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Policy Title Maternity, Paternity, Adoption & Shared Parental Leave

Current Version No.1.0 of 33


Maternity, Paternity, Adoption & Shared Parental Leave

Policy & Procedure/Guidance

Reference No. CR-025-13

Policy Sponsor Director of Corporate Resources

Policy Owner Head of People and Development

Policy Author Policy & Engagement Administrator

Effective Date August 2013

Review Date August 2015

Revision History

Version Date Comments / Reason for Amendments Amended By

1.0 January 2015

New policy created following the legal changes following the implementation of the Children’s and Family Act 2014

Kevin Round, Policy & Engagement Administrator





CONTENTS

POLICY STATEMENT……………………………………………………………………..3

POLICY PURPOSE……………………………....…………………………………………3

SCOPE……………………………………………………………………………………….3

PRINCIPLES………………………………………………………………………………...3

WHO TO CONTACT ABOUT THIS POLICY…………………………………………….3

PROCEDURE……………………………………………………………………………….4

MATERNITY LEAVE PROCEDURE………………………….…………………………..4

ADOPTION LEAVE PROCEDURE……………………………………………………….7

PATERNITY LEAVE PROCEDURE……………………………………………………..10

SHARED PARENTAL LEAVE PROCEDURE…………………………………………..11

GUIDANCE………………………………………………………………………………….14

MATERNITY ENTITLEMENTS……………………………………………………………14

ADOPTION ENTITLEMENTS……………………………………………………………..17

PATERNITY ENTITLEMENTS…………………………………………………………….20

SHARED PARENTAL LEAVE ENTITLEMENTS………………………………………..22

ADDITIONAL INFORMATION………………………………………………...………….24

REDUCED HOURS PRIOR TO MATERNITY LEAVE………………………………....24

PREGNANT DOG HANDLERS…………………………………………………………..24

SICKNESS ABSENCE…………………………………………………………………….25

TIME OFF FOR ANTI- NATEL APPOINTMENTS……………………………………....25

ACCOMPANYING TO ANTE-NATAL APPOINTMENTS………………………………26

RECALL TO DUTY…………………………………………………………………………26

KEEPING IN TOUCH (KIT DAYS)/ SHARED PARENTAL LEAVE IN TOUCH (SPLIT DAYS)………………………………………………………………………………………..27

RECORD RETENTION SCHEDULE…………………………………………………….28

FAQ’s………………………………………………………………………………………...29





POLICY STATEMENT

POLICY PURPOSE

This policy advises employees of their contractual entitlements in relation to Maternity, Paternity, Adoption & Shared Parental Leave. This policy implements legislative requirements that came into effect in 2015 following the implementation of the Children’s and Families Act 2014 and Police Regulations.

SCOPE

This policy applies to all Police Officers, Police Community Support Officers (PCSOs) and Police Staff employed by BTP. This includes employees who are part-time, job-share or on a fixed-term contract. Agency staff are not BTP employees and are covered by their agency’s contractual terms and conditions.

Special Constables are eligible for the leave entitlement only.

The policy does not form part of terms and conditions of employment and may be amended from time to time.

This policy applies in England, Scotland and Wales.

PRINCIPLES

BTP appreciates the importance of supporting its employees during this important time.

This policy is designed to support employees who are considering starting or adding to their family.

The eligibility criteria for maternity, paternity, adoption and shared parental leave and pay is explained and advice is given on the steps an employee should take once they become aware of the intended addition to the family.

WHO TO CONTACT ABOUT THIS POLICY

This policy is owned by Head of People & Development

Any enquires about this policy should be directed to the HR Business Centre Tel: 0121 634 5626

End of Policy





Pregnant employee completes Notification of Pregnancy Part 1

form and sends onto the line manager (This should be

completed as soon as Pregnancy is confirmed)

Line manager conducts a Health and Safety risk assessment

Pregnant employee completes the Notification of Pregnancy

Part 2 form advising intended start date (at least 15 weeks

prior to EWC) and submits this to line manager

Employee begins maternity leave

Within 2 weeks of returning from Maternity leave the line

manager should arrange a return to work interview.

Line manager submits the Notification of Pregnancy Part 1 to

the HRBC

Line manager submits the Notification of Pregnancy Part 2 to

the HRBC and informs Rostering of the intended leave dates

PROCEDURE

MATERNITY LEAVE PROCEDURE

MATERNITY LEAVE PROCESS





Notification of pregnancy

The employee should inform their line manager and the HR Business Centre (HRBC) as soon as Pregnancy is confirmed. The early notification will enable a health and safety risk assessment to be undertaken at the earliest opportunity.

BTP must be informed no later than the 15th week before the Expected Week Child Birth.

Health & Safety

The line manager is responsible for ensuring that a health and safety risk assessment of the employee’s duties and working environment is undertaken. The risk assessment needs to be reviewed at suitable regular intervals, i.e. on every occasion the employee has been for ante-natal care appointment.

For pregnant employees who are dog handlers, the risk assessment will consider risks associated with contact with dogs.

Once the initial risk assessment has been undertaken, BTP will take any necessary action to remedy identified risks. Adjustments to working conditions/hours of work may be made or alternative work found in order to avoid any risks to the health and safety of the employee or the unborn child.

If no suitable alternative work can be found at the work location or another location, other options such as working from home should be considered with appropriate health and safety advice.

The employee is responsible for taking reasonable care of their own health and safety and to bring forth any concerns to the attention of their line manager.

Refer to the Risk Assessment and Actions Chart for further information on the stages of risk assessment required for pregnant and breastfeeding employees.

Starting Maternity Leave

The earliest date an employee can start maternity leave is 11 weeks before the EWC unless the employee is entitled to take BTP Occupational or the employee’s child is born prematurely before that date.

The employee must give notification of their intended start date at least 15 weeks prior to the EWC, this is done by completing the Notification of pregnancy Part 2 form.

Within 28 days the HRBC will write to the employee to confirm the expected return to work date’ either the date declared on the Notification of Pregnancy Form, or (if no date has been declared), the date by which full entitlement will have been taken.





The employee can bring forward/ postpone the start date by informing BTP in writing at least 28 days before the original intended start date, or if that is not possible, as soon as reasonably practicable.

Maternity leave shall start on the earlier of:

The employees intended start date (notified in accordance with this policy), or;

The day after any day on which the employee is absent for a pregnancy related reason during the four weeks before the EWC, or;

The day after the employee gives birth, if born early

Expected return to work date

Unless otherwise indicated, BTP will assume that the employee wishes to take the maximum period of statutory Maternity leave and/or BTP Occupational Maternity Leave.

At least 28 days before the end of week 26 of leave the HRBC will send a Confirming Return to Work letter to request confirmation of the return to work date.

BTP must be given at least eight weeks notice if the employee wishes to return to work earlier than the expected return date previously advised. If insufficient notice is given, BTP may postpone the employees return date until eight weeks after the notice or to the expected return date if sooner. The employee’s return to work cannot be postponed to a date later than the end of week 52 of leave.

Returning to work

An employee returning to work at 26 weeks of leave is entitled to return to the same position on the same terms and conditions, such as grade/rank, salary and hours; as though they had not been absent.

An employee returning to work after 52 weeks of leave (or who has taken more than four weeks of parental leave immediately after 26 weeks of leave) will ordinarily return to work in the same position they held before commencing leave, or if this is not reasonably practicable, to another suitable position on terms and conditions that are not less favourable.

In the event of re-organisation of the department in which the employee works, they will be treated in accordance with the managing change policies available at that time.

Within the first two weeks of the employee’s return to work a meeting between the line manager and the employee should take place. This meeting is to facilitate the employee’s re-integration into BTP and to conduct a ‘training needs analysis’ as well undertake a health and safety risk assessment (if appropriate) of the employee’s work environment.





Employee matched to a child should complete the Notification of Adoption

Leave form (within 7 days of being matched to the child) advising the date

Adoption leave will start on

Employee begins Adoption leave

Within 2 weeks of returning from Maternity leave the line manager should

arrange a return to work interview.

Line manager submits the Notification of Adoption Leave form to the

HRBC and advises Rostering of the expected leave dates

ADOPTION LEAVE PROCEDURE

ADOPTION LEAVE PROCESS





Notification of Adoption

Employees must notify the line manager within seven days of being informed they have been matched with a child for adoption. The employee should complete the Notification of Adoption Leave Form and attach a copy of the adoption confirmation papers.

Where it is not practical for the employee to notify the manager within seven days, notification should be given as soon as is reasonably practicable.

Time off for Introduction Dates

BTP offers up to 5 days paid special leave for introduction dates with the child prior to the expected placement date (EPD).

Starting Adoption Leave

Within 28 days the HRBC will write to the employee to confirm the expected return to work date’ either the date declared on the Notification of Adoption Form, or (if no date has been declared), the date by which full entitlement will have been taken.

The employee can bring forward/ postpone the start date by informing BTP in writing at least 28 days before the original intended start date, or if that is not possible, as soon as reasonably practicable.

Adoption leave may start on a predetermined date no more than 14 days before the EPD or on the date of placement itself, but no later.

Adoption leave that is disrupted

The employee must notify the HRBC immediately the adoption leave is disrupted. Adoption leave is disrupted if it has started but:

The employee is notified that the placement will not take place;

The child is returned to the adoption agency after placement;

The child dies after placement.

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





Expected return to work date

Unless otherwise indicated, BTP will assume that the employee wishes to take the maximum period of statutory Adoption leave and/or BTP Occupational Adoption Leave.

At least 28 days before the end of week 26 of leave the HRBC will send a Confirming Return to Work letter to request confirmation of the return to work date.

BTP must be given at least eight weeks notice if the employee wishes to return to work earlier than the expected return date previously advised. If insufficient notice is given, BTP may postpone the employees return date until eight weeks after the notice or to the expected return date if sooner. The employee’s return to work cannot be postponed to a date later than the end of week 52 of leave.

Returning to work

An employee returning to work at 26 weeks of leave is entitled to return to the same position on the same terms and conditions, such as grade/rank, salary and hours; as though they had not been absent.

An employee returning to work after 52 weeks of leave (or who has taken more than four weeks of parental leave immediately after 26 weeks of leave) will ordinarily return to work in the same position they held before commencing leave, or if this is not reasonably practicable, to another suitable position on terms and conditions that are not less favourable.

In the event of re-organisation of the department in which the employee works, they will be treated accordance with the managing change policies available at that time.

Within the first two weeks of the employee’s return to work a meeting between the line manager and the employee should take place. This meeting is to facilitate the employee’s re-integration into BTP and to conduct a ‘training needs analysis’ as well undertake a health and safety risk assessment (if appropriate) of the employee’s work environment.





Employee informs line manager their partner is expecting a baby/

they have been matched to a child

Line manager advises Rostering of the expected dates the

employee will be taking paternity leave

Manager sends the completed Notification of Paternity Leave

(Birth)/ (Adopt) request form to HRBC once the child has been

born/ placed with parents. The line manager should inform

Rostering of the dates the employee will be on leave.

PATERNITY LEAVE PROCEDURE

Notification of pregnancy/ adoption

The employee should inform their line manager as soon as pregnancy/ placement is confirmed.

The line manager will be responsible for notifying Rostering of the estimated leave date and if one week or two weeks will be taken off.

Starting Paternity leave

Once the child is born/ placed the employee should inform the line manager that they have now started Paternity leave, the line manager will now submit the Notification of Paternity leave form to the HRBC and inform Rostering of the exact dates the employee will be on leave. Upon returning from Paternity leave the employee should submit a copy of the MATB1 form or a copy of the birth certificate/ adoption certificate if available.





SHARED PARENTAL LEAVE PROCEDURE

SHARED PARENTAL LEAVE PROCESS

.

Employee informs manager they/ their partner intends to

curtail their leave entitlement

Employee completes the Notification of Shared parental

leave form advising of dates requested.

Manager approves/ rejects the leave request

Approves

The line manager sends the form to the

HRBC and informs Rostering of the dates

the employee will be on leave

Manager advises why the leave is not

supported and sends the form to the

HRBC

The HRBC writes to the employee

advising the options available to the

employee

Rejects





Right to Shared Parental Leave

Employees have a statutory right to a continuous block of SPL (taking an unbroken period of leave). For example, this could be a notification for a period of six weeks’ leave. Eligible employees have a statutory right to take SPL in this way and an employer cannot refuse it.

There is no statutory right to non-consecutive leave; employees need line managers approval to take non- consecutive leave. Non-consecutive leave is leave taken over a period of time with breaks between the leave where the employee returns to work. For example, four weeks’ SPL followed by three weeks back at work, followed by a further four weeks’ SPL.

BTP will consider each individual request for discontinues leave taking into account the needs of the employee and then business.

Following the decision between parents to share the remaining leave the mother should inform her line manager she wishes to end (curtail) the leave. At this point the balance of maternity/ adoption leave maybe shared with the partner. Notice of ending maternity leave can be given before or after the birth/ placement, if the mother gives notice prior to the birth of the child she may reverse her decision within 6 weeks of the child’s birth, if the leave is given after birth the notice is binding.

Applying for Shared Parental Leave

Upon the decision to end the leave the employee should notify their line manager by filling out the Notification of Shared Parental Leave form. Upon receipt of receiving this form the line manager should advise the employee within 14 days if the request has been approved or rejected. If the manager fails to give a decision within 14 days the employee assume that the request has been rejected.

The line manager should forward the form onto the HRBC to process and send out official confirmation to the employee. If the leave is approved the line manager should inform Rostering of the leave dates so they can alter the rosters accordingly.

Right of Appeal

Should the employees request for non- consecutive leave not be granted the employee has the right to appeal the decision. The confirmation letter sent from the HRBC will advise the employee how to request an appeal of the decision; the decision will be considered by the Head of People and Development or delegated authority.





Variations to arranged Shared Parental Leave

The employee is permitted to vary or cancel an agreed and booked period of SPL, provided that they advise the organisation in writing at least eight weeks before the date of any variation. Any new start date cannot be sooner than eight weeks from the date of the variation request. Employees are allowed to make 3 notifications to book/ vary leave Any variation or cancellation notification made by the employee, including notice to return to work early, will usually count as a new notification reducing the employee’s right to book/vary leave by one. However, a change as a result of a child being born early, or as a result of the organisation requesting it be changed, and the employee being agreeable to the change, will not count as further notification. Any variation will be confirmed in writing by the organisation.





GUIDANCE

LEAVE AND PAY ENTITLEMENTS

Maternity Entitlements

Below is a table which shows the entitlements for employees who are due to give birth.

Eligibility Leave Entitlements Pay entitlements

Less than 26 weeks service by the 11th week (Qualifying week) before EWC 52 weeks

1 weeks full pay,38 weeks paid at SMP or 90% of weekly earnings whichever is less

More than 26 weeks service by the 11th week (Qualifying week) before EWC 52 weeks

1 weeks full pay, 38 weeks’ pay at SMP rate

More than 52 weeks service by the 11th week (Qualifying week) before EWC 15 months

18 weeks full pay, 21 weeks SMP rate

This includes statutory and occupational leave and pay

Leave entitlements

Legislation prohibits female employees from returning to work during the two week period immediately after the birth of a child.

Ordinary and Additional Maternity Leave- Statutory Entitlements

All pregnant employees are entitled to 26 weeks’ Ordinary Maternity Leave (OML), followed immediately by 26 weeks’ Additional Maternity Leave (AML) regardless of length of service, giving a total of 52 weeks’ leave.

BTP Occupational Maternity Leave

BTP offers employees Occupational Maternity Leave which allows employees to take up to 15 months (65 weeks) Maternity Leave. To receive this the pregnant employee must have at least 52 weeks service by the beginning of the 11th week before EWC (week 29 of pregnancy). The leave may start as early as six months before EWC (week 14 of pregnancy) but may end no later than 12 months after childbirth.





The length of leave cannot be extended if more than one child born at a time.

Pay Entitlements

Statutory Maternity Pay (SMP)

All pregnant employees will receive 1 week’s full pay regardless of length of service.

SMP is not ordinarily payable until the 11th week before the EWC. If childbirth occurs before the EWC, then maternity pay will commence on the day following childbirth.

All maternity pay is paid the same date their salary would have been paid and is subject to standard deductions for tax, National Insurance and pension contributions, unless otherwise stated.

Eligibility for Statutory Maternity Pay (SMP)

To be eligible for SMP an employee must have continuous service of more than 26 weeks at the end of their Qualifying Week and still be employed during that week.

BTP will confirm an employee’s eligibility for SMP on receipt of the Notification of Pregnancy Form and if the employee is not eligible for SMP a SMP1 Form will be provided to assist the employee’s application for Maternity Allowance (for further information refer to Section – Maternity Allowance).

Eligible employees are entitled to receive SMP whether they intend to return to work or not. There is no requirement to pay back SMP should an employee not return to work.

There are two rates of SMP. The first six weeks of SMP will be paid at the rate of 90% of average weekly earnings, the remaining 33 weeks SMP will be paid at the lower of the 90% rate or the Statutory Maternity Pay rate.

The Statutory Maternity Pay Rate is a fixed amount.

BTP Occupational Maternity Pay

To be eligible for Occupational Maternity pay the pregnant employee needs to have continuous services of no less than 52 weeks at the beginning of the 11th week before EWC (week 29 of pregnancy).

Occupational Maternity pay entitles employees to 18 weeks full pay (OMP) followed by 21 weeks of SMP. On request to the HRBC before the Expected Week of Childbirth, they may elect to extend their period of OMP to 23 weeks by taking half pay in the 14th to 23rd weeks, followed by 16 weeks SMP.





Where any period of paid maternity leave coincides with SMP periods, BTP maternity pay will be offset by SMP.

BTP OMP is calculated based on the employee’s notional weekly earnings at the time of going on maternity leave.

An employee who fails to return to work for at least one month after their maternity leave will be required to reimburse BTP the monies paid as BTP OMP.

Maternity Allowance

Pregnant employees whose length of service does not meet the requirements for SMP (i.e. they have less than 26 weeks service by the 15th week before the EWC /week 25 of pregnancy) may be eligible for Maternity Allowance or income support

Maternity Allowance is paid for a maximum of 39 weeks, at either the Statutory Maternity Pay Rate or 90% of average weekly earnings, whichever is the lesser amount.

All pregnant employees will receive 1 week’s full pay regardless of length of service.

The earliest that Maternity Allowance can be claimed is 11 weeks before the baby is due and the latest that it can be claimed is the day after the baby is born.

If a pregnant employee is not entitled to SMP, the HR Business Centre will supply the employee with a Maternity Allowance Letter explaining why they do not qualify for SMP, along with a SMP1 Form and their MATB1 Form.

The employee must claim Maternity Allowance directly from their local Job Centre Plus. In order to do this they will need the SMP1 Form.

Employees not eligible for SMP are still required to complete the Notification of Pregnancy Form.

Ceasing Payment

Liability to pay SMP and BTP Occupational Maternity Pay ceases if:

The employee undertakes work for BTP (other than Keep in Touch Days/ SPLIT days or Recall to Duty.

The employee undertakes work for another employer during the payment period, unless the other employer is not liable to pay the employee SMP or OMP.

The employee is taken into legal custody.

The employee dies.





Adoption Entitlements

Below is a table which shows the entitlements for employees who are due to adopt a child.


Less than 26 weeks service by the by the point of getting matched to a child 52 weeks

1 weeks full pay, 38 weeks’ pay at SAP rate

More than 26 weeks service by the by the point of getting matched to a child 52 weeks

1 weeks full pay, 38 weeks’ pay at SAP rate

More than 52 weeks service by the by the point of getting matched to a child 52 weeks

18 weeks full pay, 21 weeks SAP rate

This includes statutory and occupational leave and pay

Adoption Leave

An employee is entitled to statutory adoption leave if they fulfil the following conditions:

An adoption agency has given the employee written notice that the employee has been matched with a child for adoption and the Expected Placement Date (EPD).

The employee has notified the agency that they agree to the child being placed with them on the placement date.

The employee has been continuously employed for at least 26 weeks ending with the Qualifying Week.

The employee’s spouse or partner will not be taking adoption leave with their employer.

For a couple who are jointly adopting, one parent can take adoption leave and the other takes paternity leave or split the leave under shared parental leave.

Adoption leave is only available if the employee is adopting through a UK or overseas adoption agency. It is not available if there is no agency involved, for example if the employee is formally adopting a step-child or other relative. It does not apply to cases of foster parents adopting children who are already part of their family.

Adoption Leave





All employees, regardless of length of service, are entitled to are entitled to Ordinary Adoption Leave (OAL) of 26 weeks and Additional Adoption Leave (AAL) of 26 weeks.

AAL commences immediately after OAL finishes, giving a total of 52 weeks leave.

The length of leave cannot be extended if more than one child at a time is adopted.

Pay Entitlements

Adoption Pay

All adoption pay is paid the same date their salary would have been paid and is subject to standard deductions for tax, National Insurance and pension contributions, unless otherwise stated.

‘Standard’ Adoption Pay

All employees are entitled to 1 week’s full pay for the ‘standard’ adoption leave period, regardless of length of service.

Statutory Adoption Pay

To be eligible for SAP an employee must be eligible to adoption leave and have 26 weeks continuous service by the end of the Qualifying Week.

.

If the employee leaves employment for any reason (for example if they resign or are made redundant) they should still be eligible for SAP if they have already been notified that they have been matched with a child. In such cases SAP will start:

14 days before the EPD or;

the day on which the employment ends (whichever is the later of the two).

SAP is a fixed amount and is reviewed annually. This will be paid as a weekly amount for the first 39 weeks of adoption leave.

There is no requirement to pay back SAP should an employee not return to work after adoption leave.

There are two rates of SAP. The first six weeks of SAP will be paid at the rate of 90% of average weekly earnings, the remaining 33 weeks SAP will be paid at the lower of the 90% rate or the Statutory Adoption Pay rate.

The Statutory Adoption Pay Rate is a fixed amount.





BTP Occupational Adoption Pay

To be eligible for Occupational Adoption pay the employee needs to have continuous services of no less than 52 weeks by the week in which an approved match is made with a child by an adoption agency

Occupational Adoption pay entitles employees to 18 weeks full pay (OAP) followed by 21 weeks of SAP. On request to the HR Business Centre before the child is placed, they may elect to extend their period of OAP to 23 weeks by taking half pay in the 14th to 23rd weeks, followed by 16 weeks SAP.

BTP Occupational Adoption Pay (OAP) is calculated based on the employee’s standard earnings at the time of going on adoption leave.

An employee who fails to return to work for at least one month after their adoption leave will be required to reimburse BTP the monies paid as BTP OAP.

Liability to pay OAL or AAL and BTP Occupational Adoption Leave ceases if:

The employee undertakes work for BTP (other than Keep In Touch Days or is Recall to Duty; refer relevant section for further details).

The employee undertakes work for another employer during the payment period, unless the other employer is not liable to pay the employee OAL or AAL.

The employee is entitled to statutory sick pay.

The employee dies.





Paternity Entitlements

Below is a table which shows the entitlements for employees who are due to have a baby.


Less than 26 weeks service by the 15th week before EWC (or matched to a child) 2 weeks 1 weeks full pay

More than 26 weeks service by the 15th week before EWC (or matched to a child) 2 weeks

1 weeks full pay, 1 weeks’ pay at SPP rate

The above contains entitlements laid out in statutory entitlements, (Statutory Paternity Leave SPL and Statutory Paternity Pay SPP) and the enhanced package offered by BTP (Occupational Paternity leave and Occupational pay). In addition to the length of service please read below for additional criteria.

Leave Entitlements

BTP Paternity Entitlements

BTP follow PNB Regulations, which entitle biological fathers of newly born children, or the spouse, partner or civil partner or the nominated carer of the child’s mother to two weeks’ leave regardless of length of service

Paternity Leave can start either from the date the child is born or from a specific date after that date, providing it is within 56 days of the birth of the child, or, if the child is born early, up to 56 days after the expected date of birth.

Employees taking SPLB will be entitled to return to the same job, on the terms and conditions of employment as they had before taking leave.

If the child is stillborn, the employee may still take Paternity leave if the birth occurs after the 24th week of pregnancy or if the child is born alive at any point.

Pay Entitlements

BTP’s Paternity Pay (Birth) entitlement is more generous than the statutory entitlement. All employees, regardless of length of service, are entitled to one week full pay for the first week of paternity leave.





The second week’s pay is subject to qualifying for Statutory Paternity Pay Birth (SPPB), eligibility criteria can be seen below;

In the eight weeks ending the with the 15th week before the EWC, have an average weekly earnings equal to or above the lower earnings limit applying to National Insurance Contributions (NICS).

The SPPB is a fixed amount and is reviewed annually.

Liability to pay SPPB ceases if:

The employee undertakes work for BTP.

The employee undertakes work for another employer during the payment period, unless the other employer is not liable to pay the employee SPPB.

The employee is entitled to statutory sick pay.

The employee dies.





Shared Parental Leave Entitlements

Shared Parental leave enables parents to choose how to share the care of their child during the first year of birth/ adoption. Its purpose is to give parents more flexibility in considering how to best care for, and bond with, their child. All eligible employees have the statutory right to take Shared Parental Leave. There may also be an entitlement to some Shared Parental Pay. This guidance sets out the statutory rights and responsibilities of employees who wish to take statutory Shared Parental Leave (SPL) and statutory Shared Parental Pay (ShPP).

Leave Entitlements Pay entitlements

Leave and Pay entitlement to be shared between parents

52 weeks (2 weeks must be taken by mother following birth) Partner also receives 2 weeks Paternity leave

39 weeks SMP + Paternity leave payments

Leave Entitlements

Employees are eligible to share the Maternity/ Adoption leave with their partners, the mothers must take the compulsory 2 weeks following the birth/ placement date. Mothers are entitled to 52 weeks leave, following the compulsory period they are left with 50 weeks which can be shared between both partners. The mother should curtail her leave as explained in the process section, at this point the parents can choose how the leave is distributed between both of them. The leave taken can be taken as the parents see fit but should only start once the child is born/ placed, the leave can also be taken simultaneously so both parents can be off at the same time.

The partner should exhaust all paternity leave entitlements before commencing SPL as once SPL starts the partner loses their ability to take paternity Leave.

If the mother chooses to end her leave and allow the father to take Shared Parental Leave this reduces the number of weeks she is off for. The latest leave can be taken is 1 year following the birth/ placement of the child.

Pay Entitlements

In addition to sharing leave parents are able to share the pay. Statutory Maternity Pay (SMP)/ Statutory Adoption Pay (SAP) can be shared between both parents which then becomes Shared Parental Pay (ShPP). Partners are eligible to share the 39 weeks SMP/ SAP as they see fit.





Occupational Maternity Pay will still be given to the women if she chooses to end her maternity leave early and begin Shared Parental Leave. The Occupational Maternity Pay cannot be passed over to her partner should she not use all her contractual pay before returning to work.

Eligibility criteria

To be eligible an employee must meet the following criteria:

You (or your partner) must be entitled to maternity / adoption leave, or statutory

maternity / adoption pay (or maternity allowance from the Government) and you

must share the main responsibility for caring for the child with your partner. In

addition, you and your partner will also be required to follow a two-step process to

establish eligibility as follows:

Step 1 - Continuity test: if you are seeking to take shared parental leave, one parent

/ adopter must have worked for the same employer for at least 26 weeks at the end

of the 15th week before the week in which the child is due (or at the week in which

an adopter was notified of having been matched with a child or adoption) and they

should still be employed in the first week that shared parental leave is to be taken.

The other parent /adopter has to have worked for 26 weeks in the 66 weeks leading up to the due date and have earned above the maternity allowance threshold of £30 a week in 13 of the 66 weeks.

Step 2 - Individual eligibility for pay: To qualify for shared parental pay the parent /

main adopter must, as well as passing the Continuity test, also have earned an

average salary of the National Insurance lower earnings limit or more for the 8

weeks prior to the 15th week before the expected birth / adoption.





ADDITIONAL INFORMATION

REDUCED HOURS PRIOR TO MATERNITY LEAVE

Pregnant employees may apply for reduced working hours during their pregnancy prior to commencing maternity leave. Requests for reduced hours or part time working should be submitted to the line manager, detailing the proposed hours and commencement date.

Where the request is supported by a medical certificate signed by a GP or midwife stating that a reduction in duties and/or working hours is necessary for the employee’s health and wellbeing and that of the unborn child, there will be no reduction in pay. If the application is not based on medical grounds and/or health and safety grounds, a reduction of hours will result in a reduction in pay (refer to Section – Health and Safety).

PREGNANT DOG HANDLERS

Line managers must review working arrangements for Dog handlers who notify pregnancy, on a case by case basis.

The line manager must complete a risk assessment as soon as notification of pregnancy is received. This assessment will provide guidance regarding restrictions to the employee’s duties.

If it is agreed that the employee is withdrawn from Handler duties, her dog will be reallocated to another Handler. Dog handler allowance will be withdrawn for the period that the dog is reallocated.

Throughout the pregnancy, line managers should continue to seek the advice of the Health and Safety Advisor and HR Advisor and carry out regular risk assessments to assess the best course of action to be taken at any particular time.

The line manager must confirm the terms of any change in writing to the Dog Handler.

On return to work and resumption of dog handling duties, the dog (or another dog of the same discipline) will be returned to the Handler.

Unless withdrawn because the Handler’s dog has been reallocated (see above) the Dog Handlers Allowance will continue to be paid through BTP Occupational Maternity Pay i.e. for 18 weeks, or (13 weeks full and 10 weeks half if the last 10 weeks are taken as half pay).





SICKNESS ABSENCE

All maternity related sickness absences should be recorded as usual however these absences will not count towards the unsatisfactory attendance procedure. Medical evidence should be submitted to support the assertion that the illness is pregnancy related.

If absence from work within the last four weeks before the EWC is wholly or partly pregnancy related, the employee should notify their line manager and the HRBC as soon as reasonably practical. Their maternity leave and pay period will then commence on the first day following the first day of sickness absence. The HRBC will contact the employee confirming the situation and provide them with updated details of their maternity leave and pay.

Sickness absence that is not pregnancy related will be recorded in the normal way and will count towards the unsatisfactory attendance procedure. Sick pay will be paid as usual, provided that the employee meets the requirements of the sick pay scheme. Maternity leave will commence on the date previously notified or the day following childbirth, whichever is earlier.

An employee who is ill during maternity leave is not entitled to sick leave or sick pay until the intended date of return to work.

TIME OFF FOR ANTI- NATEL APPOINTMENTS

Time off for antenatal care is classed as an appointment that an expectant mother has been advised to attend by a General Practitioner (GP), midwife, consultant or other qualified health professional.

All pregnant employees are entitled to paid time off work (including travelling time) to attend ante-natal appointments, irrespective of length of service or hours of work.

Employees should make every effort to ensure that ante-natal appointments are attended outside normal or scheduled working hours.

Pregnant employees should notify their line manager of any pregnancy related appointments with as much notice as possible. Employees must complete an Absence Record Form. Apart from the first appointment the employee must provide an ante-natal appointment card if requested.

Line managers may also grant reasonable time off work for relaxation classes or physiotherapy treatments, which are recommended by the employee’s health professional. The recommendation must be confirmed in writing and an appointment card must be produced. Employees should always try to minimise time taken off work. Time off does not need to be made up.





ACCOMPANYING TO ANTE-NATAL APPOINTMENTS

An employee who has a qualifying relationship with a pregnant woman or her expected child is entitled to take up to 6.5 hours paid leave on two occasions in order that he or she may accompany the woman when she attends by appointment at any place for the purpose of receiving ante-natal care.

Employees should make every effort to ensure that ante-natal appointments are attended outside normal or scheduled working hours. BTP is aware that this is not always possible; therefore appointments should be made at a time where minimal disruption will occur.

Employees should notify their line manager of any pregnancy related appointments they wish to attend with the expectant mother with as much notice as possible. Employees must complete an Family Leave Request form. The employee must provide an ante-natal appointment card if requested.

RECALL TO DUTY

Employees may be recalled to duty at any time during Maternity/ Paternity/ Adoption/ Shared Parental Leave. This should only be for exceptional reasons such as court attendance or a disciplinary hearing. The only time employees are exempt from being recalled to duty is during the 2 weeks compulsory maternity leave (2 weeks following giving birth)

If an employee is required to attend court whilst on maternity leave/ Paternity/ Adoption/ Shared Parental Leave, they should attend, unless a doctor certifies they are unfit to do so. Attendance at court is classed as duty and an officer must ensure they are booked on duty and where applicable a risk assessment is completed.

A recall to duty from maternity leave is different from a voluntary return to work or KIT day. A recall to duty will not normally count as a KIT day and should be treated separately, unless the employee chooses to use a KIT day for this purpose.

Payment details:

If the employee is receiving OMP and is recalled to duty, they will be paid for the period they attend and the period of OMP will be extended (but not the SMP period).

If the employee is receiving SMP, they will be paid for the time they attend, but they will lose their SMP and maternity leave for each week in which they work. If the employee chooses, they may use a KIT day for a recall to duty to facilitate them not losing their SMP for the whole week; in no circumstances will an employee receive more than their standard daily rate of pay.

If the employee is on unpaid maternity leave, they will be paid at their standard rate of pay for each day they work and their maternity period leave will not be extended.





KEEPING IN TOUCH (KIT DAYS)/ SHARED PARENTAL LEAVE IN TOUCH (SPLIT DAYS)

Keeping in Touch Days (KIT days) are offered to employees on Maternity or Adoption Leave, they are designed to allow the mother to keep in contact with their employer during Maternity/ Adoption Leave. Employees are able to complete up to a maximum of 10 KIT days.

SPLIT days are the same as KIT days however the they are offered to both parents when on shared parental leave, each parent are allowed up to 20 SPLIT days each.

When an employee is undertaking a KIT/ SPLIT day, they will be able to carry out duties for BTP for which they will be paid at their standard rate of pay for the actual hours worked.

If the employee is receiving Occupational Maternity/Adoption/ Shared Parental pay and works a KIT day the period of Occupational Maternity/Adoption/ Shared Parental pay is temporarily suspended and the Occupational Maternity/Adoption/ Shared Parental pay period will be extended, as maternity/adoption/ shared parental leave can be taken in more than one period.

If the employee is receiving statutory Maternity/Adoption/ Shared Parental pay this will not impact on or interrupt any Maternity/Adoption/ Shared Parental payments being made and there will be no extension of the Maternity/Adoption/ Shared Parental leave period. Payment will be made for the hours worked on the KIT/SPLIT day plus the Maternity/Adoption/ Shared Parental pay for the week in which the KIT/SPLIT day occurs.

Payment for KIT/SPLIT days are pensionable.

TERMS AND CONDITIONS OF A KIT/SPLIT DAY

The employee and their line manager should agree the work that the employee will complete before they undertake a KIT/SPLIT day. The employee will be able to complete any work that would usually fall under the remit of their position, but may also use KIT days to attend training, performance reviews or team meetings. KIT/SPLIT days do not normally involve working from home such as checking emails. Work done on a KIT/SPLIT day should help make the return to work easier.

The line manager must ensure a risk assessment is conducted to ensure the employee is fit and able to undertake the work.

Any period of working in one day during maternity or adoption leave will count for one whole KIT/ SPLIT day. For example, if an employee attends BTP for two hours they will





have used up one whole KIT/SPLIT day. However, the employee will only be paid for the hours that they have worked.

The employee will be entitled to count one KIT/SPLIT day for a shift that spans two days over midnight, providing that the shift would form part of their usual working pattern.

RECORD RETENTION SCHEDULE

Records created as a result of this policy should be sent to the HRBC. Records are retained in accordance with the HRBC Record Retention Schedule. Please contact HRBC for further details.





FAQ’s

I am still in my probationary period but I am due to start leave related to this policy, will I pass my probation?

When an employee becomes pregnant/ matched with a child whilst serving their probationary period, or where an employee is already pregnant when commencing probation, the probationary period may be suspended or extended until the employee has returned to full duties. The suspension or extension would only be required to accommodate any possible absences or temporary duty restrictions that may have an impact upon the employee’s ability to complete the competencies required for their particular role.

I gave birth prematurely, what will happen to my leave & pay?

In the case of a premature birth, if maternity leave and pay has already begun, then there is no change to the entitlements or start dates.

If childbirth occurs before the Expected Date of Childbirth (EDC) and maternity pay has not already commenced then maternity leave and pay will commence on the day after childbirth, provided that the employee meets all the requirements for the entitlements. This will apply even when the baby is prematurely born before the 15th week before their EWC.

I am due to have multiple births (e.g. twins or triplets etc.) will I receive additional leave?

No, in the case of multiple births there is only one entitlement to one period of maternity leave/ paternity/ shared parental leave and pay.

What happens if I/ my partner suffers a miscarriage?

If an employee suffers a stillbirth after 24 weeks of pregnancy, it is deemed as childbirth; therefore they will have the right to maternity leave/ paternity and pay in accordance with their length of service. An employee will not be eligible to take shared parental leave.

An employee who miscarries before the start of the 25th week of pregnancy will not be entitled to leave or pay under the maternity/ paternity scheme. They will however be entitled to sick pay and/or compassionate/special leave. This will be granted on the basis of individual circumstances taking into consideration the needs and welfare of the employee and medical opinion.





If the baby is born alive but later dies, the employee retains their entitlement to maternity/ paternity leave and pay under the normal conditions.

BTP will offer support to employees in these circumstances. The services of the OH Service Delivery Team are available for advice and counselling.

Can I breastfeed at work?

BTP supports new mothers who return to work by endeavouring to provide facilities for breastfeeding or expressing milk and allowing the employee to manage their own breaks with consent from their line manager.

Suitable breastfeeding facilities should comprise of:

A comfortable and relaxed environment.

A private place, where the employee will not be disturbed.

A place for the employee to sit or lay down.

Be conveniently situated in relation to sanitary facilities.

A fridge and washing facilities to sterilize any equipment.

An electric point.

Line managers are responsible for ensuring that the employee’s needs in regards to breastfeeding or expressing milk are met. This entails consulting the employee on what their requirements may be.

Prior to a breastfeeding employee returning to work, the line manager is required to assess the accessibility of breastfeeding facilities in the workplace for the employee. Upon the employee’s return to work and periodically thereafter a risk assessment will be undertaken by the line manager of the new mother’s work environment. Once a risk assessment and consultation with the employee has been undertaken, BTP will take any necessary action required to provide suitable breastfeeding facilities for the employee. Adjustments to the work place, location or alternative work may need to be found to accommodate the employee.

It is the responsibility of the employee to advise BTP in writing that they are breast feeding. BTP has a duty to consider all risks to the health of the mother and/or her child arising from working conditions and associated training. The line manager must ensure that a full risk assessment in carried out and whether it is safe for the mother to perform her full current role. BTP will take reasonable action to reduce any risk identified.

What happens to my annual leave & Public holidays whilst I am on leave?

During any period of statutory maternity/paternity/ adoption/ shared parental leave, annual leave will continue to accrue.





An employee may take annual leave both prior to and following a period of maternity/paternity/ adoption/ shared parental leave. This is provided that their annual leave entitlement for the calendar year is not exceeded and their line manager authorises it.

An employee is also entitled to receive full public holiday leave accumulated during periods of paid and unpaid statutory maternity/paternity/ adoption/ shared parental leave.

What happens to my pension contributions during leave?

Maternity/ paternity/ adoption/ shared parental leave will count as pensionable service provided that the employee continues paying pension contributions.

An employee who is on paid leave they will continue to pay pension contributions at a rate applicable to their earnings.

When an employee commences a period of unpaid maternity/paternity/ adoption/ shared parental leave, employee pension contributions will be paid by BTP on behalf of the employee. Arrears on contributions will accumulate. Pension arrears will be collected upon the individual’s return to work by a 50% increase in contributions until the money is reclaimed.

BTP will continue to pay the employer’s portion of the pension contribution for the entire period of maternity/paternity/ adoption/ shared parental leave.

What will happen to my salary sacrifice benefits?

Periods of lower paid or unpaid leave may have an impact on payments to an employee salary sacrifice benefit. Refer to terms and conditions of individual schemes for further details.

Can I receive Housing allowance whilst on maternity/paternity/ adoption/ shared parental Leave?

Housing allowance for employees on maternity/paternity/ adoption/ shared parental leave will cease to be paid.

For an employee who is eligible for BTP Occupational maternity/paternity/ adoption/ shared parental leave Pay, the housing allowance will be reflected in the calculation of the standard weekly earnings.

Will I continue to accrue reckonable service during my maternity/paternity/ adoption/ shared parental Leave?

All absences due to this policy will count for reckonable service.





The first 52 weeks of leave is reckonable for incremental pay and leave purposes and for inclusion in any period of probationary service for all employees.

Return to duty for any reason other than a KIT day, will not count towards the 52 week period reckonable for pay and leave purposes, i.e. the 52 week period will be suspended for the length of time the employee has returned to duty and restarted once they resume maternity leave.

I do not intend to return to work following my leave of absence, will I still receive my Maternity/ Paternity/ Adoption pay.

An expectant mother/ parent placed with a child, who chooses to resign prior to the commencement of maternity/ paternity/ adoption/ shared parental leave, is still entitled to Statutory Maternity/ Paternity/ Adoption or Shared Parental Pay and Leave. This is provided that the employee:

continues to work up until the Qualifying Week; and

does not start work with another employer.

The employee should notify their line manager in writing as soon as practicably possible of their resignation. The resignation letter should be forwarded to the HR Business Centre to ensure that the appropriate leaving procedures are followed.

An employee on maternity leave who is thinking about resigning should contact the HR Business Centre to ensure that they have considered all the options available to them.

An employee who decides to resign while on maternity leave must forward their resignation to their line manager as soon as practicably possible, ensuring that they comply with the notice period required as set out in their contract of employment.

An employee who fails to return to work for at least one month after maternity leave and who has been paid OMP is required to reimburse BTP the full amount of monies paid as BTP Occupational Maternity Pay. The Maternity Leave and Pay Spread sheet details the amount of OMP that is to be repaid.

I am acting as a surrogate for another couple what rights do I have?

The woman who gives birth is always treated as the mother in UK law and has the right to keep the child - even if they’re not genetically related. Every pregnant employee has the right to 52 weeks’ maternity leave and occupational leave if applicable and to return to their job after this.

What a birth mother does after the child is born has no impact on her right to maternity leave and pay.





I am having a child via a surrogacy agreement, I intend to apply/ have applied for a “parental order” what are my entitlements?

For surrogacy arrangements, if the intended parents have applied, or intend to apply, for a 'parental order' then, subject to meeting qualifying conditions, the nominated 'primary' adopter will be entitled to take adoption leave and pay and to end their adoption leave early and move onto shared parental leave.