HRPOL41 Family Leave Policy and Procedure GROUP WIDE by Provide Community

Family Leave Policy and Procedure

Version: V4

Ratified by: People & Culture Steering Group

Date ratified: 18/06/2024

Job Title of author:

Reviewed by Committee or Expert Group

Equality Impact Assessed by:

1. INTRODUCTION

1.1 Provide recognises the importance of the family unit and is committed to supporting employees to combine their career and family responsibilities. Provide promote ‘family friendly’ policies and will where as far as is reasonably practicable, develop and maintain working arrangements that enable staff to achieve a good work-life balance.

2. POLICY STATEMENT

2.1 This policy sets out the organisations and its employees’ responsibilities in complying with legislation and statutory provisions for the following:

• Maternity Leave

• Adoption Leave

• Fostering

• Foster to adopt

• Shared Parental Leave

• Paternity Leave

• Parental Leave

3. SCOPE AND CONDITIONS OF POLICY

3.1 Provide values the contribution of all its employees and every effort is made to encourage individuals to return to work from family leave, as well as enable those employees with children to balance their work and parental responsibility through the types of leave detailed in this policy.

3.2 Provide also recognises that arrangements for cover during any period of family leave, as well as arrangements for communications during this leave, are important for ensuring smooth transitions at every stage.

3.3 This policy complies with legislative requirements and the NHS Terms and Conditions of Employment as stated within employees’ contracts.

3.4 Except if stated otherwise, this policy applies to employees only. It does not apply to agency workers, contractors, consultants or any self-employed individuals working for the organisation.

3.5 The policy does not form part of your contract of employment, and we reserve the right to amend it at any time.

3.6 Staff will not be subjected to a detriment for taking or seeking to take leave in accordance with this policy.

4. GLOSSARY OF TERMS

• Expected week of Childbirth (EWC) - the week, beginning on a Sunday, in which the doctor or midwife expects your child to be born.

• Qualifying Week - the fifteenth week before the EWC.

• MATB1 - Maternity certificate issued by doctors or registered midwives which verifies the pregnancy, confirms the EWC and confirms the actual date of birth when completed after birth

• Occupational Maternity Pay (OMP) - Maternity Pay paid by the Trust if you have 12 months continuous NHS service

• Statutory Maternity Pay (SMP) - a statutory benefit payable to a woman who takes maternity leave or stops working due to Childbirth, provided she earns at least the lower earnings limit and has at least 26 weeks’ continuous service at the end of the Qualifying Week and is still employed during that week. SMP is payable at two rates: the "earnings-related rate" (90% of her average earnings) for the first six weeks, followed by the "prescribed rate" set by the government for the relevant tax year (or the earnings-related rate if lower). Total SMP entitlement lasts 39 weeks.

• Maternity Allowance (MA) - Paid by Job centre Plus for women who do not qualify for SMP

• Ordinary Maternity Leave (OML) - a period of 26 weeks’ of leave available to all employees, regardless of length of service, who give birth and comply with the notification conditions.

• Additional Maternity Leave (AML) - AML follows immediately after the end of OML and lasts for up to a further 26 weeks, giving a total entitlement of 52 weeks’ statutory maternity leave

• Keeping in Touch days (KIT days) - an employee may work for a maximum of 10 KIT days without bringing their maternity or adoption leave to an end.

• Shared Parental Leave in Touch Days (SPLiT days) - an employee may work up to a maximum of 20 SPLiT days without bringing their shared parental leave to an end.

• Childbirth - The birth of a living child or a still birth after 24 weeks of a pregnancy.

5. MANAGERS RESPONSIBILITIES

5.1 Managers are responsible for directing team members to the Community Platform for a copy of this policy and the associated forms. Relevant support will be given to employees whose first language is not English, or who have a visual impairment or some other disability

5.2 All requests for time off must be considered by the line manager taking into account the organisation’s statutory obligations, as set out in this policy.

5.3 Managers are to remember that in many of the circumstances under this policy they will need to keep the information provided to them in strict confidence, and information will be disclosed only on a “need to know” basis and in consultation with the employee.

6. EMPLOYEES RESPONSIBILITIES

6.1 Employees must make sure that they liaise with the HR Team and follow the correct procedures as detailed within this policy, when requesting time away from work.

7 ANTE-NATAL CARE

7.1 If you are pregnant, you may take reasonable paid time off during working hours to attend ante-natal appointments.

7.2 Ante-natal care is not restricted to medical examinations and can include relaxation classes and parent craft classes advised by a GP, registered midwife, or health visitor.

7.3 Please try to give your line manager as much notice as possible of the ante-natal appointment. We may ask you to provide the following (and complete the form in Appendix 1), unless it is the first appointment:

• a certificate from the doctor, midwife or health visitor stating that you are pregnant; and

• an appointment card or letter.

7.4 You may take unpaid time off to accompany a pregnant woman to an antenatal appointment if you have a “qualifying relationship” with the woman or the child. This means that either:

• you are the baby’s father,

• you are the pregnant woman’s spouse, civil partner of the pregnant woman, or you are living with the woman in an enduring family relationship, and they are not your daughter, granddaughter, sister or niece, or

• you are one of the intended parents in a surrogacy arrangement and expect to obtain a parental order in respect of the child.

7.5 Please give us as much notice of the appointment as possible. You must provide us with a signed statement providing the date and time of the appointment and confirming:

• that you meet one of the eligibility criteria stated in Section 7.5;

• that the purpose of the time off is to accompany the pregnant woman to an antenatal appointment; and

• that the appointment has been made on the advice of a registered medical practitioner, registered midwife or registered nurse.

7.6 You may take time off to accompany a pregnant woman to up to two antenatal appointments in relation to each pregnancy. You must not take more than six and a half hours off for each appointment, including travel and waiting time.

8. MATERNITY LEAVE

8.1 All employees regardless of length of service are entitled to up to 52 weeks’ maternity leave, consisting of 26 weeks’ ordinary maternity leave (“OML”) and a further 26 weeks’ additional maternity leave (“AML”), provided they comply with the notification requirements set out in sections 8.3 and 8.4 below.

Employees do not have to take 52 weeks, but they must take two weeks leave following the date of delivery.

8.2 Still Birth and Neonatal Loss

An employee is entitled to maternity leave if their child is stillborn after 24 weeks of pregnancy or born alive at any stage of pregnancy but does not survive (neonatal loss). If eligible, they will also be entitled to maternity pay (see section 9 below).

8.3 Notification of Pregnancy

Employees should inform their line manager as early as possible of their pregnancy. This is important as there may be health and safety considerations.

8 4 Before the end of the 15th week before the week that you expect to give birth (“Qualifying Week”), or as soon as reasonably practical afterwards, you must tell us:

• that you are pregnant;

• the week, starting on a Sunday, in which your doctor or midwife expects you to give birth (“Expected Week of Childbirth” (EWC)); and

• the date on which you would like to start your maternity leave (“Intended Start Date”).

Please submit the form in Appendix 1 to inform us about your pregnancy. You must provide a certificate from your doctor or midwife (usually a MATB1 form) confirming your EWC.

8 5 An employee is entitled to maternity leave if their child is stillborn after 24 weeks of pregnancy or born alive at any stage of pregnancy but does not survive (neonatal loss). If eligible, they will also be entitled to maternity pay.

8.6

Health and Safety

Once you have notified us of your pregnancy, managers must (in conjunction with the employee and the Head of Health, Safety and Compliance) complete a risk assessment, and identify any preventative and protective measures that we consider we need to take. We will take such steps as necessary to avoid any risks identified affecting your health and safety as a new or expectant mother or that of your baby. This may involve:

• changing your working conditions or hours of work;

• offering you suitable alternative work on terms and conditions that are the same or not substantially less favourable; or

• suspending you from duties, which will be on full pay unless you have unreasonably refused suitable alternative work.

8.7 Starting Maternity Leave

8.7.1 Employees have a right to choose when their maternity leave will start, though it cannot be more than 11 weeks prior to the EWC (unless your child is born prematurely before that date). Employees may work up to the expected date of birth of their baby, should they wish to do so.

Please submit the form in Appendix 2 to inform us of your Intended Start Date.

8.7.2 The employee may postpone your Intended Start Date by informing us in writing at least 28 days before the original Intended Start Date, or if that is not possible, as soon as reasonably practicable You can bring forward the Intended Start Date by informing us at least 28 days before the new start date, or if that is not possible, as soon as reasonably practicable. Any changes should be submitted to the line manager and HR by completing another Request for Maternity Leave Form (Appendix 2).

8.7.3 Your maternity leave will start on the earliest of:

• your Intended Start Date (if notified to us in accordance with this policy);

• the day after any day on which you are absent for a pregnancy-related reason during the 4 weeks before the EWC. In these circumstances you must let us know as soon as possible in writing. Maternity leave period will be automatically triggered unless we agree to delay it; or

• the day after you give birth. If you give birth before the maternity leave was due to start, you must let us know the date of the birth in writing as soon as possible

8.7.4 Shortly before your maternity leave starts, we will discuss with you the arrangements for covering your work and the opportunities for you to remain in contact, should you wish to do so, during your leave.

8.8 Miscarriage

In the event where an employee has a miscarriage (the loss of a pregnancy before 24 weeks), and the employee needs to take time off due to sickness caused by pregnancy loss, this time off will be treated as sickness absence in accordance with our Attendance Management policy provisions.

Sickness absence resulting from pregnancy loss will be recorded separately from other sickness absence and disregarded in any future employment-related decisions.

8.9 Keeping in Touch Days (KIT days)

We may make reasonable contact with the employee from time to time during your maternity leave.

You may ask or be asked to work (including attending training) for up to 10 KIT days during your maternity leave without bringing the maternity leave or SMP to an end. This is not compulsory and must be discussed and agreed with your line manager.

You will be paid at your normal basic rate of pay for time spent working on a KIT day and this will be inclusive of any maternity pay entitlement.

8.10 Returning to Work

Once you have notified us in writing of your Intended Start Date, we shall send you a letter within 28 days to inform you of your Expected Return Date. If your start date has been changed (either because you gave us notice to change it, or because maternity leave started early due to illness or premature childbirth) we shall write to you within 28 days of the start of maternity leave with a revised Expected Return Date.

Shortly before you are due to return to work, we may invite you to have a discussion (whether in person or by telephone) about the arrangements for your return. This may cover:

• updating you on any changes that have occurred during your absence;

• any training needs you might have; and

• any changes to working arrangements (for example, if you have made a request to work part-time

8.11 Redundancies During or After Pregnancy and Maternity Leave

If an employee’s role is affected by a redundancy situation occurring during their leave, we shall write to inform them of any proposals and shall invite the employee to a meeting before any final decision is reached as to redundancies.

If the employee’s role is affected by a redundancy situation and the employee has notified us of their pregnancy, are on maternity leave, or have returned to work from maternity leave and are within an additional protected period of 18 months from the first day of the EWC or actual date of birth (where notified to us), the employee shall be given first refusal on any suitable alternative vacancies that are appropriate to their skills.

9. MATERNITY PAY

9.1 Statutory maternity pay (“SMP”) is payable for up to 39 weeks and accrues from the day on which you commence your OML and thereafter at the end of each complete week of absence. SMP is paid in the same way as normal pay and is subject to deductions of income tax, National Insurance contributions and superannuation where appropriate.

You are still eligible for SMP if you leave employment for any reason after the start of the Qualifying Week (for example, if you resign or are made redundant).

In such cases, if your maternity leave has not already begun, SMP starts to accrue in whichever is the later of:

• the week following the week in which employment ends; or • the 11th week before the EWC.

Eligibility criteria is detailed in the table below:

Eligibility Rate of pay Exceptions Statutory Maternity Pay (SMP)

You are entitled to SMP if:

• you have at least 26 weeks continuous service with the organisation at the end of the Qualifying Week and are still employed by us during that week;

• your average weekly earnings during the eight weeks ending with the Qualifying Week (the “Relevant Period”) are not less than the lower earnings limit set by the government;

• you provide us with a MAT B1 form stating your EWC;

• you give at least 28 days’ notice (or, if that is not possible, as much notice as you can) of your intention to take maternity leave; and

• you are still pregnant 11 weeks before the start of the EWC or have already given birth.

Occupational Maternity Pay (OMP) –for employees on NHS Terms &

If you do not qualify for SMP due to your level of earnings but have at least one year’s continuous service with the organisation (or recognised previous

SMP is calculated as follows:

SMP is paid at the Earnings-Related Rate of 90% of your average weekly earnings (before tax) calculated over the Relevant Period for the first 6 weeks.

SMP is paid at the Prescribed Rate which is set by the government for the relevant tax year, or the Earnings-Related Rate if this is lower for the remaining 33 weeks.

The rate of SMP changes each year, please visit www.gov.uk to find out the current rate.

SMP will stop being payable if you return to work (except where you are simply keeping in touch

If you do not qualify for SMP then you may be eligible for Maternity Allowance. To find out if you qualify and to find a claim pack you will need to contact your local Job Centre Plus or visit www.dwp.gov.uk.

• 8 weeks full pay less SMP

• 18 weeks on half pay

• 26 weeks unpaid leave

You are still entitled to SMP (Maternity Allowance) throughout this period, however this would need to be claimed either via Job Centre or your previous employer

Conditions of Service service with another NHS organisation) by the 11th week before your EWC and you intend to return to work for the organisation for a minimum of three months

OMP plus SMP - for employees on NHS Terms & Conditions of Service

(where the service was accrued). If you require support with claiming this, please speak to your line manager or seek advice from the Human Resources Department.

If you have both 26 weeks continuous service with this organisation by the beginning of the 15th week before the EWC, and at least one year’s continuous service within the NHS at the beginning of the 11th week before the EWC, and you intend to return to work for the organisation or the NHS for a minimum of three months

• 8 weeks full pay

• 18 weeks half pay, plus flat rate SMP (or average weekly earnings, whichever is the lower amount)

• 13 weeks on SMP flat rate

• 13 weeks unpaid

9.2 All the terms and conditions of your employment remain in force during OML and AML, except for the terms relating to pay.

9.3 Working Whilst on Maternity Leave

If at any point after the birth during maternity/adoption leave an employee:

• begins working for a new employer;

• is detained in custody or sent to prison; they must tell HR as soon as possible, so that HR can establish the affect the employee’s maternity pay entitlement.

9.4 Fixed Term Contracts and Maternity Leave/Pay

9.4.1 If an employee is on a fixed-term contract which expires after the 11th week before the expected week of childbirth and if they are eligible for OMP and satisfy the qualifying conditions of OMP, they shall have their contract extended so as to enable them to receive 52 weeks maternity leave.

9 4.2 For those employees who do not meet the eligibility criteria for OMP but do meet the eligibility criteria for SMP, the contract will still expire on its due date. The organisation will still be obliged to pay SMP.

9 4 3 If an employee takes up employment after the birth of their baby, but before the end of 39 weeks, they must inform the organisation so that their SMP payment can be stopped. The SMP will end the day before taking up the new employment

9 4.4 Where an employee’s fixed term contract has ended but they are being paid SMP, they will not be entitled to accrue annual leave for those weeks, since they will no longer be an employee.

9 5 Pension

If you are a member of the pension scheme, we shall make employer pension contributions during OML and any period of paid AML, based on your normal salary, in accordance with the pension scheme rules. Any employee contributions you make will be based on the amount of any maternity pay you are receiving, unless you inform Human Resources that you wish to make up any shortfall.

If an employee should seek further guidance from their Pension provider to understand pension contributions during maternity leave.

9.6 Childcare Vouchers

9.6.1 If an employee is in the Childcare Vouchers Scheme, the childcare vouchers must be provided without the employee sacrificing any of her SMP.

9.6.2 Since October 2018 the childcare vouchers scheme is not available to new joiners and if you leave the childcare voucher scheme to join the government’s new Tax-Free Childcare, you will not be able to re-join the childcare voucher scheme.

9.7 Pregnant while on Maternity Leave

If an employee on maternity leave becomes pregnant again, they are entitled to another 52 weeks’ maternity leave An employee should seek advice from their People Partner regarding leave and any maternity pay entitlements.

10. ADOPTION LEAVE

10.1 Entitlement to Adoption Leave

In adoption cases or fostering for adoption cases, you are entitled to adoption leave if you meet all the following conditions:

• You are adopting a child through a UK adoption agency, or you are a local authority foster parent who has been approved as a prospective adopter.

• The adoption agency or local authority has given you written notice that it has matched you with a child for adoption, or that it will be placing a child with you under a fostering for adoption arrangement and tells you the date the child is expected to be placed into your care (“Expected Placement Date”).

• You have notified the agency that you agree to the child being placed with you on the Expected Placement Date.

10.2 In a surrogacy case, you are entitled to adoption leave if all the following conditions are met:

• A surrogate mother gives birth to a child who is biologically your child, the child of your spouse or partner, or the child of both of you.

• You expect to be given parental responsibility for the child under a parental order from the court. The child must live with you and you must apply for the parental order within six months of the child's birth.

10.3 Only one parent can take adoption leave. If your spouse or partner takes adoption leave with their employer you will not be entitled to adoption leave but you may be entitled to paternity leave and/or shared parental leave.

10.4 The maximum adoption leave entitlement is 52 weeks, consisting of 26 weeks' Ordinary Adoption Leave (“OAL”) and 26 weeks' Additional Adoption Leave (“AAL”).

10.5 Notification Requirements: Adoption Cases

10.5.1 Not more than7 calendar days after the agency or local authority notifies you in writing that it has matched you with a child (or where that is not reasonably practicable, as soon as reasonably practicable), you must give us notice in writing of the Expected Placement Date and your intended start date of leave, by completing the Notification Form in Appendix 1. Once you receive the matching certificate issued from the adoption agency you must provide a copy.

10.5.2 We will then write to you within 28 days to inform you of the date you would be due to return to work (your “Expected Return Date”) assuming you take your full entitlement to adoption leave.

10.6 Notification Requirements: Surrogacy Cases

10.6.1 In a surrogacy case, you must tell us in writing of your intention to take adoption leave and give the expected week of childbirth (“EWC”). You must give this information by the end of the 15th week before the EWC, or if that is not reasonably practicable, as soon as is reasonably practicable.

10.6.2 We will write to you within 28 days of receiving your notification, to confirm your Expected Return Date assuming you take your full entitlement to adoption leave.

10.6.3 When the child is born, you must tell us the date of birth.

10.7 Overseas Adoption

10.7.1 If you are adopting a child from overseas, the requirements set out in this policy are varied as follows:

10.7.2 You must have received notification that the adoption has been approved by the relevant UK authority (“Official Notification”).

10.7.3 You must give us notice in writing of:

• your intention to take adoption leave;

• the date you received Official Notification; and

• the date the child is expected to arrive in Great Britain.

10.7.4 This notice should be given as early as possible but in any case within 28 days of receiving Official Notification (or, if you have less than 26 weeks' employment with us at the date of Official Notification, within 30 weeks of starting employment).

10.7.5 You must also give us at least 28 days' notice in writing of your Intended Start Date. This can be the date the child arrives in Great Britain or a predetermined date no more than 28 days after the child's arrival in Great Britain.

10.7.6 You must also notify us of the actual date the child arrives in Great Britain within 28 days of that date.

10.7.7 We may also ask for a copy of the Official Notification and evidence of the date the child arrived in Great Britain.

10.8 Adoption Appointments

10.8.1 An adoption appointment is an appointment arranged by an adoption agency (or at the agency's request) for you to have contact with a child who is to be placed with you for adoption, or for any other purpose related to the adoption.

10.8 2 You may take time off to attend an adoption appointment once the agency has notified you that a child is to be placed with you for adoption but before the child is actually placed with you.

10.8 3 Where you and your partner are adopting a child, you must decide between you who will be treated as the primary adopter and who will be treated as the secondary adopter for the purposes of time off. You must tell us your decision the first time you request time off for an adoption appointment.

10.8.4 You will usually choose to be the primary adopter if you intend to take adoption leave when the child is placed with you. You would not be able to take paternity leave if you have elected to be the primary adopter.

You will usually choose to be the secondary adopter if you intend to take paternity leave when the child is placed with you, although you may be able to take adoption leave if your partner is not taking it.

If you are adopting on your own or have elected to be the primary adopter, you may take paid time off to attend an adoption appointment on up to five occasions in relation to any particular adoption.

10.8.5 You must not take more than six and a half hours off for each appointment, including travel and waiting time.

10.8.5 Please give us as much notice of the appointment as possible. You must provide your line manager with a signed statement (see Appendix 1) confirming:

• The date and time of the appointment.

• That the appointment has been arranged or requested by the adoption agency.

10.9 Starting Adoption Leave

10.9.1 In adoption or fostering for adoption cases, OAL may start on a predetermined date no more than 14 days before the Expected Placement Date, or on the date the child is placed for adoption, but no later.

10.9.2 If you want to change your Intended Start Date please tell us in writing. You should give us as much notice as you can, but wherever possible you must tell us at least 28 days before the original Intended Start Date (or the new Intended Start Date if you are bringing the date forward). We will then write to you within 28 days to tell you your new Expected Return Date.

10.9.3 In a surrogacy case, OAL will start on the day the child is born, unless you are at work, in which case it will start on the following day. You cannot change the start date.

10.9.4 Shortly before your adoption leave starts we will discuss with you the arrangements for covering your work and the opportunities for you to remain in contact, should you wish to do so, during your leave.

10.10 Adoption Pay

Statutory adoption pay (SAP) is payable for up to 39 weeks, provided you have at least 26 weeks' continuous employment with us ending with the Qualifying Week (the week in which the adoption agency or local authority notified you of a match, or the 15th week before the EWC) and your average earnings are not less than the lower earnings limit set by the government each tax year. The first six weeks' SAP are paid at 90% of your average earnings and the remaining 33 weeks are at a rate set by the government each year.

The OMP provisions of the maternity pay in Section 9 are replaced by Occupational Adoption Pay.

10.11 During Adoption Leave

All the terms and conditions of your employment remain in force during OAL and AAL, except for the terms relating to pay.

10.12 Returning to Work

Notification of return to work is in accordance with Section 13 of this policy.

10 13 Adoption disruption

In an adoption or fostering for adoption case, adoption leave is disrupted if it has started but:

• you are notified that the placement will not take place;

• the child is returned to the adoption agency after placement; or

• the child dies after placement.

In a surrogacy case, adoption leave is disrupted where you do not apply for a parental order within the relevant time, or the court does not grant a parental order and the time limit for appeal or further application has expired, or where the child dies.

In the event of a disruption the employee’s entitlement to adoption leave and pay (if applicable) will continue for a further eight weeks from the end of the week in which disruption occurred, unless your entitlement to leave or pay would have ended earlier in the normal course of events.

10.14 Redundancies During or After Adoption Leave

If your role is affected by a redundancy situation occurring during your adoption leave, we shall write to inform you of any proposals and shall invite you to a meeting before any final decision is reached as to your continued employment.

If your role is affected by a redundancy situation and you are on adoption leave or have returned to work from adoption leave and are within an additional protected period of 18 months from the date the child is placed with you for adoption or the date the child enters Great Britain if adopting from overseas, you shall be given first refusal on any suitable alternative vacancies that are appropriate to your skills.

11. SHARED PARENTAL LEAVE

11.1 What is Shared Parental Leave?

Shared Parental Leave (“SPL”) provides eligible employees who are parents and adopters to take leave flexibly and/or share leave with their partner in the first year of the child’s life or in the first year after a child is placed them for adoption

The amount of leave available is calculated using the mother’s/adopter’s entitlement to Maternity/Adoption Leave, which allows them to take up to 52 weeks leave following the birth of their baby or placement of their child.

Unlike Maternity and Adoption Leave, eligible employees are able to stop and start their Shared Parental Leave and return to work between periods of leave.

11.2 Eligibility for Shared Parental Leave (SPL)

11.2.1 To qualify for SPL a mother or adopter must:

➢ Have a partner.

➢ Be entitled to either Maternity or Adoption Leave, Statutory Maternity or Adoption Pay or Maternity Allowance.

➢ Have curtailed or given notice to reduce their Maternity or Adoption Leave or their Pay/Allowance.

11.2.2 The Father or Partner must:

➢ Be an employee.

➢ Share the primary responsibility for the child with the other parent at the time of the birth or placement for adoption.

➢ Have properly notified their Line Manager of their entitlement and have provided the necessary declarations and evidence.

➢ Meet the ‘Continuity of Employment Test’.

➢ In addition, the Partner must meet the ‘Employment and Earnings Test’.

Continuity of Employment Test Employment and Earning Test

The individual has worked for the same employer for at least 26 weeks at the 25th week of pregnancy or 15 weeks before the placement of the adoptive child and is still working for the same employer at the start of the leave period.

In the 66 weeks leading up to the baby’s expected due date or matching date the person has worked for at least 26 weeks and earned an average of at least £30 a week in any 13 weeks.

11.2.3 On occasions only one parent will meet the eligibility criteria. For example – a self-employed parent will not be entitled to Shared Parental Leave

themselves but they can still pass the employment and earnings test so their partner may still qualify if they are an employee.

11.2.4 If both parents are employees and meet the eligibility criteria then there will be a joint entitlement to Shared Parental Leave. The parents will determine how they divide the leave entitlement once the mother/adopter has decided to curtail their maternity or adoption leave – see Appendix 4

11.3 Shared Parental Leave Provisions

11.3.1 The mother can end their maternity/adoption leave after two weeks and split up to 50 weeks of shared parental leave with partners, anyway they like.

Examples of this are as follows:

➢ both parents take 25 weeks at the same time.

➢ Mum takes 44 weeks; Partner takes the first 6 weeks at the same time.

➢ Mum takes the first 12 weeks, and then Partner takes the remaining 38 weeks.

11.3.2 Shared Parental Leave can start on any day of the week but can only be taken in complete weeks i.e. Tuesday to Monday

11.3.3 SPL can be taken using three separate booking notices to allow parents the opportunity to be flexible with their arrangements.

11.3.4 The leave can also be taken by the partner whilst the mother or adopter is still on Maternity or Adoption Leave provided that they have reduced their entitlement to their Maternity or Adoption Leave.

11.4 Shared Parental Leave Pay

11.4.1 Should a mother or adopter qualify for Statutory Maternity or Adoption Pay or the Maternity Allowance and do not wish to take the full 39 weeks of this pay entitlement, the funds could become available for Shared Parental Pay.

11.4.2 Shared Parental Pay is paid at the same rate as Statutory Maternity or Adoption Pay.

11.4.3 To qualify for Shared Parental Pay the mother or adopter must:

➢ Meet the ‘Continuity of Employment Test’.

➢ Have earned above the ‘Lower Earnings Limit’ leading up to and including the 15th week before the child’s due/matching date.

➢ Still be employed by the same employer at the start of the first period of Shared Parental Leave.

The partner must:

➢ Meet the ‘Employment and Earnings Test’ (see Paragraph 11.2.2).

11.4.4 If the employment of either the partner or the mother/adopter comes to an end while they are still entitled to some Shared Parental Pay then any remaining weeks will usually remain payable unless they start working somewhere else.

11.5 Continuous or Discontinuous Leave (see also Appendix 3)

11.5.1 Shared Parental Leave can either be booked in ‘continuous’ blocks of leave or multiple ‘discontinuous’ blocks of leave.

11.5.2 A continuous block of leave means taking an unbroken period of leave.

11.5.3 A discontinuous block of leave means asking for leave over a set period with breaks in between the leave dates.

11.5.4 Your Line Manager must discuss your leave requests within 14 calendar days of the submission to them.

11.5.5 All employees are encouraged to discuss the options for Shared Parental Leave with their Line Manager as soon as practicably possible to ensure that they are mutually agreeable for the individual and for the organisation. Further guidance is available by contacting the HR Team.

11.6 Informing Us of Your Intention to Take Shared Parental Leave

11.6.1 Provided that you are eligible for Shared Parental Leave, we encourage all employees to inform their Line Managers of their intentions to take Shared Parental Leave as soon as is practicably possible by completing the form at Appendix 5 (Mother) or Appendix 6 (Partner)

11.6.2 As Shared Parental Leave could involve separate organisations across different industries, the organisation will need certain information to ensure that process is being applied appropriately.

11.7 Shared Parental Leave in Touch (SPLiT) Days (see also Section 12)

11.7.1 An employee can work up to 20 days during Shared Parental Leave without bringing the leave period to an end.

These days are optional.

11.7.2 The 20 SPLiT days are in addition to the ten KIT days already available to those on Maternity or Adoption Leave.

11.7.3 An employee will be paid for any SPLIT days when you return to work. The days will be paid at your normal hourly rate minus any Shared Parental Pay you may have received.

11.8 Annual Leave

Whilst on Shared Parental Leave, an employee continues to accrue annual leave.

Please see Section 15 for more information.

11.9 Childcare Vouchers

11.9.1 Childcare Vouchers will continue to be made available to an employee during Shared Parental Leave.

11.9.2 Shared Parental Pay cannot be sacrificed to fund the payment of Childcare Vouchers.

11.9.3 If an employee chooses to continue to take the childcare vouchers whilst in receipt of Shared Parental Pay only or on no pay, the organisation will cover the cost of the vouchers – employees will need to speak with HMRC for more information.

11.10 Surrogate Parents

Intended parents in surrogacy arrangements who use a parental order may qualify for Shared Parent Leave and Pay.

11.11 Redundancies during or after Shared Parental Leave

If your role is affected by a redundancy situation occurring during your leave, we shall write to inform you of any proposals and shall invite you to a meeting before any final decision is reached as to redundancies.

Pregnant employees and those having taken maternity, adoption or shared parental leave (having taken a period of shared parental leave of 6 weeks or more) shall be given first refusal on any suitable alternative vacancies that are appropriate to their skills for a protected period. For pregnant employees this will be from the date they notify us of their pregnancy up until 6 months after their return from maternity leave. For employees returning from maternity, adoption or shared parental leave, the protection applies for 18 months after the expected week of childbirth, the date of placement for adoption, or the date of the child’s birth (depending on their particular circumstances).

12. KEEPING IN TOUCH DURING MATERNITY, ADOPTION OR SHARED PARENTAL LEAVE

12.1 Before an employee goes on leave, they will need to agree with their line manager any voluntary arrangements for keeping in touch during their maternity, adoption or shared parental leave, including.

• any voluntary arrangement that may help an employee keep in touch with developments at work and nearer the time of their return, to help facilitate their return to work.

• keeping their line manager in touch with any developments that may affect their intended date of return.

12.2 KIT/SPLiT days are intended to facilitate a smooth return to work for employees returning from maternity, adoption or shared parental leave.

12.3 An employee may not work during the two weeks of compulsory maternity or adoption leave.

12.4 Work undertaken on a KIT/SPLiT day does not need to be limited to the employee’s normal duties. It can include training to update skills, attend meetings or other work events which enable the employee to keep in touch with the workplace. Any such work must be by agreement and neither the line manager of employee can insist upon it.

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

12.6 Claims for KIT/SPLiT days should be made by the line manager submitting a P3 Staff Change Form stating the date and number of hours worked. The form at Appendix 7 should also be completed.

12.7 For employees on NHS Terms and Conditions, if a KIT/SPLiT day is worked:

• whilst in the full pay period, the line manager will make arrangements to ensure the employee receives a day of paid leave in lieu once the employee has returned to work.

• whilst in the half pay period, the line manager will make arrangements to ensure the employee receives a half day of paid leave in lieu once the employee has returned to work.

12.8 Working for part of any day, will count as one KIT/SPLiT day.

13. RETURNING TO WORK AT THE END OF MATERNITY, ADOPTION OR SHARED PARENTAL LEAVE

13.1 An employee who intends to return to work at the end of their full maternity or adoption leave, or at the end of their shared parental leave, will not be required to give any further notification to their line manager, although if they wish to return early, they must give at least 28 days’ notice.

13.2 An employee is normally entitled to return to their job they held before starting the leave under their original contract.

13.3 On an employee’s return to work from maternity, adoption or shared parental leave, the line manager should complete a P3 Staff Change Form with the date the employee returned to work and email this to Finance for processing. The employee should also complete Appendix 8 of this policy and forward it to the Human Resources Department.

13.4 Returning on Flexible Working Arrangements

If, at the end of their maternity, adoption or shared parental leave an employee wishes to return to work on different hours, a Flexible Working Application (see HRPOL16 Flexible Working Policy & Procedure) should be submitted to their line manager, in good time prior to their return to work.

14. FAILURE TO RETURN TO WORK AT THE END OF MATERNITY, ADOPTION OR SHARED PARENTAL LEAVE

14.1 If an employee who has only received Statutory Maternity, Adoption or Shared Parental Pay or Maternity Allowance has stated they do not intend to return to work following the end of their maternity, adoption or shared parental leave and have provided a resignation letter giving notice of at least that required by their employment contract, they do not need to do anything else.

14.2 An employee will be notified by their line manager of their last day of service with the organisation. Payroll will send their P45 once they have been paid their final salary payment.

14.3 If an employee (employed on NHS Terms and conditions), notifies their line manager of their return to work and fails to do so within:

• 15 months of the beginning of their maternity / adoption leave, or

• Three months of the end of their shared parental leave

They will be liable to refund the whole of their maternity, adoption, or shared parental pay, less any Statutory, Adoption, of Shared Parental Pay, received.

15. ANNUAL LEAVE AND PUBLIC HOLIDAYS (MATERNITY, ADOPTION AND SHARED PARENTAL LEAVE

15.1 Employees on paid and unpaid maternity / adoption / shared parental leave retain their right to the annual leave and public holidays provided in accordance with their contract of employment.

15.2 It is expected that an employee will discuss with their line manager how to plan their annual leave, so that prior to commencing maternity / adoption / shared parental leave, all outstanding annual leave for the current annual leave year (up to 31st March) has been taken.

15.3 Annual leave and public holidays accrued during the period of maternity / adoption / shared parental leave should be taken on the employees return to work, ideally prior to recommencement in the workplace. It is recognised however, that this is subject to the needs of the service and approval by the line manager and, subject to approval bythe line manager, could be taken inpart prior tomaternity / adoption / shared parental leave. They should confirm these arrangements to the Human Resources Team, using the form at Appendix 2

15.4 For the purposes of this policy accrued annual leave is the annual leave accrued during maternity leave / adoption / shared parental leave up to the date of return from maternity / adoption /shared parental leave.

15.5 If a change in hours has been agreed on the employees return from maternity leave, all accrued annual leave at the previous contract hours, should be taken before any such change can be implemented.

16. PATERNITY LEAVE

16.1 This policy reflects changes which take effect in respect of children whose expected week of childbirth begins after 6 April 2024 or whose date of placement for adoption is on or after 6 April 2024.

16.2 Entitlement to Paternity Leave

16.2.1 Paternity leave is available to employees of either sex for the purpose of caring for a child, or supporting the child's other parent, in the following cases:

• On the birth of a child, where either: ➢ you are the biological father and expect to have some responsibility for the child's upbringing; or ➢ the mother is your partner and you expect to have main responsibility with her for the child's upbringing.

• On the birth of a child to a surrogate mother where you are, or your partner is, one of the child's biological parents, and you expect to obtain a parental order giving you and your partner responsibility for the child.

• Where an adoption agency places a child with you and/or your partner for adoption and you expect to have main responsibility (with your partner) for the child's upbringing.

• Where a local authority places a child with you and/or your partner under a fostering for adoption arrangement and you expect to have main responsibility (with your partner) for the child's upbringing.

16.2.2 To qualify for paternity leave, you must have been continuously employed by us for at least 26 weeks ending with the 15th week before the Expected Week of Childbirth (“EWC”) or the week in which you or your partner are notified by the adoption agency or local authority that you or they have been matched with a child.

16.3 Amount of Paternity Leave:

16.3.1 An employee can take up to two weeks' paternity leave when a child is born or placed with you for adoption. They do not have to take Paternity Leave in one single period, it can be two separate periods, but the leave must be booked in blocks of at least one week.

16.3.2 A week of paternity leave is the same duration as an employee’s normal contractual working week.

16.3.3 An employee can take only two weeks' Paternity Leave per pregnancy or adoption, even if more than one child is born as a result of the pregnancy or more than one child is placed under the same adoption arrangement.

16.4 Timing of Paternity Leave

16.4.1 An employee can start their Paternity Leave on the date of the child’s birth or adoption placement, or a later date of your choosing. Leave can be taken any time within 52 weeks of the birth or placement, or within 52 weeks of the first day of the EWC (if the child was born early).

16.4.2 If an employee wishes to take shared parental leave, they must take their Paternity Leave first. An employee cannot take paternity leave if they have already taken a period of shared parental leave in relation to the same child.

16.4 3 If an employee is one of a couple jointly adopting a child, only one employee will be entitled to take Adoption Leave and the other parent may elect to take a period of Paternity Leave, provided that the relevant qualifying conditions are met.

16.4.4 An employee is not entitled to take Paternity Leave if they have taken paid time off to attend an adoption appointment in respect of the same child.

16.5 Notification

16.5.1 If you wish to take paternity leave, you must give us written evidence of your entitlement by the end of the 15th week before the Expected Week of Childbirth (or no more than seven days after the adoption agency notified you of being matched with a child), or as soon as you reasonably can. This notice should state:

either:

• the EWC (and, in surrogacy cases, that you and your partner are parental order parents of the child); or

• the date on which the adopter was notified of having been matched with the child, the Expected Placement Date, and that you wish to receive paternity pay rather than adoption pay in respect of the child; and

• that you are the father of the child, or that you are not the child's father but that your partner is the child's mother or adopter (or, in surrogacy cases, the other parental order parent); and

• that you expect to have the main responsibility (apart from your partner) for the child's upbringing.

16.5.2 To choose a period of paternity leave, you must give us written notice at least 28 days before the chosen start date (or no more than seven days after the adoption agency notifies you of being matched with a child), or as soon as you reasonably can. This notice should state:

• the start date of the leave (which may be either a specified date after the start of the Expected Week of Childbirth or the Expected Placement Date, the actual date of birth or placement, or a specified number of days after birth or placement); and

• the duration of the leave; and

• that the purpose of the leave will be to care for the child or to support your partner.

You must give us written notice of the child's date of birth or placement for adoption as soon as you reasonably can afterwards.

16.5.3 You will still be able to take paternity leave on your chosen dates if your child dies or is stillborn, if an adoption placement is ended, or (in surrogacy cases) if a parental order is not sought within six months of birth or an application for a parental order is refused. If you wish to vary the dates you have chosen for your paternity leave period, please speak to your manager or HR. If you have not already notified us of your chosen dates before one of these events occurs, you may still choose to take paternity leave, but it must be taken within the next eight weeks. You may also be entitled to take parental bereavement leave.

16.6 Changing Leave Dates or Cancelling Leave

You may vary the start date of your paternity leave if you give us written notice at least 28 days before the earlier of the original start date or the new start date (or as soon as you reasonably can). Your notice of variation must confirm that the purpose of the new period of leave is to care for the child or to support your partner.

You can cancel a period of leave by giving us written notice at least 28 days before the start date, or as soon as you reasonably can.

Employees should complete Appendix 9 – Application for Paternity Leave This should be given to the line manager and then forwarded to Human Resources.

16.7 Entitlement to Paternity Pay

Statutory Paternity Pay (SPP)

In this section, Relevant Period means the eightweek period ending with the Qualifying Week which is the 15th week before the Expected Week of SPP is paid at a prescribed rate which is set by the government for the relevant tax year, or at 90% of your average weekly earnings calculated over

Those who earn less than the lower earnings limit for National Insurance Contributions (“NICs”) purposes and who, as a result, has no liability for class 1 NICs

Occupational Paternity Pay (OPP)

(For employees on NHS Terms & Conditions of Service)

Childbirth (“EWC”), or in respect of adoptions –as at the week in which you or your partner were notified of being matched with the child.

If an employee has 12 months continuous service with this organisation (or within the NHS) at the beginning of the week in which the baby is due then they will be entitled to Occupational Paternity Pay.

the Relevant Period if this is lower.

For details of the current prescribed rate, please contact HR

will not qualify for SPP. They may be entitled to other benefits – please see www.dwp.gov.uk for further information.

This is paid for up to two weeks at the rate of full pay.

In order to apply for Occupational Paternity Pay an employee must complete the forms as detailed above.

16.8 Terms and Conditions During Paternity Leave

All the terms and conditions of your employment remain in force during paternity leave, except for the terms relating to pay.

16.9 Returning to Work

16.9.1 An employee who qualifies for paternity leave is normally entitled to return to work after paternity leave to their same job they held before commencing leave.

16.9.2 However, if you have taken paternity leave straight after or straight before a period of parental leave ofmore thanfour weeks, and it is not reasonably practicable for us to allow you to return to the same job, we may give you another suitable and appropriate job on terms and conditions that are not less favourable.

17. PARENTAL LEAVE

17.1 The law recognises and we respect that there will be occasions when working parents wish to take time off work to care for or spend time with their child or children. Employees who meet the criteria set out below are entitled to take up to 18 weeks' parental leave in relation to each child for whom they are responsible.

17.2 To take a period of parental leave in relation to a child, you must:

• have at least one year’s continuous service with this organisation (for colleagues on NHS Terms & Conditions previously recognised continuous service will count);

• have or expect to have responsibility for the child; and

• be taking the leave to spend time with or otherwise care for the child.

17.3 You have responsibility for a child if you:

• are the child's biological mother or father (whether or not you are living with the child);

• are the child's adoptive parent; or

• otherwise have legal parental responsibility for the child, for example, if you are the child's guardian, or a step-parent who has a parental responsibility agreement or parental responsibility order.

17.4 The 18-week entitlement is not employer linked (any parental leave taken while working for another employer counts towards the 18-week entitlement) and so where an employee has taken parental leave in previous or concurrent employment, they must declare the amount taken to this organisation, when making an application.

17.5 You can take parental leave before the child’s eighteenth birthday.

17.6 A maximum of 4 weeks can be taken in any one leave year in relation to each child. A year for this purpose begins on the date when you became entitled to take parental leave in relation to the child in question. Parental leave must be taken in blocks of a whole week or a whole number of weeks, unless the leave is to be taken in respect of a disabled child For the purposes of this policy, a disabled child means a child who is entitled to a disability living allowance, armed forces independence allowance or personal independence payment.

17.7 Parental leave is unpaid. During the period of parental leave, your contractual provisions relating to salary and salary related benefits are temporarily suspended but the period will not count as a break in service for the calculation of continuous service.

17.8 To apply, employees must complete Appendix 10 of this policy – Application for Parental Leave Form The notice requirements are as follows:

• If you wish to take parental leave commencing immediately on the birth of a child, you must give notice of this intention at least 21 days’ before the expected week of childbirth (“EWC”). The notice mist specify the EWC and the dates of leave they wish to start and finish their leave.

• If you wish to take parental leave commencing immediately on the adoption of a child, you should give notice of this intention at least 21 days before the

start of the expected week of placement (“EWP”). If this is not possible, you must give as much notice as you can. The notice must specify the EWP and the duration of the period of leave required.

• In all other circumstances, you must give notice of your intention to take parental leave at least 21 days before you intend the leave to start. The notice must specify the dates on which the period of leave is to begin and end.

17.9 Before you take a period of parental leave under this policy, we may ask to see evidence of:

• your responsibility or expected responsibility for the child, such as a birth certificate, adoption or matching certificate, parental responsibility agreement or court order;

• or the child's date of birth or date of adoption placement

17.10 Applications for parental leave must be submitted to their line manager. Although we will try to accommodate your request for parental leave, we may postpone at your request leave where it would unduly disrupt the organisation. We will discuss alternative dates with you and notify you in writing of the reason for postponement and the new start and end dates, within seven days of receiving your request for parental leave.

17.11 We cannot postpone parental leave if you have requested it to start immediately on the birth or adoption of a child. We cannot postpone parental leave for more than six months or beyond the child's 18th birthday (if sooner).

17.12 The leave must be taken solely to look after the child and must not be used to carry out work for another employer, including bank, agency and NHS Professionals, or for carrying out private practice or work on a self-employed basis.

18. REVIEW

This document will be kept under regular review. Any new statutory provisions affecting this document will automatically take precedence.

19. LINKS TO OTHER POLICIES

• Flexible Working Policy

• Disciplinary Policy and Procedure

• Attendance Management Policy and Procedure

• Special Leave Policy

Appendix 1

Notification of Pregnancy / Adoption Request for time off to attend Ante-natal / Adoption Appointments

Name: Payroll number:

Job Title:

Department:

Manager:

Base:

My baby is due on (date on MATB1) / I am being matched with a child on (Matching certificate):

Please forward the MATB1 or Matching Certificate to the HR Department with this form.

You are entitled to time off to attend ante-natal appointments. You should seek permission from your line manager to attend these appointments and record them below.

Date & Type of Appointment (Antenatal/Adoption)

Number of working hours being requested

Line Managers signature

Appendix 2

Application for Maternity / Adoption Leave

Please discuss this with your line manager before returning it to the HR Department.

Name: Payroll number:

Job Title:

Department:

Manager:

Base:

Maternity leave: Start date: / / End date: / /

My baby is due on (date on MATB1 or matching form)

I wish my maternity / adoption leave to start on I wish to have my maternity / adoption pay paid in instalments. If Yes, please indicate the number of months over which you would like it paid

I confirm that I am aware that should I request my maternity / adoption leave to be paid in instalments that this cannot be changed once my maternity leave has started

Number of annual leave hours to be taken prior to maternity / adoption leave

Last working day

I declare that I intend to return to work after my maternity / adoption leave period

I declare that I am not intending to return to work after my maternity /adoption leave period

Number of annual leave hours to be taken at the end of maternity / adoption leave

Yes / No

Number of Months:

Yes / No

I declare that it is my intention to continue in the employment with Provide for a minimum period of three months following my period of maternity / adoption leave. Should I fail to return for this period, I undertake to repay in full monies paid to me by Provide in excess of my entitlement under statutory regulations. I also agree to repay any annual leave that I have taken in excess of my entitlement.

Yes / No

Employee signature: ________________________________ Date: / /

Line manager name: ________________________________

Line manager signature: ________________________________ Date: / /

Appendix 3

Shared Parental Leave

It is important to discuss your leave requirement with your Line Manager at the earliest opportunity.

Shared Parental Leave is complex and can often seem daunting when first considering this as an option. Your Line Manager or the People Partnering Team will be able to discuss with you the options available when taking your leave.

Paragraph 11.5 of the Policy refers to continuous and discontinuous blocks of leave:

• A continuous block is a period of unbroken leave, for example: this could be a notification for a period of six weeks’ leave, at any point after the baby/child is born/placed with you. Eligible employees have a statutory right to take SPL in this way and the ICB cannot refuse it.

• A discontinuous block describes the circumstance when you ask for a leave over a period of time but with breaks where you will return to work in between the leave periods. For example; you can request four weeks’ SPL, immediately followed by three weeks back at work, followed by a further four weeks’ SPL. This single notice of discontinuous leave must be agreed with your Line Manager before you take it. Remember you are only entitled to three leave requests.

What happens if my leave request is not agreed within 14 days?

If your leave request is not discussed or agreed with you within the designated time period you must take the total amount of leave in the request as one continuous block, starting on a date of your choosing. If you do not choose, the start date of your leave will default to the start date in your original request.

Alternatively, you could withdraw the leave notification. If you choose to withdraw the leave notification it will not count as one of your three notices to book leave.

Appendix 4

Shared Parental Leave – Maternity / Adoption Leave Curtailment Notice

Please discuss this form with your line manager, prior to submission to the HR Department.

Name: Payroll number:

Job Title:

Department:

Manager:

Base:

I wish to bring my [ordinary/additional] maternity / adoption leave [and statutory maternity / adoption pay] to an end to be able to take shared parental leave.

I have also completed a form (Appendix 5) providing a notice of entitlement and intention to take shared parental leave/declaration that my partner has provided a notice of entitlement and intention to take shared parental leave to his/her employer and that I consent to the amount of leave that they intend to take].

I wish to end my [ordinary/additional] maternity / adoption leave on:

I wish my statutory maternity / adoption pay period (if applicable) to end on:

Employee signature: Date: / /

Partner signature: Date: / /

Line Manager signature: Date: / /

Appendix 5

Shared Parental Leave

Notice of Entitlement and Intention (Mother)

Please discuss this form with your line manager before returning it to the HR Department.

Name: Payroll number:

Job Title:

Department:

Line Manager:

My partner’s name is:

Base:

My maternity /adoption leave [started / is expected to start] on:

My maternity / adoption leave [ended / is expected to end] on:

My [child’s expected week of birth/child was born on] / the date of placement (adoption):

The total amount of shared parental leave my partner and I have available is:

I intend to take the following number of weeks’ shared parental leave:

My partner intends to take the following number of weeks’ shared parental leave:

I intend to take shared parental leave on the following dates (please include the start and end dates for each period of leave that you intend to take):

The total amount of shared parental pay (if applicable) my partner and I have available is:

I intend to take the following number of weeks' shared parental pay (if applicable):

My partner intends to take the following number of weeks' shared parental pay (if applicable):

I intend to take shared parental pay on the following dates (if applicable):

EMPLOYEE

DECLARATION TO BE COMPLETED BY THE EMPLOYEE

I [satisfy/will satisfy] the following eligibility requirements to take shared parental leave:

Maternity Leave:

I [have/will have] 12 months’ continuous service at the beginning of the 11th week before the expected week of childbirth.

Adoption Leave:

I [have/will have] 12 months’ continuous service:

• at the beginning of the week in which notification of being matched with a child for adoption; or

• The 15th week before the baby’s due date if applying via a surrogacy arrangement (and intends to apply for a parental order)

At the date of the child's birth/being matched for adoption, I [have/will have] the main responsibility, apart from my partner, for the care of the child.

I am entitled to statutory maternity/adoption leave in respect of the child.

I have complied with the organisation's maternity/adoption leave curtailment requirements/returned to work before the end of my statutory maternity/adoption leave period and will comply with the organisation's shared parental leave notice and evidence requirements.

The information that I have provided is accurate.

Yes / No

Yes / No I will immediately inform the organisation if I cease to care for the child.

Yes / No

DECLARATION TO BE COMPLETED BY EMPLOYEE’S PARTNER

My name is:

My address is:

[My national insurance number is/I do not have a national insurance number]:

I [satisfy/will satisfy] the following eligibility requirements to enable the mother to take shared parental leave:

I have been employed or been a self-employed earner during at least 26 of the 66 weeks immediately preceding the expected week of childbirth.

I have average weekly earnings of at least £30 for any 13 of those 66 weeks.

At the date of the child's birth/date of matching, I [have/will have] the main responsibility, apart from the mother, for the care of the child.

Yes / No

I am the father of the child, or am married to, the civil partner of, or the partner of, the mother.

I consent to the amount of shared parental leave that the mother intends to take.

Yes / No

I consent to your organisation processing the information provided in this form. Yes / No

Employee signature: Date: / /

Partner signature: ________________________________ Date: / /

Line manager signature: ________________________________ Date: / /

Appendix 6

Shared Parental Leave

Notice of Entitlement and Intention (Partner)

Please discuss this form with your line manager before returning it to the HR Department.

Name: Payroll number:

Job Title:

Department:

Manager:

Base:

INFORMATION TO BE PROVIDED BY EMPLOYEE

The mother’s name is:

The mother’s maternity/adoption leave [started/is expected to start] on:

The mother’s maternity/adoption leave [ended/is expected to end] on:

The mother [received/is expected to receive] the following periods of [statutory maternity/adoption pay/ allowance]:

My [child’s expected week of birth/child was born on]:

The date of being matched with a child for adoption:

The total amount of shared parental leave the mother and I have available is:

I intend to take the following number of weeks’ shared parental leave:

The mother intends to take the following number of weeks’ shared parental leave: I intend to take shared parental leave on the following dates (please include the start and end dates for each period of leave that you intend to take):

The total amount of shared parental pay (if applicable) the mother and I have available is:

I intend to take the following number of weeks' shared parental pay (if applicable):

The mother intends to take the following number of weeks' shared parental pay (if applicable): I intend to take shared parental pay on the following dates (if applicable):

DECLARATION TO BE COMPLETED BY THE EMPLOYEE

I declare that I [satisfy/will satisfy] the following eligibility requirements to take shared parental leave: Maternity Leave:

I [have/will have] 12 months’ continuous service at the beginning of the 11th week before the expected week of childbirth.

Adoption Leave:

I [have/will have] 12 months’ continuous service:

• at the beginning of the week in which notification of being matched with a child for adoption; or

• The 15th week before the baby’s due date if applying via a surrogacy arrangement (and intends to apply for a parental order)

At the date of the child's birth/being matched for adoption, I [have/will have] the main responsibility, apart from the mother, for the care of the child.

I will comply with the organisation's shared parental leave notice and evidence requirements.

The information that I have provided is accurate.

I am the father of the child, or am married to, the civil partner of, or the partner of, the mother.

I will immediately inform the organisation if I cease to care for the child or if the child's mother informs me that they have revoked the curtailment of their maternity leave or pay period.

DECLARATION TO BE COMPLETED BY THE MOTHER

Yes / No

My name is:

My address is:

[My national insurance number is/I do not have a national insurance number]:

I [satisfy/will satisfy] the following eligibility requirements to enable my partner to take shared parental leave:

I have been employed or been a self-employed earner during at least 26 of the 66 weeks immediately preceding the expected week of childbirth.

I have average weekly earnings of at least £30 for any 13 of those 66 weeks.

At the date of the child's birth, I [have/will have] the main responsibility, apart from my partner, for the care of the child.

I am entitled to statutory maternity/adoption leave, statutory maternity/adoption pay or allowance in respect of the child.

I have [curtailed my maternity/adoption leave/returned to work before the end of my statutory maternity/adoption leave period].

Yes / No

I consent to the amount of shared parental leave that my partner intends to take.

I will immediately inform my partner if I no longer meet the requirements to curtail my maternity leave (and pay, if applicable).

I consent to your organisation processing the information provided in this form.

Yes / No

Employee signature: Date: / /

Mother signature: Date: / /

Line manager signature: ________________________________ Date: / /

Appendix 7

Keeping in Touch during Maternity, Adoption or Shared Parental Leave Record (KIT / SPLiT Days)

Details of all KIT/SPLiT days worked must be recorded on this form and authorised by your line manager.

Please ensure that you return this form to the Human Resources Department prior to the end of your maternity, adoption, or shared parental leave.

Name: Payroll number:

Job Title:

Appendix 8

Declaration of Return to Work

Please complete this form with your agreed return to work date and send it to your manager at least 8 weeks before your return-to-work date.

If this date is different from the one originally discussed and agreed with your manager, please complete the form with your new dates ensuring you discuss this with your manager and give at least 8 weeks’ notice

Name: Payroll number:

Job Title:

Department:

Manager:

Base:

Maternity/Adoption leave: Start date: / / End date: / /

Date of end of agreed maternity/adoption leave period:

Number of accrued statutory annual leave hours to be taken at the end of maternity/adoption leave:

Date of actual return to work:

Employee signature:

Line manager signature:

Date: / /

Appendix 9

Application for Paternity Leave

Name: Payroll number:

Job Title:

Department:

Manager:

Part A

Base:

Please forward a copy of the MATB1 or matching certificate to the HR Department with this form.

Part B

Please also complete:

• Form SC3 (Birth Parent)

https://www.gov.uk/government/publications/ordinary-statutory-paternity-pay-andleave-becoming-a-birth-parent-sc3

Form SC4 (Adoption / Parental Order Parent)

• https://www.gov.uk/government/publications/ordinary-statutory-paternity-pay-andleave-becoming-an-adoptive-parent-sc4

and return with this Application for Paternity Leave.

I am the father of the child

I am not the child’s father but my partner is the child’s mother or adopter (or in surrogacy cases, the other parental order parent)

I expect to have the main responsibility (apart from my partner) for the child’s upbringing)

My baby is due on (date on MATB1 or matching form):

I wish my paternity leave to start on:

Yes / No

The duration of the leave:

I intend to return to work after my leave on:

The purpose of the leave will be to care for the child or to support my partner Yes / No

Employee signature: ________________________________ Date: / /

Line manager signature: ________________________________ Date: / /

Appendix 10

Application for Parental Leave

Name: Payroll number:

Job Title:

Department:

Manager: Parental Leave

Base:

Requested: Start date: / / End date: / /

Previous Parental Leave Taken:

Signature:

Notes for Employees

1. Please complete this form and send it to your Manager at least 21 days in advance of the date on which you wish to start Parental Leave.

2. Please attach photocopies of documents proving your eligibility to take Parental Leave (e.g. birth certificate, adoption or matching certificate, parental responsibility agreement or court order).

3. Please ensure that you declare any parental leave taken during previous or concurrent employment

Employee signature: Date: / /

Line manager signature: Date: / /

EQUALITY IMPACT ASSESSMENT TEMPLATE:

Stage One: ‘Screening’

Name of project/policy/strategy (hereafter referred to as “initiative”):

Family Leave Policy & Procedure

Provide a brief summary (bullet points) of the aims of the initiative and main activities:

Outlines the policy and procedure for Family Leave within the organisation for all employees who are eligible to maternity, paternity, adoption or shared parental leave.

Project/Policy Manager: Director, People Partnering Date: May 2024

This stage establishes whether a proposed initiative will have an impact from an equality perspective on any particular group of people or community – i.e. on the grounds of race (incl. religion/faith), gender (incl. sexual orientation), age, disability, or whether it is “equality neutral” (i.e. have no effect either positive or negative). In the case of gender, consider whether men and women are affected differently.

Q1. Who will benefit from this initiative? Is there likely to be a positive impact on specific groups/communities (whether or not they are the intended beneficiaries), and if so, how? Or is it clear at this stage that it will be equality “neutral”? i.e. will have no particular effect on any group.

Neutral

Q2. Is there likely to be an adverse impact on one or more minority/under-represented or community groups as a result of this initiative? If so, who may be affected and why? Or is it clear at this stage that it will be equality “neutral”?

Neutral. Eligibility for maternity, paternity, adoption and shared parental leave is determined via length of service. Payment during these periods of leave will be dependent on length of service and contract of employment.

Q3. Is the impact of the initiative – whether positive or negative - significant enough to warrant a more detailed assessment (Stage 2 – see guidance)? If not, will there be monitoring and review to assess the impact over a period time? Briefly (bullet points) give reasons for your answer and any steps you are taking to address particular issues, including any consultation with staff or external groups/agencies.

Impact is positive, no further detailed assessment required.

Guidelines: Things to consider

• Equality impact assessments at Provide take account of relevant equality legislation and include age, (i.e. young and old,); race and ethnicity, gender, disability, religion and faith, and sexual orientation.

• The initiative may have a positive, negative or neutral impact, i.e. have no particular effect on the group/community.

• Where a negative (i.e. adverse) impact is identified, it may be appropriate to make a more detailed EIA (see Stage 2), or, as important, take early action to redress this – e.g. by abandoning or modifying the initiative. NB: If the initiative contravenes equality legislation, it must be abandoned or modified.

• Where an initiative has a positive impact on groups/community relations, the EIA should make this explicit, to enable the outcomes to be monitored over its lifespan.

• Where there is a positive impact on particular groups does this mean there could be an adverse impact on others, and if so can this be justified? - e.g. are there other existing or planned initiatives which redress this?

• It may not be possible to provide detailed answers to some of these questions at the start of the initiative. The EIA may identify a lack of relevant data, and that data-gathering is a specific action required to inform the initiative as it develops, and also to form part of a continuing evaluation and review process.

• It is envisaged that it will be relatively rare for full impact assessments to be carried out at Provide. Usually, where there are particular problems identified in the screening stage, it is envisaged that the approach will be amended at this stage, and/or setting up a monitoring/evaluation system to review a policy’s impact over time.