Maternity, Paternity, Shared Parental and Adoption Leave and Pay · 2020. 2. 12. · 8. Shared...

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Source: HR & Communications Directorate Status: Approved Document Ref: PP(19)169 Issue date: February 2020 Review date: February 2022 Page 1 of 61 Policies and Procedures Trust Policy and Procedure Document ref. no: PP(20)169 MATERNITY, PATERNITY, SHARED PARENTAL & ADOPTION LEAVE & PAY For use in: All areas of the Trust (Clinical and Non-Clinical) For use by: All staff groups on Agenda for Change Terms and Conditions and all Medical Staff. Some sections are relevant to individuals who are registered with West Suffolk Professionals. Use for: Maternity, Paternity, Shared Parental & Adoption Leave and Pay Entitlements Document owner: Executive Director of Workforce and Communications Status: Approved Purpose of this document To provide staff on Agenda for Change Terms and Conditions of Employment, all medical staff and individuals with registration to West Suffolk Professionals, with clear advice and guidance on their rights to Maternity, Paternity, Shared Parental and Adoption leave and pay entitlements. Contents Page MATERNITY 1. Introduction 4 2. West Suffolk Professionals Registration 4 3. Time off for Ante Natal Care 5 4. Action Required 5 5. Notification of Pregnancy - Employee 5 6. Notification of Pregnancy Employer (Line Manager) 6 7. New & Expectant Mothers Risk Assessment Checklist - NEM 6 8. Ordinary Maternity Leave 7 9. Additional Maternity Leave 7 10. Maternity Allowance 7 11. Statutory Maternity Pay Scheme 8 12. NHS Contractual Maternity Pay Scheme 9 13. Uncertain About Returning to Work 10 14. Pay Arrangements 11 15. Childcare Vouchers 11 16. Pension Contributions 11 17. Sickness Absence During Pregnancy 12 18. Maternity Leave following Premature Birth 12 19. Annual Leave 12

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Page 1: Maternity, Paternity, Shared Parental and Adoption Leave and Pay · 2020. 2. 12. · 8. Shared Parental Leave – Employee – Period of Leave Notice 46 9. Shared Parental Leave –

Source: HR & Communications Directorate Status: Approved Document Ref: PP(19)169 Issue date: February 2020 Review date: February 2022 Page 1 of 61

Policies and Procedures

Trust Policy and Procedure Document ref. no: PP(20)169

MATERNITY, PATERNITY, SHARED PARENTAL & ADOPTION LEAVE & PAY

For use in: All areas of the Trust (Clinical and Non-Clinical)

For use by: All staff groups on Agenda for Change Terms and Conditions and all Medical Staff. Some sections are relevant to individuals who are registered with West Suffolk Professionals.

Use for: Maternity, Paternity, Shared Parental & Adoption Leave and Pay Entitlements

Document owner: Executive Director of Workforce and Communications

Status: Approved

Purpose of this document To provide staff on Agenda for Change Terms and Conditions of Employment, all medical staff and individuals with registration to West Suffolk Professionals, with clear advice and guidance on their rights to Maternity, Paternity, Shared Parental and Adoption leave and pay entitlements. Contents Page

MATERNITY

1. Introduction 4

2. West Suffolk Professionals Registration 4

3. Time off for Ante Natal Care 5

4. Action Required 5

5. Notification of Pregnancy - Employee 5

6. Notification of Pregnancy – Employer (Line Manager) 6

7. New & Expectant Mothers Risk Assessment Checklist - NEM 6

8. Ordinary Maternity Leave 7

9. Additional Maternity Leave 7

10. Maternity Allowance 7

11. Statutory Maternity Pay Scheme 8

12. NHS Contractual Maternity Pay Scheme 9

13. Uncertain About Returning to Work 10

14. Pay Arrangements 11

15. Childcare Vouchers 11

16. Pension Contributions 11

17. Sickness Absence During Pregnancy 12

18. Maternity Leave following Premature Birth 12

19. Annual Leave 12

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20. Keeping in Touch days 13

21. Returning from Maternity Leave 13

22. Post Natal Care & Breast Feeding Mothers 14

23. Miscarriage & Still Birth 15

PATERNITY

24. Ordinary Paternity Leave 16

SHARED PARENTAL LEAVE

25 Introduction 18

26 Definitions of Shared Parental Leave 18

27 Scope – Shared Parental Leave 18

28 Amount of Shared Parental Leave Available 19

29 Eligibility for Shared Parental Leave 19

30 Notice requirements for Shared Parental Leave 20

31 Maternity Leave Curtailing Notice – Mother 21

32 Notice of Entitlement & Intention – All Employees 21

33 Timescales 23

34 Variation of Cancellation 23

35 Period of Leave Notice – All Employees 24

36 Limit on number of Period of Leave Notices 24

37 Continuous Period of Shared Parental Leave 24

38 Discontinuous Periods of Shared Parental Leave 24

39 Statutory Shared Parental Pay 25

40 Eligibility for Statutory Shared Parental Pay 25

41 Amount of Shared Parental Pay to be Paid 26

42 Employment rights during Shared Parental Leave 27

43 Contact during Shared Parental Leave 27

44 SPLIT Days 27

45 Returning to Work 27

ADOPTION

46. Introduction 28

47. Time Off for Adoption Appointments 28

48. Eligibility 28

49. Pay and Leave 28

50. Notification of Adoption 29

OTHER

51. Employment of Temporary Staff to cover Maternity/Adoption Absences

29

52. Further advice 29

53. Review 29

54. Document Configuration 29

APPENDICES

1. Application for Maternity/Adoption Entitlements 32

2. Employee Maternity Notification Letter 34

3. Employer Receipt of Maternity Notification Letter 35

4. Paternity Leave – Application Form 36

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5. Shared Parental Leave – Mother – Maternity Leave Curtailment Notice

37

6. Shared Parental Leave – Mother – Notice of Entitlement & Intention

38

7. Shared Parental Leave – Partner – Notice of Entitlement & Intention

42

8. Shared Parental Leave – Employee – Period of Leave Notice 46

9. Shared Parental Leave – Employee – Vary Notice of Entitlement & Intention

48

10. Shared Parental Leave – Letter to invite to meeting to discuss request for Discontinuous Leave

50

11. Shared Parental Leave – Letter unsuccessful request for Discontinuous Leave

51

12. Shared Parental Leave – Letter successful request for Discontinuous Leave

52

13. New & Expectant Mothers (NEM) Risk Assessment Checklist 53

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MATERNITY 1. INTRODUCTION

The legislation and regulations surrounding maternity leave and pay entitlements are complicated. This policy is designed to help employees to understand their statutory rights and responsibilities when they are pregnant or have recently given birth. This includes details of arrangements for attending antenatal appointments, pregnancy related illness, annual leave accrual and maternity pay and leave entitlements. The basic entitlements laid down by the Employment Act are as follows:

1. Paid time off for antenatal care

2. Statutory Maternity Pay

3. Maternity Leave

4. The right to return to work after maternity leave

5. Protection against unfair dismissal and detriment

Where the policy relates to ‘partner’ this includes same sex partners.

IMPORTANT - In addition staff already taking Child Care Vouchers should carefully read Section 15 as soon as they are aware that they are pregnant again as this can affect the amount of maternity pay they receive.

2. WEST SUFFOLK PROFESSIONALS (WSP BANK) REGISTRATION Individuals with a registration on the WSP Bank only will be entitled to maternity leave, and may be entitled to Maternity Allowance or Statutory Maternity Pay. They should follow the guidance in this policy, noting that they:

Must visit WSP to have a New & Expectant Mothers Risk Assessment Checklist carried out as soon as the pregnancy is confirmed

Must book a Maternity Chat with an HR Assistant around the 16th - 20th week of pregnancy

Must complete all of the maternity documentation (as explained during their Maternity Chat) within the required timescales

Must provide their original MAT B1 Certificate to the HR Department

Do not have entitlement to paid time off for antenatal appointments

Are entitled to 52 weeks Maternity Leave (comprising 26 weeks of Ordinary Maternity Leave (OML) and 26 weeks of Additional Maternity Leave (AML)

May be entitled to Maternity Allowance or Statutory Maternity Pay (SMP)

Must write to WSP to confirm the details of their return to work eight weeks before they intend to return to working WSP shifts

Must formally resign in writing to WSP if they do not intend to return to work.

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3. TIME OFF FOR ANTENATAL CARE Any pregnant employee, regardless of their length of service or hours worked, is entitled to time off to keep appointments for antenatal care. If an appointment falls during an employees working hours, they may request paid time off from their Manager. This should not be unreasonably refused, but employees should give as much notice of antenatal appointments as possible, and try to arrange them near to the start or end of their working day. For the first antenatal appointment, the employee will not need to provide medical evidence of pregnancy or an appointment. Managers may ask for proof of the second or any subsequent appointments if further time off is requested. (Proof can be in the form of an appointment card or another document confirming details of the appointment). Time off for pregnancy testing is not included. Fathers and partners of pregnant employees are entitled to unpaid time off to attend up to TWO ante-natal appointments.

4. ACTION REQUIRED All pregnant employees should arrange a meeting with their line manager as soon as their pregnancy is confirmed, so that a New & Expectant Mothers Risk Assessment Checklist can be carried out. During the 16 - 20 weeks of pregnancy, employees must make an appointment for a Maternity Chat with an HR Assistant. During the chat, the HR Assistant will explain the rules and regulations surrounding maternity pay and leave, including the regulations around Shared Parental Leave and Pay. The HR Assistant will issue the employee with the relevant forms and standard letters required, along with a Maternity Checklist. Employees must complete and return the required maternity paperwork as indicated on the Maternity Checklist. All employees must complete the maternity paperwork, whether or not they are entitled to Statutory Maternity Pay, as they may be entitled to other benefits from the Department of Social Security.

5. NOTIFICATION OF PREGNANCY – EMPLOYEE A pregnant employee must notify their line manager of the intention to take maternity leave

before the end of their 25th week of pregnancy, or as soon as reasonably practicable.

The earliest date an employee may start maternity leave is the beginning of the 29th week of pregnancy.

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The EMPLOYEE will need to notify her employer (LINE MANAGER) in writing (using Appendix 2) of the following:

That they are pregnant

The week the baby is expected to be born

When they intend to start their maternity leave (this date can be amended but has to be in writing to the employer (Line Manager) at least 28 days in advance of the maternity start date).

6. NOTIFICATION OF PREGNANCY – EMPLOYER (LINE MANAGER) The EMPLOYER (Line Manager) is required to respond to the employee’s notification of their leave plans, and must complete the Receipt of Maternity Notification Letter (using Appendix 3) as follows:

Within 28 days of receiving the employee’s notification letter

Inform the employee of the date they are expected to return to work if they take the full entitlement to maternity leave (i.e. 52 weeks)

Protection from detriment – if the employer (Line Manager) does not give the required notification, they are not able to prevent the employee from leaving early. The employee is protected against detriment or dismissal if they fails to return on the due date. Reasonable contact – the employer (Line Manager) and employee are entitled to make reasonable contact with each other whilst the employee is on maternity leave. Before going on maternity leave, the employer (Line Manager) and employee should agree any voluntary arrangements for making reasonable contact.

7. NEW & EXPECTANT MOTHERS RISK ASSESSMENT CHECKLIST - NEM This section applies to all employees, whether or not they intend to return to work following their maternity leave. Employees are entitled to work for as long as they wish, up to their date of confinement.

Employees MUST arrange an appointment with their Line Manager to complete the New & Expectant Mothers Risk Assessment Checklist (APPENDIX 13) as soon as the pregnancy is confirmed and the Checklist should be reviewed at regular intervals during the pregnancy.

If the NEM Risk Assessment Checklist identifies a risk, the employee should be removed from the workplace and an alternative area of work should be identified. In such circumstances, further support and advice will be available from Occupational Health and HR.

If the employee works nights, and considers that night work could affect her health and safety, a medical certificate stating this will be required.

Managers should be aware of any potential health hazards within the employees working area to both mother and baby, including employees still breastfeeding.

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If no suitable alternative area of work can be found, the employee will be placed on special leave on full pay until either suitable alternative employment can be offered or maternity leave commences. Where alternative work is provided, the employee will receive no less than their normal rate of pay.

An employee can self-refer to Occupational Health at any point during their pregnancy.

8. ORDINARY MATERNITY LEAVE (OML) All pregnant employees are entitled to 26 weeks Ordinary Maternity Leave (OML), regardless of their length of continuous employment. During the period of OML, the employee’s contract of employment remains in force and they are entitled to receive all of their normal contractual benefits, except for salary. Salary will be replaced by Maternity Allowance, Statutory Maternity Pay (SMP) or the NHS Contractual Maternity Pay Scheme, if the employee is eligible. (SEE SECTIONS 10, 11 and 12).

9. ADDITIONAL MATERNITY LEAVE (AML) All pregnant employees are entitled to 26 weeks Additional Maternity Leave (AML), which starts immediately after the end of their Ordinary Maternity Leave. During the period of AML, the employee’s contract of employment remains in force and they are entitled to receive all of their normal contractual benefits, except for salary.

If the employee is eligible, salary will be replaced by Statutory Maternity Pay (SMP) for the first 13 weeks of AML and the remaining 13 weeks of AML will be unpaid.

10. MATERNITY ALLOWANCE Any pregnant employee who is not entitled to receive Statutory Maternity Pay (SMP) or the NHS Contractual Maternity Pay may be entitled to claim Maternity Allowance if:

They are employed, but are not eligible for SMP (SEE SECTION 11)

They earned £30 per week averaged over any 13 weeks in their test period

Earnings from employment are used to work out Maternity Allowance. If an employee does not qualify for SMP or Maternity Allowance, they may be able to get Employment and Support Allowance (ESA) instead. If they have made a claim for Maternity Allowance, they do not have to make a separate claim for ESA; Jobcentre Plus will automatically check their eligibility for this. How much do you get? Maternity Allowance pays a standard weekly rate of £145.18 (from 1st April 2018) or 90 per cent of average gross weekly earnings (before tax), whichever is the lesser amount. Maternity Allowance is paid for a maximum period of 39 weeks.

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How is Maternity Allowance paid? Maternity Allowance can be paid every two weeks or every four weeks directly into the employee’s bank or building society account. The earliest Maternity Allowance can be claimed is from the 29th week of pregnancy. The latest it can be claimed is from the day following the child’s birth. Maternity Allowance Process Employees intending to claim Maternity Allowance should still follow the process outlined in this policy, ensuring that they complete a NEM Risk Assessment Checklist and make an appointment for a Maternity Chat with an HR Assistant between the 16th and 20th week of pregnancy. Employees must also ensure that they bring their MAT B1 Certificate (issued by their GP or Midwife) to the HR Department as soon as they receive it. This will enable HR to process the information and send the MAT B1 Certificate to Payroll Services, who will then return the MAT B1 Certificate to the employee, along with an SMP1 form. The employee must then take both the SMP1 form and MAT B1 Certificate to their local Jobcentre Plus/Social Security Officer, where they will be processed and any Maternity Allowance due will be paid.

11. STATUTORY MATERNITY PAY SCHEME The Statutory Maternity Pay Scheme is paid by the Trust to all pregnant employees who:

Are employed by the Trust during their 25th week of pregnancy

Are employed by the Trust without a break for at least 26 weeks at their 25th week of pregnancy

Provide medical evidence of the week the baby is expected to be born; a MAT B1 Certificate which should be taken to the HR Department as soon as it is received from their GP or Midwife. This is usually issued around the 26th week of pregnancy.

Earnt at least £116 a week (gross in the 2018/2019 tax year) in an 8 week qualifying period for it to be relevant for National Insurance (NI) purposes.

Are still pregnant at the 29th week of pregnancy (or have given birth).

Have notified the Trust by their 25th week of pregnancy when they intend to stop working and when they would like their SMP to start. (SEE SECTION 5)

There is a disqualification to claim the Statutory Maternity Pay Scheme if the employee leaves the Trust before their 29th week of pregnancy.

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In addition:

The Statutory Maternity Pay Scheme is treated as earnings and is subject to PAYE and NI deductions

The Statutory Maternity Pay Scheme cannot start before the 29th week of pregnancy, but it can commence on any day of the week

The Statutory Maternity Pay Scheme is payable even if the employee does not intend to return to work

Payment: Employees qualifying for the Statutory Maternity Pay Scheme will receive the following pay during their maternity leave:

Six weeks at 90% of their average earnings (includes shift allowances and overtime payments)

33 weeks at Statutory Maternity Pay (or 90% of their earnings for the full 39 weeks if this is less than Statutory Maternity Pay)

12. NHS CONTRACTUAL MATERNITY PAY SCHEME The NHS offers an enhanced maternity pay package to all employees who have twelve months continuous service at their 29th week of pregnancy, and who confirm that they will return to a substantive contract of employment with the NHS for at least three months following their maternity leave. Eligibility Criteria:

Employees who take this option but then do not return to NHS substantive employment will be liable to repay the difference between this scheme and the Statutory Maternity Pay Scheme back to the Trust.

For part time staff/low earners, during the 18 weeks half pay plus SMP, the total amount received cannot exceed the employees normal full pay amount.

Returning to reduced hours or a different job within the NHS would still qualify, as long as the employee returns to a substantive contract of employment. Returning only to WSP Bank Registration or a locum contract would not qualify.

Special provisions apply to those staff in training or on fixed term contracts whose contract would expire during their maternity leave period. Their contract will be extended by the appropriate number of weeks to ensure that they receive the full Statutory Pay or NHS Contractual Maternity Pay, if eligible.

If the employee normally receives lump sum car expenses, they will continue to receive this benefit and it will be payable in accordance with NHS Agenda for Change Terms and Conditions.

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Payment: Employees who qualify for the NHS Contractual Maternity Pay Scheme will receive the following pay during their maternity leave:

8 weeks at full pay

18 weeks at half pay plus SMP (this cannot exceed the amount they would normally receive as full pay)

13 weeks at SMP only

The NHS Contractual Maternity pay element can be spread over 52 or 39 weeks. Statutory Maternity Pay is a statutory requirement and has to be paid as per the guidelines set by HM Revenue and Customs.

Please indicate on the Maternity Entitlements form which option you wish to take for the payment of your NHS Contractual Maternity Pay.

13. UNCERTAIN ABOUT RETURNING TO WORK Employees may be uncertain as to whether they wish to return to work after maternity leave and will not wish to be in the situation of having to repay maternity entitlements if they have opted to take the enhanced NHS Contractual Maternity Pay Scheme, should they decide not to return.

Employees who qualify for the NHS Contractual Maternity Pay Scheme but are uncertain as to whether they wish to return to work may take the Statutory Maternity Pay Scheme (as explained in SECTION 11.

Employees who choose to take this option will receive the balance of their entitlement to the NHS Contractual Maternity Pay Scheme (less the benefits already received) on their first payday following their return to work.

In order for the employee to qualify for the remaining balance of the NHS Contractual Maternity Pay Scheme, they must state their intention to return and remain with the NHS for at least three months in a substantive post (WSP Bank registration and locum posts do not count).

If the employee decides not to return to work for the West Suffolk NHS Foundation Trust, they must formally write to their Line Manager, who will acknowledge receipt of the resignation and inform the HR Department.

Returning to a substantive post with another NHS Employer qualifies as returning to work. In such cases, the employee should submit a copy of their unconditional offer letter or contract of employment to the HR Department within twelve months of commencing their maternity leave. Failure to submit confirmation of employment will require the employee to repay the difference between the NHS Contractual Maternity Pay Scheme and the Statutory Maternity Pay Scheme.

If the employee does not return to work, their Manager should notify the HR Department who will inform Payroll Services to take the necessary action to recover the difference between the Statutory Maternity payment and the NHS Contractual Maternity Pay due back to the Trust.

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14. PAY ARRANGEMENTS Employees on maternity leave will be paid on the normal payday (on or around the 25th of the month). To calculate your average weekly earnings your employer will average your gross earnings over a period of at least eight weeks up to and including the last payday before the end of your qualifying week. The qualifying week is the 15th week before the week your baby is due. Please contact payroll directly to obtain your reference period.

15. CHILDCARE VOUCHERS Scheme prior to 4th October 2018 - Childcare vouchers are classed as a non-cash benefit and qualify for a tax and national insurance exemption only when used by the employee to pay for registered or approved childcare. This salary sacrifice scheme is only valid to employee’s who were already registered and have taken vouchers in the twelve month period from Oct 2017 – Oct 2018. The following paragraphs are only applicable if the employee meets the above criteria:

To comply with a European ruling and in line with relevant statute, i.e. Maternity and Parental Leave Regulations 1999 and the Paternity and Adoption Leave (Amendment) Regulations 2008, an employee is entitled to receive her contractual non-cash benefits during both Ordinary Maternity Leave and Additional Maternity Leave.

The employee must decide whether to stay in the scheme or opt out. If they stay in the scheme, they must be aware that their SMP/OMP may be affected, as calculations will be made according to their reduced salary. Statutory Maternity Pay (SMP) is calculated on the amount of average weekly earnings during the “qualifying week” (25th week of pregnancy).

If an employee decides to opt out of the scheme because they wish to receive the full amount of any contractual maternity pay, they will be unable to rejoin the scheme until they return from maternity leave.

If the employee does not qualify under the criteria above they will be able to apply for the tax free childcare but this does not come to payroll. The following link is very helpful in explaining the new scheme: www.childcarechoices.gov.uk

16. PENSION CONTRIBUTIONS Employees who pay into the Pension Scheme will continue to have their contributions deducted during paid maternity leave only. If the employee returns to work after a period of unpaid maternity leave, they will have any missed contributions deducted from their salary when they return to work:

One month contribution missed – deducted from first months’ salary

Two months’ contributions missed – deducted from first two months’ salary

Three months’ contributions missed – deducted from first three months’ salary

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Employees who do not return to work following their maternity leave will cease their membership of the Pension Scheme on their last day of service before the commencement of maternity leave.

17. SICKNESS ABSENCE DURING PREGNANCY Sickness absence prior to the 36th week of pregnancy will be classed as normal sick leave, even if it is pregnancy related. Medical certificates or self-certification should be provided in accordance with normal leave provisions. From the 36th week of pregnancy onwards, if an employee is absent from work due to pregnancy related illness, her Ordinary Maternity Leave will automatically start from the first day of sickness. If the illness is not pregnancy related, this will be classed as normal sick leave until the agreed maternity leave commencement date.

18. MATERNITY LEAVE FOLLOWING PREMATURE BIRTH If the birth occurs earlier than the 29th week of pregnancy, the employee should notify their manager. The Ordinary Maternity Leave period will begin on the day childbirth occurs. If the baby needs to remain in hospital, there is an option for the maternity leave period to be split – the first part (minimum of two weeks) being taken when the birth occurs, and the balance being taken when the baby is discharged from hospital.

19. ANNUAL LEAVE For permanent staff, the Trust Annual Leave year always starts on the 1st April and runs to the 31st March. This does not include Medical Staff (Doctors), where the holiday year runs from their individual start date with the Trust. For staff on a fixed term contract of employment, the Annual Leave year usually follows the start and finish date of their contract. Employees continue to accrue annual leave/bank holiday entitlement due under their contract of employment during their maternity leave. This must normally be taken before maternity leave starts, unless the employee expects to return to work during the current leave year, in which case they can request to take any outstanding holiday before the start of the new leave year. All annual leave must be authorised by the employees Line Manager. Where unused annual leave and public holidays exceed local provisions for carry over to the next leave year it may be beneficial to the Trust and the employee for the employee to take the unused annual leave and public holidays before and/or after the agreed (paid and unpaid) maternity leave period. The amount of annual leave and public holidays to be taken in this way, or carried over, should be discussed and agreed with the Trust and the employee. Payment in lieu may be considered as an option where accrual of annual leave and public holidays exceed normal carry over provisions. When the employee returns to work, their Line Manager will recalculate their inclusive leave entitlement.

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20. KEEPING IN TOUCH (KIT) DAYS Employees may work ‘Keeping in Touch’ days during their maternity leave (with the exception of the first two weeks following the birth) for up to ten days (calculation based on the employees contractual hours per week) without bringing their maternity pay and leave entitlement to an end. Any Keeping in Touch days worked will not extend the maternity leave period. PROCESS – The employees Line Manager must email the HR Department to advise the dates and actual hours that the employee has worked any Keeping in Touch day(s). This information will then be processed and passed to Payroll Services. The employee will be paid at their normal daily rate for the hours worked, less the maternity pay already paid for that period. PROTECTION – There is an automatic unfair dismissal right if a dismissal relates to the fact that an employee undertook, considered undertaking or refused to undertake work on a Keeping in Touch day. Employees also have the right not to be subjected to any detriment by their employer because they took, considered undertaking or refused to undertake work on such a day.

21. RETURNING FROM MATERNITY LEAVE All employees are entitled to take 52 weeks maternity leave and should return to work within

that period, except for Medical Staff (Doctors) who are entitled to take up to fifteen months maternity leave.

If an employee intends to return to work at the end of her full maternity leave entitlement (i.e. after one year), no further notification is required. However, employees must contact the HR Department as soon as they return to ensure they are re-instated onto the payroll system.

Employees who wish to return before the end of their full maternity period must provide eight weeks written notice to their manager and HR of any changes they wish to make (unless this is not reasonably practicable). Their manager must then respond in writing to this request within 28 days of receipt, confirming the revised date of expected return, and inform the HR Department.

Where there is a failure to give eight weeks notice of the change, the manager will have the discretion to postpone the employee’s date of return until the time that such notice would have had effect.

If the employee returns to work after a period of Ordinary Maternity Leave they are entitled to return to the job in which they were employed before the absence.

If the employee returns to work after a period of Additional Maternity Leave they are entitled to return to either the job in which they were employed before the absence, or, if impracticable, they have the right to return to another job which is both suitable and appropriate. The terms and conditions of the new job role must not be less favourable.

If the employee is unable or does not wish to return to that job, they can apply to return to reduced hours or a different job. In such circumstances, the employee would still be entitled to claim maternity leave/pay; Bank or locum employment would not qualify. However, there

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is no right to return to a different job or reduced hours, and it will be the employees responsibility to request such a change through discussion with their manager and the use of the Trust Flexible Working – The Right to Request Policy PP()127. If a manager is unable to meet an employee’s request this must be discussed with the HR Department.

If the employee is unable to attend work at the end of her maternity leave due to sickness or injury, the Trust’s normal arrangements for sickness absence will apply. In any other case, late return without prior authorisation will be treated as unauthorised absence.

Medical Staff (Doctors) are required to give 28 days written notice if they wish to return to work before the end of their full maternity leave, and should give 28 days written notice of any further changes to their return date.

If a member of Medical Staff (Doctors) who has notified the Trust of her intention to return to work for the same or a different NHS employer fails to do so within fifteen months of commencing maternity leave, she will be liable to refund the whole of her maternity pay, less any Statutory Maternity Pay received.

22. POST NATAL CARE AND BREAST FEEDING MOTHERS The following facilities are available to all employees of the West Suffolk NHS Foundation Trust, including students who are on a clinical attachment:

Baby changing facilities are provided in visitor’s toilets (at the front and rear of the hospital).

The Time Out Restaurant welcomes visitors, including babies and children who may sit in the designated visitor’s area.

Rest areas are available in the Time Out Restaurant for staff to take a break during the day.

The baby changing room in the antenatal/gynaecology clinic can be utilised by new mothers to express their milk, by contacting the 519 bleep holder. There is no storage facility for expressed milk in this location.

During the night, new mothers who express their milk are advised to provide a suitable cool bag with ice packs to store the expressed milk.

Please note, babies and children are not allowed to stay in hospital sleeping accommodation on site. They may disturb students or night workers who need to sleep during the day. Married student accommodation is not possible at present.

For employees whose base is not the West Suffolk Hospital

Please speak to your line manager who will be able to suggest an appropriate dedicated space in relation to your specific base location.

Information

The Workplace (Health, Safety and Welfare) Regulations 1992 require suitable facilities to be provided for workers who are pregnant or breast-feeding to rest.

There is no time limit to breastfeeding, and it is up to the new mother to decide how long they wish to breastfeed for.

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New mothers who have chosen to breastfeed their baby may be exposed to risks that could damage health and safety

23. MISCARRIAGE AND STILL BIRTH Please refer to the Agenda for Change Terms and Conditions of Employment, or contact an HR Officer.

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PATERNITY 24. ORDINARY PATERNITY LEAVE The Employment Act 2002 introduced the right for Paternity Leave and Pay for employees whose children are expected to be born, or are born, on or after the 6th April 2003. Eligibility for Ordinary Paternity Leave

Employee has, or expects to have, responsibility for the baby’s upbringing.

Is either the biological father or the birth mother’s husband or partner.

Has 26 weeks continuous service with the Trust in the mothers 25th week of pregnancy and continues in their employment up to the date of the birth.

Employee wishes to take time off to care for the new baby or to support the birth mother.

Employees who adopt may also take Paternity Leave, if they do not take adoption leave. Amount and Timing of Ordinary Paternity Leave

Up to two weeks leave, which must be taken consecutively (i.e. not two separate weeks)

Employee will receive pay at their normal rate for the paternity leave period

Paternity leave must be taken within 56 days of the birth. If the baby arrives early, it must be taken between the date of birth and 56 days from the original expected week of confinement.

If the mother has more than one baby as a result of the same pregnancy, the period of two weeks paternity leave remains the same.

Eligibility for Statutory Paternity Pay (SPP)

Must be earning an average weekly salary at or above the Lower Earnings Limit for National Insurance at the mothers 25th week of pregnancy.

Must give the HR Department a signed declaration confirming that they: o Will be taking leave to care for either the new baby or support the mother o Have or expect to have responsibility for the baby’s upbringing. o Is the father of the child or the mother’s husband or partner. (Partner refers to a person

living with the mother in a family relationship, but not a blood relative). Notification Required

Notification of intention to take paternity leave is required no later than the mother’s 25th week of pregnancy, using APPENDIX 4. Please note that there are strict regulations around the notification deadline, and late applications cannot be processed. In these cases the employees can request to take annual leave or unpaid leave, this will be subject to approval by the Manager. You do not need to wait for the MAT B1 before the application can be submitted to HR.

The employee must confirm the date the baby is due, and a copy of the MAT B1 Certificate must be given to the HR Department, as soon as available.

The employee must advise whether they intend to take one or two week’s paternity leave.

The date the employee wishes to commence their paternity leave must be given. This date can be changed, provided 28 days written notice of the new date is submitted to the employee’s manager and the HR Department.

The employee must inform the Trust of the baby’s actual date of birth as soon as practicable and should take a copy of the birth certificate to the HR Department.

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Employment Rights

The employee is entitled to the benefits of all terms and conditions of employment.

The employee is entitled to return to the same job.

The employee is protected from dismissal or unfair treatment on the grounds that Paternity Leave was either taken or intended to be taken.

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SHARED PARENTAL LEAVE

25. INTRODUCTION

Shared Parental Leave is a new type of leave that is available to parents, regardless of gender, with babies due on or after 5 April 2015. Shared Parental Leave enables mothers to commit to ending their Maternity Leave and Pay at a future date, and to share the untaken balance of leave and pay as Shared Parental Leave and Pay with their partner, or to return to work early from maternity leave and opt in to Shared Parental Leave and Pay at a later date. Employees who adopt will have the same rights to Shared Parental Leave.

Shared Parental Leave should not be confused with Ordinary Parental Leave, which is the entitlement of up to 18 weeks' unpaid leave See Policy PP()066 Special Leave for Domestic, Personal and Family Reasons.

The Shared Parental Leave provisions are complex, so if an employee wishes to take Shared Parental Leave, they should discuss this with the HR Directorate to ensure that the correct process is followed.

26 DEFINITIONS FOR SHARED PARENTAL LEAVE

The following definitions are used in this section:

"Mother" means the birth mother or expectant birth mother of the child.

"Partner" means the father of the child, or the person who, at the date of the child's birth, is married to, the civil partner of, or the partner of the mother. This includes someone, regardless of gender, who lives with the mother and the child in an enduring family relationship but who is not the mother's child, parent, grandchild, grandparent, sibling, aunt, uncle, niece or nephew.

EWC - Expected week of childbirth means the week, starting on a Sunday, during which the mother's doctor or midwife expects them to give birth.

27 SCOPE – SHARED PARENTAL LEAVE

The Shared Parental Leave provisions apply to employees of the Trust, whether they are the mother or the partner.

If the mother is employed by the Trust, but the partner is not, the partner must (where relevant) submit any notifications to take Shared Parental Leave set out in this policy to their own employer.

If the partner is employed by the Trust, but the mother is not, the mother must (where relevant) submit any notifications to take Shared Parental Leave to their own employer.

The mother and her partner should ensure that they are both liaising with their own employers so that requests for Shared Parental Leave can be handled effectively.

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28 AMOUNT OF SHARED PARENTAL LEAVE AVAILABLE

The amount of Shared Parental Leave available will depend on when the mother brings their maternity leave period to an end and the amount of leave that the other parent takes in respect of the child.

Shared Parental Leave must be taken in blocks of at least one week.

It can be requested in one continuous block, which the Trust is required to accept as long as the employee meets the eligibility and notice requirements.

It can be requested as a number of discontinuous blocks of leave, which needs the Trust's agreement. A maximum of three requests for leave per pregnancy can normally be made by each parent.

The first two weeks following birth are the compulsory maternity leave period and are reserved for the mother. Therefore the mother cannot curtail their maternity leave to take Shared Parental Leave until two weeks after the birth. The maximum period that the parents could take as Shared Parental Leave is 50 weeks between them.

However, the mother's partner can begin a period of Shared Parental Leave at any time from the date of the child's birth, but should bear in mind that they are entitled to take up to two weeks' Ordinary Paternity Leave following the birth of their child, which they will lose if Shared Parental Leave is taken first. The mother and partner must take any Shared Parental Leave within 52 weeks of birth.

29 ELIGIBILITY FOR SHARED PARENTAL LEAVE For employees to be eligible to take Shared Parental Leave, both parents must meet certain eligibility requirements. MOTHER - is eligible for shared parental leave if they:

Have at least 26 weeks' continuous employment ending with the 15th week before the EWC and remains in continuous employment with the Trust until the week before any period of Shared Parental Leave they take;

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

Are entitled to statutory maternity leave in respect of the child; and

Comply with the relevant maternity leave curtailment requirements (or has returned to work before the end of statutory maternity leave), and Shared Parental Leave Notice and evidence requirements.

In addition, for the mother to be eligible for Shared Parental Leave, the partner must:

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

Have average weekly earnings of at least the maternity allowance threshold [currently £30] for any 13 of those 66 weeks; and

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

PARTNER - is eligible for shared parental leave if they:

Have at least 26 weeks' continuous employment ending with the 15th week before the EWC and remains in continuous employment until the week before any period of shared parental leave that they take;

Has, at the date of the child's birth, the main responsibility, apart from the mother, for the care of the child; and

Complies with the relevant Shared Parental Leave Notice and evidence requirements.

In addition, for the partner to be eligible for Shared Parental Leave, the mother must:

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

Have average weekly earnings of at least the maternity allowance threshold [currently £30] for any 13 of those 66 weeks;

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

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

Comply with the relevant maternity leave or pay curtailment requirements (or have returned to work before the end of Statutory Maternity Leave).

30 NOTICE REQUIREMENTS FOR SHARED PARENTAL LEAVE

There are 3 notices that the parents must give to their relevant employers to be able to take Shared Parental Leave:

Maternity Leave Curtailment Notice - from the mother setting out when they propose to end their maternity leave (unless the mother has already returned to work from maternity leave);

Notice of Entitlement and Intention from the employee giving an initial, non-binding indication of each period of Shared Parental Leave that they are requesting.

Period of Leave Notice - from the employee setting out the start and end dates of each period of Shared Parental Leave that they are requesting.

The notice periods set out below for the 3 notifications are the minimum required by law. However, the earlier the employee informs the Trust of their intentions, the more likely it is that the Trust will be able to accommodate the employee's wishes, particularly if they want to take periods of discontinuous leave.

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If employees have already decided the pattern of Shared Parental Leave that they would like to take, they can provide more than one type of notice at the same time. E.g. the mother could provide a Maternity Leave Curtailment Notice, Notice of Entitlement and Intention and Period of Leave Notice at the same time. Similarly, the partner could provide their Notice of Entitlement and Intention and Period of Leave Notice at the same time.

31 MATERNITY LEAVE CURTAILING NOTICE - MOTHER

Before the mother or partner can take Shared Parental Leave, the mother must either return to work before the end of her maternity leave (by giving the required eight weeks' notice) or provide their employer with a Maternity Leave Curtailment Notice. This notice must be in writing and state the date on which the maternity leave is to end.

That date must be:

after the compulsory two week maternity leave period after birth;

at least eight weeks after the date on which the mother gave the Maternity Leave Curtailment Notice to her employer; and

at least one week before what would be the end of the additional maternity leave period.

The mother must provide her Maternity Leave Curtailment Notice at the same time they provide either the Notice of Entitlement and Intention or a Declaration of Consent and Entitlement signed by the mother confirming that their partner has given their employer a Notice of Entitlement and Intention.

Withdrawal

The mother can withdraw her Maternity Leave Curtailing Notice in limited circumstances. This must be in writing and can only be withdrawn if the mother has not returned to work. The mother can withdraw their maternity leave curtailment notice if:

it is discovered that neither the mother nor the partner are entitled to Shared Parental Leave or Statutory Shared Parental Pay and the notice is withdrawn within eight weeks of the date on which the notice was given;

the Maternity Leave Curtailment Notice was given before the birth of the child and the mother withdraws this notice within six weeks of the child's birth; or

the partner has died.

32 NOTICE OF ENTITLEMENT AND INTENTION – ALL EMPLOYEES

The employee, whether the mother or the partner must provide the Trust with a non-binding Notice of Entitlement and Intention. This notice must be in writing and provided at least eight weeks before the start date of the first period of Shared Parental Leave to be taken by the employee. It must set out the following information.

If the employee is the mother:

Mother's name.

Partner's name.

Start and end dates of any Statutory Maternity Leave taken or to be taken by the mother.

Total amount of Shared Parental Leave available.

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The child's EWC or the child's date of birth (if the child has not yet been born, the date of birth can be provided as soon as reasonably practicable after birth, and before the first period of Shared Parental Leave to be taken by the mother).

How much Shared Parental Leave the mother and partner each intend to take.

A non-binding indication as to when the employee intends to take Shared Parental Leave (including the start and end dates for each period of leave).

The mother's Notice of Entitlement and Intention must include a declaration signed by her that:

they satisfy, or will satisfy, the eligibility requirements to take Shared Parental Leave;

the information they give in the Notice of Entitlement and Intention is accurate;

they will immediately inform the Trust if she ceases to care for the child.

In addition, the mother's Notice of Entitlement and Intention must include a declaration signed by her partner:

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

Declaring that the partner satisfies, or will satisfy, the eligibility for Shared Parental Leave

Declaring that the partner is the father of the child, or is married to, the civil partner of, or the partner of, the mother

Declaring that the partner consents to the amount of leave that the mother intends to take

Declaring that the partner consents to the mother's employer processing the information in the partner's declaration

If the employee is the partner:

The partner's name

The mother's name

Start and end dates of any periods of Statutory Maternity Leave, Statutory Maternity Pay or maternity allowance taken or to be taken by the mother

Total amount of Shared Parental Leave available

the child's EWC or the child's date of birth (if the child has not yet been born, the date of birth can be provided as soon as reasonably practicable after birth, and before the first period of Shared Parental Leave to be taken by the partner)

How much Shared Parental Leave the partner and mother each intend to take

A non-binding indication as to when the partner intends to take Shared Parental Leave (including the start and end dates for each period of leave)

The partner's notice of entitlement and intention must include a declaration signed by the partner that:

They satisfy, or will satisfy, the eligibility requirements to take Shared Parental Leave

Information given by the partner in the Notice of Entitlement and Intention is accurate

They will immediately inform the Trust if they cease to care for the child or if the mother informs them that they no longer meets the requirement to have curtailed her maternity leave or pay period

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In addition, the partner's Notice of Entitlement and Intention must include a declaration signed by the mother:

Specifying the mother's name, address, and national insurance number (or declaring that the mother does not have a national insurance number)

Declaring that the mother satisfies, or will satisfy, the eligibility for Shared Parental Leave and they will notify the partner if they no longer qualify for maternity leave, statutory maternity pay or maternity allowance

Declaring that the mother consents to the amount of leave that the partner intends to take

Declaring that they will immediately inform the employee if they no longer meets the requirement to have curtailed the maternity leave or pay period

Declaring that the mother consents to the partner's employer processing the information in the mother's declaration

Should the baby arrive early and the mother wishes to amend their Notice of Entitlement and Intention they can do so using the variation form, see section 34.

33 TIMESCALES

Within 14 days of receiving a Notice of Entitlement and Intention from the employee, whether the mother or partner, the Trust can request from the employee:

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

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

The employee has 14 days from the date of the request to send the Trust the required information.

34 VARIATION OR CANCELLATION

Proposed Shared Parental Leave dates given in a Notice of Entitlement and Intention can be varied or cancelled by the employee submitting a written notice to the Trust which must contain:

An indication as to when the employee intends to take Shared Parental Leave (including start and end dates for each period of leave)

Details of any periods of Shared Parental Leave that have been notified through a Period of Leave Notice

Details of any periods of Statutory Shared Parental Pay that have been notified in relation to periods where Shared Parental Leave was not to be taken

A declaration signed by the mother and the partner that they agree to the variation

Any indication of leave intended to be taken that the employee provides in a variation of Notice of Entitlement and Intention is non-binding until they provided a Period of Leave Notice in relation to that period of leave. There is no limit on the number of variations of Notice of Entitlement and Intention that the employee can make.

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35 PERIOD OF LEAVE NOTICE – ALL EMPLOYEES

To take Shared Parental Leave, the employee must provide the Trust with a written Period of Leave Notice setting out the start and end dates of each period of Shared Parental Leave requested in that notice.

This Period of Leave Notice must be given not less than eight weeks before the start date of the first period of Shared Parental Leave requested in the notice. The notice may be given at the same time as a Notice of Entitlement and Intention and can be a request for a continuous period of leave or discontinuous periods of leave.

VARIATION OR CANCELLATION

Proposed Shared Parental leave dates given in a Period of Leave Notice can be varied or cancelled by providing the Trust with a written notice not less than eight weeks before any period of leave varied or cancelled by the notice is due to commence. The written notice can:

vary the start date or the end date of any period of Shared Parental Leave or cancel a request for leave;

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

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

36 LIMIT ON NUMBER OF PERIOD OF LEAVE NOTICES

The employee can provide a combined total of up to three Period of Leave Notices or variations of Period of Leave Notices per pregnancy.

37 CONTINUOUS PERIOD OF SHARED PARENTAL LEAVE

If a Period of Leave Notice requests one continuous period of leave that Period of Leave has to be granted.

38 DISCONTINUOUS PERIODS OF SHARED PARENTAL LEAVE

The employee may submit a Period of Leave Notice requesting discontinuous periods of leave, to allow the employee and partner to alternate childcare responsibilities.

In this case the Trust in the two weeks beginning with the date the Period of Leave Notice was given can:

consent to the pattern of leave requested;

propose an alternative pattern of leave; or

refuse the pattern of leave requested.

If agreement is reached within those two weeks, the employee is entitled to take the leave on the dates agreed.

Where no agreement has been reached within the two-week deadline the employee is entitled to take the leave as one continuous period. In this case the employee must choose a start date for the leave that is at least eight weeks from the date on which the Period of Leave Notice was originally given.

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The employee must notify the Trust of the start date within five days of the end of the two-week discussion period. If the employee does not do this, the period of continuous leave will start on the date of the first period of leave requested in the Period of Leave Notice.

If the Trust has refused the request or no agreement has been reached during the two-week discussion period, the employee may withdraw a Period of Leave Notice requesting discontinuous periods of leave. The employee can withdraw a Period of Leave Notice at any time on or before the 15th day after the Period of Leave Notice was given.

A notice for discontinuous leave that has been withdrawn before it is agreed does not count towards the total number of requests for leave that an employee can make.

39 STATUTORY SHARED PARENTAL PAY

Statutory Shared Parental Pay is available for eligible parents to share between them while on Shared Parental Leave. The number of weeks' Statutory Shared Parental Pay available will depend on how much Statutory Maternity Pay or Maternity Allowance the mother has been paid when her maternity leave or pay period ends.

A total of 39 weeks' Statutory Maternity Pay or Maternity Allowance is available to the mother. There is a compulsory maternity leave period of two weeks, this means that a mother who ends her maternity leave at the earliest opportunity could share up to 37 weeks' Statutory Shared Parental Pay with their partner.

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

The Trust will offer an enhanced Shared Parental Pay to mothers and partners similar to the NHS Contractual Maternity Pay Scheme, where appropriate. See Section 12.

If the Shared Parental Leave is taken by both mother and partner at the same time it is up to the parents as to who is paid the Statutory Shared Parental Pay and how it is apportioned between them. It is essential that both employers are informed of the leave and pay arrangements.

40 ELIGIBILITY FOR STATUTORY SHARED PARENTAL PAY

To be eligible for Statutory Shared Parental Pay, both parents must meet certain eligibility requirements.

MOTHER - is eligible for Shared Parental Pay if they:

have at least 26 weeks' continuous employment ending with the 15th week before the EWC and remains in continuous employment with the Trust until the week before any period of Shared Parental Pay that they get;

have normal weekly earnings for a period of eight weeks ending with the 15th week before the EWC of at least the lower earnings limit for national insurance contribution purposes;

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

are absent from work and intends to care for the child during each week in which they receive statutory shared parental pay; and

are entitled to Statutory Maternity Pay in respect of the child, but the maternity pay period has been reduced.

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In addition, for the mother to be eligible for Statutory Shared Parental Pay, the partner must:

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

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

have average weekly earnings of at least the maternity allowance threshold [currently £30] for any 13 of those 66 weeks.

PARTNER - is eligible for Shared Parental Pay if they:

have at least 26 weeks' continuous employment ending with the 15th week before the EWC and remains in continuous employment with his/her employer until the week before any period of shared parental pay that he/she gets

have normal weekly earnings for eight weeks ending with the 15th week before the EWC of at least the lower earnings limit for national insurance contribution purposes

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

are absent from work and intends to care for the child during each week in which he/she receives statutory shared parental pay

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

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

have average weekly earnings of at least the maternity allowance threshold [currently £30] for any 13 of those 66 weeks

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

be entitled to Statutory Maternity Pay or Maternity Allowance in respect of the child, but the maternity pay period or maternity allowance period has been reduced.

41 AMOUNT OF SHARED PARENTAL PAY TO BE PAID:

Mother - The Trust will pay Statutory Parental Leave Pay to the Mother if they meet the eligibility criteria above if they choose to take Shared Parental Leave.

However, if the Mother was eligible and chose to take the NHS Enhanced Contractual Maternity Pay option (see Section 12) the Trust will pay Enhanced Shared Parental Pay to mirror the payment structure had they stayed on Maternity Leave.

Partner who is a Trust Employee - The Trust will pay Statutory Parental Leave Pay to the Partner if they meet the eligibility criteria above when they take Shared Parental Leave.

In addition, if the Partner meets the eligibility criteria for the NHS Enhanced Contractual Maternity Pay option (see Section 12) the Trust will pay Enhanced Shared Parental Pay to mirror the payment structure of the NHS Enhanced Contractual Maternity Pay Option.

Partner who is not a Trust Employee - If the Partner is not an employee of the Trust they will be required to liaise with their own employer regarding Shared Parental Leave and Pay.

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42 EMPLOYMENT RIGHTS DURING SHARED PARENTAL LEAVE

All terms and conditions of the employee's contract except normal pay will continue. Salary will be replaced by Statutory Shared Parental Pay or pay under the Trust’s Enhanced Shared Parental Pay scheme (linked to NHS Occupational Maternity Pay) if the employee is eligible for this.

All other benefits will remain in place, holiday entitlement will continue to accrue, and pension contributions will continue to be deducted.

43 CONTACT DURING SHARED PARENTAL LEAVE

The Trust has the right to maintain reasonable contact with employees during periods of Shared Parental Leave. This may be to discuss employees' plans for their return to work, to discuss any special arrangements to be made or training to be given to ease their return to work or to update them on developments at work during their absence.

44 SPLIT DAYS

An employee can agree to work/attend training for up to 20 days during Shared Parental Leave without that work bringing the period of their Shared Parental Leave and Pay to an end. These are known as "shared-parental-leave-in-touch" (SPLIT) days.

The Trust has no right to require employees to carry out any work and employees have no right to undertake any work during their Shared Parental Leave. The employee will be paid at their normal daily rate for the hours worked on a SPLIT day, less the Shared Parental Pay they have already received for those hours.

45 RETURNING TO WORK AFTER SHARED PARENTAL LEAVE

The employee has the right to return to work in the same job when returning from Shared Parental Leave if the period of leave, when added to any other period of Shared Parental Leave, Statutory Maternity Leave or Statutory Paternity Leave taken by the employee in relation to the same child, is 26 weeks or less.

If the employee is returning from Shared Parental Leave and the period taken is more than 26 weeks, when added to any period of Shared Parental Leave, Statutory Maternity or Paternity Leave taken in relation to the same child, or was the last of two or more consecutive periods of statutory leave that included a period of ordinary parental leave of more than four weeks, or a period of additional maternity leave, the employee has the right to return to the same job unless this is not reasonably practicable.

If it is not reasonably practicable for the Trust to permit a return to the same job, the employee has the right to return to another job that is suitable and appropriate for them. This mirrors the arrangements for returning from maternity leave.

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ADOPTION

46. INTRODUCTION New rights for Adoption Leave and Pay were introduced by Regulations under the Employment Act 2002. Paid adoption leave is available to employees where an Adoption Agency notifies of a match with a child on or after 6th April 2003. These rights were enhanced by the Paternity and Adoption Leave (Amendment) Regulations 2008 for any employee whose child is expected to be placed for adoption on or after the 1st October 2008.

47. TIME OFF FOR ADOPTION APPOINTMENTS

From 5 April 2015 the government changed the rights on adoption leave and pay:

The main adopter, regardless of gender, will be able to take paid time off for up to five adoption appointments. The secondary adopter will be entitled to take unpaid time off for up to two appointments.

48. ELIGIBILITY Adoption leave and pay are an entitlement to individuals who adopt, or one member of a

couple who adopt jointly. Where a couple adopts and one person takes the Adoption Leave and Pay, the other person may be entitled to Paternity Leave.

The employee applying for Adoption leave and pay must be newly matched with a child by an Adoption Agency.

From 5th April 2015 Adoption leave became a "day one" right, employees will not need to have 26 weeks' continuous employment to be eligible.

An employee who is a step-parent adopting a child would not be eligible for Adoption leave or pay.

49. ADOPTION LEAVE AND PAY Adoption leave and pay mirrors Maternity leave and pay. Please refer to SECTIONS 8 and 9

for Ordinary and Additional entitlement and Pay entitlement. For rights on returning to work following Adoption leave, please refer to SECTION 21.

Process

The employee should obtain their Matching Certificate. A copy should be given to the employees Line Manager and the HR Department as proof of the employee’s entitlement to Adoption leave and pay.

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Adoption leave can be taken from the date of the child’s placement, or from a fixed date which can be up to 14 days before the expected date of the child’s placement.

Adoption leave can start on any day of the week.

Only one period of Adoption leave is available, even if more than one child is placed at the same time.

If the placement ends during the Adoption leave period, the Adopter can continue the leave for a period of up to eight weeks after the placement has ended.

Eligible employees' will be able to "opt" into the new Shared Parental Leave scheme (See

Section 25).

50. NOTIFICATION OF ADOPTION Adopters must inform their Line Manager of their intention to take Adoption Leave within

seven days of their notification of a placement. They must advise of the placement date and the date they wish to commence their Adoption leave, as per the instructions outlined above.

Adopters are required to notify their manager of the date they expect any payment of

Statutory Adoption Pay (SAP) to start, at least 28 days in advance, unless not reasonably practicable.

Employers are required to acknowledge the notification of adoption within 28 days, and

advise the date the employee is due back at work following the Adoption leave.

51. EMPLOYMENT OF TEMPORARY STAFF TO COVER MATERNITY, PATERNITY or ADOPTION ABSENCES

ACTION TO BE TAKEN:

Budget: Obtain a Vacancy Approval for the post. The Trust is refunded 92% of the SMP element of maternity pay.

Job Description: Ensure that the post is endorsed as Fixed Term.

Advertisements: Ensure Fixed Term is inserted in the advert, along with the reason for it being a Fixed Term post and the estimated duration, if known.

Interviews: Explain to candidate the following:

- the reason why the job is Fixed Term, i.e. to cover the maternity leave of an individual.

- The estimated date of termination if the exact date is unknown.

-

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Conditional & Ensure that the above points are covered

Unconditional Letters:

Termination of Contact: The temporary employee should be given a fixed term contract (See Policy PP()071.) and given the period of notice as in the statement of terms and conditions of employment, if the contract is to be terminated early because of a return from maternity leave. Trust policy applies to early termination or non-renewal of fixed term contracts for any other reason.

52. FURTHER ADVICE

The legislation regarding Maternity, Paternity and Adoption Entitlements is complex and we encourage Managers to discuss maternity leave with the HR & Communications Directorate.

FURTHER ADVICE ON THE APPLICATION OF MATERNITY, PATERNITY, PARENTAL AND ADOPTION LEAVE, PAY AND STATUTORY MATERNITY PAY PROVISIONS CAN BE OBTAINED FROM THE HR & COMMUNICATIONS DIRECTORATE OR PAYROLL SERVICES.

53. REVIEW

This policy will be reviewed on an annual basis by the Executive Director of Workforce and Communications in consultation with Trust Council.

54. DOCUMENT CONFIGURATION

Author(s): Angie Manning, HR Manager

Other contributors:

Approvals and endorsements: Trust Council

Consultation: Trust Council

Issue no: 7

File name: CharlieS/Personnel/Angie/policies/Maternity & Adoption Policy

Supercedes: PP(15)169

Equality Assessed Yes – form completed

Implementation Policies will be distributed by the IG Manager to General Managers, Service Managers and all Ward/Department Managers. Policy will be available on the Trust Intranet Site.

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Monitoring: (give brief details how this will be done)

Implementation, compliance and effectiveness of this policy will be monitored by the HR & Communications Directorate on an ongoing basis. This will be achieved by monitoring the use of the policy using the maternity excel database. Ensuring 100% of pregnant employees complete the necessary paperwork to receive maternity/adoption leave and pay.

Other relevant policies/documents & references:

Agenda for Change Terms & Conditions – Section 15. Employment Act 2002 Maternity & Parental Leave (Amendment) Regulations 2008 Paternity & Adoption Leave (Amendment) Regulations 2008 Work and Families Act 2006 Children and Families Act 2014 Shared Parental Leave Regulations 2014 (SI 2014/3050) Statutory Shared Parental Pay (General) Regulations 2014 (SI 2014/3051) Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations 2014 (SI 2014/3052) Statutory Maternity Pay and Statutory Adoption Pay (Curtailment) Regulations 2014

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APPLICATION FOR MATERNITY/ADOPTION ENTITLEMENTS

Name of employee

Job Title:

Home Address

Due Date:

OPTION A – to be completed if you only have a West Suffolk Professionals (bank) Registration – may receive Statutory Maternity Pay or Maternity Allowance.

I shall be absent from wort owing to pregnancy from………………. (date) and intent to return to work for the West Suffolk Professionals bank after my maternity leave. Signed:………………………………………………….. Date:………………………………………

OPTION B – to be completed by Permanent of Fixed Term employees who do not intend to return to work after maternity leave. If eligible, will receive Statutory Maternity Pay or Maternity Allowance.

I shall be absent from work owing to pregnancy from……………………. (date) and do not intend to return to work after maternity leave. Signed:…………………………………………………… Date:………………………………………

OPTION C – to be completed by Permanent or Fixed Term employees who wish to return to work after maternity leave. If eligible, will receive NHS Contractual Maternity Pay or Statutory Maternity Pay or Maternity Allowance.

I shall we absent from work owing to pregnancy from…………………….. (date) and intend to return to substantive employment in the NHS following my maternity leave (for a minimum of three month if taking the NHS Contractual Maternity Pay Scheme). If taking the NHS Contractual Maternity Pay Scheme, I understand that if I do not return to work having declared my intention to do so, I shall be liable and agree to repay either all of part of the maternity allowance paid to be min accordance with the Agenda for Change Terms and Conditions of Service. Signed:……………………………………………………. Date:……………………………………

NOTE A – only to be signed if you wish to receive part benefits (Statutory Maternity Pay)

I have given and undertaking to return to duty following maternity leave, but I wish to receive only part benefits in case circumstances arise where I find I am unable to resume my employment after maternity leave. I understand I shall receive the balance of my entitlement on the first payday on my return to work. Signed:…………………………………………………... Date:……………………………………...

APPENDIX 1

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PAYMENTS – please tick how you would like your maternity leave paid

□ Over 9 Months

□ Over 12 Months (please note this would only be the NHS element, and not the Statutory pay)

AUTHORISATION – Head of Department to sign. Please sign all three copies, return two to the HR Office and give one copy to the employee for their records.

Signed:……………………………………………………. Date:…………………………………….

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APPENDIX 2

Date: Name & Address Dear

MATERNITY NOTIFICATION LETTER

I am writing to advise you that I am pregnant and inform you of the following:

Name: ……………………………………………………………………………………….

Job Title: ……………………………………………………………………………………

The baby is expected to be born in the week commencing: ………………………….

I intend to commence my Maternity Leave on: ……………………………………..

I understand that if I wish to change this date I must give 28 days written notice of the new date.

Yours sincerely COPY TO HR DIRECTORATE

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APPENDIX 3

Date: Name & Address Dear

RECEIPT OF MATERNITY NOTIFICATION LETTER

I am writing to confirm receipt of your Maternity Notification Letter dated the …………………., and based on the information provided, I am happy to advise you of the following:

You are entitled to Ordinary Maternity Leave (26 weeks).

You are entitled to Additional Maternity Leave (26 weeks).

Date maternity leave finishes and you are expected to return to work: …………………………

Please note that if you wish to return to work sooner than the above date, you are required to give eight weeks written notice of the date. Yours sincerely

COPY TO HR DIRECTORATE

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APPLICATION FOR ORDINARY PATERNITY LEAVE ENTITLEMENTS

Name of employee:

Job title:

Hours worked:

Department:

Home address:

Telephone number:

PATERNITY LEAVE DETAILS:

Expected week of mother’s confinement:

Number of weeks Ordinary Paternity Leave being requested (maximum of two weeks, which must be consecutive):

Date of Paternity Leave commencement:

Should my application for Paternity Leave be approved, I agree to abide by the conditional scheme and to return to work at the end of the period of time requested. Signature of Applicant: __________________________________ Date: _________________________ Signature of Manager: ___________________________________ Date: _________________________

TO BE COMPLETED BY HR:

Date baby born (to be completed by HR once information has been received)

Attachments – please attach documentary evidence and tick boxes as appropriate:

□ MAT B1 Certificate

□ Birth Certificate

□ Adoption Certificate

P3 completed by HR: Signed by HR Assistant:________________________________ Date: ___________________________

APPENDIX 4

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APPENDIX 5

Mother - To curtail her Maternity Leave to take Shared Parental Leave

Shared Parental Leave: Maternity Leave Curtailment Notice

Name of employee:

Job title:

I wish to bring my Ordinary/Additional Maternity* Leave and Statutory Maternity Pay to an end to be able to take Shared Parental Leave. I have also completed a form providing a Notice of Entitlement and Intention to take Shared Parental Leave/declaration that my partner has provided a notice of entitlement and intention to take shared parental leave* to their employer and that I consent to the amount of leave that they intend to take.

I wish to end my Ordinary/Additional* maternity leave on:

I wish my Statutory Maternity Pay Period (if applicable) to end on:

Signed:

Dated:

Notes

You should complete and submit this form alongside the Trust’s Form for a Mother Notice of Entitlement and Intention or the Declaration that your partner has provided a Notice of Entitlement and Intention to take Shared Parental Leave to his/her employer and that you consent to the amount of leave that he/she intends to take.

PLEASE ensure you have read and understood the whole section on Shared Parental Leave before

submitting this form.

*Please delete as appropriate

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APPENDIX 6

MOTHER - Notice of Entitlement and Intention to take Shared Parental

Leave

Shared Parental Leave: Notice of Entitlement and Intention (mother)

Name of employee:

Job title:

I wish to provide the Trust with an initial indication of my proposed Shared Parental Leave, with the required declarations from myself and my partner.

Section A: information to be provided by employee

My partner's name is:

My maternity leave started/is expected to start* on:

My maternity leave ended/is expected to end* on:

My child's expected week of birth is/child was born on*:

The total amount of Shared Parental Leave my partner and I have available is:

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I intend to take the following number of weeks' Shared Parental Leave:

My partner intends to take the following number of weeks' Shared Parental Leave:

I intend to take Shared Parental Leave on the following dates (include the start and end dates for each period of leave):

The total amount of Shared Parental Pay (if applicable) my partner and I have available is:

I intend to take the following number of weeks' Shared Parental Pay (if applicable):

My partner intends to take the following number of weeks' Shared Parental Pay (if applicable):

I intend to take Shared Parental Pay on the following dates (if applicable):

Section B: declaration to be completed by employee

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

I have/will have* 26 weeks' continuous employment ending with the 15th week before the expected week of childbirth and, by the week before any period of Shared Parental Leave that I take, I will have remained in

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continuous employment with the Trust

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

I am entitled to Statutory Maternity Leave in respect of the child

I have complied with the Trust’s maternity leave curtailment requirements/returned to work before the end of my statutory maternity leave period*, and will comply with the Trust’s Shared Parental Leave Notice and evidence requirements

The information that I have provided is accurate

I will immediately inform the Trust if I cease to care for the child

Section C: declaration to be completed by employee's partner

My name is:

My address is:

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

I satisfy/will satisfy* the following eligibility requirements to enable the mother to take Shared Parental Leave:

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

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

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

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

I consent to the amount of Shared Parental Leave that the mother intends to take

I consent to your Trust processing the information provided in this form

Section D: signatures

Signed (mother):

Dated (mother):

Signed (partner):

Dated (partner):

Notes

This notice is to allow the Trust to check that you are entitled to Shared Parental Leave and consider initially the Shared Parental Leave pattern that you wish to take. This notice is not binding and you must give the Trust at least eight weeks before the first period of Shared Parental Leave that you wish to take.

PLEASE ensure you have read and understood the whole section on Shared Parental Leave before

submitting this form.

*Please delete as appropriate

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APPENDIX 7

PARTNER - Notice of Entitlement and Intention to take Shared Parental

Leave

Shared Parental Leave: Notice of Entitlement and Intention (Partner)

Name of employee:

Job title:

I wish to provide the Trust with an initial indication of my proposed Shared Parental Leave, with the required declarations from myself and the mother.

Section A: information to be provided by employee

The mother's name is:

The mother's maternity leave started/is expected to start* on:

The mother's maternity leave ended/is expected to end* on:

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

My child's expected week of birth is/child was born on*:

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The total amount of Shared Parental Leave the mother and I have available is:

I intend to take the following number of weeks' Shared Parental Leave:

The mother intends to take the following number of weeks' Shared Parental Leave:

I intend to take Shared Parental Leave on the following dates (include the start and end dates for each period of leave):

The total amount of Shared Parental Pay (if applicable) the mother and I have available is:

I intend to take the following number of weeks' Shared Parental Pay (if applicable):

The mother intends to take the following number of weeks' Shared Parental Pay (if applicable):

I intend to take Shared Parental Pay on the following dates (if applicable):

Section B: declaration to be completed by employee

I declare that I satisfy/will satisfy* the following eligibility requirements to take Shared Parental Leave:

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I have/will have* 26 weeks' continuous employment ending with the 15th week before the expected week of childbirth and, by the week before any period of shared parental leave that I take, I will have remained in continuous employment with the organisation

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

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

The information that I have provided is accurate

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

I will immediately inform the Trust if I cease to care for the child or if the child's mother informs me that she has revoked the curtailment of her maternity leave or pay period

Section C: declaration to be completed by the mother

My name is:

My address is:

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

I satisfy/will satisfy* the following eligibility requirements to enable my partner to take Shared Parental Leave:

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

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

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

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

I have curtailed my maternity leave/returned to work before the end of my statutory maternity leave period*

I consent to the amount of Shared Parental Leave that my partner intends to take

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

I consent to your Trust processing the information provided in this form

Section D: signatures

Signed (partner):

Dated (partner):

Signed (mother):

Dated (mother):

NotesThis notice is to allow the Trust to check that you are entitled to Shared Parental Leave and consider initially the Shared Parental Leave pattern that you wish to take. This notice is not binding and you must give the Trust at least eight weeks before the first period of Shared Parental Leave that you wish to take.

PLEASE ensure you have read and understood the whole section on Shared Parental Leave before

submitting this form.

*Please delete as appropriate

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APPENDIX 8

EMPLOYEE – PERIOD OF LEAVE NOTICE TO TAKE SHARED PARENTAL LEAVE

Shared Parental Leave: Period of Leave Notice - Employee

Name of employee:

Job title:

I wish to take the following period(s) of Shared Parental Leave. Please complete either section A or section B.

Section A: please fill out if your child has already been born or if you know the exact dates on which you would like to take Shared Parental Leave.

I intend to take Shared Parental Leave on the following dates (include the start and end dates for each period of leave):

Section B: please fill out if your child has not been born yet and you wish your Shared Parental Leave to start either on the day on which your child is born, or a specified number of days after the day on which your child is born.

I wish my Shared Parental Leave to start on the day on which my child is born/the following number of days after the date on which my child is born*:

I wish my Shared Parental Leave to end the following number of days after the date on

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which my child is born:

Signed:

Dated:

Notes

This notice is to confirm to the organisation the shared parental leave that you intend to take. You must have already submitted a Notice of Entitlement and Intention before using this form. A maximum of three requests for leave per pregnancy can normally be made by each parent

PLEASE ensure you have read and understood the whole section on Shared Parental Leave before

submitting this form.

*Please delete as appropriate

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APPENDIX 9

EMPLOYEE – VARY A NOTICE OF ENTITLEMENT AND INTENTION TO TAKE

SHARED PARENTAL LEAVE

Shared Parental Leave: Variation of Notice of Entitlement and Intention - EMPLOYEE

Name of employee:

Job title:

I previously provided the Trust with an initial indication, in my Notice of Entitlement and Intention dated [date], of my proposed Shared Parental Leave dates. I now wish to amend my proposed Shared Parental Leave dates. My partner and I agree to this change.

I now intend to take Shared Parental Leave on the following dates (include the start and end dates for each period of leave that you now intend to take):

I have already notified the Trust in any Period of Leave Notice or a variation of Period of Leave Notice (if applicable) that I will be taking the following periods of Shared Parental Leave:

My partner has already notified their employer in any Period of Leave Notice or a variation of Period of Leave Notice (if applicable) that he/she will be taking the following periods of Shared Parental Leave:

I have already notified the Trust of the following periods of Statutory Shared Parental Pay (if applicable):

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My partner has already notified their employer of the following periods of Statutory Shared Parental Pay (if applicable):

Signed (mother):

Dated (mother):

Signed (partner):

Dated (partner):

Notes

This variation of Notice of Entitlement and Intention is not binding. You are still required to provide a Period of Leave Notice in relation to the period of leave you wish to change. There is no limit on the number of variations of Notice of Entitlement and Intention that you can make, but you can only give a maximum of three Period of Leave Notices.

PLEASE ensure you have read and understood the whole section on Shared Parental Leave before

submitting this form.

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Letter inviting an employee to a meeting to discuss a request for discontinuous periods of Shared

Parental Leave

Name & Address

Date

Dear

Thank you for your notice requesting the following discontinuous periods of Shared Parental Leave [adapt as required]:

You have requested that your first period of Shared Parental Leave will start on [date] and

finish on [date].

You have requested that your second period of Shared Parental Leave will start on [date]

and finish on [date].

You have requested that your third period of Shared Parental Leave will start on [date] and

finish on [date].

I would like meet to discuss your request to see how your proposed pattern of Shared Parental Leave might work in practice, and the potential implications of your suggested pattern of Shared Parental Leave. I would like you to attend a meeting on [date] at [time]. You are entitled to be supported by either a union representative or work colleague, acting in a non-official capacity, you should make these arrangements for yourself.

I will endeavour to grant your request where possible, but I will need to consider the effects of your proposed pattern of Shared Parental Leave on the Trust, the work of your department and your colleagues. If I cannot approve your request we can discuss possible alternatives with a view to reaching a compromise that suits both parties.

Following the meeting, I will write to you with my decision by [date]. If we cannot agree to your original request or a compromise arrangement by [date that is two weeks from the date Period of Leave Notice was submitted], you will still have the opportunity to take the leave as one continuous period of leave.

You can also withdraw your Period of Leave Notice requesting discontinuous periods of leave, as long as you do so by [date that is 15th day after the period of leave notice was submitted]. A notice for discontinuous leave that has been withdrawn before it is agreed does not count towards the three requests for Shared Parental Leave that you can make.

If you have any questions about the meeting or any aspect of your shared parental leave entitlement, please do not hesitate to contact me.

Yours sincerely

Name Job Title CC - HR Directorate

APPENDIX 10

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APPENDIX 11

Letter advising unsuccessful application for discontinuous periods of Shared Parental

Leave

Name & address

Date

Dear [ ]

Thank you for your notice requesting discontinuous periods of shared parental leave and attendance at a recent meeting to discuss your request. Unfortunately, the Trust is unable to accommodate your request for the following reasons:

This pattern of shared parental leave would [adapt as required]:

have a detrimental effect on the Trusts ability to meet its customers' demands; have a detrimental effect on the Trust’s ability to complete [details of project]; create unacceptable difficulties for the Trust as it [would be/has been] unable to make

arrangements to reorganise your work among other staff; create unacceptable difficulties for the Trust in finding suitable cover for you during your

absences; be inappropriate due to planned structural changes.

You can still take the leave as one continuous period of leave. To do so, you must choose a start date no sooner than [date that is eight weeks from the date on which the period of leave notice was originally given]. You must notify the Trust of that date by [date that is five days after the end of the two-week discussion period]. If you do not choose a start date by this date, the period of continuous leave will start on [date of the first period of leave requested in the period of leave notice].

You can also withdraw your period of leave notice requesting discontinuous periods of leave, as long as you do so no later than [date that is 15th day after the period of leave notice was submitted]. A notice for discontinuous leave that has been withdrawn before it is agreed does not count towards the three requests for shared parental leave that you can make.

If you have any questions about any aspect of your shared parental leave entitlement, please do not hesitate to contact me.

Yours sincerely

Name/Job Title

CC – HR Directorate

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APPENDIX 12

Letter advising successful application for discontinuous periods of Shared Parental

Leave

Name & address

Date

Dear [ ]

Thank you for your notice requesting discontinuous periods of shared parental leave and attendance at a recent meeting to discuss your request. I am pleased to advise that the Trust is able to accommodate your request as follows: (Delete/Complete as required)

Your first period of Shared Parental Leave will start on [date] and finish on [date].

Your second period of Shared Parental Leave will start on [date] and finish on [date].

Your third period of Shared Parental Leave will start on [date] and finish on [date].

I will ensure that the HR Directorate are aware of this agreement to ensure that you are paid the appropriate payment rate for the duration of any Shared Parental Leave, subject to the eligibility criteria.

If you have any questions about any aspect of your shared parental leave entitlement, please do not hesitate to contact me.

Yours sincerely

Name/Job Title

CC – HR Directorate

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APPENDIX 13

New and Expectant Mothers (NEM) Risk Assessment Template

Under the Management of Health and Safety at Work Regulations 1999 (MHSWR), the West Suffolk NHS Foundation Trust (WSFT) has a legal obligation to undertake a suitable and sufficient risk assessment of the risks to the health and safety of all employees to which they are exposed whilst they are at work. This risk assessment process must also include new and expectant mothers. When an employee provides written notification as per Regulation 18 of the MHSWR to the WSFT stating that she is pregnant, or that she has given birth within the past six months or that she is breastfeeding, the staff members Line Manager as per Regulation 16 of the MHSWR should immediately undertake a new and expectant mothers risk assessment (NEM) by completing the template below and take into account any risks identified in their workplace. It is important that the pregnant worker is involved in the risk assessment process to ensure all the relevant facts and issues are covered. The risk assessment should then be reviewed on a regular basis; this may have to be increased as the pregnancy progresses. If the risk assessment has identified any risks to the health and safety of a new or expectant mother, or that of their baby and these risks cannot be avoided by taking any necessary preventive and protective measures then the WSFT must take action to remove, reduce or control the risk. If the risk cannot be removed the WSFT will take the following actions:

Action 1 - Temporarily adjust the working conditions and/or hours of work; or if that is not possible

Action 2 – Offer them suitable alternative work (at the same rate of pay) if available, or if that is not feasible

Action 3 - Suspend them from work on paid leave for as long as necessary, to protect their health and safety, and that of the child

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Name of NEM

Job Title

Department/Ward

Name of Assessor

Date of Assessment

Signature of Assessor

Signature of NEM

Complete the checklist, then return to this page and complete the sections below

Actions taken during the assessment to reduce risks

(actions needed only for “yes” answers)

Further actions to be taken to reduce risks

(further actions needed only for “yes” answers) By whom By when

Date completed

Date Risk Assessment Closed

The completed checklist should be filed in the New and Expectant Mothers Personnel file

Review this risk assessment on a regular basis and on the mother’s return to work

Close when no longer applicable

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Are any of these Hazards present?

Tick answer If yes - some things to consider

Yes No

MANUAL HANDLING (Lifting,

Does the NEM undertake manual handling activities?

Pregnant workers are at risk of manual handling injury. Hormonal changes can affect the laxity of ligaments and as the pregnancy progresses the worker will develop postural changes. Workers that have recently given birth remain at risk whether the birth is a normal vagina delivery or a caesarean section but this risk will reduce following a period of maternity leave. The Manual Handling Operation Regulation 1992 (as amended) set out a hierarchy of measures which is to avoid hazardous manual handling as far as reasonably practical. If unable to avoid a more detailed risk assessment is required taking in to account the workers pregnancy to reduce the risk of injury. For more information, refer to the Trust’s Moving & Handling Policy and Procedure or contact the Moving and Handling Department x. 3104 – Bleep 551.

BIOLOGICAL HAZARDS-Infectious Diseases

Is there a possibility of the NEM coming into contact with blood and bodily fluids?

Most infection risks from blood/bodily fluids can usually be avoided or minimised by use of universal precautions e.g. protecting the eyes and mouth with a visor or goggles, protecting all breaks in skin by means of waterproof plasters, using good basic hygiene practices in the workplace including hand-washing, safe disposal of contaminated waste, and avoiding eating, drinking, applying cosmetics, removing/inserting contact lenses and taking medicines. For further information on universal precautions refer to the Trust’s Hepatitis B guidance for the Protection of HCW’s PP027 All sharps injuries and blood splashes on mucous membranes or damaged skin must be reported on Datix in accordance with the Trust’s Incident reporting and Management Policy PP 105 and Trust Policy Hepatitis B Guidance for the Protection of Health Care Workers and Patients Policy PP027 Appendix 2. Safe working practices are the first line of defence against infections at work. However, in some specific cases, immunisations (vaccination) may be necessary – there are some vaccines that should not be given during pregnancy and therefore it is important that staff are adequately vaccinated before a pregnancy begins.

Is the NEM likely to come into contact with Hepatitis A?

Source of infection mainly include infected faeces and contaminated water/food. The virus multiplies mainly in the liver and passes into the faeces through the bile duct. Most transmission to babies is via mouth contact with faecally-contaminated objects (faecal-oral route). Mother to unborn baby transmission is very unlikely to occur. NEM’s must use universal precautions and pay scrupulous attention to hygiene, especially hand washing.

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Are any of these Hazards present?

Tick answer If yes - some things to consider

Yes No

Is the NEM likely to come into contact with Hepatitis B?

Sources of infection include blood/bodily fluids, contaminated needles and laboratory specimens. The virus does not usually cross the placenta. It is thought that the mother passes the infection to her baby during delivery and just after by exposure to her blood. NEM’s must use universal precautions and must be immunised against Hepatitis B or have evidence of immunity e.g. natural immunity. To check immunity status, contact Occupational Health on ext. 3424. Immunisation must not be withheld from NEM’s if they are at high risk. Post exposure prophylaxis can be safely given to pregnant workers. All sharps injuries and blood splashes on mucous membranes or damaged skin must be reported on Datix in accordance with the Trust’s Incident reporting and Management Policy PP 105 and Trust Policy Hepatitis B Guidance for the Protection of Health Care Workers and Patients Policy PP027 Appendix 2.

Is the NEM likely to come into contact with Hepatitis C?

Sources of infection include blood/bodily fluids, contaminated needles and laboratory specimens. Hepatitis C infection from mother to baby has been reported but is uncommon. There is no known vaccine against Hepatitis C. NEM’s must use universal precautions. All sharps injuries and blood splashes on mucous membranes or damaged skin must be reported on Datix in accordance with the Trust’s Incident reporting and Management Policy PP 105 and Trust Policy Hepatitis B Guidance for the Protection of Health Care Workers and Patients Policy PP027 Appendix 2.

Is the NEM likely to come into contact with Hepatitis D?

Hepatitis D is transmitted in a similar way to Hepatitis B and C and requires the same precautions. Immunity to Hepatitis B will also protect workers against Hepatitis D.

Is the NEM likely to come into contact with Hepatitis E?

Hepatitis E is transmitted in a similar way to Hepatitis A. However, there is a high death rate for pregnant women infected with the virus. There is no known vaccine for Hepatitis E. NEM’s must use universal precautions and pay scrupulous attention to hygiene, especially hand washing. Pregnant workers should not care for or handle body fluids from a patient known to be infected with Hepatitis E.

Is the NEM likely to come into contact with Rubella?

A source of infection is humans via their respiratory secretions and through close contact. Mother to unborn baby transmission can occur across the placenta. Those at particular risk from contracting the virus are staff who work in children’s wards, nurseries and laboratories. Mass immunisation has reduced the risks of infection in pregnancy to a very low level. Pregnant employees are also screened for rubella as part of their ante-natal care. If the pregnant worker is concerned, they should contact their midwife or Occupational Health on ext. 3424.

Is the NEM likely to come into contact with HIV (the AIDS Virus)?

Sources of infection include blood/bodily fluids, contaminated needles and laboratory specimens. Transmission to the baby can occur across the placenta, during delivery and by breastfeeding. NEM’s must use universal precautions. There is no known vaccine against HIV but post exposure prophylaxis is available to NEM’s. All sharps injuries and blood splashes on mucous membranes or damaged skin must be reported on Datix in accordance with the Trust’s Incident reporting and Management Policy PP 105 and Trust Policy Hepatitis B Guidance for the Protection of Health Care Workers and Patients Policy PP027 Appendix 2.

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Are any of these Hazards present?

Tick answer If yes - some things to consider

Yes No

Is the NEM likely to come into contact with Cytomegalovirus (CMV)?

Sources of infection include blood/bodily fluids, urine and saliva. Those at particular risk from contracting the virus are staff who work with children and immuno-compromised individuals. Mother to unborn baby transmission can occur across the placenta. There is no known vaccine against CMV NEM’s must use universal precautions and pay scrupulous attention to hygiene, including hand washing. Particular care should be taken when handling nappies and excreta. Staff working in high risk areas e.g. Haematology, should seek advice from Occupational Health on ext. 3424.

Is the NEM likely to come into contact with Parvovirus?

Source of infection is from human respiratory secretions. Mother to unborn baby transmission can occur across the placenta. NEM’s must use universal precautions and pay scrupulous attention to hygiene, including hand washing. Additional control measures may be needed where pregnant women are exposed at work to infected people in whom viral excretion may be prolonged because they do not have a fully working immune systems or have certain other blood disorders. Further advice is available from Occupational Health on ext. 3424.

Is the NEM likely to come into contact with Chicken Pox and Shingles (Varicella-Zoster)?

Source of infection include direct contact with infected humans, droplet infection or recently soiled materials such as handkerchiefs. Those at particular risk from contracting the virus are staff who work with children. Transmission of the infection can occur across the placenta to the unborn child. There is no evidence of risk to the baby if the pregnant employee has shingles themselves. If a pregnant worker has had chickenpox in the past, they will have developed immunity to the disease making re-infection very rare. If they are unsure of their immunity status, they should contact Occupational Health on ext. 3424. If the pregnant worker is not immune, they must avoid contact with known cases of chickenpox and shingles. If the pregnant worker is not immune and they have been in contact with chickenpox or shingles they must contact Occupational Health immediately where the risk of infection to their baby will be assessed and consideration given as to whether varicella zoster immunoglobin or antiviral drugs should be given.

Does the NEM work in a laboratory?

There are many other types of microbes, viruses and infectious agents that laboratory workers may come into contact with. These may include Listeria, Chlamydia Psittaci, Toxoplasmosis, Borrelia Burgdorferi (Lyme Disease) and Coxiella Burnetii (Q Fever). In all cases, pregnant workers in contact with these agents should take particular care when dealing with specimens from known or suspected cases. They must use universal precautions, wear gloves and pay scrupulous attention to hygiene, including hand washing.

Has the NEM come into contact with any other infectious disease?

If the NEM has been in contact with any other infectious disease and is concerned, they should contact Occupational Health on ext. 3424.

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Are any of these Hazards present?

Tick answer If yes - some things to consider

Yes No

CHEMICAL HAZARDS (COSHH)

Will the NEM be handling substances hazardous to health? e.g. formalin

The WSFT must ensure there are processes in place to prevent employees being exposed to hazardous substances. This should be done through the elimination or substitution of harmful substances, if possible. Where it is not possible to completely eliminate exposure, it must be controlled by a combination of technical measures, along with good work planning and housekeeping and the use of Personal Protective Equipment. Information regarding the dangers of a substance can be found on labels, manufacturer’s data sheet and the COSHH assessment. For further information on COSHH, please refer to the Trust’s COSHH Policy and Procedure PP039. If there is a known high risk of exposure to a hazardous substance, then it will be appropriate for the NEM to avoid exposure altogether.

Will the NEM worker be handling Antimitotic (cytotoxic) drugs?

These drugs are used in cancer chemotherapy and are hazardous to reproduction and cause damage to genetic material in sperm and ova. There is no known threshold limit and exposure must be reduced to as low a level as reasonably practicable by a combination of engineering measures, good work planning and housekeeping and personal protective equipment. NEM’s and those that are trying to conceive should be fully informed of the reproductive hazards. It is recommended that pregnant workers or those who are trying to conceive are excluded from handling cytotoxic drugs.

RADIATION

Does the NEM work with Ionising Radiation?

Ionising radiation can be harmful to the unborn child or nursing infant. Ensure the NEM has been informed of these risks. Once informed of a pregnancy, the Line Manager should review the doses received in the past and their variability to ensure that they are unlikely to exceed the special dose constraints set for NEM’s. For staff working in x-ray departments where doses are generally low and predictable, no change in working practice is usually necessary. Further advice can be obtained from the Imaging Services manager on ext. 3094 For further information, refer to the Trust’s Ionising Radiation Safety Policy PP 307.

Does the NEM work with unsealed Radioactive materials?

Radiation from unsealed sources can be harmful to the unborn child or nursing infant if inhaled/ingested. This is because radioactive material may pass into the milk or placenta. If working with unsealed sources in high concentrations where, in the event of a spill, doses could be high and ingestion is a possibility, modifications in work practices may be required and the Radionuclide Imaging Department can be contacted for advice on x3379, or the Imaging services Manager on ext. 3094.

Does the NEM work with magnetic resonance? (non-ionising radiation)

The MHRA (2015) recommends that pregnant staff do not remain in the scan room whilst scanning due to time-varying electromagnetic fields, switched gradients and the radio frequency radiation; these will be relatively low except in the immediate vicinity of the scanning aperture. This may be of concern in the interventional situation. Concerns remain about acoustic noise exposure and unknown risks to foetus. No proven side effects associated with a static magnetic field less than 4T.

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Are any of these Hazards present?

Tick answer If yes - some things to consider

Yes No

DISPLAY SCREEN EQUIPMENT (DSE)

Is the NEM a DSE user? A DSE user is someone who habitually uses DSE as a significant part of their normal work.

There is no evidence linking exposure to electromagnetic radiation generated by DSE to increased frequency of miscarriage and stillbirths. Healthy pregnant employees can therefore continue to work with DSE. NEM’s should discuss any concerns with their manager and be referred to Occupational Health if necessary. Pregnant workers may experience problems working in tightly fitting workspaces or with workstations which do not adjust sufficiently to take account of increased abdominal size, particularly during the later stage of pregnancy. A DSE risk assessment needs to be reviewed/completed for all NEM’s. Adjusting workstations or work procedures, for example, introducing longer or frequent rest breaks, may help remove postural problems and risk of injury. Please refer to the Trust’s Display Screen Equipment Policy and Procedure PP025 for further information.

SECURITY

Is the NEM in an area with a high incidence rate of physical violence and aggression?

Physical violence can have an adverse effect on pregnancy and complications such as miscarriage, premature rupture of membranes and premature labour can arise from a violent episode. NEM’s should have undergone training in management of violence and aggression, this includes for all staff attending Conflict Resolution training” and for those who have regular physical contact with patients in areas identified as high risk, Breakaway training. For further information regarding these training courses, contact the Education and Training Administrator on x3090. NEM’s must be notified of any patients that are expressing high levels of violent behaviour and be aware of who to contact in an emergency situation (security emergency number is ext. 3333). NEM’s working in areas with an elevated risk of violence and aggression from patients should, where possible, be moved to an area with a lower risk.

Does the NEM undertake Lone Working?

The risks for NEM’s from lone working are the same as those for all staff and therefore the same precautionary measures should apply. Further information is available in the Trust’s Lone Working Policy and Procedure PP134.

OTHER WORK ACTIVITIES

Is the NEM expected to work night shifts? Night work can be defined as any time between the hours of 23:00 and 06:00 hours.

In general, there is no evidence of any risks to NEM’s or their children from working at night. However, if the NEM has a certificate from a registered medical practitioner or a registered midwife stating night work could affect her health and safety, suitable alternative daytime work must be offered. If suitable, day time work is not available within the NEM’s department, the HR department should be contacted to discuss Trust-wide deployment options. If this is not possible, the NEM must be suspended from work (on full pay) for as long as necessary to protect her health and safety.

Does the NEM wear Personal Protective Clothing?

Consideration must be given to the increasing size of the NEM and that alternative protective clothing may be required.

Is the NEM involved in heavy physical work?

Fatigue from physical work has been associated with miscarriage, premature birth and low birth weight. Excessive physical pressure may also cause stress and can rise to anxiety and raised blood pressure. Ensure that hours of work and the volume and pacing of work are not excessive and that, where possible, the NEM’s have some control over how their work is organised. Longer or more frequent breaks will help to avoid or reduce fatigue.

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Are any of these Hazards present?

Tick answer If yes - some things to consider

Yes No

Does the NEM’s job involve sitting for long periods of time?

Pregnancy-specific changes pose a relatively high risk of thrombosis or embolism, particularly with constant sitting. In the later stages of pregnancy, NEM’s are more likely to experience backache, which can be intensified by remaining in a specific position for a long period of time. NEM’s should be encouraged to take longer or more frequent breaks away from their sitting position and it may be necessary to adjust workstations or work procedures to remove postural problems and injury. Ensure that hours of work and the volume and pacing are not excessive and that where possible the NEM’s have some control over how their work is organised.

Does the NEM’s job involve walking/standing for long periods of time?

Fatigue and backache from standing and walking for long periods of time has long been associated with miscarriage, premature birth and low birth weight. Ensure that hours of work and the volume and pacing of work are not excessive and that, where possible, the NEM’s have some control over how their work is organised. Ensure that seating is available where practical and ensure that longer or more frequent rest breaks are taken to avoid fatigue injury.

Does the NEM undertake work that requires dexterity and agility?

NEM’s may experience an impairment of dexterity, agility, co-ordination, speed of movement, reach and balance during pregnancy and an increased risk of incidents may arise. Excessive mental pressure may cause stress and can give rise to anxiety and raised blood pressure. Ensure that hours of work and the volume and pacing of work are not excessive and that, where possible, the NEM’s have some control over how their work is organised. Longer or more frequent breaks will help to reduce fatigue.

Does the NEM work at height e.g. platforms, ladders working at height involves any work where there is a risk of a fall liable to cause personal injury

NEM’s may experience problems in working at heights particularly during the later stages of pregnancy due to their increased abdominal size. In addition, a fall from height may lead to miscarriage and premature birth. It is therefore advised that NEM’s should avoid working at height wherever possible.

Does the NEM work in cramped and uncomfortable conditions?

NEM’s may experience problems in working in cramped/small spaces during the later stage of pregnancy due to their increased abdominal size. It is therefore advised that NEM’s should avoid working in cramped spaces once it becomes uncomfortable for them to do so.

Is the NEM exposed to extreme temperatures?

Pregnant employees tolerate heat less well and may more readily faint or be more liable to heat stress. Breastfeeding may also be impaired by dehydration. No specific problems arise from working in extreme cold, although clearly for other health and safety reasons, warm clothing should be provided. Adequate rest/refreshment breaks should be provided with unrestricted access to drinking water.

Is the NEM exposed to loud and excessive noise?

There appears to be no specific risk to NEM’s or to their unborn child from noise, but prolonged exposure to loud noise may lead to increased blood pressure and tiredness. There are no particular problems for women who have recently given birth or are breastfeeding. The requirements of the Noise at Work Regulations 2005 are sufficient to meet the needs of NEM’s.

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Are any of these Hazards present?

Tick answer If yes - some things to consider

Yes No

Is the NEM exposed to regular shocks, low frequency vibration or movement?

Regular exposure to shocks, low frequency vibration or excessive movement may increase the risk of miscarriage NEM’s should avoid work likely to involve uncomfortable whole body vibration, especially at low frequencies, or where the abdomen is exposed to shocks or jolts. Breastfeeding workers are at no greater risk than other workers.

WORK FACILITIES

Are there inadequate rest facilities?

Tiredness increases during/after pregnancy and therefore it is essential that there are facilities where the NEM can take rest periods.

Is there poor access to toilets with hygiene facilities?

With added pressure on the bladder, trips to the toilet can become more frequent. There may also be an increased risk of infection without hygiene facilities.

For breastfeeding mothers, are there inadequate facilities for them to express and store milk?

The baby changing room in the antenatal/gynecology clinic can be utilised by new mothers to express their milk, by contacting the 519 bleep holder. There is no storage facility for expressed milk in this location.

During the night, new mothers who express their milk are advised to provide a suitable cool bag with ice packs to store the expressed milk.

ASPECTS OF PREGNANCY THAT MAY AFFECT WORK

Is the pregnant worker experiencing any other problems associated with pregnancy that is affecting her work? For example, backache, morning sickness, tiredness

There are many aspects of pregnancy that may affect work and the impact of these will vary during the course of the pregnancy. Issues may include: morning sickness, tiredness and backache. If they arise, work practices and workplaces should be adapted to help ease these symptoms. The effects of these should be kept under review, and the Occupational Health Department contacted for advice of x 3424 if required

PLEASE LIST ANY OTHER SPECIFIC WORK-RELATED HAZARDS

1. 5.

2. 6.

3. 7.

4. 8.