maternity, paternity, adoption and shared parental leave ... · maternity, paternity, adoption and...

1 Maternity, Paternity, Adoption and Shared Parental Leave Policy and Procedure Version: 3 May 2016

SH HR 62

Maternity, Paternity, Adoption and Shared Parental Leave

Policy and Procedure

Version: 3

Summary:

This Policy and Procedure provides guidelines to staff and managers on the management, eligibility and entitlements for maternity, paternity, adoption and shared parental leave and pay.

Keywords (minimum of 5): (To assist policy search engine)

Maternity, Paternity, Adoption, Shared Parental, Leave, Pay, Risk Assessments, Ordinary Paternity Leave, Additional Paternity Leave, Statutory Pay, Occupational Pay, Contractual Pay.

Target Audience:

All Southern Health NHS Foundation Staff

Next Review Date: May 2020

Approved and ratified by:

Staffside Policy Scrutiny Group Joint Consultative and Negotiating Committee

Date of meeting: 15 December 2015 & 19 April 2016 17 May 2016

Date issued:

May 2016

Author:

HR Best Practice Team

Sponsor:

Sandra Grant – Director of People and Communications


Version Control

Change Record

Date Author Version Page or section Reason for Change

Dec 2014

HR Best Practice Team

2 Throughout Please note this Policy and Procedure was previously the ‘Maternity, Paternity and Adoption Policy and Procedure’ but has been updated to incorporate the new ‘Shared Parental Leave and Pay’ eligibility for staff whose baby is due/child is to be adopted on after 5 April 2015.

Dec 2015

HR Team 3 6.7.1.1.2 Clarify the payment arrangements for KIT days and to ensure KIT days are used with consideration.

Dec 2015

HR Services – Transactional Team Leader

3 6.8 Amended process for reporting return to work, member of staff to notify rather than manager.

Feb 2016

Senior HR Manager

3

2.1 7.9 – 7.16

Scope of Policy limited to employees only Removal of Additional Paternity Leave

Feb 16 Senior HR Manager

3 7.2 Clarification regarding lease car repayment whilst on leave.

May 16 Senior HR Manager

3 Throughout section 9

Amends to SPL section to reflect not always Mother as the primary carer in cases of adoption.

6/11/18 2 Review date extended from May 2019 to 2020

Reviewers/Contributors

Name Position Version Reviewed & Date

HR Team, Staffside Policy Scrutiny Group and Joint Consultative and Negotiating Committee

Version 2, December 2014

HR Team, Staff side Policy Scrutiny Group Version 3, December 2015 – April 2016


CONTENTS

Page

1. Introduction 4 2. Scope 4 3. Definitions 4 4. Roles / responsibilities 4 5. Purpose 6 6. Maternity provisions 6 7. Paternity provisions 12 8. 9.

Adoption provisions Shared parental provisions

14 15

10. Monitoring compliance 25 11. Policy review 25 12. Associated documents 25 13. Supporting references 26

Appendices

A1 Summary of maternity leave notification and process 27 A2 Summary of ordinary paternity leave notification and

process 28

A3 A4

Summary of adoption leave notification and process Summary of shared parental leave notification and process

29 30

A5 Further maternity and post-natal provisions 31 A6 Further paternity provisions 36 A7 Equality Impact Assessment (EqIA) 37


Maternity, Paternity, Adoption and Shared Parental leave Policy and Procedure

1. INTRODUCTION 1.1. Southern Health NHS Foundation Trust (the ‘Trust’) is committed to supporting

prospective parents through all aspects of pregnancy or adoption and throughout the leave period and upon their return to work.

1.2. This Policy sets out the statutory and contractual rights of staff who require maternity,

paternity, adoption and shared parental leave and gives details of the arrangements for maternity, paternity, adoption and shared parental leave and pay.

2. SCOPE 2.1. This policy and its associated procedures will apply to all staff directly employed by the

Trust including Medical and Dental staff. 3. DEFINITIONS 3.1. Expected Week Of Childbirth (EWC) - the date/week (beginning the Sunday and

ending Saturday) in which the baby is due to be born, stated on the MATB1 form. 3.2. MATB1 form - Maternity Certificate which is obtained from the GP or midwife, normally

between the 20th to 25th week of pregnancy, verifying the expected date of the baby’s birth.

4. ROLES AND RESPONSIBILITIES 4.1. Trust 4.1.1. The Trust will comply with all statute and regulations in respect of Maternity, Paternity,

Adoption and the Shared Parental legislation. 4.2. Managers 4.2.1. Line Managers are responsible for:

Ensuring that this Policy and Procedure is applied in a fair and consistent manner;

Advising staff of this Policy and Procedure when appropriate;

Carrying out a health and safety risk assessment once notified of an individual’s pregnancy and for making any necessary changes recommended by Occupational Health;

Giving special consideration to pregnancy-related absence when managing attendance;

Discussing annual leave arrangements with staff prior to them commencing leave;

Allowing staff time off to attend ante-natal appointments (either their own or with a partner) wherever possible;

Maintaining reasonable contact, as agreed, with the member of staff during their leave as appropriate, inclusive of consulting and engaging with any organisational change process.


For reasonably considering a request from an individual to reduce their hours or work flexibly on their return from maternity, adoption or Additional Paternity Leave, in accordance with the Flexible Working Policy and Procedure;

Ensuring HR Services are notified of ‘Keep in Touch (KIT) days via the ‘Variation to Contract’ form;

Ensuring staff return to work within 15 months of the commencement of the maternity/adoption leave period, either to the Trust or to another NHS employer. Should they not return, the manager must inform a Human Resources Advisor.

Ensuring the appropriate leave period is recorded on the E-Roster and is authorised, accordingly.

4.3. Staff 4.3.1. Staff are responsible for:

Notifying their Line Manager of their pregnancy or potential adoption;

Complying with all notification requirements within this Policy and Procedure for maternity, adoption, paternity leave and pay;

Complying with expectant and new mother’s health and safety risk assessments;

Providing all required documentation to their manager and HR Services prior to commencing leave (e.g. MATB1, notification of adoption placement, SC3 to SC5 form for Ordinary Paternity Leave);

Ensuring the appropriate leave period is recorded on the E-Roster;

Providing information relating to antenatal appointments and all other maternity, adoption or paternity documents to their Line Manager at the earliest opportunity to assist with service planning;

Liaise with payroll in relation to any deductions from salary which may need to be reviewed during leave

Discussing annual leave arrangements with their Line Manager prior to commencing leave;

Maintaining reasonable contact as agreed during any period of leave as well as advising their Line Manager at the earliest opportunity should there be a change to their return to work plans;

Providing the correct amount of notice on the return from maternity, paternity or adoption leave by completing and returning the notification of intended return form to ensure also that their pay is reinstated; and

Returning from any leave on the agreed date.

4.4. Human Resources 4.4.1. The Director of People and Communications has delegated responsibility from the

Board to ensure this Policy and associated Procedures is properly implemented and monitored.

4.4.2. The Human Resources Team has a responsibility to ensure that the Policy and

Procedure is followed, fairly and consistently. Their duties will include:

Supporting and advising managers in the application of this policy; and

Supporting and advising staff with regards to eligibility to pay and leave entitlements.

4.4.3. Human Resources (HR) Services specific responsibilities include;

Providing appropriate communications (e.g. confirmation of intended start date and return dates of leave) relating to maternity, paternity and adoption leave and pay;

Notifying the Payroll department of any staff who will be taking maternity, paternity or adoption leave and return from each period of leave.

http://www.porthosp.nhs.uk/Human-Resources-Policies/Flexible%20Working%20Policy.doc


4.5. Trade Unions 4.5.1. Trade Unions will provide members with support and advice in relation to this Policy

and Procedure. 5. PURPOSE 5.1. The purpose of this Policy and Procedure is to provide staff with information about their

entitlements to leave and pay with regards to the birth or adoption of a baby or child. The Policy and Procedure includes information on the qualification requirements for leave and pay in both of these circumstances and provides guidance on the steps staff should take in order to benefit. It also includes detail on support and other issues arising when a member of staff needs to take maternity, paternity, adoption shared parental leave.

6. MATERNITY PROVISIONS 6.1. Maternity leave 6.1.1. All staff, regardless of their length of service, qualify for the statutory entitlement of 52

weeks’ maternity leave. Statutory Maternity Leave is made up of 26 weeks Ordinary Maternity Leave, immediately followed by 26 weeks of Additional Maternity Leave.

6.1.2. Staff must be absent from work on maternity leave for 2 weeks immediately following

the birth of her baby. During this period she may not carry out any form of work, including working from home, bank, agency or private practice.

6.2. Maternity pay and eligibility 6.2.1. Entitlement to maternity pay is based on length of service. For Statutory Maternity Pay

(SMP), this is based on length of service with the Trust at the 15th week before the Expected Week of Childbirth (EWC). For NHS Contractual or Occupational Maternity Pay (OMP), this is based on length of continuous NHS service at the beginning of the 11th week before the EWC.

Entitlement to Maternity Pay is summarised in the table below:

12 months or more continuous NHS

service at the beginning of the 11

th

week before EWC*

26 weeks to 12 months

continuous service with the Trust at the 15

th week before

EWC

Less than 26 weeks continuous service with the Trust at the 15

th week before

EWC

OMP - Full Pay 8 weeks

n/a n/a

OMP - Half Pay plus SMP**

18 weeks n/a n/a

SMP at higher rate (i.e. 90% of full pay)

n/a 6 weeks n/a

SMP at the lower fixed rate***

13 weeks 33 weeks n/a

Unpaid leave 13 weeks

13 weeks 52 weeks

Total paid leave 39 weeks

39 weeks n/a


* Please note, in the specific event an individual has 12 months continuous NHS service but has just started employment with the Trust and has less than 26 weeks continuous service with the Trust at the 15

th week before EWC, the individual would qualify for OMP but not SMP.

** If half pay plus SMP exceeds full pay then only payment up to full pay will be made. Please note SMP is paid at the lower fixed rate.

***SMP at the lower fixed rate is set by the Government. 6.2.2. However, individuals will have no entitlement to SMP and the entitlement is 52

weeks unpaid leave only, if:-

at the 15th week before the EWC, the individual has less than 26 weeks’ continuous service with the Trust. However, in these circumstances the individual may be entitled to receive Maternity Allowance and HR Services will advise on how this allowance may be claimed from the Job Centre Plus/Department of Work and Pensions; or

their average earnings are below the lower earnings limit for the payment of National Insurance contribution for the 8 week reference period (See Section 6.2.6 on ‘Calculation of Maternity Pay).

6.2.3. In addition, to qualify for paid leave under the NHS Contractual/OMP Scheme, the staff

member must return to work for a minimum period of 3 months with the Trust or another NHS employer at the end of the maternity leave period.

6.2.4. By prior agreement with Payroll, OMP may be paid in a different way, for example a

combination of full pay and half pay or a fixed amount spread equally over the paid maternity leave period (i.e. the first 39 weeks). Please note, staff can confirm their payment preference using the ‘Maternity Leave, Pay and Pregnancy Risk Assessment Notification Form’ in the Maternity, Paternity, Adoption and Shared Parental Toolkit.

6.2.5. Staff not returning NHS Employment after maternity, paternity or adoption leave

Further to Section 6.2.3, if a member of staff does not intend to return to the Trust or another NHS employer for a minimum period of 3 months following maternity/paternity/adoption leave, they will be required to resign from their post in accordance with the notice provision outlined in their Contract of Employment. The individual will be entitled to pay equivalent to Statutory Maternity/Paternity/Adoption Pay only (please see the Statutory Maternity Pay schedule (which will also apply to Statutory Adoption Pay), shown on the table in Section 6.2.1.).

6.2.6. Calculation of maternity pay For both types of maternity pay, the actual amount of pay is based on ‘average weekly

earnings’ and will be calculated based on an 8 week reference pay period immediately preceding the 15th week before the EWC.

Please note, if a staff member receives some of their salary as part of a salary sacrifice scheme (e.g. childcare vouchers) the amount of the salary in the salary sacrifice scheme will not be included in the calculation of maternity pay. This reduces the member of staff’s contractual pay on which maternity pay is calculated (see also Appendix 5, Section 7.1).

6.3. Notification requirements 6.3.1. In order to qualify for maternity leave the member of staff must comply with the

following requirements:-


6.3.1.1. The staff member must notify her Line Manager once she is aware of her pregnancy and has been given an Expected Week of Childbirth (EWC). The Line Manager and individual should:-

Complete the ‘Maternity Leave, Pay and Pregnancy Risk Assessment Notification Form’ in the Maternity, Paternity, Adoption and Shared Parental Toolkit;

Attach evidence of eligibility (see Section 6.3.1.2.); and

Return the above documents to HR Services in or before the 15th week before the EWC (or if this is not possible, as soon as is reasonably practicable thereafter).

On the Form, the staff member must provide the following information:-

Her intention to take maternity leave.

The date she wishes to start her maternity leave (for further information see Section 6.5)

Her intended return to work date

That she intends to return to work with the Trust or another NHS Employer for a minimum of three (3) months after her maternity leave period (for further information see Section 6.2.5)

6.3.1.2. Provide evidence of eligibility – by means of the original Maternity Certificate

(MATB1), which is available from either the GP or Midwife from the 21st week of pregnancy.

6.4. Confirming maternity leave and pay 6.4.1. Once the form and evidence for eligibility (see Section 6.3.1.2) are received by HR

Services, they will confirm the start of the staff member’s maternity leave and the date of her return from maternity leave. In addition, they will confirm:

the individual’s paid and unpaid leave entitlements;

the individual’s return date;

the length of any period of accrued annual leave which has been agreed may be taken following the end of the formal maternity leave period (see Appendix 5, Section 5.2);

the need for the individual to give 8 weeks’ notice if she wishes to return to work before the expected return date. This allows for the necessary arrangements for return to work as well as service planning. However the minimum amount of notice that she must provide is 28 days.

6.4.2. HR Services will inform Payroll, who will calculate the maternity paid and unpaid leave

entitlements and Payroll will subsequently confirm this to the member of staff in writing to their home address.

6.4.3. The member of staff must record their maternity leave period on E-Roster. The Line

Manager should ensure the leave period is recorded correctly and authorise accordingly.

6.5. Maternity leave start date 6.5.1. The individual may begin her maternity leave at any time between 11 weeks before the

EWC and the EWC, providing that the required notice (i.e. notice provided in or before the 15th week before the EWC) has been given. The Line Manager must notify HR Services of the date the staff member will be commencing maternity leave (and not the date of any annual leave prior to maternity leave) via the ‘Maternity Leave, Pay and Pregnancy Risk Assessment Notification Form’ to ensure that the correct amount of maternity pay is paid.


6.5.2. Changing the maternity leave start date If the staff member subsequently wants to change the date from which she wishes her

leave to start, she should notify her Line Manager and HR Services at least 28 days beforehand (or, if this is not possible, as soon as is reasonably practicable).

6.6. Health and safety and risk assessment of pregnant/expectant, new and breastfeeding mothers 6.6.1. On being notified of pregnancy, the Line Manager is responsible for undertaking a

compulsory joint risk assessment with the member of staff of her working conditions (see Maternity, Paternity, Adoption and Shared Parental Toolkit for the ‘New and Expectant Mothers: Risk Assessment and Guidance’). The Line Manager must send a copy of the completed risk assessment to Occupational Health. In addition, the Line Manager must provide confirmation that this has been completed to HR Services, using ‘Maternity Leave, Pay and Pregnancy Risk Assessment Notification Form’ in the Maternity, Paternity, Adoption and Shared Parental Toolkit.

6.6.2. Where a risk to health is identified, the Line Manager should make a referral to

Occupational Health for a recommendation on appropriate actions to ensure that an expectant mother and her child are not put at risk. Actions may include:-

Reasonable adjustments to the working arrangements;

Temporary redeployment to suitable alternative work (on the individual’s normal rate of pay); or

Medical exclusion on full pay where no suitable alternative work can be offered. This must be kept under review by the Line Manager, as the pregnancy progresses to

ensure risks are minimal and managed. 6.6.3. These provisions also apply to new mothers who have given birth in the last 6 months

and/or are breastfeeding and it is found that carrying out her normal duties would prevent her from being able to successfully breastfeed her child.

6.7. Support during the transition from pregnancy to maternity leave and return to

work from maternity leave To facilitate the transition from pregnancy to maternity leave and return to work from

maternity leave, the Line Manager and the member of staff should consider the following actions at the following stages:-

6.7.1. Preparing for maternity leave 6.7.1.1 Agreeing a ‘Keeping in Touch’ plan (see Maternity, Paternity, Adoption and Shared

Parental Toolkit). This should include two key elements: 6.7.1.1.1Arrangements for maintaining reasonable contact

The member of staff and the Line Manager should discuss and agree arrangements for keeping in touch during the maternity leave period. This should include any arrangements which the individual may find helpful to keep her in touch with developments at work, and, nearer the time of her return, any arrangements that may facilitate her return to work, such as:

Sending the Staff Bulletin;

Details on changes affecting the Trust, their team or terms and conditions;

Information on training courses and seminars;

Social or departmental events; and

The member of staff keeping the Line Manager in touch with any developments that may affect the intended date of their return to work.


6.7.1.1.2’Keeping in Touch’ days

To facilitate the process of keeping in touch it is important that the Line Manager and the individual discuss arrangements for ‘Keeping in Touch days’ (KIT days) before the individual’s maternity leave commences.

KIT days are intended to facilitate a smooth return to work for women returning from maternity leave and may include training or other activities which enable the employee to keep in touch with the workplace. The Line Manager and Individual must ensure that work assigned during KIT days is appropriate and takes account of the individuals scope of competence at that point in time (i.e. taking account of time out of the workplace/ changes that may have occurred during this time). An individual may work for up to a maximum of 10 KIT days without bringing her maternity leave to an end. Any days of work will not extend the maternity leave period.

The member of staff may not work during the 2 weeks of compulsory maternity leave immediately after the birth of the baby.

The work may be consecutive or not and can include training, attendance at meetings or other activities which enable the individual to keep in touch with the workplace.

KIT days must be arranged by agreement and neither the individual nor the manager can insist upon them.

The member of staff will be paid for the hours worked, less the appropriate maternity leave payment for KIT days worked. To ensure appropriate payment on KIT days, Line Managers should record worked KIT days on the ‘Variation to Contract – Maternity/Adoption’ form.

Working for part of any day will count as 1 KIT day.

Any member of staff who is breastfeeding must have her post risk assessed and appropriate facilities provided (see Section 6.6).

6.7.1.2. Accessing available support – for example:

Support networks - support groups/work colleagues who have also been on maternity leave.

Employee Assistance Programme (EAP), Workplace Options – provides support to staff on wide range of personal, work and work-life issues (Freephone (24 hours a day, 7 days a week) 0800 243458; or Email: [email protected])

6.7.1.3. Developing a handover plan 6.7.1.4. Identifying (and recruiting) maternity cover 6.7.1.5. Considering a ‘Return to Work’ plan (also Section 6.7.3.2) 6.7.2. During maternity leave

To facilitate reasonable contact, the Line Manager and staff member should implement the agreed ‘Keeping in Touch’ plan.

6.7.3 Preparing for return from maternity leave 6.7.3.1. Agree a ‘Return to Work’ plan (see Maternity, Paternity and Adoption Toolkit). As well as discussing key work objectives, and any developments at work, this may

include:-

Agreeing a phased return - using KIT or annual leave days (this will also help trialling childcare support)

mailto:[email protected]


Agreeing a return on flexible working arrangements - if, prior to end of maternity leave, the member of staff wishes to return to work on different hours, the Trust has a duty to facilitate this wherever possible, with the individual returning on different hours in the same job. Any request for flexible working will be managed in accordance with the Trust’s Flexible Working Policy and Procedure

6.7.3.2. Accessing available support and resources relating to childcare/work-life

balance (also see Section 6.7.1.2) - for example

Childcare vouchers- to help with childcare costs the Trust provides staff with the option to subscribe to childcare vouchers (see Appendix 5, Section 7.1).

6.8. Return to work 6.8.1. On returning to work following the maternity leave, the ‘Return to Work’ plan should be

implemented (see Section 6.7.3.2). 6.8.2. Once a member of staff commences her maternity leave, it will be assumed that the

return date from leave will be at the end of the 52 week maternity leave period. If, however, the individual wishes to return to work before the end of the 52 week maternity leave period, she should normally provide her Line Manager with 8 weeks’ notice of date of return in writing. This allows for the necessary arrangements for her return to work as well as for service planning. However, she must provide no less than 28 days contractual notice.

Failure to provide the minimum contractual notice may result in the Trust postponing

the return date to allow a 28 day notice period or until the member of staff original return date (whichever is sooner).

6.8.3. The member of staff has the right to return to her job under her original contract and on

no less favourable terms conditions. Please also see ‘Opportunities for Jobs or Promotion’ in Appendix 5, Section 6.

6.8.4. The staff member must complete the ‘Notification of Return to Work’ form at least 14

days prior to the agreed return to work date and return it to HR Services. This form will be used to inform Payroll of the return and will reinstate full pay. The Transactional HR Team will email the Line Manager to confirm receipt of this form and to advise that unless further instruction is received the employee will be returned to work and full pay reinstated.

6.8.5 Failure to complete this form may result in an underpayment. The form can be located

in the Maternity, Paternity & Adoption Leave Toolkit. Please note, that if the staff member has agreed to take annual leave prior to actually

attending work on her return, the date of return will be classed as the first day of annual leave and this should be given on the form above.

6.9. Failure to return to work 6.9.1. If a member of staff, who has stated that they intend to return to work, fails to return to

the Trust or another NHS employer within 15 months of the beginning of their maternity leave they will be liable to refund the whole of their NHS Contractual/Occupational Maternity Pay, less any Statutory Maternity Pay, received.

6.9.2. In exceptional circumstances where the Trust considers that to enforce this provision

would cause undue hardship or distress the Trust will have the discretion to waive their rights to recovery. However, the member of staff’s Line Manager must discuss this with a Human Resources Advisor.


6.10. Further maternity and post-natal provisions Provisions relating to the following are provided in Appendix 5:-

Pregnancy-related information o Antenatal Care o Sickness Absence o Premature Birth o Still birth o Miscarriage

Post-natal care and breastfeeding mothers o Time off for post-natal care o Health, safety and support for breastfeeding mothers

Parental leave

Professional registration

Contractual information o Annual leave o Annual leave and pay increments o Staff on fixed term contracts or training contracts o Rotational training contracts o Opportunities for jobs or promotion

Benefits and allowances o Childcare voucher scheme o Lease car scheme o Work mobile phones/laptops o Pensions

7. PATERNITY PROVISIONS 7.1. Paternity leave 7.1.1. This entitlement will apply to the following categories of staff:

Biological and adoptive fathers;

Husband or partner of the child’s mother (whether opposite or same sex); and Nominated carers.

7.2. Ordinary Paternity Leave (OPL) 7.2.1. All eligible staff are entitled to 2 weeks’ of OPL for each pregnancy (irrespective of

multiple births).

7.2.3. Staff may take 1 or 2 weeks of the leave as detailed above, however if they choose to take 2 weeks, this must be taken as two consecutive weeks: it cannot be taken as odd days or split weeks.

7.3. Ordinary paternity pay and eligibility

7.3.1. Provided that the member of staff fall into any of the above categories in Section 7.1.1

and have the right amount of qualifying service, they will be entitled to paternity pay as follows:


If a member of staff has 12 months continuous NHS service at the beginning of Expected Week of Childbirth (EWC)/by the ‘matching week’ of the adopted child, they will receive NHS Contractual/Occupational Paternity Pay (which is full pay less any Ordinary Statutory Paternity Pay) for this period of OPL. Full pay will be calculated on the basis of the ‘average weekly earnings’ rules used for calculating maternity pay entitlements (see Section 6.2.6).

If a member of staff has less than 12 months service but more than 26 weeks continuous service with the Trust at the 15h week before the expected week of childbirth or by the ‘matching week’ of the adopted child, they will receive Ordinary Statutory Paternity Pay for this period of OPL in lieu of normal pay;

If a member of staff has less than 26 weeks continuous service with the Trust at the 15h week before the expected week of childbirth or by the ‘matching week’ of the adopted child, this period of OPL will be unpaid.

Please note, regarding adoption, the ‘matching week’ is the week in which the

member of staff was notified of having been matched with the child. 7.3.2. Staff will not be eligible for Statutory Paternity Pay if their average earnings are below

the lower earnings limit for the payment of National Insurance contribution for the 8 week reference period up to and including the 15th week prior to EWC.

7.4. Notification requirements

7.4.1 In order to take the leave, the member of staff must notify their Line Manager. The

Line Manager and individual must:-

Complete the ‘Ordinary Paternity Leave and Pay Notification Form’ in the Maternity, Paternity, Adoption and Shared Parental Toolkit

Complete the associated SC3 – SC5 form (see Section 7.4.1.2) ;

Attach evidence of eligibility (see Section 7.4.1.3); and

Return the above documents to HR Services, at least 28 days before they wish the leave to start (or if this is not possible, as soon as is reasonably practicable thereafter).

7.4.1.1. The information required on the ‘Ordinary Paternity Leave and Pay Notification Form’

includes:-

The date they wish to start OPL (for further information see Section 7.6);

Their intended return to work date; and

That they intend to return to work with the Trust or another NHS Employer for a minimum of three (3) months after their OPL period (for further information and principles for return, see Section 6.2.5).

7.4.1.2. Staff must also complete the relevant HM Revenue and Custom’s (HMRC) form

(available from the Maternity, Paternity, Adoption and Shared Parental Toolkit, HMRC website or gov.uk website):-

Form SC3 – Becoming a parent through the birth of a baby

Form SC4 – Becoming an adoptive parent with a UK adoption

Form SC5 – Becoming parent with an overseas adoption

The relevant SC3-SC5 should then be attached to the ‘Ordinary Paternity Leave and Pay Notification Form’.


7.4.1.3. Evidence of eligibility In addition, the staff member must also provide, either:

Proof of pregnancy: a copy Maternity Certificate (MATB1), which is provided to the mother from either the GP or Midwife; or

Proof of adoption: a copy of an ‘official notification’ (for overseas adoption) or a matching certificate provided by the adoption agency (for UK adoptions).

7.5 Confirming Ordinary Paternity Leave and pay 7.5.1 Once the documents outlined in Section 7.4 are received by HR Services, they will then

confirm the staff member’s OPL start and return date, and paid/unpaid entitlements

.

7.5.2. HR Services will inform Payroll, who will calculate the paternity paid/unpaid leave

entitlements.

7.5.3. The member of staff must record their OPL period on E-Roster. The Line Manager

should ensure the leave period is recorded correctly and authorise accordingly.

7.6. Ordinary Paternity Leave start date 7.6.1. OPL can be taken during the period of 56 days following:-

the first day of the Expected Week of Childbirth; or

the actual birth of the child; or

the placement of the adopted child. 7.6.2 Ordinary Paternity Leave start date and early births If the baby is born early staff can choose to take their leave any time between the

actual date of birth and the end of an 8 week period starting from the Sunday of the week the baby was originally due.

7.7. Changing the paternity leave start date If the staff member subsequently wants to change the date from which they wish their

leave to start, they should notify her Line Manager and HR Services at least 28 days beforehand (if that is not possible, as soon as is reasonably practicable).

7.8. Further Paternity Provisions Provisions relating to the following are provided in Appendix 6:-

Antenatal leave

Childcare voucher scheme 8. ADOPTION PROVISIONS 8.1. There is an entitlement to 52 weeks adoption leave for all staff wishing to adopt a child

who is newly placed for adoption. It will be available to people adopting a child, who will have primary carer responsibilities for that child (hereafter referred as the ‘primary adopter’)

8.2. Where the child is below the age of 18, adoption leave and pay (this includes Statutory

Adoption Pay and the NHS Contractual/Occupational Adoption Pay) will be granted and managed in accordance with the maternity leave and pay provisions as set out in


Section 6 of this Policy and in accordance with Sections 15 and 35 of the Agenda for Change terms and conditions.

8.3. However, please note the following which is specific to adoption leave and pay:- 8.3.1. Adoption pay and eligibility For the purposes of calculating continuous service for an individual’s eligibility for NHS

Contractual/Occupational Adoption Pay and Statutory Adoption Pay, this will be from the individual’s employment start date with the NHS to up to the ‘matching week’, that is the week in which the member of staff is notified of being matched with the child.

8.3.2. Notification requirements

Staff must notify their Line Manager. The Line Manager and individual should complete the ‘Adoption Leave and Pay Notification Form’ available in the Maternity, Paternity, Adoption and Shared Parental Toolkit, and attach evidence of eligibility and return to HR Services, as follows:-

UK adoptions – return of Form and evidence would be required no later than 7 days after the date on which notification of the match with the child was provided by the adoption agency. Evidence of eligibility - would be a copy of the adoption ‘matching certificate’ provided by the adoption agency.

Overseas adoption - return of form and evidence would be required no later than 28 days after the date he/she receives the ‘official notification’. Evidence of eligibility - would be a copy of the ‘official notification’ which is normally from the Secretary of State.

For both UK and Overseas adoption - at least 28 days’ notice is required to be given (or as soon as is reasonably practicable) to the Line Manager and HR Services, of the date on which an individual wishes to start adoption leave.

8.3.3. Adoption leave start date

UK adoption – leave can start on the day the child is placed for adoption or up 14 days earlier.

Overseas adoption – leave can start the day on which the child enters the UK or on a chosen date no later than 28 days after the child enters the UK.

8.3.4. Reasonable time off with pay - should be given to allow staff adopting a child (or children) to attend official meetings in the adoption process. Other time as required may be granted at the manager’s discretion.

8.3.5. If both adoptive parents are employed by the Trust, the period of adoption leave and

pay may be shared as follows. One parent should be identified as the primary adopter and be entitled to the majority of the leave. The partner of the primary adopter may be entitled to paternity leave and pay (see Section 7). Either partner may choose to be identified as the primary adopter.


9. SHARED PARENTAL PROVISIONS Replaced Additional Paternity Leave Entitlement from 5 April 2015

9.1. Overview of Shared Parental Leave (SPL) and Statutory Shared Parental Pay

(ShPP) if: Staff may be entitled to SPL and ShPP if:

their baby is due on or after 5 April 2015

they adopt a child on or after 5 April 2015

Staff can start SPL if:-

they’re eligible (see Section 9.3); and

they or their partner end (‘curtail’) their maternity or adoption leave or pay early (see Section 9.5.1).

The remaining leave will be available as SPL. The remaining pay may be available as ShPP.

Staff have the right to submit a statutory maximum of 3 notifications/ requests specifying leave periods they are intending to take (see Section 9.5.3). SPL must be taken in blocks of at least 1 week. Parents can choose how much of the SPL each of them will take. SPL and ShPP must be taken between the baby’s birth and 1st birthday (or within 1 year of adoption). SSP provisions are complicated; staff and managers are advised to liaise with their HR Advisor to ensure the process is navigated correctly.

9.2. Entitlement

If an employee is eligible and they or their partner end (‘curtail’) maternity or adoption leave and pay (or Maternity Allowance) early, then they can:

take the rest of the 52 weeks of leave (up to a maximum of 50 weeks) as SPL

take the rest of the 39 weeks of pay (up to a maximum of 37 weeks) as ShPP

A mother must take a minimum of 2 weeks’ maternity leave following the birth.

9.3. Shared Parental Leave (SPL) Eligibility For staff to be eligible to take SPL, both parents must meet certain eligibility requirements.

9.3.1. Mother's eligibility for SPL* The mother is eligible for SPL if she:

has at least 26 weeks' continuous employment ending with the 15th week before the EWC and remains in continuous employment with the Trust until the week before any period of SPL that she takes;

has, at the date of the child's birth, the main responsibility, apart from the partner, for the care of the child;

is entitled to Statutory Maternity Leave in respect of the child; and

complies with the relevant maternity leave curtailment requirements (or has returned to work before the end of Statutory Maternity Leave), and SPL notice and evidence requirements.

https://www.gov.uk/shared-parental-leave-and-pay-employer-guide/starting-spl

https://www.gov.uk/shared-parental-leave-and-pay-employer-guide/eligibility

https://www.gov.uk/shared-parental-leave-and-pay-employer-guide/eligibility


In addition, for the mother to be eligible for SPL, the partner must:

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

have average weekly earnings of at least the Maternity Allowance threshold for any 13 of those 66 weeks; and

have, at the date of the child's birth, the main responsibility, apart from the mother, for the care of the child.

*This applies for primary adopters in cases of adoption with specific eligibility criteria as per 8.3.

9.3.2. Partner's eligibility for SPL

The partner is eligible for SPL if he/she:

has at least 26 weeks' continuous employment ending with the 15th week before the EWC and remains in continuous employment with the Trust until the week before any period of SPL that he/she takes;

has, at the date of the child's birth, the main responsibility, apart from the mother (or primary adopter), for the care of the child; and

complies with the relevant SPL notice and evidence requirements.

In addition, for the partner to be eligible for SPL, the mother (or primary adopter) must:

have been employed or been a self-employed earner during at least 26 of the 66 weeks immediately preceding the EWC;

have average weekly earnings of at least the maternity allowance threshold for any 13 of those 66 weeks;

have, at the date of the child's birth, the main responsibility, apart from the partner, for the care of the child;

be entitled to Statutory Maternity Leave, Statutory Maternity Pay or Maternity Allowance in respect of the child; and

comply with the relevant maternity leave or pay curtailment requirements (or have returned to work before the end of statutory maternity leave).

Please note, sometimes only one parent in a couple will be eligible to get SPL and ShPP. This means that they can’t share the leave.

9.4. Eligibility for Statutory Shared Parental Pay (ShPP)

ShPP is available for eligible parents to share between them while on SPL. The number of weeks' ShPP available to the parents will depend on how much statutory maternity/ adoption pay or maternity allowance the mother/ primary adopter has been paid when their maternity/ adoption leave or pay period ends.

Any ShPP due during SPL will be paid at a rate set by the Government for the relevant tax year, or at 90% of the employee's average weekly earnings, if this figure is lower than the Government's set weekly rate.

It is up to the parents as to who is paid the ShPP and how it is apportioned between them. Any attempt to provide false information will be managed in accordance with Section 9.9.

For staff to be eligible for ShPP, one of the following must apply:-


they qualify for Statutory Maternity/ Adoption Pay they qualify for Statutory Paternity Pay and have a partner who qualifies for Statutory Maternity Pay or Maternity Allowance or Statutory Adoption Pay

9.5. Notification requirements for Shared Parental Leave (SPL)

At the earliest opportunity when a member of staff knows about an impending birth, the individual may wish to talk to their Line Manager on the possibility of taking SPL and how this could be accommodated.

The notices that the parents must give to the Trust to be able to take SPL are made up of three elements. They are:

Element 1: a "maternity/ adoption leave curtailment notice" from the mother/ primary adopter setting out when she proposes to end her maternity leave (unless the mother/ primary adopter has already returned to work from maternity/ adoption leave);

Element 2: a "notice of entitlement and intention" from the member of staff giving an initial, non-binding indication of each period of SPL that he/she is requesting; and

Element 3: a "period of leave notice" from the employee setting out the start and end dates of each period of SPL that he/she is requesting.

The minimum statutory notice periods are set out below. However, the earlier staff inform the Trust of his/her intentions, the more likely it is that the Trust will be able to accommodate staff’s wishes, particularly if he/she wants to take periods of discontinuous leave.

Staff are advised that, if they have already decided the pattern of SPL that they would like to take, they can provide more than one type of notice at the same time. For example, the mother could provide a maternity leave curtailment notice, notice of entitlement and intention and period of leave notice at the same time. Similarly, the partner could provide his/her notice of entitlement and intention and period of leave notice at the same time.

9.5.1. Element 1: Mother's/ Primary Adopter notice curtailing Maternity/ Adoption Leave

9.5.1.1. Before the mother/ primary adopter or partner can take SPL, where the mother/ primary adopter is a Trust employee, the mother/ primary adopter must either return to work before the end of her Maternity/ Adoption Leave (by giving the required 8 weeks' notice of planned return) or provide the Trust with a Maternity/ Adoption Leave curtailment notice by completing the Form for a Mother/ Primary Adopter to Curtail their Maternity/ Adoption leave to take SPL in the Maternity, Paternity, Adoption and Shared Parental Toolkit. In the form, the mother/ primary adopter must state the date on which Maternity/ Adoption Leave is to end. That date must be:

after the compulsory maternity leave period, which is the two weeks after birth; at least 8 weeks after the date on which they gave the Maternity/ Adoption Leave

curtailment notice to their Line Manager ; and at least 1 week before what would be the end of the additional Maternity/ Adoption

Leave period.

https://www.gov.uk/employers-maternity-pay-leave/eligibility

https://www.gov.uk/paternity-pay-leave/eligibility

https://www.gov.uk/maternity-allowance/eligibility

https://www.gov.uk/adoption-pay-leave/eligibility


The mother must provide her maternity leave curtailment notice at the same time she provides either her notice of entitlement and intention or a declaration of consent and entitlement signed by the mother confirming that her partner has given his/her employer a notice of entitlement and intention (see Section 9.5.2).

9.5.1.2 Response to mother’s/ primary adopter notice curtailing Maternity/ Adoption Leave

As required, HR/Payroll will confirm to the member of staff the receipt of the notice

curtailing Maternity Leave.

9.5.1.3. Revocation/withdrawal of maternity/ adoption leave curtailment notice

The mother/ primary adopter can withdraw their notice curtailing her maternity/ adoption leave in limited circumstances (by completing the Form to Revoke the Notice Curtailing her Maternity/ Adoption Leave in the Maternity, Paternity, Adoption and Shared Parental Toolkit). The withdrawal of a maternity/ adoption leave curtailment notice can only be given if the mother/ primary adopter has not returned to work. The mother/ primary adopter can withdraw her maternity leave curtailment notice if:

it is discovered that neither the mother/ primary adopter nor the partner are entitled to SPL or ShPP and the mother/ primary adopter withdraws their curtailment notice within 8 weeks of the date on which the notice was given;

the Maternity/ Adoption Leave curtailment notice was given before the birth/ adoption of the child and the mother/ primary adopter withdraws their leave curtailment notice within 6 weeks of the child's birth/ adoption; or

the partner has died.

9.5.2. Element 2: Notice of entitlement and intention 9.5.2.1. The member of staff, whether the mother or the partner, must provide the organisation

with a non-binding notice of entitlement and intention. The individual's notice of entitlement and intention must be provided at least 8 weeks before the start date of the first period of SPL to be taken by the individual, by completing the relevant forms below:

If the staff member is the mother/ primary adopter: They must provide their notice of entitlement and intention by completing the Form for a Mother/ Primary Adopter to Provide a Notice of Entitlement and Intention to take SPL in the Maternity, Paternity, Adoption and Shared Parental Toolkit. Please note, the form requires a declaration signed by the mother/ primary adopter that: o She/ he satisfies, or will satisfy, the eligibility requirements to take SPL; o the information she/he gives in the notice of entitlement and intention is accurate; and o she/he will immediately inform the Trust if she/he ceases to care for the child.

In addition, the mother's/ primary adopter’s notice of entitlement and intention must include a declaration signed by her/his partner:

o specifying the partner's name, address, and national insurance number (or declaring that the partner does not have a national insurance number);

o declaring that the partner satisfies, or will satisfy, the eligibility criteria (see Section 9.3).


o declaring that the partner is the father/ mother of the child, or is married to, the civil partner of, or the partner of, the mother/ primary adopter;

o declaring that the partner consents to the amount of leave that the mother/ primary adopter intends to take; and

o declaring that the partner consents to the mother's/ primary adopter’s employer processing the information in the partner's declaration.

If the member of staff is the partner: They must provide their notice of entitlement and intention by completing the Form for a Partner to Provide a Notice of Entitlement and Intention to take SPL in the Maternity, Paternity, Adoption and Shared Parental Toolkit. Please note, the form requires a declaration signed by the partner that: o he/she satisfies, or will satisfy, the eligibility requirements to take SPL; o the information given by the partner in the notice of entitlement and intention is

accurate; and o he/she will immediately inform the organisation if he/she ceases to care for the

child or if the mother informs him/her that she no longer meets the requirement to have curtailed her maternity leave or pay period.

In addition, the partner's notice of entitlement and intention must include a declaration signed by the mother/ primary adopter: o specifying the mother's/ primary adopter’s name, address, and national

insurance number (or declaring that the mother/ primary adopter does not have a national insurance number);

o declaring that the mother/ primary adopter satisfies, or will satisfy, the eligibility criteria (see Section 9.3) and she/he will notify the partner if she/he no longer qualifies for maternity/ adoption leave, statutory maternity/ adoption pay or maternity allowance;

o declaring that the mother/ primary adopter consents to the amount of leave that the partner intends to take;

o declaring that she/he will immediately inform the employee if she/he no longer meets the requirement to have curtailed her maternity/ adoption leave or pay period; and

o declaring that the mother/ primary adopter consents to the partner's employer processing the information in the mother's/ primary carer’s declaration.

9.5.2.2. Request for further evidence of eligibility The Trust may, within 14 calendar days of receiving a’ notice of entitlement and

intention’ from the member of staff, request: a copy of the child's birth certificate/ adoption certificate (as per 8.3.2) (or, if the child

has not been born, a copy of the birth certificate within 14 days of the birth - if the birth certificate has yet to be issued after this period, a signed declaration stating the date and location of the child's birth will suffice); and

the name and address of the other parent's employer (or a declaration that the other parent has no employer).

The member of staff has 14 calendar days from the date of the request to send the organisation the required information.

9.5.2.3. Response to Shared Parental Leave (SPL) notice of entitlement and intention

HR/Payroll will confirm to the member of staff their SPL entitlement and ShPP, where applicable.


9.5.2.4. Variation or cancellation of notice of entitlement and intention

The member of staff can vary or cancel his/her proposed SPL dates following the submission of a notice of entitlement and intention, provided that he/she provides the Trust with written notice using the Form to Vary a Notice of Entitlement and Intention to take Shared Parental Leave in the Maternity, Paternity, Adoption and Shared Parental Toolkit. Please note; the form requires a declaration signed by the mother/ primary adopter and the partner that they agree to the variation.

Any indication of leave intended to be taken that the member of staff provides in a variation of notice of entitlement and intention is non-binding until he/she provides a period of leave notice in relation to that period of leave. There is no limit on the number of variations of notice of entitlement and intention that the employee can make.

9.5.3. Element 3: Employee's period of leave notice 9.5.3.1. To take a period of SPL, the member of staff must provide the Trust with a written

notice setting out the start and end dates of each period of SPL requested in that notice by completing the Form to Provide a Period-of Leave Notice to take SPL Maternity, Paternity, Adoption and Shared Parental Toolkit.

A period of leave notice must be given not less than 8 weeks before the start date of the first period of SPL requested in the notice. The notice may be given at the same time as a notice of entitlement and intention and can be a request for a continuous period of leave or discontinuous periods of leave (outlined below)

Limit on number of requests for leave – a statutory maximum of 3 requests The member of staff can provide a combined total of up to 3 requests/periods of leave notices or variations of period of leave notices per pregnancy.

Continuous period of SPL If the member of staff submits a period of leave notice requesting one continuous period of leave, he/she will be entitled to take that period of leave. For example, this could be a notification for a period of 6 weeks’ leave.

Discontinuous periods of SPL The member of staff may submit a period of leave notice requesting discontinuous periods of leave. For example, the mother and partner could request a pattern of leave from their respective employers that allows them to alternate childcare responsibilities i.e. for the mother this could involve 4 weeks’ SPL followed by 3 weeks back at work, followed by a further 4 weeks’ SPL.

9.5.3.2. Variation or cancellation of period of leave notice

The member of staff can vary or cancel his/her proposed SPL dates following the submission of a period of leave notice, provided that he/she provides his/her employer with a written notice not less than 8 weeks before any period of leave varied or cancelled by the notice is due to commence, by using the Form to Vary a Period of Notice Leave to take Shared Parental Leave in the Maternity, Paternity, Adoption and Shared Parental Toolkit.

The notice can:


vary the start date or the end date of any period of SPL or cancel a request for leave;

request that a continuous period of leave become discontinuous periods of leave; or

request that discontinuous periods of leave become a continuous period of leave.

9.6. Responding to a SPL notification 9.6.1. Once the member of staff’s line manager receives the leave booking notice, it will be

dealt with as soon as possible, but a response will be provided no later than the 14th calendar day after the leave request was made.

9.6.2. All notices for continuous leave will be agreed and confirmed in writing (using the

Confirmation Letter of SPL Booking). 9.6.3. All requests for discontinuous leave will be carefully considered, weighing up the

potential benefits to the individual and to the Trust against any adverse impact to the service. Each request for discontinuous leave will be considered on a case-by-case basis. Agreeing to one request will not set a precedent or create the right for another employee to be granted a similar pattern of SPL. The member of staff will be informed in writing of the decision as soon as is reasonably practicable, but no later than the 14th calendar day after the leave notification was made. The decision may be as follows:

Request is granted in full – the line manager will confirm this in writing to the individual (see Confirmation Letter of SPL Booking in the Maternity, Paternity, Adoption and Shared Parental Toolkit). The Line Manager must send a copy of the confirmation letter and ‘Variation to Contract Form’ to HR. The member of staff must record the SPL in E-Roster and the Line Manager should check and authorise the SPL, accordingly.

Request requires further discussion on whether the leave can be accommodated: the line manager will arrange a face-to-face or telephone meeting to discuss the request (see Meeting Invite to Discuss SPL Booking in the Maternity, Paternity, Adoption and Shared Parental Toolkit). At the meeting the member of staff may, if they wish, be accompanied by a workplace colleague or Trade Union representative.

The purpose of the meeting is to discuss how the leave proposal could be agreed, whether a modified arrangement would be agreeable to the individual and the Trust, and what the outcome may be if no agreement is reached. The meeting outcome may be as follows:

o Request is granted in full or in part – the line manager will confirm this in

writing to the individual (see Confirmation Letter of SPL Booking in the Maternity, Paternity, Adoption and Shared Parental Toolkit).

The Line Manager must send a copy of the confirmation letter and ‘Variation to Contract Form’ to HR. The member of staff must record the SPL in E-Roster and the Line Manager should check and authorise the SPL, accordingly.


o Request is refused - the line manager will confirm this in writing to the individual (see Refusal Letter of a Discontinuous Share Parental Leave Booking Request In the Maternity, Paternity, Adoption and Shared Parental Toolkit).

If a discontinuous leave pattern is refused then the member of staff may:-

withdraw the request without detriment on or before the 15th day after they submitted their notification. A notice for discontinuous leave that has been withdrawn before it is agreed does not count towards the total number of requests for leave that an employee can make; or

take the total number of weeks in the notice in a single continuous block. If the member of staff chooses to take the leave in a single continuous block, the individual has until the 19th day from the date the original notification was given to choose when they want the leave period to begin. The leave cannot start sooner than 8 weeks from the date the original notification was submitted. If the individual does not choose a start date then the leave will begin on the first leave date requested in the original notification.

9.7. Contact during SPL

The member of staff and Line Manager should agree a ‘Keeping in Touch’ Plan (see 6.7.1.1).

9.7.1 SPL in Touch (SPLIT) days

An individual can agree to work for the organisation (or attend training) for up to 20 days during SPL without bringing their period of SPL to an end or impacting on their right to claim ShPP for that week. These are known as "Shared Parental Leave In Touch" or "SPLIT" days. Any work carried out on a day or part of a day shall constitute a day's work for these purposes. An employee, with the agreement of the organisation, may use SPLIT days to work part of a week during SPL. The organisation and the employee may use SPLIT days to effect a gradual return to work by the employee towards the end of a long period of SPL or to trial a possible flexible working pattern.

The principle which applies to “Keep in Touch” (KIT) days which are already available to those on maternity or adoption leave (see Section 6.7.1.1.2), also applies to SPIT days.

Please note, SPLIT days are in addition to the 10 KIT days.

9.8. Returning to work after SPL 9.8.1. Support during the transition from SPL and return to work from SPL.

The support and actions outlined for maternity, Sections 6.7 should be applied to support the individual who will be taking SPL

9.8.2. Return to work 9.8.2.1. On returning to work following the SPL, the ‘Return to Work’ plan should be

implemented (see Section 6.7.3.1).


The member of staff will have been formally advised in writing (see Confirmation Letter of SPL Booking in the Maternity, Paternity, Adoption and Shared Parental Toolkit)) by their line manager of the end date of any period of SPL. The member of staff is expected to return on the next working day after this date, unless they notify their line manager otherwise. If they are unable to attend work due to sickness or injury, the Trust’ normal arrangements for sickness absence will apply. In any other case, late return without prior authorisation will be treated as unauthorised absence.

9.8.2.2. If the member of staff wishes to return to work earlier than the expected return

date, they may provide a written notice to vary the leave and must give the organisation at least 8 weeks’ notice of their date of early return (using the Form to Vary a Period of Notice Leave to take SPL in the Maternity, Paternity, Adoption and Shared Parental Toolkit.). This will count as one of the member of staff’s notifications. If they have already used their 3 notifications to book and/or vary leave then the Trust does not have to accept the notice to return early but may do if it is considered to be reasonably practicable to do so.

9.8.2.3. On returning to work after SPL, the member of staff is entitled to return to the same job if the individual’s aggregate total statutory maternity/ paternity/ adoption leave and SPL amounts to 26 weeks or less, he or she will return to the same job. The same job is the one they occupied immediately before commencing maternity/paternity/adoption leave and the most recent period of SPL, on the same terms and conditions of employment as if they had not been absent. If their maternity/paternity/adoption leave and SPL amounts to 26 weeks or more in aggregate, the member of staff is entitled to return to the same job they held before commencing the last period of leave or, if this is not reasonably practicable, to another job which is both suitable and appropriate and on terms and conditions no less favourable. If the member of staff also takes a period of unpaid parental leave (see the Trust’s Special Leave Policy and Procedure) of 4 weeks or less this will have no effect on the individual’s right to return and they will still be entitled to return to the same job as they occupied before taking the last period of leave if the aggregate weeks of maternity/paternity/adoption and SPL do not exceed 26 weeks. If a parent takes a period of 5 weeks of unpaid parental leave, even if the total aggregate weeks of maternity/paternity/adoption and SPL do not exceed 26 weeks, the employee will be entitled to return to the same job they held before commencing the last period of leave or, if this is not reasonably practicable, to another job which is suitable and appropriate and on terms and conditions no less favourable.

9.9. Fraudulent claims

The Trust can, where there is a suspicion that fraudulent information may have been provided or where the Trust has been informed by the HMRC that a fraudulent claim was made, investigate the matter further in accordance with the Trust’s usual investigation and disciplinary procedures.

9.10. Further Shared Parental Leave Provisions 9.10.1. Provisions relating to the following are provided in Appendix 5:-

Parental leave

Professional registration


Contractual information o Annual leave and pay increments

Benefits and allowances o Childcare voucher scheme o Lease car scheme o Work mobile phones/laptops o Pensions

9.10.2. Shared Parental Leave (SPL) and Annual leave Annual leave will continue to accrue during SPL and will include bank holidays.

In line with the Trust’s Annual Leave Policy and Procedure, where leave is unable to be

taken in the current leave year, the normal carry over provisions of a maximum of five working days (or pro rata if part time) will apply.

10. MONITORING COMPLIANCE

10.1. Human Resources (HR) will monitor the application of the policy and procedure through feedback from staff and managers. HR will use the information to monitor the implementation of the policy and management of cases.

10.2. Feedback, legislature and changes to terms and conditions will be used to inform and improve policies, as well as provide recommendations for improving working practices. HR will provide relevant reports, based on this data, to the Strategic Workforce Committee (SWC), Executive Board and the Joint Consultative and Negotiating Committee (JCNC) as required.

11. POLICY REVIEW 11.1. The policy and procedures contained within these documents will be in place for three

years following approval of a review and amendments. An earlier review can take place should exceptional circumstances arise resulting from this policy; in whole or in part, being insufficient for the purpose and/or if there are legislative changes.

12. ASSOCIATED DOCUMENTS

Managing Sickness Absence Policy and Procedure

Flexible Working Policy and Procedure

Organisational Change Policy and Procedure

Special Leave Policy and Procedure

Agenda for Change Terms and Conditions of Service Handbook

Employment Rights Act 1996

Equality Act 2010

Child and Families Act 2014

Additional Paternity Leave Regulations 2010

Additional Statutory Paternity Pay (General) Regulations 2010


Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations 2014

Maternity and Parental Leave etc Regulations 1999 – and subsequent amendments

Shared Parental Leave Regulations 2014

Shared Parental Pay (General) Regulations 2014

Working Time Regulations 1998 – and subsequent amendments

13. SUPPORTING REFERENCES

www.gov.uk – Gov.uk is a Government online resource which provides Government information on statutory maternity, adoption and paternity rights.

www.hmrc.gov.uk – HM Revenue & Customs are the UK’s Tax Authority and provides the necessary forms to enable payment of statutory maternity, adoption and paternity pay.

http://www.gov.uk/

http://www.hmrc.gov.uk/


Appendix 1

Summary of Maternity Leave Notification and Process

Notification of pregnancy:-

1. SM notifies LM. 2. LM and SM complete ‘Maternity Leave, Pay and Pregnancy Risk Assessment Notification Form’ 3. Return Form with MATB1 certificate to HR Services, in or before the 15

th week before the

Expected Week of Childbirth (EWC).

Health & Safety Risk Assessment of the expectant mother:-

1. Responsibility of the LM. 2. LM & SM to jointly complete 3. If risks identified:-

3a. LM refers SM to Occupational Health. 3b.Actions implemented, as required. 3c.LM monitors & review actions

Completion of Risk Assessment and implementation of appropriate actions confirmed by the LM & SM on the

‘Maternity Leave, Pay and Pregnancy Risk Assessment Form’

Confirmation of maternity leave and pay sent

from HR Services and Payroll. Notification of Intended Return from Leave form sent to employee.

Preparation for maternity leave:

Agree ‘Keeping in Touch’ plan to maintain

reasonable contact with the option of up to paid 10 Keeping in Touch’ (KIT) days.

Access available support

Develop a handover plan

Identify (and recruit) maternity cover

Consider a ‘Return to Work’ plan

Maternity leave start date: At any time between 11 weeks before the EWC and the EWC, provided the required notice given

(i.e. notice provided in or before the 15th

week before the EWC)

Changing the maternity leave start date: SM must notify

their LM and HR Services, giving at least 28 days’ notice

During maternity leave:

To facilitate reasonable contact, SM & LM to implement the agreed ‘Keeping in Touch’ plan.

If SM participates in KIT days, LM must complete ‘Variation to Contract’ form to ensure payment

Preparing for return from maternity leave:

Agree ‘Return to Work’ plan

Access available support and resources relating to childcare/work-life balance.

Return Notification of Intended Return from Leave form completed and returned to HR Services

Return to work:

Implement ‘Return to Work’ plan

To ensure HR Services have been informed of return to work by completing ‘Notification of Return to Work’ form. This is done by staff

member.

Changing the maternity return date: SM should normally provide LM with 8 weeks’ notice to allow for arrangements

for SM’s return to work and service planning. However, no less than 28 days’ notice must be provided

Key: SM – Staff Member LM – Line Manager

Health & Safety Risk Assessment of the new mother (if given birth in last 6 month)/breastfeeding mother for KIT

days & Return to Wok:-

1. Responsibility of the LM. 2. LM & SM to jointly complete 3. If risks identified:-

3a. LM refers SM to Occupational Health. 3b.Actions implemented, as required. 3c.LM monitors & review actions


Appendix 2

Summary of Ordinary Paternity Leave (OPL) Notification and Process

Notification of wish to take OPL 1. SM notifies LM. 2. LM and SM complete ‘Ordinary Paternity Leave and Pay Notification Form’:- 2a. SM can opt to take a minimum of 1 week or the maximum of 2 weeks. 3. Return Form to HR Services with attachments:- 3a. Evidence of eligibility (copy of MATB1 certificate OR adoption matching certificate (UK adoption) OR official notification (overseas adoption) 3b. Relevant HMRC form on ‘becoming a parent/adoptive parent (Form SC3 or SC4 or SC5) 4. Form and attachments to be returned at least 28 days before SM wishes the paternity leave to start.

Confirmation of OPL and pay sent from HR Services and Payroll.

OPL start date: OPL must be taken during the period of 56 days following:- -the first day of the Expected Week of Childbirth; or -the actual birth of the child; or -the placement of the adopted child.

Changing the OPL start date: individual must notify their LM and HR Services, giving

at least 28 days’ notice



Appendix 3

Summary of Adoption Leave Notification and Process

Notification of wish to take adoption leave:-

1. SM notifies LM. 2. LM and SM complete ‘Adoption and Leave Notification Form’.

3. Return Form and attach evidence for eligibility, to HR Services, as follows:-

-UK adoptions – return Form no later than 7 days after the date on which notification of the match with the child was provided by the adoption agency. Evidence for eligibility: copy of the adoption ‘matching certificate’.

-Overseas adoption - return Form no later than 28 days after the date he/she receives the ‘official notification’. Evidence for eligibility: copy of the ‘official notification’

4. For both UK and Overseas adoption - at least 28 days’ notice is required to be given(or as soon as is

reasonably practicable) to the Line Manager and Recruitment team, of the date on which an individual wishes to start adoption leave.

Confirmation of adoption leave and pay sent from

HR Services and Payroll.

Preparation for adoption leave:

Agree ‘Keeping in Touch’ plan to maintain

reasonable contact with the option of up to paid 10 Keeping in Touch’ (KIT) days.

Access available support

Develop a handover plan

Identify (and recruit) adoption cover

Consider a ‘Return to Work’ plan

Adoption leave start date: •UK adoption – up to 14 days prior or the day the child is placed for adoption.•Overseas adoption –

leave can start the day on which the child enters the UK or on a chosen date no later than 28 days after the child enters the UK.

Changing the adoption leave start date: SM must notify

their LM and HR Services, giving at least 28 days’ notice

During adoption leave:

To facilitate reasonable contact, SM & LM to implement the agreed ‘Keeping in Touch’ plan.

If SM participate in KIT days, LM must complete ‘Variation to Contract’ form to ensure payment

Preparing for return from adoption leave:

Agree ‘Return to Work’ plan


Return to work:

Implement ‘Return to Work’ plan

To ensure SM’s normal salary is resumed, employee must complete the ‘Notification of Return to Work’ form.

Changing the adoption return date: SM should normally provide LM with 8 weeks’ notice to allow for arrangements

for SM’s return to work and service planning. However, no less than 28 days’ notice must be provided



Appendix 4

Summary of Shared Parental Leave (SPL) Notification and Process

1. Informal discussion of the wish to take SPL- SM may wish to

discuss this with their LM at the earliest opportunity when the SM knows of the impending birth and how SPL can be accommodated.

2. The formal notices that the parents/SM must give to the Trust to be

able to take SPL are made up of three elements. They are:

Element 1: a "maternity leave curtailment notice" from the mother

setting out when she proposes to end her maternity leave (unless the mother has already returned to work from maternity leave) (using the Form for a Mother to Curtail her Maternity to take SPL)

Element 2: a "notice of entitlement and intention" from the

member of staff giving an initial, non-binding indication of each period of SPL that he/she is requesting (using the Form for a Mother/Partner to Provide a Notice of Entitlement and Intention to take SPL).

The Trust requests further evidence of eligibility within 14 days of receiving the ‘notice of entitlement and

intention’. SM must send the required evidence within 14 days.

HR/Payroll will confirm to the SM their SPL entitlement, pay and maternity curtailment , where applicable.

Preparation for SPL: Agree ‘Keeping in Touch’ plan to maintain reasonable contact with the option of up to paid 20 Shared Parental Leave in Touch’ (SPLIT) days; access available support; develop a handover plan; identify (and recruit) cover; consider a ‘Return to Work’ plan

SPL start date: SPL must be taken between the baby’s birth and 1st birthday (or within 1 year of adoption).

During SPL: To facilitate reasonable contact, SM & LM to implement the agreed ‘Keeping in Touch’ plan.

If SM participate in SPLIT days, LM must complete ‘Variation to Contract’ form to ensure payment

Preparing for return from SPL: Agree ‘Return to Work’ plan


Return to work: Implement ‘Return to Work’ plan

To ensure SM’s normal salary is resumed, employee must complete the ‘Notification of Return to Work’ form

Changing the SPL return date: SM should normally provide LM with 8 weeks’ notice to allow for arrangements for SM’s return to work and service planning.


Element 3: a "period of leave notice" from the employee setting out the start and end dates of each period of SPL that he/she is requesting (using the Form to Provide a Period of Leave Notice to take SPL). Please note:

o At least 8 weeks is needed before the start date of the first period of SPL. o There is a statutory limit of 3 requests. o Continuous and discontinuous periods may be requested

Responding to a SPL notification LM has 14 days to respond. Possible outcomes are:-

All continuous leave will be agreed in writing (using Confirmation Letter of SPL Booking)

All discontinuous leave requests will be carefully considered. Decision maybe: o request is granted in full (LM confirms using Confirmation Letter of SPL Booking) o request requires further discussion & LM sends Meeting Invite to Discuss SPL Booking. Outcome of meeting: -request is granted in full (LM confirms using Confirmation Letter of SPL Booking) -request is refused (LM confirms using Refusal Letter of a Discontinuous SPL Booking Request)

If discontinuous SPL is refused then SM may:-

withdraw the request without detriment on or before the 15th day after they submitted their notification (then this does not count towards the total number of requests); or

take the total number of weeks in the notice in a single continuous block. If the member of staff chooses to do this, the SM has until the 19th day from the date the original notification was given to choose when they want the leave period to begin. The leave cannot start sooner than 8 weeks from the date the original notification was submitted. If the individual does not choose a start date then the leave will begin on the first leave date requested

in the original notification.

Mother can revoke notice to curtail maternity leave, in limited circumstances using relevant

form

SM may vary or cancel SPL notice of entitlement and intention using the relevant form

SM may vary or cancel SPL period of leave notice using the relevant

form, giving at least 8 weeks’ notice.


Appendix 5

Further Maternity and Post-natal Provisions

Please note the provisions outlined in Sections 3 to 7 (except 5.4 and 5.5) will apply to individuals who have taken Adoption Leave and Shared Parental Leave.

1. Pregnancy-related information 1.1. Antenatal care Staff are entitled to paid time off for antenatal care. This may include appointments with the GP or midwife, hospital appointments, parent-craft and relaxation classes. The Line Manager may request written confirmation of all but the first appointment, and staff are asked to try to arrange absences to minimise disruption to service provision where possible, including booking appointments out of working time whenever possible. 1.2. Sickness absence

If a member of staff is absent up to 4 weeks before the Expected Week of Childbirth (EWC), and the absence is supported by a medical statement, or a self-certificate, this sickness will be treated in the usual way under the Trust’s Managing Sickness Policy and Procedure.

If a member of staff is off work ill, or becomes ill, with a pregnancy-related illness during the last four weeks before the expected week of childbirth, maternity leave will normally commence at the beginning of the 4th week before the EWC or the beginning of the next week after the member of staff last worked, whichever is the later.

In the event of illness following the date the member of staff was due to return to work normal sick leave provisions will apply.

1.3. Premature birth

Should a premature birth occur the member of staff is still entitled to the same amount of maternity leave and pay as if her baby was born at full term.

Where an individual’s baby is born before the 11th week before the EWC and the member of staff has worked during the actual week of childbirth, maternity leave will start on the first day of the individual’s absence.

Where an individual’s baby is born before the 11th week before the EWC and the member of staff has been absent from work on certified sickness absence during the actual week of childbirth, maternity leave will start the day after the day of birth.

Where an individual’s baby is born before the 11th week before the EWC and the baby is in hospital the member of staff may split her maternity leave entitlements, taking a minimum period of two (2) weeks’ leave immediately after childbirth and the rest of her leave following her baby’s discharge from hospital.

1.4. Still birth Where a member of staff’s baby is still born or they have been medically advised to have a termination after the 24th week of pregnancy the member of staff will be entitled to the same amount of maternity leave and pay as if her baby was born alive.


1.5. Miscarriage Where an employee has a miscarriage before the 25th week of pregnancy

normal sick leave provisions will apply as necessary. 2. Post-natal care and breastfeeding mothers 2.1. Time off for post-natal care Women who have recently given birth should have paid time off for post-natal care e.g. attendance at health clinics. 2.2. Health, safety and support for breastfeeding mothers

In accordance with Section 6.6, Line Managers are responsible for undertaking a risk assessment, with the member of staff, and to provide breastfeeding women with suitable private rest facilities.

The Health and Safety Executive Guidance recommends that employers provide:

o a clean, healthy and safe environment for women who are breastfeeding;

o suitable access to a private room to express and store milk in an appropriate refrigerator.

Line Managers are reminded that they should consider requests for temporary or permanent flexible working arrangements (in accordance with the Trust’s Flexible Working Policy and Procedure) to support breastfeeding women at work.

3. Parental leave At the end of the period of maternity, adoption or paternity leave, if the member of staff wishes to take further time-off to care for their child, they may be eligible to take unpaid parental leave, in accordance with the Trust’s Special Leave Policy and Procedure. 4. Professional registration The Trust requires that all staff who are required to be registered with a professional body maintain registration at all times during their employment with the Trust. This includes any periods of maternity, paternity, or adoption leave, whether paid or unpaid.

5. Contractual information

5.1. During maternity leave (both paid and unpaid) staff retain all their contractual rights, except remuneration.

5.2. Annual leave

Annual leave will continue to accrue during maternity leave, whether paid or unpaid, and will include bank holidays.

Where the amount of accrued annual leave would exceed normal carry over provisions, it may be mutually beneficial to both the Trust and the member of staff for annual leave to be taken before and/or after the formal (paid and unpaid) maternity leave period.

The amount of annual leave to be taken in this way, or carried over, should be discussed and agreed between the individual and their Line Manager prior to the commencement of maternity leave. Payment in lieu may be considered as an option where accrual of annual leave exceeds normal carry over provisions.


5.3. Annual leave and pay increments Maternity, leave, whether paid or unpaid, shall count as service for annual increments and for the purposes of any service qualification period for additional annual leave. 5.4 Staff on fixed term contracts or training contracts

The following provisions apply only to staff who are on fixed-term or training contracts that: o expire after the 11th week but before the EWC; and o have followed the notification procedures within this Policy and

Procedure. o have the appropriate length of continuous service with the NHS

Staff shall have their contracts extended so as to allow them to receive the 39 weeks paid NHS Contractual/Occupational Maternity Pay or SMP in accordance with their terms and conditions of employment.

If there is no right of return to be exercised because the contract of employment would have ended if the pregnancy and childbirth had not occurred the repayment provisions will not apply.

5.5. Rotational training contracts 5.5.1. Where a member of staff is on a planned rotation of appointments with one or

more NHS employers, as part of an agreed programme of training, she shall have the right to return to work in the same post or in the next planned post, irrespective of whether the contract would otherwise have ended if pregnancy and childbirth had not occurred. In such circumstances the employee’s contract will be extended to enable the practitioner to complete the agreed programme of training.

5.5.2. Rotational junior doctors in training – NHS Employers provide helpful general

maternity guidance for rotational junior doctors in training. The guidance can be downloaded from:-

www.nhsemployers.org/Aboutus/Publications/Pages/MaternityIssuesForDoctorsInTraining.aspx

6. Opportunities for Jobs or Promotion

The Trust will endeavor to keep staff informed of any opportunities arising and developments occurring whilst on maternity leave. Applications will be accepted from staff who are on maternity leave.

The Trust will seek to include staff on maternity leave when considering applications for new posts and promotions.

Any changes or opportunities arising from an organisational change process will be dealt with in accordance with the Organisational Change Policy and Procedure.

7. Benefits and allowances 7.1. Childcare voucher scheme

Staff (this includes both parents) can make significant savings on their childcare costs through childcare vouchers. Under the childcare voucher scheme staff are able to take a portion of their salary as childcare vouchers which are not subject to tax and National Insurance deductions. This is referred to as a ‘salary sacrifice scheme’.

http://www.nhsemployers.org/Aboutus/Publications/Pages/MaternityIssuesForDoctorsInTraining.aspx

http://www.nhsemployers.org/Aboutus/Publications/Pages/MaternityIssuesForDoctorsInTraining.aspx


To find out more or to subscribe to childcare vouchers:-

o Contact Fideliti on freephone: 0800 288 8727 or Email: [email protected] or access www.fideliti.co.uk; or

o Information can also be obtained from the staff intranet page ‘Help with Childcare’.

Please note, the Trust code that staff will need to register for vouchers is SOU6744.

Where staff already subscribe to childcare vouchers, staff are entitled to continue receiving childcare vouchers for up to 52 weeks of maternity leave. However, receipt of childcare voucher prior to maternity leave will effect maternity pay calculations (see 6.2.6)

If a member of staff does not wish to continue to receive vouchers during their maternity leave period, in accordance with the childcare voucher scheme’s terms and conditions they must provide one (1) month’s notice to Fidleiti and request they be stopped prior to the 15th week before leave commences. However, rejoining the scheme cannot take place until 6 months after leaving the scheme.

7.2 Lease car scheme If a member of staff has a lease car they have two options whilst on maternity leave:-

They may continue to use the lease car and the monthly payments will continue to be deducted from salary until either the pay ceases or there is insufficient pay to deduct the full monthly amount. During periods of nil pay or insufficient funds from which to deduct the employee contributions, the Trust will make those payments on their behalf. Or

They may return the lease car, in which case there may be a financial penalty on account of the early termination of the contract. However, where possible the lease car company may seek to avoid the penalty by continuing the lease with another member of staff.

7.3. Work mobile phones/laptops

Staff who are supplied with mobile phones and/or laptops for business use must hand them back to their Line Manager prior to commencing maternity, adoption and additional paternity leave.

7.4. Pensions

If a member of staff chooses to continue to pay pension contributions during maternity leave, she will be expected to repay those contributions owed in respect of any unpaid absence. The contributions will be based on the pay received immediately before the period of unpaid leave and will be deducted over the number of months that are owed. The Payroll provider will write to the individual on her return to work, advising her of the amount owing and the period over which it will be deducted. Further advice is available from Trusts’ payroll provider Shared Business Service(SBS) payroll service desk on telephone number 03031231144 or by email [email protected]


http://www.fideliti.co.uk/



If a member of staff chooses to opt out of the pension scheme, the SD502 form should be completed (available from the NHS Pensions website or Maternity, Paternity, Adoption and Shared Parental Toolkit). Please note, if staff wish to rejoin the pension scheme, the individual must notify SBS Payroll.

Staff should also confirm their option in the relevant section on the ‘Maternity Leave, Pay and Pregnancy Risk Assessment Notification Form’ in the Maternity, Paternity, Adoption and Shared Parental Toolkit. The Form provides further information on the process for opting out.


Appendix 6

Further Paternity Provisions 1. Antenatal leave

Staff will be allowed reasonable time off to attend antenatal classes with the baby’s mother should they wish to do so. They may be asked by their Line Manager to provide evidence of the appointment or class in the form of a letter from the provider or appointment card, and staff are asked to try to arrange absences to minimise disruption to service provision where possible, including booking appointments out of working time whenever possible.

2. Childcare voucher scheme

Staff (this includes both parents) can make significant savings on their childcare costs through childcare vouchers. Under the childcare voucher scheme staff are able to take a portion of their salary as childcare vouchers which are not subject to tax and National Insurance deductions. This is referred to as a ‘salary sacrifice scheme’.

To find out more or to subscribe to childcare vouchers:-

o Contact Fideliti on freephone: 0800 288 8727 or Email: [email protected] or access www.fideliti.co.uk; or

o Information can also be obtained from the staff intranet page ‘Help with Childcare’.

Please note, the Trust code that staff will need to register for vouchers is SOU6744.

Where staff already subscribe to childcare vouchers, staff are entitled to continue receiving childcare vouchers for up to 52 weeks of maternity leave. However, receipt of childcare voucher prior to maternity leave will effect maternity pay calculations (see 6.2.6)

If a member of staff does not wish to continue to receive vouchers during their maternity leave period, in accordance with the childcare voucher scheme’s terms and conditions they must provide one (1) months’ notice to Fidleiti and request they be stopped prior to the 15th week before leave commences. However, rejoining the scheme cannot take place until 6 months after leaving the scheme.


http://www.fideliti.co.uk/


Appendix 7

Equality Impact Analysis Screening Tool

Equality Impact Assessment (or ‘Equality Analysis’) is a process of systematically analysing a new or existing policy/practice or service to identify what impact or likely impact it will have on protected groups.

It involves using equality information, and the results of engagement with protected groups and others, to understand the actual effect or the potential effect of your functions, policies or decisions. The form is a written record that demonstrates that you have shown due regard to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations with respect to the characteristics protected by equality law.

For guidance and support in completing this form please contact a member of the Equality and Diversity team

Name of policy/service/project/plan: Maternity, Paternity and Adoption Policy and

Procedure

Policy Number:

SH HR 62

Department:

Human Resources

Lead officer for assessment:

Ricky Somal: Equality and Diversity Lead

Date Assessment Carried Out:

February 2016

1. Identify the aims of the policy and how it is implemented.

Key questions Answers / Notes

Briefly describe purpose of the policy including

How the policy is delivered and by whom

Intended outcomes

This Policy and Procedure provides guidelines to staff and managers on the management, eligibility and entitlements for maternity, paternity and adoption leave and pay. The policy and procedure sets out the approach the Trust will follow to ensure consistency and fairness in treatment for all employees who make a request. As the Trust is committed to equality of opportunity for all employees, this policy and procedure will help ensure that we do not treat any employee less favourably because they are expecting or adopting a child or for any reason connected with maternity, paternity or adoption.


2. Consideration of available data, research and information

Monitoring data and other information involves using equality information, and the results of engagement with protected groups and others, to understand the actual effect or the potential effect of your functions, policies or decisions. It can help you to identify practical steps to tackle any negative effects or discrimination, to advance equality and to foster good relations. Please consider the availability of the following as potential sources:

Demographic data and other statistics, including census findings

Recent research findings (local and national)

Results from consultation or engagement you have undertaken

Service user monitoring data

Information from relevant groups or agencies, for example trade unions and voluntary/community organisations

Analysis of records of enquiries about your service, or complaints or compliments about them

Recommendations of external inspections or audit reports

Key questions

Data, research and information that you can refer to

2.1 What is the equalities profile of the team delivering the service/policy?

The Equality and Diversity team will report on Workforce data on an annual basis.

2.2 What equalities training have staff received? All Trust staff have a requirement to undertake Equality and Diversity training as part of Organisational Induction (Respect and Values) and E-Assessment

2.3 What is the equalities profile of service users?

The Trust Equality and Diversity team report on Trust patient equality data profiling on an annual basis

2.4 What other data do you have in terms of service users or staff? (e.g results of customer satisfaction surveys, consultation findings). Are there any gaps?

The Trust is preparing to implement the Equality Delivery System which will allow a robust examination of Trust performance on Equality, Diversity and Human Rights. This will be based on 4 key objectives that include:

1. Better health outcomes for all

2. Improved patient access and


experience 3. Empowered,

engaged and included staff

4. Inclusive leadership

2.5 What internal engagement or consultation has been undertaken as part of this EIA and with whom? What were the results? Service users/carers/Staff

2.6 What external engagement or consultation has been undertaken as part of this EIA and with whom? What were the results? General Public/Commissioners/Local Authority/Voluntary Organisations

In the table below, please describe how the proposals will have a positive impact on service users or staff. Please also record any potential negative impact on equality of opportunity for the target: In the case of negative impact, please indicate any measures planned to mitigate against this


Positive impact (including examples of what the policy/service has done to promote equality)

Negative Impact Action Plan to address negative impact

Actions to overcome problem/barrier

Resources required

Responsibility Target date

Age

Applied to all protected characteristics: This policy is directly informed by national legislation Provision of Child Care Benefit Scheme (Vouchers) assists with child care costs and retention of employee. Link to other policies to achieve Work-Life Balance upon return eg. Right To Request Flexible Working, Career Break etc.

No adverse impact identified at this stage of screening


Disability

Risk Assessments identify safe working environment

Poor communication of this policy could impact negatively on some staff groups. For example if the policy is not available in alternative formats, staff with disabilities could be impacted in a negative way.

The trust will respond positively to requests to provide information in alternative formats to ensure understanding of the policy and procedure.

Gender Reassignment


Marriage and Civil Partnership


Pregnancy and Maternity

The Trust Diversity Scorecard reports on the total number of staff who had maternity leave and monitors any instances of discrimination against key employee relations. Keep In Touch (KIT)

Failure to carry out risk assessments on pregnant staff could adversely affect female staff.

Section 4.2 Policy: Carrying out a health and safety risk assessment once notified of an individual’s pregnancy and for making any necessary changes recommended by Occupational Health; Health and safety and risk assessment of pregnant/expectant, new and breastfeeding mothers.


Race


Religion or Belief


Sex

Govt proposal to allow ‘sharing’ of maternity leave and pay between the parents (2010)

Return to work can be difficult after 12 months away from the workplace.

Keep In Touch (KIT) Organisational Induction

Sexual Orientation

Adoption leave and paternity leave are available for same sex couples

maternity, paternity, adoption and shared parental leave ... · maternity, paternity, adoption and...

Documents