salaries and Wages Department will send you form SMP1 once they have received your MatB1 and Notification of Maternity Leave forms. You should then contact your local Job Centre Plus to enquire about claiming Maternity Allowance (MA) You are still entitled to receive SMP or MA even if you leave your post with the PCT, provided that you don’t start work again during the Maternity Pay period. CONTRACTUAL MATERNITY PAY If you have 1 year’s continuous service (i.e. without a break in service) with the NHS at the 11th week before the week in which your baby is due, then you may be entitled to receive additional maternity pay from the PCT as follows: First 8 weeks at full pay, inclusive of SMP, or where SMP is not payable, full pay less any payments made by the Department for Work and Pensions (DWP) in respect of Maternity Benefits 18 weeks at half of full pay plus SMP at the Standard Rate, up to and not exceeding full pay: where SMP is not payable, - half full pay plus benefits paid by the DWP, not to exceed full pay. 13 weeks at SMP only, where payable Contractual Maternity Pay is paid only to those staff who meet the qualifying conditions and who state their intention to return to work.
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ADOPTION ENTITLEMENTS
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ADOPTION LEAVE & PAY 1. Eligibility for Adoption Leave To qualify for adoption leave, the employee must:
Have worked continuously for the PCT for 26 weeks leading into the week in which they are notified of being matched with a child for adoption; Be newly matched with a child, under the age of 18, for adoption by an approved UK adoption agency.
Entitlements to adoption leave and pay do not apply in the case of fostering arrangements or where the child is the natural child of one of the adoptive parents. 2. Entitlements to Adoption Leave Eligible staff will be entitled to 26 weeks Ordinary Adoption Leave (OAL) and up to a further 26 weeks Additional Adoption Leave (AAL). The period of AAL will commence at the end of the OAL and is optional. Only one period of leave is available irrespective of whether more than one child is placed for adoption as part of the same arrangement. The leave can commence on any day of the week: • •
From the date of the child’s placement (whether this is earlier or later than expected); From a fixed date which can be up to 14 days before the expected date of placement.
If the child’s placement ends during the adoption leave period, the adopter will be able to continue adoption leave for up to eight weeks after the end of the placement. If two employees of the PCT are involved in one adoption, the leave may be divided between them or allocated to one only as they wish. The division of leave can be flexible but would need to be discussed and agreed by the employees with their respective managers or manager. 3. Eligibility and Entitlements to Adoption Pay The amount of pay that eligible employees will receive will be dependant on service with the PCT. 3.1 Entitlement 1(a) – Statutory Adoption Pay - Employees with more than 26 Weeks Continuous Service but Less than One Year
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Pay for Employees with at least 26 weeks continuous service with average earnings above the National Insurance limit for the eight weeks up to and including the adoption date is as follows: • • •
6 weeks at 90% of your average weekly earnings with no upper limit 33 weeks at Standard rate (£123.06 per week), or a rate equal to 90% of your average weekly earnings. You will get whichever rate is lower. 13 weeks unpaid
3.2 Entitlement 1(b) – Contractual Adoption Pay - Employees with 12 Months Continuous Service Employees who have completed twelve month’s continuous service with the PCT or other NHS employer at the end of the 11th week before the date of the child’s placement will be entitled to Contractual Adoption Pay (CAP) as follows: • 8 weeks full pay (includes SAP, where payable). • 18 weeks at half pay (plus SAP at the Standard rate, where payable) • 13 weeks at SAP only (where payable) • 13 weeks unpaid 3.3 Entitlement 1(c) - Deferred Benefits You may have accrued the required service to qualify for Contractual Adoption Pay, but are undecided as to whether you will want to return to work at the end of your Adoption leave. In this situation, it is possible to leave open the decision about whether to return to work until after the adoption of your child. Your right to return to your job will be protected and at this time you can receive adoption pay of: • 6 weeks at 90% of full pay • Plus Statutory Adoption Pay if you are eligible to receive this If you do decide to return to your post at the end of your adoption leave, all outstanding monies, in excess of the 6 weeks already received, will be paid to you in full. 3.4 Entitlement 2 - Adoption Leave without Pay Employees with less than 26 weeks continuous NHS service, at the matching week, whose average earnings do not meet the requirements set out as above but who are intending to return to work, are entitled to take up to a maximum of 26 weeks unpaid leave. Adopters who do not qualify for SAP may qualify for other welfare benefits and should speak to the Department of Work and Pensions. 3.5 Repayment of Contractual Adoption Pay The granting of the Contractual Adoption Pay under this scheme is subject to an overriding requirement that the employee agrees to return to work into the PCT or another NHS organisation for at least 3 months following completion of leave granted under this scheme. If a member of staff who has notified the 20
PCT of their intention to return to work but does not do so, they will be required to repay the difference between CAP and any SAP to which he/she is entitled. If the employee ceases employment with the PCT but commences alternative employment also within the NHS within 12 months of starting the adoption leave period, he/she will not be required to repay the CAP subject to satisfactory evidence of the new employment e.g. letter of confirmation/contract from new employer. 4. Time Off to Attend Adoption Appointments Employees who are taking the lead role in the adoption may take reasonable time off with pay for meetings about adoption arrangements. Staff who take a secondary role will be entitled to a maximum of 2 days paid leave plus up to 3 days unpaid leave for these purposes. Further unpaid leave may be applied for and permission will not be unreasonably refused. The Line Manager must be given reasonable notice of the need for time off and be shown proof of appointments.
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PATERNITY ENTITLEMENTS
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PATERNITY LEAVE 1.1 Eligibility for Paternity Leave and Pay Employees who meet the following criteria will be eligible for paternity leave:
Have worked continuously for the NHS for 26 weeks leading into the fifteenth week before the baby is due; Are the biological father of the child, adoptive father or nominated carer (inclusive of same sex partners).
1.2 Entitlement 2 – Employees with more than 26 weeks service but less that one year Employees who have 26weeks continuous service with the PCT, leading into the fifteenth week before the baby is due, will be eligible for the following paternity leave and pay: •
2 weeks leave at Standard rate (£123.06 per week), or a rate equal to 90% of your average weekly earnings. You will get whichever rate is lower.
Employees can choose to take one or two consecutive whole weeks pay and leave, to be taken in a single block. 1.3 Entitlement 1 – Employees with 12 months continuous service. Employees who have 12 months continuous service with the PCT or another NHS organisation, leading into the fifteenth week before the baby is due, will be eligible for the following paternity leave and pay:
2 weeks leave at full pay
1.4 Entitlement 3 – Employees with less than 26 weeks Employees with less than 26 weeks continuous service leading into the qualifying week will be eligible for unpaid leave. Paternity Leave entitlement is in addition to Parental Leave (as detailed in the PCT’s Special Leave Policy). Paternity Leave can start on any day of the week, on or following the child’s birth. Paternity Leave must be taken within 56 days of the actual birth of the child or, if the child was born early, within the period from the actual date of birth up to 56 days after the expected week of the birth. Only one period of leave will be available irrespective of whether more than one child is born as a result of the same pregnancy. Employees will be required to inform their line manager by the end of the 15th week before the baby is due, of whether they intend to take paternity leave, 23
the date when they wish to take the leave from, how much leave they wish to take, and complete an application for paternity (PAT-LVE1). Evidence by means of a MATB1 form or, in cases of adoption, an original Matching Certificate will be required to support the leave request. Attendance by employees at antenatal appointments is supported when possible, but proof of appointments is required when applying to take time off work. Any time-off granted will be unpaid, although the line manager and employee may agree arrangements locally where lost time can be made up. In exceptional circumstances, an employee may be required to act as a birth partner in place of the spouse/partner. In these circumstances, the employee will be entitled to a reasonable amount of time off work in order to take any action that is necessary to provide assistance on production of a letter of support from the person giving birth. Such time off will be unpaid.
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Appendix 1 Application for Maternity Leave MATLVE-1
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APPLICATION FOR MATERNITY LEAVE & STATUTORY MATERNITY PAY (MATLVE-1) To be completed by the employee and returned to the HR Department as soon as possible after receipt of your MATB1, but not less than 28 days before commencing Maternity Leave. If you require any assistance in completing this form please contact the HR Department Title (Mrs/Miss/Ms/ Dr): …………… Full Name:……………………………..…... Home Address:………………………………………………….……………………. …………………………….……………………….…Post Code …………………… Payroll Number:…………………………………….Ext. No………………………... Job Title:…………………………………………. …Band:.………………………… Directorate:………………………….Department:……………...………………… Base:………………..….……………Manager:……………………………………. Date Continuous NHS Employment Commenced:……………………………….. Date Continuous service with Kirklees PCT Commenced:……………………… Expected Date of Childbirth:.……………………………….………………………. I enclose my certificate (MATB1) giving the expected date of confinement issued by my doctor/midwife? YES / NO Do you intend to return to work following the birth of your baby?
YES / NO
If NO please speak to your Manager about resigning from your post, and sign the declaration at Entitlement 3 overleaf If YES and you meet the service criteria at either (a) and/or (b) below, please sign the declaration for Entitlement 1 If you do not have the required length of service at either (a) or (b) please sign declaration for Entitlement 2 overleaf. Entitlement 1 a) At the 15th week before your baby is due (i.e. the notification week) do you have 26 weeks continuous service with the PCT? YES / NO b) At the 11th week before your Expected Date of Childbirth do you have 1 year’s continuous service with the NHS? YES / NO
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I wish to apply for up to 52 weeks Maternity Leave commencing on Date…….………………….…….. I agree to return to work with the PCT/another employing authority after my Maternity leave for a period of not less than three months. I understand that if I fail to return to the PCT no later than 12 months, or to another employing authority no later than15 months, from the beginning of my Maternity Leave I shall be liable to repay the whole of the Maternity Pay less any SMP to which I have been entitled. Signature:…………………………………………… Date:………….…………… Entitlement 1c I wish to leave my decision on whether or not to return to work until after the birth of my baby. I understand that my right to return to work is protected and hereby agree in the case of Entitlement 1 that: I will not receive maternity pay from the PCT in excess of 6 weeks at 9/10ths I understand that if I return to work all outstanding monies in excess of 6 weeks will be paid to me in full. Signed:…………………………………………………… Date:………………… Entitlement 2 If you do not meet the service requirements for either (a) or (b) under Entitlement 1 I wish to apply for 52 weeks unpaid Maternity Leave commencing on Date…….………………….…….. I agree to return to work with the PCT/another employing authority after my Maternity Leave for a period of not less than three months. Signed:…………………………………………………… Date:………………… Entitlement 3 I wish to resign from my post following Maternity Leave. I understand that my contract will cease on the expiry of my maternity pay (Resignation Letter Attached). Signed:…………………………………………………… Date:…………………
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Appendix 2 Application for Adoption Leave ADPLVE-1
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APLICATION FOR ADOPTION LEAVE & STATUTORY ADOPTION PAY (ADPLVE-1) To be completed by the employee and returned to the HR Department as soon as possible but not less than 28 days before commencing Adoption Leave. If you require any assistance in completing this form please contact the HR Department Title (Mr/Mrs/Miss/Ms/ Dr): …………… Full Name:…………………………….. Home Address:………………………………………………….……………………. …………………………….……………………….…Post Code …………………… Payroll Number:…………………………………….Ext. No………………………... Job Title:…………………………………………. …Band:.………………………… Directorate:………………………….Department:……………...………………… Base:………………..….……………Manager:……………………………………. Date Continuous NHS Employment Commenced:……………………………….. Date Continuous service with Kirklees PCT Commenced:……………………… Expected Date of Placement:……………………………….………………………. I enclose my Matching Certificate?
YES / NO
Do you intend to return to work following adoption leave?
YES / NO
If NO please speak to your Manager about resigning from your post, and sign the declaration at Entitlement 3 overleaf If YES and you meet the service criteria at either (a) and/or (b) below, please sign the declaration for Entitlement 1 If you do not have the required length of service at either (a) or (b) please sign declaration for Entitlement 2 overleaf. Entitlement 1 a. At the 15th week before your baby is due (i.e. the notification week) do you have 26 weeks continuous service with the PCT? YES / NO b. At the 11th week before your Expected Date of Childbirth do you have 1 year’s continuous service with the NHS? YES / NO
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I wish to apply for up to 52 weeks Adoption Leave commencing on Date…….………………….…….. I agree to return to work with the PCT/another employing authority after my Adoption leave for a period of not less than three months. I understand that if I fail to return to the PCT no later than 12 months, or to another employing authority no later than15 months, from the beginning of my Maternity Leave I shall be liable to repay the whole of the Adoption Pay less any SAP to which I have been entitled. Signature:…………………………………………… Date:………….…………… Entitlement 1c I wish to leave my decision on whether or not to return to work until after the adoption of my child. I understand that my right to return to work is protected and hereby agree in the case of Entitlement 1 that: I will not receive adoption pay from the PCT in excess of 6 weeks at 9/10ths I understand that if I return to work all outstanding monies in excess of 6 weeks will be paid to me in full. Signed:…………………………………………………… Date:………………… Entitlement 2 If you do not meet the service requirements for either (a) or (b) under Entitlement 1 I wish to apply for up to 52 weeks unpaid Adoption Leave commencing on Date…….………………….…….. I agree to return to work with the PCT/another employing authority after my Adoption Leave for a period of not less than three months. Signed:…………………………………………………… Date:………………… Entitlement 3 I wish to resign from my post following Adoption Leave. I understand that my contract will cease on the expiry of my maternity pay (Resignation Letter Attached). Signed:…………………………………………………… Date:…………………
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Appendix 3 Application for Paternity Leave PATLVE-1
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APLICATION FOR PATERNITY LEAVE & STATUTORY PATERNITY PAY (PATLVE-1) To be completed by the employee and returned to the HR Department as soon as possible after receipt of your partners MATB1 or Matching Certificate, but not less than 28 days before commencing Paternity Leave. If you require any assistance in completing this form please contact the HR Department Title (Mr/Mrs/Miss/Ms/ Dr): ……… Full Name:……………………………..…... Home Address:………………………………………………….……………………. …………………………….……………………….…Post Code …………………… Payroll Number:…………………………………….Ext. No………………………... Job Title:…………………………………………. …Band:.………………………… Directorate:………………………….Department:……………...………………… Base:………………..….……………Manager:……………………………………. Date Continuous NHS Employment Commenced:……………………………….. Date Continuous service with Kirklees PCT Commenced:……………………… Expected Date of Childbirth/Placement:………………….………………………. I enclose a copy my partners MATB1/Matching Certificate giving the expected date of child birth/child placement? YES / NO I wish to apply for paternity leave and qualify under entitlement: Entitlement 1 Employees with 12 months continuous service
YES (please circle)
Entitlement 2 Employees with more than 26 weeks service but less that one year YES (please circle) Entitlement 3 Employees with less than 26 weeks
YES (please circle)
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I wish to commence my Paternity Leave on Date…….………………….…….. •
I will be taking as one block
•
I will be taking as two blocks
YES (please circle) YES (please circle)
I wish to commence my second block of Paternity Leave on Date…….………………….…….. Signature:…………………………………………… Date:………….……………
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Appendix 4 Useful Information
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Useful Information You can receive a 10% discount on all clothes at Dorothy Perkins by showing your NHS ID card at the till? Have a look at their Maternity wear section for fashionable and affordable clothes. www.nhsdiscounts.co.uk - this website offers lots of discounts for NHS staff. www.thebabycatalogue.com offers 10% to NHS staff, please see the link above to qualify for this offer. Useful websites: www.bbc.co.uk/parenting www.ivillage.co.uk www.babyworld.co.uk www.thebabycentre.co.uk www.motherbliss.co.uk www.nspcc.org.uk www.oneparentfamilies.org.uk www.parentsonline.gov.uk
www.bookstart.co.uk www.daycaretrust.org.uk www.fathersdirect.com www.home-start.org.uk www.nctpregnancyandbabycare.com www.ofsted.gov.uk www.parentlineplus.org.uk www.workingfamilies.org.uk
Useful telephone numbers: Childcare Link – 08000 96 02 96 Child Benefit Enquiry Line – 0845 302 1444 Inland Revenue Tax Credits – 0845 300 3900 NSPCC – 0808 800 5000 One Parent Families – 0800 018 5026 Parentline Plus – 0808 800 2222
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Appendix 5 Child/Adult Care Support South Kirklees & Calderdale
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KEEP IN TOUCH The Child/Adult Care Support Service offers a ‘Keep in Touch’ scheme whereby new and expectant parents can keep in touch with the Trust’s Childcare news. As part of this we offer Maternity Workshops, these are fun, informal sessions where you can learn about your maternity rights and pay, Childcare options and an opportunity to ask any questions you may have. We also offer quarterly Childcare newsletters and baby-sessions. The baby sessions include baby massage and the opportunity to meet other new parents. Once you have completed and returned this form we will write to you in the future offering you the chance to attend the baby massage sessions. If you are interested in our scheme, please could you complete the following details and return it to Child/Adult Care Support Service, Calderdale and Huddersfield NHS Trust, Acre House, 64 Acre Street, Lindley, Huddersfield. HD3 3HE Your Name:
____________________________________
Telephone Number:
____________________________________
Address:
____________________________________ ____________________________________ ____________________________________
Post Code:
____________________________________
Place of work:
____________________________________
Due date:
____________________________________
Date expected to return to work
____________________________________
I am not already booked on the Maternity Workshop and would like to be sent more information on the next available session (Please tick) I would like to know more about the following Childcare provision: HRI Day Nursery
CRH Day Nursery
Day Nurseries in/around the area you live/work (Please list the areas) Childminders in/around the area you live/work (Please list the areas) Other Childcare options Do you have any other needs or questions not raised in this pack? I agree to have my details stored on the Child/Adult Care Support Service database, which is for internal use only. Signed:
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Appendix 6 Child Care and Carers Support North Kirklees
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Childcare and Carers Support Service The Childcare and Carers Support Service team is here to help and support all NHS staff working in the Wakefield and Kirklees district. We can support you by providing information on all aspects of childcare as well as offering support to people with caring responsibilities. As part of this support to new and expectant parents we offer the following information/workshops, with the opportunity to meet other new and prospective parents. Please send me information on the following (please tick) Maternity Workshops include: Information on Maternity leave/pay, working tax credits, vouchers and childcare options Return to Work workshops include; Paediatric resuscitation, breast feeding/weaning, children’s teeth, childcare options Baby Massage: A 4-week course that guides you through a series of massage strokes and holding techniques, a small charge is made for drinks and oils NHS Nurseries: On site nurseries at Pinderfields, Dewsbury, Halifax and Huddersfield Holiday Clubs: Holiday clubs for school age children General Childcare provision (near to home or work) Look at options available near to home or close to work and the different types of childcare available Childcare Vouchers: The Government introduced Tax and National Insurance contribution exemptions on childcare vouchers of currently up to £55.00 per week employees who pay for registered/approved childcare are able to take part in the scheme. Keep in touch: Your details will be kept on our Database and regular newsletters will be sent to you with up to date information about our service and future changes in Maternity Legislation Adult Carers Support: We have close links with the local and National Carers Associations. A Carers Support Group is held regularly across Trust sites. Your Name…………………………………………………………………………………… Address………………………………………………………….......................................... …………………………………………………………………….Postcode………………… Place of work…………………………………………………….EDC…………….. ……… Start date of Maternity Leave..…………………………………………………………. Please return your form to: Childcare and Carers Support Service, Pinderfields General Hospital, Aberford Road, Wakefield, WF1 4DG. Telephone 01924 213177 Email childcare.support@midyorks.nhs.uk
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