A comprehensive service to keep journalists informed about the work of NHS Employers. A two-week discussion period between the employee and employer will commence on the date the employee submits the booking notice. Its purpose is to give parents more flexibility in considering how to best care for, and bond with, their child. 15.21 By prior agreement with the employer, occupational maternity pay may be paid in a different way, for example a combination of full pay and half pay, or a fixed amount spread equally over the maternity leave period. It is also available where an adoption agency placed a child with you and/or your partner after 5 April 2015. 15.86 Employees on fixed-term contracts who do not meet the 12 months’ continuous service condition set out in paragraph 15.105 or 15.108, may still be entitled to Statutory Maternity / Adoption / Shared Parental Pay. South Central Ambulance Service NHS Foundation Trust Unit 7 & 8, Talisman Business Centre, Talisman Road, Bicester, Oxfordshire, OX26 6HR Maternity, Paternity, Adoption & Shared Parental Leave 2019 28 COMMENCEMENT OF MATERNITY SUPPORT (PATERNITY) LEAVE 11 15.78 An employee has the right to return to their job under their original contract and on no less favourable terms and conditions. 15.39 Full pay will be calculated using the average weekly earnings rules used for calculating Statutory Adoption Pay entitlements, subject to the following qualifications: i) in the event of a pay award or move to a higher pay point being implemented before the paid adoption leave period begins, the adoption pay should be calculated as though the pay award or new pay point had effect throughout the entire Statutory Adoption Pay calculation period. Maternity, Paternity, Adoption and Shared Parental Leave Policy. 15.54 In instances where discontinuous periods of leave are requested, employers are not bound to agree the requested pattern. 15.31 In the event where an employee’s baby is stillborn after the end of the 24th week of pregnancy, the employee will be entitled to the same amount of maternity leave and pay as if their baby was born alive. 15.55 In instances where a discontinuous period of leave has been refused and an alternative period has not been agreed during the discussion period, the total combined weeks’ leave requested on that notice may be taken as a single continuous block. ShPP can be claimed following the birth or placement of the child, but not at the same time as the compulsory two weeks of leave following the birth or placement of the child. HMRC . Shared parental leave Shared parental leave enables eligible mothers, staff who have given birth to a child, fathers, partners and adopters to choose how to share time off work after their child is born or placed for adoption. 15.87 Where an employee is on a planned rotation of appointments with one or more NHS employers, as part of an agreed programme of training, they shall have the right to return to work after a period of maternity, adoption or shared parental leave in the same post or in the next planned post, irrespective of whether the contract would otherwise have ended if pregnancy and childbirth/adoption/shared parental leave had not occurred. to legislation governing maternity, paternity, adoption, shared parental or surrogacy leave. Shared parental leave is designed to give parents more flexibility in how to share the care of their child in the first year following birth or adoption. We use cookies to give you the best experience on our website. 15.111 NHS organisations have scope locally to agree more favourable arrangements where they consider it necessary, or further periods of unpaid leave on an individual basis. An employee can submit a notice to extend a period of leave, end it sooner than previously agreed or consolidate a number of discontinuous weeks in to a single block of leave using a variation notice. Shared parental leave guidance. The aim of this policy is to ensure the safety of pregnant and nursing mothers and to set out the entitlements to time off with pay and unpaid periods of leave, where appropriate, for employees requesting maternity, paternity (maternity support), shared parental leave or adoption leave. Absence prior to the last four weeks before the expected week of childbirth, supported by a medical statement of incapacity for work, or a self-certificate, shall be treated as sickness absence in accordance with normal leave provisions. 15.76 A risk assessment must be carried out for any employee who is breastfeeding and facilities must be provided in accordance with paragraph 15.33-15.34. 15.74 For KIT /SPLiT days worked the employee will be paid at their basic daily rate for the hours worked, less any occupational or statutory maternity / adoption / shared parental leave payments. Unpaid leave, up to a maximum of six and a half hours per appointment can be accessed. Shared Parental Leave – Employee – Vary Notice of Entitlement & Intention 48 10. 15.69 An employee may work for up to a maximum of ten KIT days without bringing their maternity or adoption leave to an end. 15.116 Employees who are not eligible for the two weeks of pay during their new parent support leave may still be entitled to statutory paternity pay subject to meeting the qualifying conditions described in the relevant legislation. 15.30 Where an employee’s baby is born before the 11th week before the expected week of childbirth and the baby is in hospital, the employee may split their maternity leave entitlement, taking a minimum period of two weeks’ leave immediately after childbirth and the rest of their leave following their baby’s discharge from hospital. Refer to Annex 23 (England) for further information. Any days of work will not extend the shared parental leave period. 15.67 To enable employees to take up the opportunity to work KIT and SPLiT days, employers should consider the scope for reimbursement of reasonable childcare costs or the provision of childcare facilities. If such a pay award was agreed retrospectively the adoption pay should be re-calculated on the same basis; iii) in the case of an employee on unpaid sick absence or on sick absence attracting half pay during the whole or part of the period used for calculating average weekly earnings, in accordance with the earnings rules for Statutory Adoption Pay purposes, average weekly earnings for the period of sick absence shall be calculated on the basis of notional full sick pay as set out in the provisions at section 14.4 and 14.5 of this agreement. In instances where the employee specifies no date, leave will commence on the start date of the first period of discontinuous leave that was originally applied for. Please email altformats@nes.scot.nhs.uk to discuss Shared Parental Leave – Letter unsuccessful request for Discontinuous Leave 51 12. The individual must have earned at least an average of £30 (gross) a week in 13 of those 26 weeks (not necessarily continuously). 15.4 Paragraphs 15.18 to 15.43 of this section set out the maternity and adoption leave and pay entitlements of NHS employees under the NHS occupational scheme. the employee shall be paid, by their current employer, the value of statutory maternity / adoption / shared parental pay they would have otherwise received if their statutory continuity had not been broken by their change of employer. Once the 15th day has passed any changes to a period of leave must be made by using a variation notice and a minimum of eight weeks’ notice must be provided. Shared Parental Pay. 15.56 An employee is not entitled to withdraw a notice for a single continuous block of leave but may do so with the employer’s express permission. Tuesday, December 11, 2018. The amount of annual leave and public holidays to be taken in this way, or carried over, should be discussed and agreed between the employee and employer. 15.9 Paragraphs 15.106 to 15.109 define the service that can be counted towards the 12-month continuous service qualification required for maternity, adoption and shared parental leave and pay and which breaks in service maybe disregarded for this purpose. Statutory Maternity, Adoption or Shared Parental pay will be paid regardless of whether they satisfy the conditions in paragraph 15.14, 15.15 or 15.17. NHS Employers offers NHS organisations a comprehensive range of events, seminars and conferences to share best practice, get … 15.91 An employee on maternity / adoption / shared parental leave will progress through their pay step on the date the pay step is due unless a pay-step review meeting has taken place prior to the commencement of leave which confirmed that the required standards for pay progression would not be met. However, this may be extended by local agreement in exceptional circumstances. NHS Employers offers NHS organisations a comprehensive range of events, seminars and conferences to share best practice, get informed and network with colleagues. iii) the length of any period of accrued annual leave which it has been agreed may be taken following the end of the formal adoption leave period (see paragraphs 15.93 and 15.94); 15.37 Where an employee intends to return to work the amount of occupational adoption pay receivable is as follows: i) for the first eight weeks of absence the employee will receive full pay, less any Statutory Adoption Pay receivable; ii) for the next 18 weeks the employee will receive half of full pay, plus any Statutory Adoption Pay receivable, providing the total receivable does not exceed full pay; iii) for the next 13 weeks, the employee will receive any Statutory Adoption Pay that they are entitled to under the statutory scheme; 15.38 By prior agreement with the employer, occupational adoption pay may be paid in a different way, for example a combination of full pay and half pay, or a fixed amount spread equally over the adoption leave period. Where such pay (excluding pay during the compulsory two-week maternity/adoption leave period) has been received by either parent, the maximum joint entitlement set out below will reduce proportionate to the amount of maternity or adoption pay which has either been taken and paid to either parent, or notified as intending to be taken by either parent. 15.1 All employees will have the right to take 52 weeks of maternity and / or adoption leave, or up to 52 weeks of shared parental leave (minus any maternity or adoption leave taken). 15.28 Where an employee’s baby is born before the 11th week before the expected week of childbirth and the employee has worked during the actual week of childbirth, maternity leave will start on the first day of the employee’s absence. All eligible employees have a statutory right to take Shared Parental Leave. 15.36 Following discussion with the employee, the employer should confirm in writing: ii) unless an earlier return date has been given by the employee, their expected return date, based on their 52 weeks paid and unpaid leave entitlement under this agreement; and. 15.114 Full pay will be calculated on the basis of the average weekly earnings rules used for calculating occupational maternity / adoption pay entitlements. 15.97 The pregnant employee’s partner will be entitled to unpaid leave to attend two ante natal appointments. If such a pay award was agreed retrospectively the maternity pay should be re-calculated on the same basis; iii) in the case of an employee on unpaid sick absence or on sick absence attracting half pay during the whole or part of the period used for calculating average weekly earnings, in accordance with the earnings rules for Statutory Maternity Pay purposes, average weekly earnings for the period of sick absence shall be calculated on the basis of notional full sick pay as set out in the provisions at section 14.4 and 14.5 of this agreement. NHS Education for Scotland Maternity & Breastfeeding Support Policy Paternity (Maternity Support) Policy Adoption & Fostering Policy and Shared Parental Leave Policy This resource can be made available in full or summary form, in alternative formats and community languages. If a KIT /SPLiT day is worked in the full pay period, the employer will make arrangements to ensure the employee receives a day of paid leave in lieu once the employee has returned to work. Further information can be found on the government website https://www.gov.uk/working-when-pregnant-your-rights. 15.25 If an employee is off work ill, or becomes ill, with a pregnancy-related illness during the last four weeks before the expected week of childbirth, maternity leave will normally commence at the beginning of the 4th week before the expected week of childbirth or the beginning of the next week after the employee last worked, whichever is the later. entitlements to Shared Parental Leave and Statutory Shared Parental Pay, and to inform Host Organisations and Lead Employer staff on the process and procedures in place to manage applications. agendaforchange@nhsemployers.org, Employer FAQs on the local clinical excellence awards, JEG advice for using template job descriptions. Shared Parental Leave – Employee – Period of Leave Notice 46 9. In Scotland, this section should be read in conjunction with the most up to date PIN policies which can be found at www.staffgovernance.scot.nhs.uk. Where it is not reasonably practicable to offer suitable alternative work, the employee should be suspended on full pay. 15.42 Should the adoption break down (“Be disrupted”) the employee will be entitled to continue their adoption leave and receive the appropriate payment for that time. This policy is written in accordance with the Shared Parental Leave Regulations 2014, The Statutory Shared Parental … This will enable employees on shared parental leave to work either continuously or on odd days without bringing an end to their shared parental leave and pay. The employee will receive full pay less any statutory paternity pay receivable. We are planning on having a baby and would like to use shared parental leave. These scenarios should help you as an employer guide your staff to the best possible outcome for them. Shared Parental Leave in Touch days . The total receivable cannot exceed full pay; iii) for the next 13 weeks, the employee will receive any ShPP that they are entitled to under the statutory scheme. 15.11 Paragraph 15.117 explains how to get further information about employees’ statutory entitlements. 15.83 Employees subject to fixed-term or training contracts which expire after the 11th week before the expected week of childbirth, or the date of matching, or the 15th week before the baby’s due date if applying via a surrogacy arrangement, and who satisfy the relevant conditions in paragraphs 15.14, 15.15 or 15.17 shall have their contracts extended so as to allow them to receive the 52 weeks, which includes paid occupational and statutory maternity / adoption / shared parental pay, and the remaining 13 weeks of unpaid maternity / adoption / shared parental leave. 15.89 Where an employee does not have enough statutory continuity of service to access statutory maternity /adoption / shared parental pay as a result of being required as part of their training programme to work in a Crown Dependency, and they would have had sufficient statutory continuous service to access statutory maternity pay, statutory adoption pay, or statutory shared parental pay had they not been required to work in a Crown Dependency, the employee shall be paid, by their current employer, the value of statutory maternity / adoption / shared parental pay they would have otherwise received if their statutory continuity had not been broken by working in a Crown Dependency. Trust Board – The Trust Board has delegated responsibility for ensuring compliance with the Shared Parental Leave (SPL) enables eligible parents whose babies are due, or who will adopt a child, to choose how to share the care of their child during the first year of birth or adoption, providing parents with additional flexibility. If it is found, or a medical practitioner considers, that an employee or the child would be at risk were they to continue with their normal duties, the employer should provide suitable alternative work for which the employee will receive their normal rate of pay. 15.35 If the employee subsequently needs to change the date from which they wish their leave to start, they should notify their employer at least 28 days beforehand (or, if this is not possible, as soon as is reasonably practicable beforehand). 15.82 If an employee who has notified their employer of their intention to return to work for the same or a different NHS employer, in accordance with paragraph 15.14, 15.15 or 15.17 fails to do so within: i) 15 months of the beginning of their maternity / adoption leave, or. 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