Further information can be found on the government website https://www.gov.uk/working-when-pregnant-your-rights. 5 DUTIES . 15.30 Where an employee’s baby is born before the 11th week before the expected week of childbirth and the baby is in hospital, the employee may split their maternity leave entitlement, taking a minimum period of two weeks’ leave immediately after childbirth and the rest of their leave following their baby’s discharge from hospital. 15.100 Statutory Maternity Pay (SMP) and Statutory Adoption Pay (SAP) is paid at 90 per cent of their average weekly earnings for the first six weeks of the maternity / adoption leave and to the statutory flat rate sum or 90 per cent of the average weekly earnings (whichever is lower) for the following 33 weeks. 15.31 In the event where an employee’s baby is stillborn after the end of the 24th week of pregnancy, the employee will be entitled to the same amount of maternity leave and pay as if their baby was born alive. iii) they notify their employer in writing before the end of the week in which they are notified of being matched with a child for adoption, or by the 15th week before the baby’s due date if applying via a surrogacy arrangement: (a) of their intention to take adoption leave; 15.16 Shared parental leave and pay can be taken at any time within one year from the birth or placement for adoption, providing two weeks’ compulsory maternity or adoption leave has been taken first. Parental Leave – Section 35 is a separate provision from either maternity or maternity support (paternity) or adoption leave and should provide a non-transferable individual right to at least 18 weeks’ leave. 15.12 Where, locally, staff and employer representatives agree arrangements which provide benefits to staff beyond those provided by this section, those local arrangements will apply. Policy Statement 1.1 This document outlines the Shared Parental Leave Policy for The East of England Ambulance Service NHS Trust (the Trust). Entitlement to Shared Parental Leave 5.1 You are entitled to SPL in relation to the birth of a child if: you are the child's mother, and share the main responsibility for the care of the child with … Absence prior to the last four weeks before the expected week of childbirth, supported by a medical statement of incapacity for work, or a self-certificate, shall be treated as sickness absence in accordance with normal leave provisions. NHS Education for Scotland Maternity & Breastfeeding Support Policy Paternity (Maternity Support) Policy Adoption & Fostering Policy and Shared Parental Leave Policy This resource can be made available in full or summary form, in alternative formats and community languages. 15.58 If a notice is withdrawn it will not count towards the three booking notifications cap. 15.69 An employee may work for up to a maximum of ten KIT days without bringing their maternity or adoption leave to an end. The Parental Leave Policy is one of the NHS GGC Work-Life Balance Policies which allows our staff to spend more quality time with their children. View our cookie policy. Shared parental leave is designed to give parents the flexibility to decide when to return to work and allow families to spend time together in the early stages of a child's life. 15.96 Pregnant employees have the right to paid time off for antenatal care. 15.73 Any such work must be by agreement and neither the employer nor the employee can insist upon it. 15.84 Absence on maternity / adoption / shared parental leave (paid and unpaid) up to 52 weeks before a further NHS appointment shall not constitute a break in service. i) in the event of a pay award or move to a higher pay point being implemented before the paid maternity leave period begins, the maternity pay should be calculated as though the pay award or new pay point had effect throughout the entire Statutory Maternity Pay calculation period. 15.108 Employment as a doctor in training in a general practice setting in accordance with the provisions of the Trainee Practitioner Scheme, shall not be regarded as a break in service and shall count as service. Agenda for change 15.93 Employees on paid and unpaid maternity / adoption / shared parental leave retain their right to the annual leave and public holidays provided by Section 13 or such other terms and conditions as such be applicable to the employee. 15.49 Following notification of their intention to take shared parental leave, an employee should provide notice to book a period of leave. We use cookies to give you the best experience on our website. The total receivable cannot exceed full pay; ii) for the next 18 weeks of absence the employee will receive half of full pay plus any ShPP. Shared parental leave was introduced in 2015, a new form of leave which sought to mitigate the rigidity of maternity and paternity leave, where a woman taking maternity leave would be eligible for up to 52 weeks’ leave, but a co-parent (the child’s father or mother’s partner, sharing the main responsibility for the care of the child) only up to two weeks. Download the guidance in full. 15.105 Paragraph 15.117 contains further information on statutory entitlements. I qualify for NHS maternity pay which looks like this: 2 months- full pay 4 months- half pay 3 months- Statutory maternity pay 3 months- … The employee will receive full pay less any statutory paternity pay receivable. Your NHS pensions contributions whilst on leave . Version 12485 Download 469.49 KB File Size 1 ... Shared-Parental-Leave.pdf: Download : Download. NHS 24 Shared Parental Leave Date Live : November 2016 Page 4 of 28 5. The individual must have earned at least an average of £30 (gross) a week in 13 of those 26 weeks (not necessarily continuously). 15.70 An employee may work up to a maximum of twenty SPLiT days without bringing their shared parental leave to an end. Payments in respect of locum cover for sickness or parental leave will not be pro-rated. Events. 15.112 All eligible employees are entitled to two weeks of new parent support leave which can be taken around the time of the birth or the placement of the child for adoption. 15.57 An employee may withdraw their notice to book discontinuous blocks of leave within 15 days of submitting their notice providing an agreement has not been reached with their employer about when they will be absent from work. It applies in respect of children who are expected to be born on or after 5 April 2015. 15.109 Employers have the discretion to count other previous NHS service or service with other employers. iii) the length of any period of accrued annual leave which it has been agreed may be taken following the end of the formal adoption leave period (see paragraphs 15.93 and 15.94); 15.37 Where an employee intends to return to work the amount of occupational adoption pay receivable is as follows: i) for the first eight weeks of absence the employee will receive full pay, less any Statutory Adoption Pay receivable; ii) for the next 18 weeks the employee will receive half of full pay, plus any Statutory Adoption Pay receivable, providing the total receivable does not exceed full pay; iii) for the next 13 weeks, the employee will receive any Statutory Adoption Pay that they are entitled to under the statutory scheme; 15.38 By prior agreement with the employer, occupational adoption pay 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 adoption leave period. 15.18 If the employee subsequently wants to change the date from which they wish their leave to start, they should notify their employer at least 28 days beforehand (or, if this is not possible, as soon as is reasonably practicable beforehand). 15.114 Full pay will be calculated on the basis of the average weekly earnings rules used for calculating occupational maternity / adoption pay entitlements. 15.5 Paragraphs 15.44 to 15.64 of this section set out the shared parental leave and pay entitlements of NHS employees under the NHS occupational scheme. 15.92 For staff on medical or dental contracts that are covered by this section the general principle will apply that there should be no detriment to pay progression or annual leave accrual as a result of taking maternity/adoption/shared parental leave. The guidance shows various scenarios illustrating how occupational shared parental leave and pay should work in a number of situations under section 15 (England & Wales) of the NHS terms and conditions of service. Where occupational adoption pay has been paid in a different way, and the employee subsequently chooses to access shared parental leave and pay, the employer may need to recalculate payments to ensure that there has not been any over or underpayment of entitlements. 15.25 If an employee is off work ill, or becomes ill, with a pregnancy-related illness during the last four weeks before the expected week of childbirth, maternity leave will normally commence at the beginning of the 4th week before the expected week of childbirth or the beginning of the next week after the employee last worked, whichever is the later. Information on maternity allowance is available on the government website https://www.gov.uk/maternity-allowance. 15.28 Where an employee’s baby is born before the 11th week before the expected week of childbirth and the employee has worked during the actual week of childbirth, maternity leave will start on the first day of the employee’s absence. 15.56 An employee is not entitled to withdraw a notice for a single continuous block of leave but may do so with the employer’s express permission. However, this may be extended by local agreement in exceptional circumstances. 15.52 Requests for single blocks of leave cannot be refused. ShPP can be claimed following the birth or placement of the child, but not at the same time as the compulsory two weeks of leave following the birth or placement of the child. 15.13 Employers should have due regard to the need to eliminate discrimination and advance equality of opportunity under their public sector equality duty. Shared Parental Leave and Pay Explained - This webinar is aimed at employees looking to start a family and interested in find out how the can share the leave and pay with their partner. i) for the first six weeks of absence the employee will receive full pay. Shared Parental Leave – Letter unsuccessful request for Discontinuous Leave 51 12. Shared Parental Pay. However, this may be extended by local agreement in exceptional circumstances, for example, where employees have sick pre-term babies or multiple births. Shared Parental Leave – Letter to invite to meeting to discuss request for Discontinuous Leave 50 11. If such a pay award was agreed retrospectively the maternity pay should be re-calculated on the same basis; iii) in the case of an employee on unpaid sick absence or on sick absence attracting half pay during the whole or part of the period used for calculating average weekly earnings, in accordance with the earnings rules for Statutory Maternity Pay purposes, average weekly earnings for the period of sick absence shall be calculated on the basis of notional full sick pay as set out in the provisions at section 14.4 and 14.5 of this agreement. iv) the length of any period of accrued annual leave which it has been agreed may be taken following the end of shared parental leave (see paragraphs 15.93 and 15.94). Antenatal care includes relaxation and parent-craft classes as well as appointments for antenatal care. 15.6 Paragraphs 15.65 to 15.82 set out arrangements for Keeping in Touch days and shared parental leave in touch days, and arrangements for returning to work. Shared parental leave is designed to give parents more flexibility in how to share the care of their child in the first year following birth or adoption. The review will look at the requested pattern of leave and discuss possible alternatives. 15.94 Where unused annual leave and public holidays exceed local provisions for carry over to the next leave year it may be beneficial to the employer and employee for the employee to take the unused annual leave and public holidays before and/or after the agreed (paid and unpaid) maternity / adoption / shared parental leave period. In instances where the employee specifies no date, leave will commence on the start date of the first period of discontinuous leave that was originally applied for. Employees who have nominated caring responsibilities are entitled to: 15.110 This provision builds on statutory paternity leave and pay and applies to the father of the child (including adoptive fathers), the mother’s spouse or partner (whether opposite or same sex) or nominated carer. 15.51 Each of the three notices to book leave may include a single, continuous or discontinuous block of leave. Providing deliberately inaccurate information may also lead to the employing organisation taking disciplinary or other action against the employee. All eligible employees have a statutory right to take Shared Parental Leave. Eight weeks’ notice must be given but flexibility should be provided in the event of early and late births. Shamelessly posting for traffic I’m currently 29 weeks. This is irrespective of whether one or both parents are NHS employees as shared parental leave and pay is a joint entitlement. Where occupational maternity pay has been paid in a different way, and the employee subsequently chooses to access shared parental leave and pay, the employer may need to recalculate payments to ensure that there has not been any over or underpayment of entitlements. 15.64 Employees are also entitled to take a further 13 weeks as unpaid leave to bring the total for shared parental leave to 50 weeks. i) the employee’s paid and unpaid leave entitlements under this agreement (or statutory entitlements if the employee does not qualify under this agreement); ii) unless an earlier return date has been given, by the employee, their expected return date, based on their 52 weeks paid and unpaid leave entitlement under this agreement; iii) the length of any period of accrued annual leave which it has been agreed may be taken following the end of the formal maternity leave period (see paragraphs 15.93 and 15.94); iv) the need for the employee to give at least 28 days of notice if they wish to return to work before the expected return date. Shared Parental Leave You may be eligible to share parental leave and pay with your partner. 15.46 It is the responsibility of the employee to ensure that all information provided is accurate. Parents will be able to share a pot of leave, and can decide to be off work at the same time and/or taking it in turns to have periods of leave to look after the child. Camden and Islington NHS Foundation Trust believes that it is a mutual benefit to the Trust and its employees to work in partnership with Staff side. A comprehensive service to keep journalists informed about the work of NHS Employers. HM Revenue & Customs . Career. 15.2 Employees can choose to end their maternity or adoption leave to access shared parental leave. The following breaks in service will be disregarded (but do not count as service), i) a break in service of three months or less will be disregarded. 15.99 An employee who satisfies the conditions in paragraph 15.14, 15.15 or 15.17, except that they do not intend to work with the same or another NHS employer for a minimum period of three months after their maternity, adoption, or shared parental leave has ended, will be entitled to pay equivalent to Statutory Maternity / Adoption / Shared Parental Pay. Facilities should be suitably located and where necessary should provide appropriate facilities for the new or expectant mother to lie down. We use cookies to give you the best experience on our website. How the occupational element of pay works. 15.83 Employees subject to fixed-term or training contracts which expire after the 11th week before the expected week of childbirth, or the date of matching, or the 15th week before the baby’s due date if applying via a surrogacy arrangement, and who satisfy the relevant conditions in paragraphs 15.14, 15.15 or 15.17 shall have their contracts extended so as to allow them to receive the 52 weeks, which includes paid occupational and statutory maternity / adoption / shared parental pay, and the remaining 13 weeks of unpaid maternity / adoption / shared parental leave. 15.47 It is recommended that organisations develop their own local shared parental leave policy and processes in partnership with local staff sides to ensure application processes are consistent and to enable local audit procedures to be carried out where necessary, ensuring equality duties are met. Unpaid leave, up to a maximum of six and a half hours per appointment can be accessed. 15.11 Paragraph 15.117 explains how to get further information about employees’ statutory entitlements. 15.48 Shared parental leave and pay must be taken within one year of the birth of the child, or the date the child was placed with the family in cases of adoption. 15.40 Employees are also entitled to take a further 13 weeks as unpaid leave to bring the total of leave to 52 weeks. 15.42 Should the adoption break down (“Be disrupted”) the employee will be entitled to continue their adoption leave and receive the appropriate payment for that time. The leave does not have to be taken in one continuous block; one or both parents can return to work and then take a further period of shared parental leave, provided that they comply with the notice requirements. 2 This section, agreed by the UK Staff Council for application from 1 April 2019 includes provisions already put in place in Scotland on 2 April 2015 by DL(2015)5, and subsequently included in the Supporting the Work-Live Balance Partnership Information Network (PIN) policy. 15.107 Employers may at their discretion extend the period specified in paragraph 15.106. If such a pay award was agreed retrospectively, the adoption pay should be re-calculated on the same basis; ii) in the event of a pay award or move to a higher pay point being implemented during the paid adoption leave period, the adoption pay due from the date of the pay award or new pay point should be increased accordingly. Shared parental leave SPL (Shared parental leave) is a statutory right which provides eligible parents with more flexibility in how they share the care of their child in the first year following birth or adoption. In Scotland, this section should be read in conjunction with the most up to date PIN policies which can be found at www.staffgovernance.scot.nhs.uk. 1 Scotland has its own established pay progression arrangements which will continue to operate until the revised approach negotiated through the Scottish terms and conditions committee is put in place. NHS Employers offers NHS organisations a comprehensive range of events, seminars and conferences to share best practice, get informed and network with colleagues. 15.106 For the purposes of calculating whether the employee meets the qualification set out in paragraph 15.14, 15.15 or 15.17 to have had 12 months of continuous service with one or more NHS employers, NHS employers include health authorities, NHS boards, NHS trusts, and the Northern Ireland Health Service and are set out in Annex 1. 15.90 During maternity leave (both paid and unpaid) an employee retains all of their contractual rights, except remuneration. The aim of this policy is to ensure the safety of pregnant and nursing mothers and to set out the entitlements to time off with pay and unpaid periods of leave, where appropriate, for employees requesting maternity, paternity (maternity support), shared parental leave or adoption leave. In the limited circumstances where the employer refuses the requested pattern, they will explain the reason for the refusal. 15.36 Following discussion with the employee, the employer should confirm in writing: ii) unless an earlier return date has been given by the employee, their expected return date, based on their 52 weeks paid and unpaid leave entitlement under this agreement; and. Once the 15th day has passed any changes to a period of leave must be made by using a variation notice and a minimum of eight weeks’ notice must be provided. Ensures all employees understand the procedure for accessing maternity, maternity support (paternity), shared parental leave, adoption or parental ... same or other NHS employer for at least three months. If such a pay award was agreed retrospectively, the shared parental pay should be re-calculated on the same basis; ii) in the event of a pay award or move to a higher pay point being implemented during the paid shared parental leave period, the shared parental pay due from the date of the pay award or new pay point should be increased accordingly. You and your partner may be able to get Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) if you’re having a baby or adopting a … In such circumstances the employee’s contract will be extended to enable the practitioner to complete the agreed programme of training. NHS Employers offers NHS organisations a comprehensive range of events, seminars and conferences to share best practice, get … 15.82 If an employee who has notified their employer of their intention to return to work for the same or a different NHS employer, in accordance with paragraph 15.14, 15.15 or 15.17 fails to do so within: i) 15 months of the beginning of their maternity / adoption leave, or. This includes notices to vary a previously agreed pattern of leave. 15.88 To ensure equality of access to the provisions in this Section: a. where an employee changes employer because their training programme has required them to do so, and. ii) employment under the terms of an honorary contract; iii) employment as a locum in a general practice setting for a period not exceeding 12 months; iv) a period of up to 12 months spent abroad as part of a definite programme of postgraduate training on the advice of the postgraduate dean or college or faculty advisor in the speciality concerned; v) a period of voluntary service overseas with a recognised international relief organisation for a period of 12 months, which may exceptionally be extended for 12 months at the discretion of the employer which recruits the employee on their return; vi) absence on an employment break scheme in accordance with the provisions of Section 34 of this Handbook; vii) absence on maternity leave, adoption leave, or shared parental leave (paid or unpaid) as provided for under this agreement; vii) for doctors and dentists in training, time spent outside of NHS employment (employers not listed at Annex 1) in an Out of Programme (OOP) placement approved by the Postgraduate Dean; viii) for doctors and dentists in training, time spent employed in the health service of a UK Crown Dependency as part of an approved training programme. 15.17 An employee working full-time or part-time will be entitled to paid and unpaid shared parental leave under the NHS occupational shared parental leave and pay scheme if: i) they have 12 months’ continuous service (see paragraphs 15.106 to 15.109) with one or more NHS employers at the beginning of the 11th week before the expected week of childbirth, or at the beginning of the week in which they are notified of being matched with a child for adoption, or by the 15th week before the baby’s due date if applying via a surrogacy arrangement; ii) they notify their employer of their wish to take shared parental leave and provide a minimum of eight weeks’ notice, through the submission of a booking notification form or other local process, which will confirm: (a) their intention to take shared parental leave; iii) they confirm that the other parent meets the statutory “employment and earnings test” by being an employed or self-employed earner in the UK for a total of 26 weeks (not necessarily continuously) in the 66 weeks preceding the week the child is due to be born or matched for adoption. 15.55 In instances where a discontinuous period of leave has been refused and an alternative period has not been agreed during the discussion period, the total combined weeks’ leave requested on that notice may be taken as a single continuous block. If a pay-step review cannot be conducted prior to the pay-step date the pay-step point should be automatically applied in the individual’s absence. 2. to legislation governing maternity, paternity, adoption, shared parental or surrogacy leave. As stated on the statutory forms, some employers may provide their own standard forms for employees to use. Receipt of fostering allowances and payments during the fostering phase of placement will not affect any adoption pay payable under this agreement. If a KIT /SPLiT day is worked in the full pay period, the employer will make arrangements to ensure the employee receives a day of paid leave in lieu once the employee has returned to work. Payment in lieu may be considered as an option where accrual of annual leave and public holidays exceeds normal carry over provisions, providing this would not cause a breach in the Working Time Regulations 1998. 15.33 Where an employee is pregnant or has recently given birth or is breastfeeding, the employer must carry out a risk assessment of their working conditions. SHARED PARENTAL LEAVE 2.1 Shared parental leave (SPL) is a form of leave available to working parents following the birth or adoption of a child. The employee has five days from the end of the two-week discussion period in which to confirm the date their leave will commence. The practice will be paid at the invoiced cost, and up to a maximum of £1,751.52 (£1,143.06 for the first two weeks of parental leave). 15.95 Pension rights and contributions shall be dealt with in accordance with the provisions of the NHS Pension Scheme Regulations. A spokesman said: “As part of the NHS staff council pay, terms and conditions deal we have a commitment to look at enhancing shared parental leave for all NHS staff. Great reasons to register with NHS Employers, Occupational shared parental leave scenario guidance, NHS Terms and Conditions of Service Handbook, Very senior managers - SpHAs, ambulance trusts, Diversity and Inclusion Partners Programme. Shared parental leave is aimed at giving parents more flexibility over how they share childcare between them during the first year. NHS Worker Shared Parental Leave. Where inaccurate information is provided that leads to overpayment of statutory or occupational entitlements, the employing organisation will have a right to reclaim any overpayment. Shared parental leave could involve returning to work for a period of time and then resuming leave at a later date. (ShPP), followed by 18 weeks half pay plus ShPP. 15.80 If it is agreed that the employee will return to work on a flexible basis, including changed or reduced hours, for an agreed temporary period, this will not affect the employee’s right to return to their job under their original contract, at the end of the agreed period. 15.27 Where an employee’s baby is born alive prematurely, the employee will be entitled to the same amount of maternity leave and pay as if their baby was born at full term. 15.68 KIT / SPLiT days are intended to facilitate a smooth return to work for employees returning from maternity, adoption, or shared parental leave. This amount can be amended from time to time by the Secretary of State. iv) for the final 13 weeks, the employee will receive no pay. 15.21 By prior agreement with the employer, occupational maternity pay 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 maternity leave period. Tuesday, December 11, 2018. If such a pay award was agreed retrospectively the adoption pay should be re-calculated on the same basis; iii) in the case of an employee on unpaid sick absence or on sick absence attracting half pay during the whole or part of the period used for calculating average weekly earnings, in accordance with the earnings rules for Statutory Adoption Pay purposes, average weekly earnings for the period of sick absence shall be calculated on the basis of notional full sick pay as set out in the provisions at section 14.4 and 14.5 of this agreement. 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