SO/1/2/3 - Family friendly working

Target Audience: All Employees Owner: HR Operations Author: HR Operations Date amended: 01/2018

1 Policy

1.1 Flexible working covers a range of working practices aimed to assist employees to achieve a better work-life balance. This should allow employers to cope with fluctuating workloads, skills shortages and changing service provision. It includes flexibility in relation to working hours and work patterns.

1.2 The move towards more flexible working arrangements is driven by a number of different factors, including:

1.2.1 The need to increase the diversity of the workforce by assisting those who may be disadvantaged in the workplace to enter into working arrangements which suit their needs. For some groups of workers, such as those with family responsibilities or certain disabilities, more flexible working hours provide opportunities for working which are not otherwise available for them.

1.2.2 Legislative changes which provide employees with additional rights in a number of areas including: Maternity Rights, Paternity Leave (Maternity Support Leave), Adoption Leave, Parental Leave and Time Off for Dependents, the Right to Request Flexible Working.

1.3 We recognise that our employees are our greatest asset and that each employee has different family commitments and personal aspirations. We also recognise that these commitments are shared by our employees who are in civil partnerships or same-sex relationships. Effective practices which promote a work-life balance benefit both HFRS and our employees. We also recognise that we have a duty as an employer to discuss workable solutions with employees that meet the needs of both parties, having regard to fairness and consistency in their application.

1.4 This policy provides information on the policies to be adopted in relation to flexible working arrangements and additional support leave for a range of circumstances and is divided into the following segments:

Appendix A - Maternity Provisions Appendix B - Paternity Leave (Maternity Support Leave) Appendix C - Parental Leave Appendix D - Provisions for Adoption Appendix E - Emergency Leave and compassionate leave (also known as Time Off for Dependents) Appendix F - Flexible Working

2 Conditions of Service

Nothing in this Service Order should be interpreted as contradicting the provisions made in:

• The National Joint Council for Local Authorities’ Fire Brigades, Scheme of Conditions of Service (The Grey Book)

• The National Joint Council for Local Government National Agreement on Pay and Conditions of Service (The Green Book)

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SharePoint ID HRDOCID-561776108-79756

Date of publication V1.0.1 August 2019

Owner HR Operations

SO/1/2/3 Appendix A – Maternity provisions

Author: HR Date reviewed: 01/2018

1 Policy

1.1 This policy details employee entitlements to maternity leave and pay, together with associated rights and requirements.

1.2 This policy is based on legislative entitlements and applies across the Service. 2 Maternity leave entitlements

2.1 All pregnant employees are entitled to 26 weeks ordinary maternity leave (OML) plus 26 weeks additional maternity leave (AML).

2.2 All terms and conditions (apart from remuneration) continue to apply during OML and AML. However, there are different rights of return depending on whether an employee returns after OML or AML.

3 Maternity pay entitlements and Maternity pay

3.1 Provided an employee qualifies for Statutory Maternity Pay (SMP), they are entitled to receive payment during the first 39 weeks of their maternity leave. Their entitlement to payment is dependent on length of continuous local authority service.

3.2 The employee must inform their line manager they are pregnant at least 15 weeks before the baby is due (the end of the qualifying week), or as soon as possible. To qualify for Statutory Maternity Pay (SMP), an employee must:

• Have a contract of employment with the Service (regardless of hours worked or terms and conditions of employment)

• Have been employed continuously for 26 weeks at the 15th week before the expected week of childbirth (EWC);

• Earn more than the lower earnings limit for the payment of National Insurance contributions (see www.hmrc.gov.uk/rates/nic.htm for current rates);

• Still be pregnant at the 11th week before the EWC or have already given birth.

3.3 If an employee does not qualify for SMP, they may be able to claim Maternity Allowance. The employee should contact the Department for Work and Pensions or the local Job Centre Plus office for more information.

3.4 Employees with less than 1 year’s continuous local authority service at the beginning of the 11th week before the EWC are entitled to receive;

• 6 weeks at 90% of average weekly earnings or 90% of contractual pay, whichever is higher, followed by

• 33 weeks SMP.

3.5 Employees with more than one year’s continuous local authority service at the beginning of the 11th week before the EWC, who have put in writing their intention to return to work after their maternity leave, are entitled to receive:

• 16 weeks at full pay, followed by

• 20 weeks at 50% of average weekly earnings or 50% of contractual pay, whichever is higher plus SMP*, followed by

• 3 weeks at SMP.

* Payments made by the Service over and above the statutory requirements during maternity leave are made on the understanding that the employee will return to local authority employment for a period of at least six months. This may be varied by the Service in exceptional circumstances. In the event of the employee not returning to local authority employment for a minimum of six months, the employee will be required to refund all or part of the monies paid. Statutory maternity payments are not refundable.

3.6 Employees with more than one year’s continuous local authority service at the beginning of the 11th week before the EWC, who have indicated that they do not intend to return to work after their maternity leave, are entitled to receive;

• 6 weeks at 90% of average weekly earnings or 90% of contractual pay, whichever is higher, followed by

• 33 weeks SMP.

3.7 For employees on the retained duty system (RDS), a week’s pay is the average remuneration in the period of 12 weeks preceding the date on which the last complete week finished before the commencement of light duties, excluding any week in which any payments were made for sickness absence or attendance at a training establishment (Grey Book refers). Maternity pay arrangements for RDS employees will be discussed on an individual basis as entitlements may vary according to whether an employee is employed elsewhere and the level of National Insurance contributions which have been paid.

3.8 In cases of multiple births, the standard maternity pay and maternity leave arrangements apply, i.e., a twin birth does not attract an entitlement to double the amount of maternity pay or maternity leave.

3.9 An employee with more than one contract of employment with HFRS will be given individual consideration as to their entitlements under each contract.

4 Procedures

This section details procedures to be followed by expectant employees: 4.1 Notice requirements

4.1.1 An employee must inform the Service, usually via their line manager, of the pregnancy as soon as is reasonably practicable, but no later than the end of the 15th week before the EWC, unless not reasonably practicable to do so.

4.1.2 For health and safety reasons, operational employees must not undertake a fully operational role during pregnancy; suitable alternative employment will be arranged by the Service in conjunction with the employee.

4.1.3 An operational employee must notify the Service, usually via their line manager, as soon as they suspect that they are pregnant to allow for an appropriate and timely risk assessment to maximise the effectiveness of health protection.

4.1.4 A trainee firefighter should report their pregnancy to the Service, usually via the Group Manager Training Centre, as soon as they suspect that they are pregnant. The employee will immediately be transferred to non-operational duties for health and safety reasons.

4.1.5 In instances where the employee does not want to inform their line manager personally, the employee may contact a member of the HR Operations team. A representative from the HR Operations team may meet with the employee to discuss how the matter can be kept confidential and the way forward. However, the HR representative has an obligation to inform Service management regarding fitness for duty. The HR representative may also refer the employee to Occupational Health and Wellbeing (OHW).

4.1.6 An employee’s maternity leave can commence on any day of the week.

4.1.7 An employee must notify the IBC of their pregnancy and maternity intentions via ESS Lite, and provide the following:

• the expected week of childbirth;

• The date they intend to commence maternity leave;

• A copy of their MatB1 certificate.

The line manager must enter appropriate details in FireWatch to ensure the availability change is reflected.

4.1.8 An employee can change the date on which they intend to start maternity leave using ESS Lite, providing at least 28 days notice in writing is given (unless not reasonably practicable).

4.1.9 The earliest date on which an employee can commence maternity leave is the beginning of the 11th week before the EWC or from the date of childbirth, if this is earlier.

4.1.10 An employee will receive written confirmation of the details of maternity leave from the IBC including the expected date of return to work if the full entitlement to maternity leave is taken.

4.2 Working arrangements

4.2.1 Pregnant employees and new mothers are entitled to be protected against risks that could cause harm to themselves or their child before and after it is born. Upon notification of pregnancy, the Service will discuss with the individual any need to modify duty arrangements for reasons of health and safety. Pregnant firefighters will be immediately relieved from full operational duties, whilst alternative duty arrangements are discussed.

4.2.2 If the employee works on a watch pattern, there should be no assumption that the pregnant woman will automatically assume day duties or that an RDS employee will cease to attend drill nights, nor should it be assumed that alternative duties will be carried out away from the normal place of work.

4.2.3 If medical advice suggests that night work could impinge upon health and safety, then modified or alternative work will be considered.

4.2.4 Modified or alternative work will be subject to an individual risk assessment carried out jointly with the pregnant employee and her line manager.

4.2.5 Further risk assessments should be carried out at appropriate intervals throughout the duration of the pregnancy, and working arrangement modified accordingly.

4.2.6 The employee should be encouraged and supported to continue with training (including operational training if appropriate), subject to a relevant risk assessment.

4.2.7 Where modified or alternative working arrangements prevent a pregnant employee from working their full hours, or OHW advise that the employee should work reduced hours, this will not impact on their pay.

4.2.8 Upon notification (preferably written) that a new mother wishes to breast feed/ express whilst at work, the line manager must undertake to provide a suitable private room for use when needed, as well as facilities for storing milk and sterilising receptacles. Where these facilities cannot be provided, the employee should be allowed time off to breast feed/ express in a suitable environment.

4.3 Ante Natal care

A pregnant employee is entitled to paid time off during working hours to attend antenatal care appointments; this may include medical examinations, relaxation classes, parent craft classes, etc. This entitlement has two elements:

• The right not to be unreasonably refused time off to attend appointments

• The right to be paid for this period of absence.

An employee will be required to provide evidence of the above, e.g. appointment card, upon request from their line manager.

4.4 Sickness absence whilst pregnant

4.4.1 An employee who is absent from work due to illness will normally be able to take sick leave until the start of maternity leave on the date notified. If the illness is unrelated to the pregnancy, the employee can remain on sick leave up to the date of the baby’s birth, or until the date notified as the date on which they intend maternity leave will start.

4.4.2 If, however, the illness is pregnancy-related, the maternity leave period starts automatically on the day after the first day of absence following the beginning of the fourth week before the EWC. This applies even if the day of absence is before the date the employee has notified as the date on which they intend the leave to start.

4.4.3 Odd days of pregnancy-related illness may be disregarded if the employee wishes to defer the start of her maternity leave period at the discretion of the Service and subject to the advice of a medical practitioner.

4.4.4 Sickness absence which is related to pregnancy will not be included when aggregating an employee’s total sickness absence for sickness absence monitoring purposes.

4.4.5 If an employee is unable to return to work at the end of maternity leave due to sickness, they will be entitled to receive sick pay from the intended return to work date, in accordance with the usual sick pay arrangements.

4.5 During Maternity Leave

Whilst on maternity leave, an employee remains in the Service and is bound by its policies and procedures. Welfare facilities and other support services remain available to employees throughout the leave period.

4.6 Returning to work

4.6.1 The earliest date on which an employee can return to work is 2 weeks following the birth.

4.6.2 If an employee wishes to return to work before the end of Ordinary Maternity leave (OML), they must notify their line manager, at least 8 weeks before the proposed return to work date. Where the notice given is less than 8 weeks, the Service may postpone the return to ensure 8 weeks notice, but not beyond the end of the maternity leave period. Once the return date is agreed the employee is required to notify the IBC through ESS Lite.

4.6.3 If an employee wishes to return to work before the end of her Additional Maternity Leave (AML), they must notify their line manager, in writing, at least 8 weeks before the day on which they propose to return to work. Where the notice given is less than 8 weeks, the Service may postpone the return to ensure 8 weeks notice but not beyond the end of the maternity leave period. Once the return date is agreed an employee is required to notify the IBC through ESS Lite.

4.6.4 An employee who returns to work at the end of the first 26 weeks (OML) is entitled to return to the same job and terms and conditions as if they had not been away. An employee who takes more than 26 weeks maternity leave (AML) can expect to return to the same job and on the same terms and conditions as if they had not been away. Where this is not reasonably practicable, she is entitled to return to a similar job which has the same or better status and terms and conditions as the old job (Service Order 1/2/4 ‘Exit’ refers).

4.6.5 An employee is entitled to benefit from any pay increase awarded during the maternity leave period.

4.6.6 An operational employee who is absent from operational activities for six months or more must undertake Return to Operations Refresher Training prior to returning to operational duty.

4.6.7 Where an employee decides not to return to work following the birth, the usual resignation process should be followed.

4.7 Continuous service

4.7.1 Continuity of service is preserved throughout maternity leave. The full period of maternity leave, both OML and AML, count as continuous service.

4.7.2 Where an employee returns to local authority service following a break for maternity reasons, they will be entitled to have previous service taken into account in respect of sickness and maternity schemes, provided that the break in service has not exceeded eight years and that no permanent, paid, full-time employment has intervened. For the purpose of the entitlement to annual leave, the eight-year time limit does not apply, provided that no permanent full-time employment has intervened.

4.8 Fertility treatment

There is no specific legal right to time off for an employee undergoing fertility treatment. Wherever possible, an employee should arrange appointments, etc. during their own time. Where this is not possible, the Service will consider supporting an element of paid time off arrangements during working hours.

4.9 Premature birth

If the baby is born before an employee is due to start maternity leave, maternity leave will take effect from the date of birth.

4.10 Stillbirth

4.10.1 Where a baby is stillborn after the end of the 24th week before the Expected Week of Childbirth, an employee retains the right to maternity leave and maternity pay, as outlined above. 4.10.2 Where a baby is stillborn before the end of the 24th week before Expected Week of Childbirth, an employee should obtain a certificate from her GP to cover any sickness absence. Normal sick pay arrangements apply.

4.11 Breastfeeding

Where an employee’s work affects breastfeeding, suitable facilities for expressing should be provided. If this is not practicable, the employee may, on a temporary basis, have her working conditions and/ or hours of work altered or be given alternative work. Each case will be considered according to circumstances and arrangements made at the discretion of the Service.

4.12 Health and Safety considerations

4.12.1 When informed of a pregnancy, the line manager must arrange for a risk assessment to be conducted at the earliest opportunity, in conjunction with a referral for the employee to the Occupational Health and Wellbeing (OHW) service. Service Order SO/8/1/2 ‘Risk Assessment’ refers. The service order above can be found by using the following link: https://www.hfrs- myportal.net/

4.12.2 Prior to returning to work following a period of maternity leave, the line manager may consider referring the employee to OHW who will conduct a return to work assessment for the employee.

4.13 Uniform

Arrangements must be made, by the line manager in conjunction with the Supplies Department, for an employee who is usually provided with a uniform by HFRS to be supplied with an appropriate replacement once the standard issue is no longer suitable.

4.14 Contact during maternity leave

The line manager may maintain regular contact with an employee on maternity leave in a manner agreed with the employee. The Service will also ensure the employee is kept informed of job vacancies, significant workplace developments and training opportunities via the provision of employee information bulletins, e.g. Routine Notice, etc.

Whilst on maternity leave, an employee may apply and be successful for a post that is advertised as a Service vacancy. If successful, the employee will be promoted or placed in the new role/ position and receive the relevant rate of pay on the date advertised as commencement of the post. The employee will commence duties in the new post on return from maternity leave.

4.15 Working during maternity leave/ ‘Keeping in touch days’ (KIT Days)

An employee can undertake 10 days work during maternity leave without bringing maternity leave to an end or losing any SMP. Working for part of a day will count as one day. If an employee works for more than 10 days during maternity leave, SMP for any week in which the employee works will be lost.

Work is defined as any work done under the contract of employment and may include training or any activity undertaken for the purposes of keeping in touch with the workplace.

The Service cannot insist that an employee undertakes work during maternity leave, and an employee is protected from suffering a detriment or being dismissed for refusing to do so. Equally, the Service is not obliged to offer an employee work during their maternity leave.

An employee’s maternity leave will not be extended due to the fact that they have carried out some work during this period.

An employee who undertakes work during maternity leave will continue to receive SMP. In addition, they will be paid for the hours worked at plain time. Line managers should process payment for these via the IBC Portal.

If the employee travels to a location other than the normal place of work on a KIT day (e.g. for a team away day), they will be able to claim mileage in accordance with SO/1/2/10.

4.16 Pension Arrangements

Firefighters pension schemes and Local Government Pension Scheme

During paid maternity leave, pension contributions continue at the usual percentage rate and this period counts in full for pension purposes.

During unpaid maternity leave, an employee has the option of choosing whether or not to make their pension contributions. Where an employee chooses to make the contributions, the appropriate period of pensionable service will be credited; where an employee does not choose to make the contributions, the unpaid period will not count as pensionable service.

4.17 Leased cars

This scheme has now closed but for employees with existing arrangements in place, the following will apply:

An employee with an existing lease car arrangement in place at the time of commencing maternity leave who intends to return to work following maternity leave may either return the vehicle at no cost, purchase at full settlement cost, or retain the vehicle and continue to pay lease car payments for the duration of paid maternity leave. Where the employee’s pay is not sufficient to cover the lease payments, or where the employee is on unpaid maternity leave, arrangements will be made with the employee to ensure that payments due are made.

Where an employee with an existing lease car arrangement at the commencement of maternity leave does not intend to return to work following maternity leave, they have the option of either returning the vehicle at no cost or purchasing the vehicle at full settlement cost. Where an employee chooses not to return to work following a period of maternity leave, normal termination rules apply. The Chief Officer has discretion to waive part or all of the termination charges.

4.18 Service mobile phones

An employee who intends to return to work following maternity leave may either return their mobile phone to the Service or retain the mobile phone and continue to pay for any personal usage. Employees who wish to retain their mobile phone should notify Information Services of their last date at work so that invoices can be sent to their home address.

Where an employee indicates at the commencement of maternity leave that they do not intend to return to work following maternity leave, they must return the mobile phone to the Service prior to the commencement of maternity leave.

4.19 Trade union subscriptions

Where trade union subscriptions are automatically deducted from pay, this will continue during a period of paid maternity leave. Trade union subscriptions will cease during a period of unpaid maternity leave. Subscriptions will recommence automatically when an employee subsequently returns to work following a period of unpaid maternity leave.

4.20 Training/ College/ Further Education

Where any employee indicates that they do not intend to return to work following maternity leave and have received funding from the Service in respect of an external course within the last 24 months, they may have to repay some of the course fees. (Service Form 9/6/1/2 refers)

4.21 Annual leave

4.21.1 An employee on maternity leave will continue to accrue annual leave during her absence. A period of annual leave may be taken at the beginning or end of a period of maternity leave; this must be applied for, and is subject to approval in the usual manner.

4.21.2 Where the end of the maternity leave period falls in the following leave year, an employee should endeavour to take any outstanding annual leave prior to the commencement of the maternity leave. Annual leave cannot be carried over to the next leave year, other than in exceptional circumstances.

4.21.3 Time off in lieu shall be granted for any public holidays that fall during maternity leave.

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SO/1/2/3 Appendix B – Paternity leave (also known as maternity support leave)

Author: HR Date reviewed: 01/2018

1 Policy

1.1 This policy details employee entitlements to paternity leave and pay, together with associated rights and requirements.

1.2 This policy is based on legislative entitlements and applies across the Service. 2 Paternity leave allowances

2.1 For the purposes of this policy, the employee nominated by the mother of the baby/ co- adopter of the child, whether this is the father of the baby and/ or the husband, partner or civil partner of the mother/ co-adopter, shall be referred to as the ‘nominated carer.’

2.2 Paternity leave of two consecutive weeks shall be granted to an employee designated by the mother as the nominated carer. In addition, the mother may choose to transfer up to 26 weeks of her maternity leave to the nominated carer as Shared Parental Leave. Please refer to the Shared Parental Leave Policy for further information.

2.3 To qualify for Paternity Leave the nominated carer must have 26 weeks continuous local authority service as at the 15th week before the Expected Week of Childbirth (EWC) and continue to be employed from the EWC into the week before they wish to take it.

2.4 In cases of adoption, Paternity Leave may be granted where the nominated carer has 26 weeks continuous local authority service at the beginning of the qualifying week defined as follows:

• the end of the week that the carer is matched with the child (UK adoptions)

• the date the child enters the UK or when the carer wants their pay to start (overseas adoptions)

2.5 Paternity Leave must be used to either support the mother/ parent or to care for the new baby/ newly placed child.

3 When can paternity leave be taken?

3.1 Paternity Leave will be granted at the exigencies of the Service and consideration will be given to crewing levels for operational employees. Actual dates of paternity leave will be agreed with the employee’s line manager.

3.2 Paternity Leave cannot commence until the birth of the baby. For adoption a period of Paternity Leave can start:

• on the date of placement

• an agreed number of days after the date of placement

• on the date the child arrives in the UK or an agreed number of days after this (overseas adoptions only)

Paternity Leave must be taken within 56 days of the birth/ placement. In cases of premature birth, paternity leave can be taken from the date of birth but must be completed by 56 days from the first day of the Expected Week of Childbirth.

3.3 An employee may only take one period of Paternity Leave for each pregnancy/ placement, irrespective of the number of babies born/children placed.

4 Paternity Pay

4.1 Occupational Paternity Leave (OPL) is paid at the following rates:

Grey Book: 2 weeks or 2 tours of duty

Full pay

RDS: 2 weeks

Full pay*

Green Book: 2 weeks

Full pay

* For employees on the retained duty system (RDS), ‘full pay’ is the average weekly remuneration in the period of 12 weeks preceding the date on which the last complete week finished before the commencement of paternity leave, taking all payments into account, excluding any week in which any payments were made for sickness absence or attendance at a training establishment (Grey Book refers).

4.2 Where an employee has more than one contract of employment, individual consideration will be given to entitlements to payment under each contract.

5 Eligibility to Paternity Leave if premature birth

5.1 If the baby is born earlier than the 14th week before it is due and, but for the birth occurring early, an employee would have been employed continuously for the 26 weeks, then they will be deemed to have the necessary length of service.

6 Eligibility to Paternity Leave if still birth

6.1 A qualifying employee will be entitled to paid ordinary paternity leave as above in the event of a stillbirth after 24 weeks of pregnancy. If the baby is born alive at any point in the pregnancy but then does not survive, an employee is entitled to paid ordinary paternity leave in accordance with the above.

7 Eligibility to Paternity Leaves if mother/co-adopter dies

7.1 In the event of the mother’s or co-adopters death before the child’s first birthday or during the first year of placement, special terms apply to Shared Parental Leave. Please refer to the Shared Parental Leave policy.

8 Attendance at antenatal appointments

8.1 Where an employee has a qualifying relationship with the pregnant woman, or the expected child, they are entitled to unpaid time off of up to six and a half hours on up to two occasions to accompany the pregnant woman to an ante-natal appointment provided they are:

• the baby’s father

• the expectant mother’s spouse or civil partner

• in a relationship with the expectant mother

• the intended parent

8.2 An employee whose relationship with the pregnant woman is not listed above is not entitled to time off to accompany the pregnant woman at antenatal appointments. Annual leave/ TOIL/ flexi leave should be used, if required, subject to approval in the usual manner.

9 Procedures for Paternity Leave

9.1 In cases of maternity, an employee wishing to take Paternity Leave should discuss this with their line manager, and notify the IBC through ESS Lite no later than the 15th week before the Expected Week of Childbirth, unless not reasonably practicable.

9.2 In cases of UK adoption the request must be made no later than 7 days of the co- adopter/partner having been matched with a child.

9.3 For overseas adoption the employee wishing to take paternity leave must inform their line manager of the following; :

• the date on which the adopter was sent official notification from the UK authority. This must be within 28 days of the date of the official notification being sent if the employee has 26 weeks’ service at this date OR

• within 28 days of the Sunday of the employee’s 26th working week if they have not already accrued 26 weeks’ service when the official notification was sent OR

• the date the child is expected to enter the UK (within 28 days of that date).

9.4 At the time an employee needs the Paternity Leave to commence, they must contact their line manager and agree the actual dates of absence from work, ’ An employee must inform their line manager of the date of the baby’s birth/ date of placement/ arrival in UK as soon as practicable after the birth/ placement/ arrival in the UK.

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SO/1/2/3 – Appendix C – Unpaid Parental leave

Author: HR Date reviewed: 01/2018

1 Policy

1.1 This policy details employee entitlements to unpaid parental leave, together with associated rights and requirements.

Please note – Parental Leave is different to Shared Parental Leave which is covered in a separate policy.

1.2 This policy is based on legislative entitlements and applies to all employees.

2 Entitlement to unpaid parental leave

2.1 An employee is entitled to 18 weeks’ unpaid leave for each child and adopted child, up to their 18th birthday.

Parental leave gives an employee with a child/ children up to their 18th birthday the right to take a period of unpaid time off work to look after their child or make arrangements for the child’s welfare. Examples may include spending more time with their children, looking at new schools, settling their child into new childcare arrangements, spending more time with family, such as visiting grandparents.

2.2 An employee is entitled to parental leave if all the following criteria are met:

• They have one year’s continuous service with their employer

• They have a contract of employment with their employer

• They have a child under the age of 18

• They are named on the child’s birth or adoption certificate or they have or expect to have parental responsibility

• They are not a foster parent (unless they have secured parental responsibility through the courts).

3 Period of parental leave

An employee is entitled to 18 weeks’ parental leave in total for each child and adopted child, up to their 18th birthday.

4 When can parental leave be taken?

4.1 Parental leave should be taken in blocks of a week or multiples of a week. However consideration will be given to allowing shorter periods of a minimum of a half-day in exceptional circumstances. Employees cannot take off more than four weeks during one year per child. A week is based on an employees working pattern.

4.2 An employee may request a period of parental leave to follow immediately after a period of maternity leave, paternity leave or adoption leave. In such cases, parental leave cannot be postponed (unless insufficient notice is given).

4.3 The Service has the right to postpone parental leave for up to 6 months, if there is a sound business case to do so. The leave cannot be postponed if there is not a ‘significant reason’ (it would cause serious disruption to the business), it is being taken by the father or partner

immediately after the birth or adoption of a child or it means an employee would no longer quality for parental leave (e.g. postponing it until after the child’s 18th birthday).

4.4 Postponement will be avoided where possible, but where this is not possible, the line manager must write to the employee explaining why within 7 days of the original request, suggest a new start date (within 6 months of the requested start date) and must not change the amount of leave requested. In addition, alternative solutions may be investigated, e.g. a different pattern of leave, a shorter/ longer period of leave or an alternative period of leave. This right does not apply where an employee has given notice to take parental leave immediately after a child is born or placed for adoption.

4.5 Other than in exceptional circumstances, parental leave must not be taken during an employees’ probationary period or during essential training periods, e.g. initial training, Fire Service College courses, etc.

5 Sickness during parental leave

An employee who falls sick during a period of parental leave and who provides a Doctor’s Certificate to cover the absence will be entitled to pay in accordance with the Green and Grey Book and the period will not count towards parental leave entitlement.

6 Returning to work

At the end of the parental leave period, an employee is guaranteed to return to the same job and on the same terms and conditions if the leave was for a period of four weeks or less. Where the leave was for a longer period and therefore this is not reasonably possible, he/she is entitled to return to a similar job which has the same or better status and terms and conditions as the old job.

7 Continuous service

Time taken as parental leave is treated as continuous service.

8 Procedures

8.1 An employee wishing to request a period of parental leave should discuss this with their line manager and formally request it through ESS with a minimum of 21 days notice.

8.2 Parental leave may be granted to an employee who has not given the required notice in exceptional circumstances at the discretion of the line manager The request must be processed through ESS. If this is after the payroll closing date, the salary adjustment will be made the following month.

8.3 A request should include the following information:

• The period over which they wish to take parental leave

• A copy of either the child’s birth certificate, the adoption papers or the Disability Living Allowance documentation, as appropriate.

8.4 The line manager will discuss the request with the employee to determine how the request may be accommodated, including any exceptional circumstances which may lead to a postponement of the request. The line manager will confirm the salient points considered in reaching their decision in writing to the employee no later than 7 days after notice received (copy to PR file).

8.5 Where a request for parental leave is agreed, the line manager must process via FireWatch the relevant details so that the necessary availability adjustments can be made. 8.6 Discussing parental leave with an employee must be done sensitively to gain the relevant information required to comply with the policy and without asking irrelevant questions regarding an employee’s personal life and home circumstances.

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SO/1/2/3 – Appendix D – Provisions for adoption

Author: HR Date reviewed: 01/2018

1 Policy

1.1 This policy details employee entitlements to adoption leave and pay, and paternity leave and pay relating to adoption, together with associated rights and requirements.

1.2 This policy is based on legislative entitlements and applies across the Service to all employees.

2 Adoption leave entitlements

2.1 For UK Adoptions, to qualify for Statutory Adoption Leave, the parent must:

• Have a contract of employment with the employer (regardless of hours worked or terms and conditions of employment)

• Give the correct notice of wishing to take time off (see section 4 below)

• Provide written proof of the adoption

2.2 In addition, for overseas adoptions, to qualify for Statutory Adoption Leave and Statutory Adoption Pay the parent must:

• Have worked continuously for their employer for at least 26 weeks by the time they receive ‘official notification’ i.e. permission from a UK authority that they can adopt from abroad

• Complete and sign form SC6 if adopting a child with their partner to confirm that they are not taking paternity leave or pay

2.3 Where a couple adopts a child jointly, only one parent is entitled to adoption leave (the couple must choose which partner is to take adoption leave). The parent who is going to take adoption leave must inform the Service of this decision. The parent who does not take adoption leave may be entitled to paternity leave and pay.

2.4 The parent taking adoption leave is entitled to 26 weeks ordinary adoption leave (OAL) plus

26 weeks additional adoption leave (AAL).

2.5 All terms and conditions (apart from remuneration) continue to apply during OAL and AAL. However, there are different rights of return depending on whether an employee returns after OAL or AAL.

3 Adoption pay entitlements

3.1 Provided an employee qualifies for Statutory Adoption Pay (SAP), they are entitled to receive payment during the first 39 weeks of their adoption leave. Their entitlement to payment is dependent on length of continuous local authority service.

3.2 To qualify for Statutory Adoption Pay (SAP), an employee must:

• Have a contract of employment with the employer (regardless of hours worked or terms and conditions of employment)

• Have been employed continuously for 26 weeks by the end of the qualifying week. This is the week beginning with the Sunday that notification of having been matched with a child is received and ends on the following Saturday

• Earn more than the lower earnings limit for the payment of National Insurance contributions (see http://www.hmrc.gov.uk/rates/nic.htm)

• Give 28 days’ notice of when they wish SAP to begin

• Provide written proof of the adoption to include

o The employee’s name and address and that of the agency o The match date - for example the matching certificate (for UK adoptions) o The date of placement - for example a letter from the agency (for UK adoptions) o The relevant UK authority’s ‘official notification’ confirming the employee is allowed

to adopt (overseas adoptions only) o The date the child arrived in the UK - for example plane ticket - within 28 days of

this date (overseas adoptions only). 3.3 Adoption pay

3.3.1 Employees with less than 1 year’s continuous local authority service at the beginning of the qualifying week are entitled to receive;

• 6 weeks at 90% of average weekly earnings or 90% of contractual pay, whichever is higher followed by

• 33 weeks’ SAP.

3.3.2 Employees with more than one year’s continuous local authority service at the beginning of the qualifying week, who have put in writing their intention to return to work after their adoption leave, are entitled to receive;

• 16 weeks full pay followed by

• 20 weeks at 50% of average weekly earnings plus SAP*, followed by

• 3 weeks at SAP.

* Payments made by the Service over and above the statutory requirements during adoption leave are made on the understanding that the employee will return to local authority employment for a period of at least six months. This may be varied by the Service in exceptional circumstances. In the event of the employee not returning to local authority employment for a minimum of six months, the employee will be required to refund all or part of the monies paid. Statutory Adoption Payments are not refundable.

3.3.3 Employees with more than one year’s continuous local authority service at the beginning of the qualifying week, who have indicated that they do not intend to return to work after their adoption leave, are entitled to receive;

• 6 weeks at 90% of average weekly earnings or 90% of contractual pay, whichever is higher, followed by

• 33 weeks SAP.

3.3.4 For RDS, a week’s pay is the average remuneration in the weeks preceding the commencement of adoption leave, excluding any week in which any payments were made for sickness absence or attendance at a training establishment (Grey Book refers). Adoption pay arrangements for RDS employees will be discussed on an individual basis as entitlements may vary according to whether an employee is employed elsewhere and the level of National Insurance contributions which have been paid.

3.3.5 Only one period of adoption leave is available, irrespective of whether more than one child is to be placed for adoption as part of the same arrangement.

3.3.6 An employee with more than one contract of employment with the Service will be given individual consideration as to their entitlements under each contract.

4 Procedures

4.1 Notice Requirements

4.1.1 For UK adoptions an employee must inform their line manager that they have been matched with a child within seven days of being notified that they have been matched with a child, unless not reasonably practicable to do so.

4.1.2 For overseas adoptions an employee must inform their line manager of;

• the date of their ‘official notification’

• the expected date the child arrives in the UK, within 28 days of getting the notification

• the actual date the child arrives in the UK, within 28 days of this date

• how much leave they wish to take and when they want it to start, providing 28 days’ notice.

4.1.3 An employee’s adoption leave can commence on any day of the week.

4.1.4 An employee must notify the IBC using ESS and provide the follow:

• details of the date of placement

• the date on which they intend to commence their adoption leave

• a copy of the matching certificate.

4.1.5 An employee can change the date on which they intend to start their adoption leave, if the date of placement changes (UK adoptions) or if the UK arrival date of the child changes (overseas adoptions) providing at least 28 days notice in writing is given, unless not reasonably practicable to do so.

4.1.6 Adoption leave can commence;

• from the date of the child’s placement

• from a fixed date, up to 14 days before the anticipated date of placement (UK adoption) OR,

• when the child arrives in the UK or within 28 days of this date (overseas adoptions).

4.1.7 An employee will receive written confirmation of the details of their adoption leave from the IBC including their expected date of return to work if the full entitlement to adoption leave is taken within 28 days of receipt of the request for adoption leave. An employee can request advice from the HR Operations team to discuss their entitlements and rights whilst on adoption leave.

4.2 Pre-Adoption Leave

Wherever possible, an employee should arrange pre-adoption appointments during their own time of outside of core hours.

Employees who are taking adoption leave and are the main adopter are entitled to paid time off to attend up to five adoption appointments after they have been matched with a child. Employees who have jointly adopted a child and are not taking adoption leave (secondary adopter) are entitled to take unpaid time off to attend up to two adoption appointments.

4.3 During Adoption Leave

4.3.1 The line manager must maintain regular contact with an employee on adoption leave in a manner agreed with the employee; this will include the provision of employee information bulletins, e.g. Routine Notice, etc.

4.3.2 Whilst on adoption leave, an employee may apply and be successful for a post that is advertised as a Service vacancy. If successful, the employee will be promoted or placed in the new role/ position and receive the relevant rate of pay on the date advertised as commencement of the post. The employee will commence duties in the new post on their return from adoption leave.

4.3.3 An employee can undertake 10 days work during their adoption leave without bringing the adoption leave to an end or losing any SAP. Working for part of a day will count as one day. If an employee works for more than 10 days during their adoption leave, they will lose their SAP for any week in which they work.

Work is defined as any work done under the contract of employment and may include training or any activity undertaken for the purposes of keeping in touch with the workplace.

The Service cannot insist that an employee undertakes work during their adoption leave, and an employee is protected from suffering a detriment or being dismissed for refusing to do so. Equally, the Service is not obliged to offer an employee work during their adoption leave.

An employee’s adoption leave will not be extended due to the fact that they have carried out some work during this period.

An employee who undertakes work during their adoption leave will continue to receive SAP. In addition, they will be paid for the hours worked at plain time. Additional hours worked should be claimed via ESS lite.

4.3.4 If the employee travels to a location other than their normal place of work on a KIT day (e.g. for a team away day), they will be able to claim mileage in accordance with SO/1/2/10.

4.4 Returning to work

4.4.1 An employee who intends to return to work at the end of their full entitlement to adoption leave does not have to notify their line manger of their return.

Where an employee wishes to return to work before the end of their adoption leave period, they must notify their line manager, in writing, at least 8 weeks before the day on which they propose to return to work. Where the notice given is less than 8 weeks, the Service may postpone the return to ensure 8 weeks notice but not beyond the end of the adoption leave period.

4.4.2 An employee who returns to work at the end of the first 26 weeks (OAL) is entitled to return to the same job on terms and conditions as if they had not been away. An employee who takes more than 26 weeks adoption leave (AAL) can expect to return to the same job and on the same terms and conditions as if they had not been away. Where this is not reasonably practicable, they are entitled to return to a similar job which has the same or better status and terms and conditions as the old job.

4.4.3 An employee is entitled to benefit from any pay increase awarded during the adoption leave period.

4.4.4 An operational employee who is absent from operational activities for six months or more must undertake Return to Operations Refresher Training prior to returning to operational duty.

4.4.5 Where an employee decides not to return to work following their adoption leave, the usual resignation process should be followed (Service Order SO/1/2/4 ‘Exit’ refers).

4.5 Continuous Service

Continuity of service is preserved throughout adoption leave. The full period of adoption leave, both OAL and AAL, counts as continuous service.

4.6 Exceptions

Adoption leave and pay are not available if an employee:

• arranges a private adoption

• becomes a special guardian or kinship carer • adopts a stepchild

• adopts a family member or stepchild. 4.7 Unsuccessful completion of adoption

Where a child’s placement is unsuccessful and ends during the adoption leave period, an employee can continue adoption leave for up to 8 weeks after the end of the placement.

4.8 Pension arrangements

Firefighters pension scheme and local government pension scheme

During paid adoption leave, pension contributions continue at the usual percentage rate and this period counts in full for pension purposes.

During unpaid adoption leave, an employee has the option of choosing whether or not to make their pension contributions. Where an employee chooses to make the contributions, the appropriate period of pensionable service will be credited; where an employee does not choose to make the contributions, the unpaid period will not count as pensionable service.

4.10 Leased cars

Please refer to section on leased cars above.

4.11 Service mobile phones

An employee who intends to return to work following adoption leave may either return their mobile phone to the Service or retain the mobile phone and continue to pay for any personal usage. Employees who wish to retain their mobile phone should notify Information Services of their last date at work so that invoices can be sent to their home address.

Where an employee indicates at the commencement of adoption leave that they do not intend to return to work following adoption leave, they must return their mobile phone to the Service prior to the commencement of their adoption leave.

4.12 Trade union subscriptions

Where trade union subscriptions are automatically deducted from pay, this will continue during a period of paid adoption leave. Trade union subscriptions will cease during a period of unpaid adoption leave. Subscriptions will recommence automatically when an employee subsequently returns to work following a period of unpaid adoption leave.

4.13 Training/ College/ Further Education

Where any employee indicates that they do not intend to return to work following adoption leave and has received funding from the Service in respect of an external course within the last 24 months, they may have to repay some of the course fees. (Service Form 9/6/1/2 refers)

The form above can be found by using the following link: https://www.hfrs-myportal.net/

4.14 Annual Leave

4.14.1 An employee on adoption leave will continue to accrue annual leave during their absence. A period of annual leave may be taken at the beginning or end of a period of adoption leave. This must be applied for and is subject to approval in the usual manner.

4.14.2 Where the end of the adoption leave period falls in the following leave year, an employee should endeavour to take any outstanding annual leave prior to the commencement of the adoption leave. Annual leave cannot be carried over to the next leave year, other than in exceptional circumstances.

4.14.3 Time off in lieu shall be granted for any public holiday that falls during the period of Ordinary Adoption Leave.

4.15 Fostering children

There is no specific legal right to time off for an employee involved in fostering babies/ children unless this is under a recognised Fostering to Adopt scheme. The Service will consider such requests on an individual basis.

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SO/1/2/3 – Appendix E – Emergency leave and compassionate leave

Author: HR Date reviewed: 09/2017

1 Policy

1.1 This policy details employee entitlements to emergency and compassionate leave, together with associated rights and requirements.

1.2 This policy is based on legislative entitlements and applies to all employees. 2 Procedure

2.1 Emergency and compassionate leave are facilities for time off work to enable employees to respond to and deal with unforeseen personal events involving their immediate dependants. Emergency leave is unpaid time off, whereas compassionate leave is paid time off.

3 Emergency leave

3.1 There may be occasions when employees cannot attend work or need to be released from work immediately, in response to an unexpected or sudden emergency related to reasons outside of work. The emergency must involve a dependant of the employee (e.g. spouse, same-sex or civil partner, sibling, child or parent of the employee, or someone who lives in the same household as the employee).

3.2 Examples of emergency leave situations are as follows:

• Sudden illness, injury or assault of a dependant

• Time off to make long-term care arrangements for a dependent who unexpectedly becomes ill or is injured

• Time off to deal with an unexpected disruption to care arrangements (e.g. childminder taken suddenly ill)

• Time off to deal with an unexpected incident involving the employee’s child during school hours. (e.g. child involved in an incident or accident for which the school requires the parent’s attendance)

• Time off to deal with an unexpected and serious incident involving a pet.

3.3 Employees are entitled to be released in such circumstances, but wherever possible must speak to their line manager first. Where the line manager is unavailable (e.g. is on annual leave), the employee must obtain authorisation from the most accessible manager available and then contact their own line manager at the earliest opportunity. Emergency leave is not paid and employees will need to either make the time up at a later date, use flexi leave or time off in lieu, or expect to have the period of time off deducted from their salary. Their line manager will discuss this at a later stage depending on the circumstances of the situation. If a deduction from pay is to be made, the line manager must process this via FireWatch.

3.4 Having been released in response to the emergency (i.e. usually during the day of the sudden occurrence) employees may then wish, where appropriate, to request that the emergency leave is deemed as compassionate leave instead, which is paid time off. Compassionate leave can be granted retrospectively (if it meets the necessary criteria for compassionate leave), in which case the time off originally granted under emergency leave does not have to be made up.

3.5 Emergency leave is more focused on enabling the immediate release of an employee to an emergency situation.

4 Compassionate leave

Where exceptional circumstances, usually relating to the death or life threatening/ serious illness of a dependant, demand the urgent attention of an employee, an absence from duty with pay for a period not exceeding three days may be granted by the line manager. In all cases the person granting such leave must be in a senior position to the employee concerned.

Consideration and approval for an extension of the three day period, due to exceptional circumstances, will be decided by the Group Manager or equivalent Green Book post (or their line manager if they are not available).

In determining any extended period of compassionate leave, account may be taken of the particular circumstances, any outstanding entitlement to annual leave or accumulated overtime, or taking unpaid leave. Rest days falling within the period under consideration will remain as rostered but will not be taken into account when calculating the number of days which may be granted. Such extended time off must be agreed in advance with the manager.

Compassionate leave does not cover, and is not appropriate, for the following circumstances:

• Hospital visits, unless in an emergency

• Funerals, unless immediate family or dependant

• Childcare arrangements (emergency leave may be considered)

• Death or serious injury/ illness of a pet (but emergency leave may be considered).

Relationship between emergency and compassionate leave

Where compassionate leave is granted, either immediately or subsequent to the initial release of the employee, it will always take precedence over emergency leave.

The key differences between the two are detailed in the table below:

Emergency Leave Compassionate Leave

Unpaid time off work Paid time off work

Focused on enabling the employee to respond to situation needing urgent attention but not necessarily life threatening

Usually focused on life threatening/ serious illness/ injury or death of an immediate family member

Focus on dealing with the urgent situation and making necessary arrangements

May include making necessary arrangements (e.g. funeral arrangements) and also to provide time for the employee during an emotionally difficult period

Rarely would expect emergency leave to go beyond a 24-48 hour period

Can be granted for varying lengths of time (normally paid for up to 3 days)

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SO/1/2/3 – Appendix F – Flexible working

Author: HR Date reviewed: 01/2018

1 Policy

1.1 This policy details employee entitlements to request to work flexibly, together with associated rights and requirements.

1.2 This policy is based on legislative entitlements and applies to all employees. 2 Procedure

2.2 The Employment Rights Act (1996) does not provide an automatic right to work flexibly but the Service has a statutory duty to ensure that any application is given serious consideration.

The law states that employers must consider and decide on all requests, including any appeal, in a reasonable manner and within 3 months from date of first receipt.

2.3 Where an application is approved, a permanent change to the employee’s terms and conditions of employment will be made and a new contract of employment issued. A further application to amend a working pattern will not be considered within a twelve month period. Changes made to an employee’s terms and conditions of service may affect the amount of pay and entitlements to benefits.

2.4 In order to make a request the employee must:

• Have employee status i.e. have a contract of employment with the employer (regardless of hours worked or terms and conditions of employment)

• Have continuous service of 26 weeks or more at the date of application

• Not have made another application to work flexibly during the past 12 months

• Make the application to the Station Manager (or equivalent manager) who will need to notify the IBC of any change to working hours.

2.5 If eligible, employees may request:

• A change to their hours of work

• A change to their times of work

• To work from home.

2.6 The employee’s request must detail the following, in writing;

• date of application, the change to working conditions they are seeking and the requested effective date

• what effect the requested change would have on the employer and how any effect could be dealt with

• a statement that the request is a statutory request and whether they have made a previous application for flexible working in the last 12 months

• if they are making their request in relation to the Equality Act 2010, for example as a reasonable adjustment.

2.7 Applications may cover working patterns such as annualised hours, compressed hours, flexitime, job-sharing, staggered hours and term-time working.

2.8 The line manager will consult with the department manager or a member of the HR Operations team.

3 Meeting to discuss the application

3.1 Following receipt of the application, the line manager may meet with the employee at a time and place that is mutually convenient. If the intention is to approve the request, a meeting is not needed. The purpose of this meeting is to give both the employee and the Service the opportunity to explore the impact of the requested change to the working pattern and to discuss how best it might be accommodated.

Line managers may find it useful to refer to the manager’s guidance notes on flexible working requests, which can be obtained from the HR Operations team.

3.2 A work colleague or trade union representative may accompany the employee to the meeting, if required. This person may address the meeting and advise the employee but should not answer questions on behalf of the employee.

3.3 Following the meeting, the line manager will write to the employee to;

• Confirm the new working pattern and start date, inform the IBC who will issue a new contract of employment, or

• Provide a clear business reason, including its relevance in the circumstances, for refusing the request. The grounds must relate to one of the following eight reasons, as set out in legislation:

1. The burden of additional costs 2. Inability to re-organise work among existing staff 3. Inability to recruit additional staff 4. Detrimental impact on quality 5. Detrimental impact on performance 6. Detrimental effect on the ability to meet customer demand 7. Insufficient work during the period(s) that the employee proposes to work 8. Planned structural changes.

4 Appeal

4.1 An employee may appeal against a decision to refuse a request. 4.2 The employee must appeal in writing to the manager who made the original decision, within 14 days of the notice of the decision. The manager can seek advice from HR Operations.

4.3 Within 14 days of receipt of the notice of appeal, a more senior manager must meet with the employee to discuss the appeal.

4.4 The manager who made the original decision will be required to attend the meeting to outline the reason(s) for the decision.

4.5 A work colleague or trade union representative may accompany the employee to the meeting, if required. This companion may address the meeting and advise the employee but should not answer questions on behalf of the employee.

4.6 Within 14 days of the appeal meeting, the manager will write to the employee to:

• Agree to a new working pattern and start date, notifying he IBC who will issue revised terms

and conditions, or

• State the grounds on which the appeal is dismissed.

For Grey book employees the timescales for this procedure will be flexible depending on when the Establishment Management Board meets.

5 Pension implications

5.1 Please note the following is a guide only, for detailed advice employees should contact the relevant pension scheme.

LGPS

Employee contributions are based on the full time pay rate for the role, although employees will only pay contributions on the pay they actually earn.

Firefighters Pension Schemes

Contributions will be deducted based on part time pay. The pension is first assessed as if the employee has worked wholetime throughout their service, then account is taken of the proportion of any wholetime service accrued.

Where the hours of employment are less than wholetime, pensionable service will be pro rated to reflect actual hours and the final pensionable pay used in the pension calculation will be the wholetime equivalent pensionable pay.

All schemes have mechanisms whereby in some circumstances, members can make voluntary contributions in order to increase their benefits.

6 Withdrawal of an application

The employee’s application will be considered withdrawn where the employee has:

• Notified the intention to withdraw the application

• Failed to attend a meeting more than once without reasonable cause

• Refused to supply information required to assess the application.

7 Further applications

Employees can only make one application in a 12 month period, regardless of whether or not the application is approved. This provision also applies if an application is withdrawn before the end of the process.

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