SHARED PARENTAL LEAVE/PAY POLICY A Guide for Staff and Managers For Parents Who Meet Eligibility Criteria For Babies Due To Be Born or Children Adopted On OR After 05 April 2015 APPROVED BY: South Gloucestershire Clinical Commissioning Group Quality and Governance Committee DATE August Date of Issue:- August 2015 Version No: 1 Date of Review:- August 2017 (extension agreed to February 2018) Author:- Human Resources 1
Document status: Draft Version Date Comments 0.1 Aug 2015 Reviewed by NBT no changes recommended 2
Glossary SPL - Shared Parental Leave ShPP - Shared Parental Pay Mother Woman who gives birth or adopter Partner - Child s biological father/partner of the mother/primary adopter SPLIT days - Shared parental leave Keeping In Touch Days 3
CONTENTS Section Summary of Section Page Cont Contents 4 1 Shared Parental Leave (SPL) Benefits Information and Qualifying Conditions 5 2 Entitlements 6 3 Before You Commence Leave 7 4 After Commencement of Leave 9 5 Return to Work 10 6 Other Conditions 11 7 Other Information 12 8 Contact for Queries 13 Appendix Appendix 1 SGCCG SPL Keeping in Touch Days Record Form 14 4
1. SHARED PARENTAL LEAVE (SPL) BENEFITS INFORMATION AND QUALIFYING CONDITIONS 1.1 This information is intended for guidance only. 1.2 SPL is the statutory right for you, if eligible, to choose how to share the care of your child during the first year of birth or adoption. 1.3 During SPL leave (both paid and unpaid) you retain all your contractual rights, except remuneration. 1.4 You may also be entitled to some shared parental pay (ShPP). 1.5 This policy does not form part of any member of staff contract of employment and may be amended from time to time. 1.6 This policy uses the following key terms and abbreviations; Mother: the woman who gives birth to a child or the adopter. The adopter is the person who is eligible for adoption leave and/or pay. They can be male or female Partner: the child s biological father or the partner of the mother/primary adopter. This can be a spouse, civil partner, or a partner who is living in an enduring relationship with the mother and the child. 1.7 Both mother and partner must share the main responsibility for the care of the child at the time of the birth or adoption. 1.8 Qualifying Conditions 1.8.1 To qualify for SPL the following conditions must be satisfied: SPL applies only if both you and the mother/partner meet the qualifying conditions. 1.8.2 If you are the mother employed by South Gloucestershire Clinical Commissioning Group (SGCCG), to be eligible for SPL you must: satisfy the continuity of employment requirements have, or expects to have with your partner the main responsibility for the care of the child be entitled to statutory maternity/adoption leave or statutory maternity/adoption pay, in respect of the child curtail your statutory maternity/adoption leave or have returned to work comply with the notice requirements to SGCCG relating to entitlement to SPL supply the required evidence to SGCCG provide the required period of notice for the leave you wish to take have a partner who satisfies the employment and earnings test 5
1.8.3 If you are the partner employed by SGCCG and your partner has had a baby/adopted a child, to be eligible for SPL the following applies; the mother must be entitled to statutory maternity/adoption leave or statutory maternity/adoption pay, in respect of the child the mother must have curtailed her maternity or adoption leave and pay, or returned to work you must satisfy the continuity of employment and earnings test (see below) you must have or expect to have, the main responsibility for the care of the child (apart from any responsibility of the mother) you must comply with the notice and evidence requirements 1.9 Continuity of employment 1.9.1 The employee must have worked for SGCCG continuously for at least 26 weeks up to the 15th week before the expected week of childbirth - the qualifying week and is still working for SGCCG at the start of each leave period. 1.9.2 An employee who is adopting, or who is the partner of an adopter, meets the continuity of employment test if he or she has been continuously employed by SGCCG for 26 weeks in the week in which the adopter is notified of having been matched with a child for adoption, and is still employed by SGCCG in the week before any shared parental leave is due to start. 1.10 Earnings test 1.10.1 The partner must be a worker, employed or self-employed earner for at least 26 weeks in the 66 weeks immediately before the expected week of childbirth. They must also have earned at least the maternity allowance threshold for any of 13 of the 66 weeks (add up the highest paying weeks, they don t need to be in a row). 1.10.2 Your partner doesn t have to be working at the date of birth/adoption or when you start SPL or ShPP. 1.10.3 This 66 week period is known as the test period. 2 ENTITLEMENTS 2.1 Shared Parental Leave the maximum amount of leave that can be shared between the parents is 50 weeks the leave can be taken during the 12 months following the birth of the child, but cannot begin earlier than two weeks following the child s birth (compulsory maternity leave for the mother. For adopters at least 2 weeks of adoption leave must be taken before it can be curtailed. the mother must give notice to end her entitlement to maternity/adoption leave 6
the portion of maternity/adoption leave which is untaken by the mother will, in effect, be converted into shared parental leave 2.2 The leave can be taken separately or at the same time, subject to the following requirements: the minimum period of leave must be one week, the leave must be taken in multiples of complete weeks, and the leave may be taken as one continuous period or discontinuous periods 2.3 This means that the mother can return to work after maternity/adoption leave and take shared parental leave at a later date or dates (subject to the notice requirements explained below). Similarly, the partner can take shared parental leave at any time it does not need to start as soon as the mother has given notice to curtail her entitlement to maternity/ adoption leave or returned to work. 2.4 Shared Parental Pay (ShPP) 2.4.1 If you are eligible to receive it, ShPP may be paid for some, or all of the SPL period. Up to 37 weeks of statutory shared parental pay will be available to be shared between the parents. 2.4.2 Statutory shared parental pay is paid for up to 37 weeks at the lower of the statutory prescribed rate or 90 per cent of the relevant parent s normal weekly earnings (subject to the lower earnings limit). The remaining 13 weeks of shared parental leave are unpaid. 2.4.3 The lower rate ShPP will be paid even if the mother returns from maternity leave during the period where the higher level of maternity pay would have been available to her (6 weeks at 90% SMP). 3 BEFORE YOU COMMENCE LEAVE 3.1 How does Shared Parental Leave link in with maternity or adoption leave/pay? (mother) 3.1.1 Even if you intend to take shared parental leave you need to refer in the first instance to the Maternity Policy and Adoption Policy. You therefore need to apply for maternity/adoption leave/pay in the normal way within the required timescales. The Maternity Policy and Adoption Policy provide further information for you to consider during your pregnancy and in the run up to the birth of your baby or the placement of your child. 3.1.2 You must take at least 2 weeks compulsory maternity/adoption leave and pay after the birth of your baby or the first two weeks of your adoption leave. 3.2 What are the notification arrangements for SPL? (mother and partner) 7
3.2.1 If you are considering sharing the care of your baby you must read this guide carefully and refer to the letters in the Appendix. If you are entitled and intend to take SPL you must give your manager notification of your entitlement and intention to take SPL at least 8 weeks before you can take a period of SPL and (if applicable) receive ShPP. 3.3 How do I book SPL? (mother and partner) 3.3.1 In addition to notifying the SGCCG of your entitlement to SPL/ShPP you must also give notice to take the leave. You may give notice to take leave at the same time as the notice of entitlement to SPL. 3.3.2 You have the right to submit three notifications specifying leave periods you are intending to take. Each notification may contain either a single period of weeks of leave or two or more weeks of continuous leave, where you intend to return to work between periods of leave. 3.3.3 SPL can only be taken in complete weeks but may begin on any day of the week. 3.3.4 Continuous leave notifications notification can be for a period of continuous leave, i.e. a number of weeks taken in a single unbroken period of leave e.g. 6 weeks in a row. The period can be up to the total number of weeks SPL available to them. 3.3.5 Discontinuous leave notifications notification may be a request for two or more periods of discontinuous leave, i.e. a set number of weeks leave over a period of time, with breaks between the leave where you return to work e.g. six weeks SPL where you work every other week. Your manager will meet with you for a discussion on agreeing an arrangement that meets the needs of both yourself and SGCCG. However SGCCG has the right to refuse it and will only agree these leave arrangements in exceptional circumstances. If the leave pattern is refused you can take the leave in a single continuous block. 3.4 How should I keep in contact with my manager? 3.4.1 Before going on leave, you and your manager should discuss and agree voluntary arrangements for remaining in contact during your maternity/spl period including: any voluntary arrangements that you may find helpful to remain up to date with developments at work and, nearer the time of your return, to help facilitate your return to work; keeping SGCCG up to date with any developments that may affect your intended date of return. 3.4.2 Your manager will keep you informed of information relating to your job that you would normally be made aware of if you were at work. 8
3.4.3 This is not classed as part of the Shared Parental Leave Keeping In Touch (SPLIT) days in which a member of staff may come into work to attend, for example, training, team meetings or undertake work for up to 20 days whilst on SPL (see Section 4). 3.5 What happens to my annual leave whilst I am away on SPL? 3.5.1 Your contractual annual leave entitlement is determined by your current Agenda for Change Terms and Conditions and will continue to accrue during your paid and unpaid maternity/spl in any leave year. Where the amount of accrued annual leave would exceed normal carry over provisions, you and your manager should agree how this is taken, either before and/or on return from your SPL period (including carrying over in excess of 5 days). Where this is not agreed in advance, normal provisions for Annual Leave carry over will apply. 4 AFTER COMMENCEMENT OF LEAVE 4.1 Can I revoke notice to curtail maternity/adoption leave (mother or primary adopter)? 4.1.1 You are only able to revoke the notice to curtail maternity/adoption leave if you have not returned to work, the curtailment date has not passed and one of the following circumstances apply; 1. Where in the 8 weeks following the notice you discover that neither you nor your partner has entitlement to SPL/ShPP 2. In the event of the death of your partner 3. If the notice was given before birth/adoption and you revoke the curtailment notice in the six weeks following the birth/adoption; In this case your partners entitlement to SPL stops. 4.1.2 If you wish to revoke notice to curtail maternity/adoption leave you must inform your manager in writing. 4.2 What if I just want to work for a day or two during my SPL - Keeping In Touch days ( SPLIT )? 4.2.1 Whilst there is no obligation to provide work, with the agreement of your manager you may work for up to 20 days (per parent), continuously or odd days, whilst on SPL without it being classed as a return to work. These days are known as SPL Keeping In Touch or SPLIT days. 4.2.2 You will be entitled to receive payment at your normal hourly rate for the hours worked. Your manager will be required to inform Payroll via a Change of Conditions form. 4.2.3 It is important that you discuss with your manager at the earliest opportunity any intention to use any SPLIT days. These discussions should ideally take place before you start your SPL. 9
5 RETURN TO WORK 5.1 When do I have to state my intention to return to work? 5.1.1 If you are the mother you will be asked on the Maternity/Adoption Leave/Pay Application Form whether you intend to return to work for Occupational Maternity/Adoption Pay purposes. Once you have submitted your Maternity/Adoption Leave/Pay Application Form, the Payroll Department will write to you 6 weeks before your leave starts to confirm your return to work date and entitlement to maternity/adoption leave and pay. 5.1.2 If you chose to curtail your maternity/adoption leave/pay you will need to complete the notice of entitlement and intention to take SPL form which asks how you intend to take the leave. All SPL must be taken within 52 weeks of the birth/adoption of the child. 5.1.3 If you wish to return to work earlier than the expected return date you must provide a written notice to vary the leave with at least 8 weeks notice of your date of early return. 5.1.4 We would encourage you to discuss your working pattern with your manager at the earliest opportunity so that suitable arrangements are put in place. Your manager needs to complete a change of conditions form to confirm your return date and any variances to your contract. 5.2 What are my rights on return to work? 5.2.1 You have the right to return to work after SPL (including relevant periods of statutory leave e.g. maternity, adoption, paternity but not including unpaid parental leave of more than 4 weeks), that totals 26 weeks or less in aggregate, to the same job on the same terms and conditions of employment as if you had not been absent, unless a redundancy situation has arisen. 5.2.2 If you return to work having taken 26 weeks or more aggregate leave (including maternity, SPL, parental etc.) you are normally entitled to return to the same job on the same terms and conditions of employment as if you had not been absent. However if there is a reason why it is not suitable and appropriate for you to return to your old job you must be offered a similar job on terms and conditions which are not less favourable than your original job. In these circumstances your manager would need to consult with you as soon as practically possible about any proposed changes to your job when you return from your SPL. Such circumstances would be exceptional and managers would be expected to manage any changes in conjunction with ASK HR. 10
5.3 Can I return to work on reduced hours? 5.3.1 Whilst you have no automatic right to reduce your hours, your manager will consider a request to return to work on reduced hours sympathetically and in line with SGCCG s commitment to work-life balance policies. However, this will need to be assessed against the needs of the service. This can be agreed at any time before or during SPL and preferably at the earliest opportunity (see section above on annual leave). If your manager is unable to accommodate your request, alternative arrangements may be considered. Please see Work life Balance and Flexible Working Policy for further details. 5.4 As the mother if I decide not to return to work after I have had my baby do I have to repay any of my maternity pay? 5.4.1 If the mother fails to return to work for 3 months following the period of maternity/adoption leave/spl SGCCG will take steps to recover the Occupational Maternity/adoption Pay paid (see Maternity and Adoption Policy), but this does not affect your right to Statutory ShPP. 5.4.2 If you decide not to return to work you must hand in your written resignation in the normal way. Your manager will be required to complete a termination form and payroll will write to you regarding any overpayment which may be due to be repaid. 6 OTHER CONDITIONS 6.1 Do I receive any pay award payment? 6.1.1 Any pay award will continue to be applied in line with your terms and conditions of service. 6.2 Does SPL affect any incremental pay? 6.2.1 Absence on maternity or adoption leave whether paid or unpaid will count towards your normal annual increment in accordance with the Terms and Conditions of Service Handbook. 6.3 Does SPL affect my NHS Pension Scheme contributions? 6.3.1 If you contribute to the NHS Pension Scheme and are absent on SPL you continue to be liable for pension contributions. You need to consider whether you wish to keep up with your pension contributions. During paid SPL, contributions are due on the amount of pensionable pay received. During unpaid SPL, contributions are due on the pay actually received immediately prior to going on unpaid SPL. Deductions due in the unpaid part of SPL will be deducted from your salary over the same period as you were on unpaid leave on your return to work, unless other arrangements have been discussed and agreed with the Pensions Department prior to commencing maternity or adoption leave. E.g. if you have 3 months unpaid leave, your additional contributions will be taken over the next three months salary on your return. 11
6.4 How will I receive my ShPP? 6.4.1 Your ShPP pay is paid the same way as your salary. 6.5 Does SPL affect my continuity of service? 6.5.1 SPL does not count as a break in service. 6.6 What happens about other deductions from salary while I am away e.g. trade union membership etc? 6.6.1 Your membership of any schemes may be affected or terminated if you do not continue your subscription. Deductions from salary will normally cease during the unpaid part of your SPL but are reinstated upon return to paid employment unless other arrangements are agreed with the Payroll Department. You should check with your trade union and other organisations regarding the effect on your membership whilst deductions have ceased. 6.7 How will my salary sacrifice arrangements be affected? 6.7.1 If you currently are a member of any salary sacrifice arrangements, this could affect your pay during your SPL. You MUST seek advice from Payroll at the earliest opportunity. 6.8 What about other SGCCG equipment I hold? 6.8.1 If you have a SGCCG mobile phone, laptop, clinical equipment or any other Trust property you should discuss with your manager whether these should be returned prior to you commencing SPL. 7 OTHER INFORMATION 7.1 SGCCG has a range of policies and practices for working parents. 1. Childcare Services Childcare Voucher Scheme (ceases to new members autumn 2015) Childcare Salary Sacrifice Scheme 2. Work-Life Balance and Flexible Working Policy includes; Part time Flexi-working Job share Homeworking Term time working Annualised hours 7.2 The Work-Life Balance and Flexible Working Policy can be found in SGCCG intranet, or via Ask HR 0117 414 2000. You should discuss the application of these policies with your manager in the first instance. 12
7.3 Additional Information for Staff and Managers 7.3.1 The Shared Parental Leave Policy can be found on SGCCG internet. It is your responsibility to ensure you have read and understood the guide and that you are aware of your entitlements. 7.3.2 If you are returning to work your manager should complete a Change of Conditions Form which states the date of your return to work and confirms the hours to be worked on your return. 7.3.3 If you are not returning to work your Manager must complete a Termination Form. 7.3.4 Should you need to change the choices you have made you must contact your Manager and Payroll at the earliest opportunity. 7.3.5 In addition to the responsibilities highlighted above, managers need to be aware of the following: Risk Assessments Notifying changing dates to payroll Notifying SPLIT dates to payroll 8 CONTACT FOR QUERIES 8.1 Please keep in touch with your manager and notify him/her of any changes in circumstances or queries you may have. 8.2 The Payroll Department will be able to advise on your entitlement to ShPP once your notification of entitlement have been processed. 8.3 Your manager or Ask HR will also be able to advise on entitlement to SPL. 13
APPENDIX 1 SGCCG SPL Keeping in Touch Days Record Form SPL Keeping In Touch (SPLIT) Days Record Form To Be Used As a Formal Record For Keeping In Touch Days Taken During Shared Parental Leave. Name of Member of Staff Staff Number Directorate / Department Name of Line Manager KIT DAY (1-10) 1 DATE SPLIT DAY TAKEN PURPOSE/ ACTIVITY STAFF MEMBER S SIGNATURE MANAGER S SIGNATURE MANAGER S CONFIRMATION OF NOTIFICATION TO PAYROLL (C of C Form etc) 2 3 4 5 6 7 8 9 10 Final Confirmation of number of SPLIT days taken during leave from work: Signed: Line Manager Date: 14