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SUPPORTING THE  
WORK-LIFE BALANCE
PIN POLICY
JULY 2015


i
Ministerial Foreword
NHSScotland aims to deliver the highest quality 
healthcare services and, through this, to ensure 
that we are recognised by the people of Scotland as 
amongst the best in the world. The Quality Strategy 
sets the overall direction for achieving this, both now 
and in the future, focussing on three Quality Ambitions: 
‘person-centred’, ‘safe’, and ‘effective’. The 2020 Vision 
for Healthcare recognises that, over the coming years, 
the demands for healthcare and the ways in which it is delivered will 
be radically different. 
‘Workforce’ is therefore one of the 12 strategic priorities in the 
Route Map to the 2020 Vision. The accompanying 2020 Workforce 
Vision, ‘Everyone Matters’, which was launched in June 2013, sets 
out our vision for the workforce, with values that are shared across 
NHSScotland, and asks everyone who works for NHSScotland to play 
their part in supporting the changes and living these values. The 
accompanying Implementation Framework and Plan sets out our five 
Priorities for Action in a 7-year plan to 2020 and will allow us to 
measure progress in these important areas. 
I am proud of the progress made by NHSScotland Boards in striving 
towards exemplar employer status. Staff Governance (ensuring the fair 
and effective management of staff), has been enshrined in legislation, 
and is an integral part of the NHSScotland Governance Framework. 
Similarly, the evolution of partnership working between employers 
and trade unions/professional organisations at both local and national 
level has helped to ensure that we have employment relations which 
have been described by an independent report as ‘groundbreaking’ and 
‘arguably the most ambitious labour-management partnership so far 
attempted in the UK public sector’. 
The development of NHSScotland Partnership Information Network 
(PIN) Policies provides a means of further ensuring sound staff 
governance practice. They set a minimum standard of practice in the 
area of employment policy, helping to ensure a fair and consistent 
means of managing staff which meets both current legislative 
requirements and best employment practice. These PIN Policies have 
been published following significant work in partnership between the 
Scottish Government, NHSScotland employers and recognised trade 
union/professional organisation partners, and following widespread 
consultation across the service. 


ii
These PIN Policies also form part of the terms and conditions of 
employment of all NHSScotland employees. While Boards may develop 
policies to meet particular local needs, I expect all Boards to adhere 
to the PIN Policies and ensure that practice never falls short of any of 
the provisions set out within these policies. By doing so, we can ensure 
that employees are treated fairly and consistently irrespective of the 
part of the service in which they work. 
I am asking all NHSScotland managers and leaders to ensure that they 
adopt and embrace the PIN Policies within their Boards and within 
their individual roles. I am also tasking Employee Directors and Board 
Partnership Forums to champion these policies and to raise non-
compliance in a positive and constructive manner. 
Ms Shona Robison MSP 
Cabinet Secretary for Health, Wellbeing and Sport

iii
Preface
Staff Governance

Staff Governance is defined as “a system of corporate accountability 
for the fair and effective management of all staff”. The Staff Governance 
Standard
1, which is applicable to all staff employed in NHSScotland, 
sets out what each NHSScotland employer must achieve in order to 
continuously improve in relation to the fair and effective management 
of staff. The Standard requires that all NHS Boards must demonstrate 
that staff are:
•  Well informed;
•  Appropriately trained and developed;
•  Involved in decisions;
•  Treated fairly and consistently with dignity and respect in an 
environment where diversity is valued; and
•  Provided with a continuously improving and safe working 
environment promoting the health and wellbeing of staff, patients 
and the wider community.
It is recognised that staff are central to achieving the principal aims of 
NHSScotland, namely to improve health and wellbeing, and to deliver 
high quality care to those with ill health. Achievement against the Staff 
Governance Standard is therefore key to the effective and efficient 
delivery of services by providing an environment that is inclusive and 
conducive to employees giving of their best.
NHSScotland’s commitment to staff governance has been reinforced 
by its legislative underpinning within the National Health Service 
Reform (Scotland) Act 20042
, which ensures parity with the other two 
governance pillars of clinical and financial governance.
PIN Policies
Partnership Information Network (PIN) policies define a minimum 
standard of best employment practice and are designed to achieve a 
consistent approach to the way NHSScotland deals with its employees. 
They have been developed in partnership between NHSScotland 
management, trade unions/professional organisations and Scottish 
Government. While local adaptations may be agreed in partnership to 
suit Boards’ own local needs, any such adaptations must still meet or 
exceed the minimum standards set out within the PIN policies.
1   http://www.staffgovernance.scot.nhs.uk
2 http://www.legislation.gov.uk/asp/2004/7/contents 

iv
Compliance with the Staff Governance Standard includes implementation 
of PIN policies. Boards will be expected to evidence adherence to the 
PIN policies as part of the annual Staff Governance Standard Monitoring 
Framework. Part 1: Principles and Partnership of the Agenda for Change 
Terms and Conditions Handbook3
 incorporates PIN policies within the 
terms and conditions of employment of all NHSScotland staff and serves 
to further reinforce the fact that adherence to the minimum standards 
set out within them is mandatory for all NHSScotland Boards.
Board Partnership Forums therefore have a key role in ensuring that 
locally developed policies meet or exceed the minimum standards set 
out in the PIN policies; and in raising non-compliance in a positive and 
constructive manner.
3 http://www.msg.scot.nhs.uk/wp-content/uploads/Agenda-for-Change-Handbook-Master-
Scottish-Copy-October-2014.pdf


CONTENTS 
Page
1 Introduction 
1
2  Main Report 
2
2.1 Scope 
2
2.2 Strategic Framework/Organisational Culture 
2
2.3 Legal Framework & NHS Terms & Conditions of Service 
3
2.4 Principles & Values 
4
2.5 Roles & Responsibilities 
5
2.6 Benefits for NHSScotland 
6
2.7 Arrangements to Support the Work-life Balance 
7
2.8 Outcomes & Success Criteria 
10
Appendix 1 
Annex A: Procedure for Managing Flexible Working Requests 
12
Annex B: Model Flexible Working Policy  
21
Annex C: Model Job-share Policy 
29
Annex D: Model Reduced Working Year Policy 
34
Annex E: Model Career Break Policy 
36
Annex F: Model Annualised Hours Policy 
45
Annex G: Model Homeworking Policy 
53

vi
Annex H: Model Retirement Policy 
65
Annex I: Model Special Leave Policy 
67
Annex J: Model Maternity Leave Policy 
75
Annex K: Model Maternity Support (Paternity) Leave Policy 
87
Annex L: Model Shared Parental Leave Policy 
95
Annex M: Model Parental Leave Policy 
107
Annex N: Model Breastfeeding Policy 
113
Annex O: Model Adoption Leave and Fostering Policy 
115
Annex P: Childcare Guidance 
128
Appendix 2 
PIN Policy Review Group 
131

1
1 Introduction
1.1
 
The purpose of this Partnership Information Network (PIN) 
Policy on the current best practice which can be developed 
in partnership at local level to create policies to support the 
work-life balance. Alternative approaches are not precluded 
provided that they are based upon the best practice 
principles outlined in this policy. Such local policies should be 
developed and agreed by the appropriate partnership forum 
and jointly reviewed on a regular basis. The ultimate decision 
about an organisation’s approach must be developed in a 
fully inclusive manner to ensure that the required changes in 
organisational culture, behaviour and attitude are achieved.
1.2 
Throughout their career, employees will face differing 
demands on their time and energies at home as well as at 
work. ‘Work-Life Balance’ may be defined most simply as 
enabling staff to have sufficient control and autonomy over 
where, when and how they work to fulfil their responsibilities 
both inside and outside paid work. 
1.3 
This PIN Policy has been developed to provide staff with a 
range of flexible working options and leave arrangements 
to help them to balance their lifestyle whilst maintaining 
and promoting the best possible service to our patients 
and service users within a 24 hours a day, 365 days a year 
service.
1.4 
It is designed to promote fairness and consistency in the 
treatment of all employees, and to clarify the rights and 
responsibilities of managers, employees and trade unions/
professional organisations in respect of employees who seek 
to access the provisions set out within this PIN Policy.

2

Main Report
2.1 
Scope
2.1.1 
‘Work-life balance’ is a concept that applies to all staff 
members and not simply those who have family or caring 
responsibilities.
2.1.2 
Except where there are specific qualifying conditions which 
are required in order to access particular provisions within 
this document, this PIN Policy applies to all directly employed 
staff. 
2.1.3 
Staff should be treated fairly and consistently, with equality 
of access to the range of flexible working options and leave 
arrangements set out within this PIN Policy, in line with the 
provisions of the Equality, Diversity and Human Rights PIN 
Policy.
2.2 
Strategic Framework/Organisational Culture
2.2.1 
Successful service delivery depends upon the workforce 
within NHSScotland and it is understood that staff are at 
their best when they are able to strike a balance between life 
inside and outside work.
2.2.2 
As exemplar employers, NHSScotland Boards recognise 
the need to attract and retain the best staff and that a 
commitment to helping staff to achieve a ‘work-life balance’ 
will assist staff to work more happily and productively, as 
well as widen the potential pool of talent available to the 
service.
2.2.3 
However, it is equally recognised that achieving work-life 
balance within an organisation demands willingness on the 
part of staff, managers, clinical leaders, and trade union/
professional organisation representatives to explore how 
practices to support the work-life balance can support the 
organisation as a whole to achieve its objectives. This will 
challenge all partners to create a fundamental cultural change 
at all levels. 

3
2.3 
Legal Framework & NHS Terms & Conditions 
of Service
2.3.1 
Current employment legislation sets out the rights and 
responsibilities of employees and employers in relation to the 
following areas as applicable to this PIN Policy:
•  Rights of Part-time Workers Flexible Working Requests
•  Time off for Dependants
•  Time off for Public Duties
•  Rights of reservists
•  Maternity Leave & Pay
•  Adoption Leave & Pay
•  Paternity Leave & Pay
•  Parental Leave
2.3.3 
The legislation covering these areas is in some cases 
particularly complex and regularly subject to change. It would 
not be prudent therefore to detail all current applicable 
legislation.
2.3.3 
While it is intended that this PIN Policy will be reviewed 
and amended to reflect any future changes to employment 
legislation, it is the responsibility of individual NHSScotland 
Boards to ensure that their local policies, developed in line 
with this PIN Policy are reviewed on a regular basis, to ensure 
that they are in line with any future legislative change. 
2.3.4 
Similarly, NHSScotland Boards should ensure that those who 
may require to access such local policies, whether employees 
or managers are provided with up-to-date, accurate 
information regarding their rights and responsibilities.
 
This PIN Policy should be read alongside the Equality, 
Diversity and Human Rights in NHSScotland PIN Policy
, which 
sets out NHSScotland Boards’ obligations in relation to the 
Equality Act 2010. 
2.3.5 
With specific regard to flexible working arrangements, 
employers should also be mindful of their responsibilities 
under the Working Time Regulations 1998.
2.3.6 
This PIN Policy is an addendum to the Terms and Conditions 
of Service. It is an annex to the Agenda for Change Handbook 
but equally applies to other members of staff within 
NHSScotland.

4
2.3.7 
Boards should refer to both this PIN Policy, NHS Terms 
and Conditions of Employment and current employment 
legislation to ensure an approach which meets legal 
requirements and current best practice. 
2.4 
Principles & Values
2.4.1 
NHSScotland Boards must have in place a local policy which 
is developed in partnership with trade unions/professional 
organisations, and which meets or exceeds the minimum 
standards as set out within this PIN Policy.
2.4.2 
NHSScotland Boards must ensure a genuine commitment 
to supporting the ‘work-life balance’. Board members need 
to recognise and accept their corporate responsibility for 
developing an organisational culture in which local policies 
are implemented and meaningful for all staff. Where 
organisations feel that service demands challenge this, 
particularly surrounding flexible working practices, conscious 
efforts must be made, in partnership with staff and their 
representatives, to find a balance through creative and 
effective solutions. This might include examining individual 
and departmental workloads, assessing the distribution of 
work across the organisation, and revisiting organisational 
priorities where possible.
2.4.3 
Boards will ensure that clear arrangements are in place for 
accessing their local policy and the provisions contained 
within it, and actively encourage employees to ask questions 
over any matters they do not understand. In particular, 
reference should be made to the existence of such policies 
and where they can be accessed, during the induction of new 
employees to the organisation.
2.4.4 
Boards will ensure that managers and trade union/
professional organisation representatives are made aware of 
the provisions of their local policy to support the work-life 
balance through joint training.
2.4.5 
Specifically, Boards will ensure that managers are provided 
with clear advice on the range of work-life balance 
employment options they can offer staff who wish to balance 
personal and work responsibilities, and of the potential 
benefits for both employees and the service. Furthermore, 
Boards must ensure that managers fully understand their role 
and responsibilities under its local policy, and that they know 
where further information and guidance can be found.

5
2.4.6 
All employees will have equal access to this Policy in 
compliance with relevant legislation and NHS Terms and 
Conditions of Employment. Boards will take steps to promote 
and extend equity of access to the provisions set out within 
their local policy, thereby contributing to increased equality of 
opportunity within NHSScotland. In particular, Boards should 
ensure that flexible working arrangements are positively 
promoted through their recruitment and selection procedures.
2.4.7 
No application for access to the provisions contained within 
Boards’ local policies will be unreasonably refused.
2.4.8 
Boards must, in partnership, monitor applications for access 
to and use of the provisions set out within their local policies 
on an on-going basis with a view to ensuring the fair and 
consistent application of their local policy, as well as return 
on investment in relation to those provisions which go 
beyond legal minimum standards, ensuring that the policy is 
regularly reviewed to ensure that it remains fit for purpose 
and to enable Boards to demonstrate adherence to this PIN 
Policy.
2.5 
Roles and Responsibilities
2.5.1 
Employees
• To 
recognise that with rights come responsibilities to act 
reasonably; 
•  To make use of the provisions of their Board’s local policy 
fairly and reasonably; and 
•  To be prepared to agree solutions and working 
arrangements that take account not only of their own 
needs, but also of the needs of colleagues and the service. 
2.5.2 
Employers (through Line Managers)
•  To ensure fairness and consistency in the application of 
the provisions set out within their Board’s local policy;
•  To give genuine consideration to all applications made 
under the provisions set out within their Board’s local 
policy and to ensure that no application is unreasonably 
refused;
•  To ensure that they understand their role and 
responsibilities under their Board’s local policy, and 
that they seek further information and guidance where 
required; and
•  To support work to promote the provisions set out within 
their Board’s local policy. 

6
2.5.3 
Trade Union/Professional Organisation Representatives and 
their local representatives
•  To work in partnership with their respective NHSScotland 
Board to develop a local policy which meets or exceeds 
the provisions set out within this PIN Policy;
•  To support work to promote the provisions set out within 
their Board’s local policy; and 
•  To support employees and Boards in ensuring fairness and 
consistency in the application of the provisions set out 
within their Board’s local policy.
2.6 
Benefits for NHSScotland
As well as the benefits for the organisation and their staff 
outlined below, an organisational culture that promotes work-
life balance is also directly benefited in the following ways: 
2.6.1 
Recruitment
 
NHSScotland needs to take account of the changing 
expectations of the workforce and the wider labour market. 
Trends show that employees and potential recruits will be 
more likely to choose to work in organisations that can match 
their own expectations. Arrangements to support the work-
life balance encourage recruitment from a more diverse range 
of applicants. 
2.6.2 
Retention
 
Evidence indicates that staff are more likely to stay with an 
organisation where arrangements to support the work-life 
balance are available. Organisations that recognise the needs 
of staff will reduce wastage of skills, ability and experience 
as people will remain within the workforce. Work-life balance 
policies allow employers to reduce turnover rates, which may 
in turn result in savings on recruitment, training and induction 
costs. For example, arrangements to support the work-life 
balance are one of the main reasons women choose to return 
to work after maternity leave. 
2.6.3 
Quality and effectiveness
 
Increasing the ability to balance work and life responsibilities 
has been shown to increase quality of life. In turn, this 
can lead to increased motivation, greater job satisfaction, 
improved job performance, increased productivity levels, 
staff engagement and ultimately improved service delivery. 

7
2.6.4 
Increased organisational ability to meet service demands
 
Arrangements to support the work-life balance, particularly 
regarding flexible working, increase the ability, through 
effective workforce planning, to match staff availability with 
service demand.
2.6.5 Reduced absenteeism
 
Evidence suggests that arrangements to support the work-life 
balance are likely to lead to a reduction in absenteeism as 
staff have the flexibility to adjust their working environment 
to meet their personal responsibilities. This results in a more 
productive workforce with lower absenteeism costs, which 
serves to improve the quality of services. 
2.6.6 
Health at work
 
Work-life balance policies are a key contributor to the 
reduction of stress at work and the improved wellbeing of 
staff. More guidance on the management of stress at work is 
included in the Managing Health at Work PIN Policy
2.6.7 
Equality and inclusion
 
Work-life balance policies are available to all staff to 
meet their individual needs and responsibilities, as their 
circumstances change throughout their working life, thus 
promoting equality across the workforce. 
2.6.8 
Staff satisfaction
 
Work-life balance policies provide an opportunity to combine 
paid work with other activities, allowing for more effective 
management of work-life responsibilities, leading to a more 
varied and balanced lifestyle. 
2.7 
Arrangements to Support the Work-life 
Balance
The accompanying model policies set out arrangements for 
employees to access the following provisions to support the 
work-life balance.
2.7.1 
Flexible Working Arrangements
 
Flexible working encompasses a range of options as listed 
below: 
2.7.1.1  Part-Time Working
 
Where an employee is contracted to work less than full-time 
hours.

8
2.7.1.2  Job Sharing
 
A form of part-time working where two or more people share 
the responsibility for a job between them in a structured 
manner.
2.7.1.3  Career Breaks
 
A means of enabling people to take an unpaid break from 
work where the contract of employment does not terminate. 
2.7.1.4  Reduced Working Year
  
Where an employee’s contract of employment remains in 
place, but they take paid/unpaid leave during fixed periods of 
the year, such as during school holidays.
2.7.1.5  Flexi-Time
 
A system by which employees can choose when they work, 
subject to achieving a required total number of hours over 
an agreed daily, weekly or monthly reference period. Such a 
system may involve a core period of the day when employees 
are expected to be at work and may also involve the facility 
for employees to carry over a debit or credit of hours 
between such reference periods.
2.7.1.6  Self-Rostering
 
An arrangement whereby members of a team are allowed 
to be self- sufficient by scheduling their own shifts, whilst 
maintaining agreed service levels.
2.7.1.7  Compressed Working Hours
 
Where employees compress normal working hours into fewer 
working days.
2.7.1.8  Annualised hours
 
Where contracted hours are calculated over the period of a 
whole year. They may consist of both fixed and unallocated 
shifts, ensuring that core times are filled and remaining times 
are flexible. The unallocated shifts can then be used by the 
manager for unexpected surges in demand at reasonably 
short notice.
2.7.1.9  Home working
 
Where a staff member fulfils their contractual obligations 
working from home for all or part of their hours.
2.7.1.10  Phased retirement
 
An arrangement where an employee can gradually reduce 
their working hours as they near an agreed retirement date, 
enabling them to balance their work and personal life and 
prepare for full retirement.

9
2.7.1.11  Voluntary reduced working hours
 
The provision for employees to request a reduction in their 
contracted hours for a defined temporary period of time.
2.7.2 
Special Leave
 
NHS conditions of service provide for staff entitlement to 
compassionate leave and special leave, and NHS employers 
must ensure that they have a policy in place in order 
to address a range of staff needs. The model policy at 
Appendix I group these responsibilities to encompass: 
•  Provision to allow a carer to meet their responsibilities for 
a relative, partner or dependant;
•  Arrangements for time off when there is for example a 
serious illness or death of a close relative or dependant; 
•  Arrangements for time off for essential civic and public 
duties (including reservist duty; and 
•  Arrangements for time off to deal with domestic or 
unforeseen crises. 
2.7.3 
Parental Policies
2.7.3.1  Maternity and Breastfeeding
 
Detailing provisions for pregnant employees and new mothers 
returning to work, and covers maternity leave and pay, 
antenatal and postnatal care, health and safety considerations 
and provisions for new mothers wishing to breastfeed.
2.7.3.2  Adoption and Fostering
 
Detailing provisions for employees who are intending to 
adopt or who have been matched with a child for adoption, 
and who will be the primary carer for that child, and 
covers adoption leave and pay and time off in relation to 
appointments during the adoption process. It also covers 
provisions for employees who are intending to or who are 
fostering children.
2.7.3.3  Maternity Support ( for example Paternity) 
 
Detailing provisions for employees who will have parental 
responsibility for a newly born child (or a child newly placed 
for adoption), but where they are not the primary carer 
(i.e. where it is their partner who is entitled to maternity or 
adoption leave). It covers provisions for maternity support 
(paternity) leave and pay, and time off in relation to antenatal 
appointments (or appointments during the adoption process).

10
2.7.3.4  Shared Parental Leave
 
The Shared Parental Leave (SPL) scheme allows parents 
to share between them what would otherwise have been 
statutory maternity leave and pay. Although the first two 
weeks of maternity leave remain reserved to the mother, 
the following 50 weeks can be taken by either the mother or 
the father (or the mother’s spouse, partner or civil partner), 
subject to various notification and eligibility requirements.
2.7.3.5  Parental Leave
 
Parental leave is expressly for the purpose of allowing 
parents to spend quality time with their children and assist in 
balancing this with work commitments, thus improving their 
participation in the workplace. 
2.7.3.6  Childcare Guidance
 
Offers information on childcare provision or support. 
2.8 
Outcomes & Success Criteria
The Staff Governance Standard Monitoring and Assessment 
Framework and Annual Return offers a clear structure within 
which organisations can measure their progress in relation 
to the Standard. The fourth arm of the Staff Governance 
Standard requires staff in NHSScotland to be treated fairly 
and consistently, and implementation of PIN Policy is part of 
the self-assessment criteria used to measure this element of 
the Standard. 
 
The extent to which NHS employers’ work-life balance 
policies have been successfully implemented can be 
measured through the following indicators: 
•  Recruitment levels and the organisation’s ability to fill 
vacancies (this might be measured by the length of time 
taken to fill vacancies); 
•  Equity of access to policies that support a work-life 
balance, to training opportunities and to promoted posts; 
•  Retention and staff turnover levels – retention of staff 
should be increased as demonstrated by reduced turnover 
rates; 
•  Increased quality and effectiveness of service delivery as 
the potential for staff stress due to managing competing 
priorities is reduced; 
•  Sickness absence levels – an effective special leave policy, 
for example, will mean that staff do not take sick leave to 
manage domestic responsibilities; 

11
•  Change of culture to one in which a long-hours culture is 
discouraged; 
•  Robust and effective monitoring (for example via staff 
surveys);
•  Organisational reputation – status as a good employer 
with supported, well-trained managers implementing 
policies that work to the benefit of staff, the organisation 
and ultimately patients and users of services. 
•  Monitor, review and evaluate take up of policies to ensure 
that they: 
❍  comply with the on-going changes rights, and 
❍  constantly meet the needs of both the business and 
the individual, and 
❍  don’t exclude or cause unfair disadvantage
•  Regularly review other relevant procedures (such as 
selection criteria) to ensure that they do not present 
barriers to those wanting to balance personal and work 
responsibilities. Show how and where progress is being 
made.

12
Appendix 1
Model Policies
Annex A: Procedure for Managing Flexible Working 

Requests
1 Introduction 
 

All individual applications for flexible working must be made on 
the Flexible Working Application Form attached at Annex 1. The 
completed form should then be submitted to the employee’s line 
manager. This application should be acknowledged in writing by 
the line manager (see Annex 2). 
 
There are two exceptions to this: the procedure for women 
returning from maternity leave who wish to job share is 
described in the model job share policy, and the procedure for 
introducing annualised hours is described within the annualised 
hours policy. 
2  Submitting a Flexible Working 
Application Form
 
The following procedure must be followed:
2.1  Initial meeting
 
The line manager will hold a meeting with the employee to 
discuss the application within 28 calendar days of the date on 
which the application is made. In appropriate circumstances, this 
period can be extended by mutual agreement. 
2.2  Communication after Initial Meeting
 
The manager will inform the employee of their decision in writing 
within 14 days of the date of the initial meeting. 
2.3  Request accepted
 
If the request is accepted, the line manager must confirm this 
in writing to the employee, specifying the new working pattern 
and the date from which it will take effect. The line manager 
must also notify the Payroll Department. The line manager must 
also consider whether the employee’s contract of employment 
requires to be amended to reflect the change to the working 
pattern. If so, this should progress with the support of the 
organisation’s Human Resources Department.

13
2.4  Request unsuccessful
 
Non-acceptance of an application for flexible working can only 
be for valid and objective service/operational reasons. The line 
manager must, therefore, confirm the reasons in writing to the 
employee (see Annex 3). The employee should also be provided 
with details of the formal appeal procedure. 
 
There is also the provision that, before progressing to appeal, it 
may be preferable for the manager and the employee to seek 
advice on resolving the matter from an appropriate member of 
the HR Team and a Trade Union/or Professional Organisation 
representative. This approach will not preclude the employee’s 
right to raise a formal appeal in the event that they consider that 
the matter has not been satisfactorily resolved. 
3  Appeal Procedure
 
A member of staff can appeal against the decision to refuse their 
application by submitting a Notice of Appeal form (see Annex 4) 
to the Manager/HR Team (as agreed locally) within 14 days of 
receiving written confirmation that their application for flexible 
working has been refused. The notice of appeal must be dated 
and clearly set out the grounds of appeal. The member of staff 
should receive confirmation of receipt of the Notice of Appeal 
(see Annex 5). 
3.1  Appeal Hearing 
 
A hearing will be held to discuss the appeal within 14 days of 
the Notice of Appeal form being given to the HR Team by the 
employee. The Appeal Panel will ideally consist of a manager who 
is at a more senior level than the manager who made the original 
decision and a member of the HR Team, neither of whom should 
have been involved in making the original decision. 
 
N.B. A hearing will not be required where, within 14 days of the 
Notice of Appeal form being received by the HR team, the matter 
has been satisfactorily resolved informally as outlined above. 
3.2  Notice of the Decision 
 
The employee will be informed, in writing, of the outcome of the 
appeal within 14 calendar days of the hearing. 
 
Where the appeal is upheld, the notice of the decision will 
specify the new agreed working pattern and the date on which 
it will take effect. The line manager must also notify the Payroll 
Department. The line manager must also consider whether the 

14
employee’s contract of employment requires to be amended 
to reflect the change to the working pattern. If so, this should 
be progressed with the support of the organisation’s Human 
Resources Department.
 
Where the appeal is unsuccessful, the notice of the outcome will 
provide a clear and detailed explanation of the reasons for the 
decision. 
4  Extension of Time Limits 
 
The above timescales can be extended but only if both parties 
agree in writing to an extension.
5 Representation 
 
Employees are entitled to be accompanied by a trade union or 
professional organisation representative (including full-time Trade 
Union Officers), or a colleague, at all stages of the procedure. 
6  Service Reasons for Refusing a Request 
 
An application can only be refused for one of the following 
service/operational reasons where it is determined that a change 
to the employee’s work pattern would: 
•  Create an unacceptable burden of additional cost; 
•  Have a detrimental effect on the organisation’s ability to meet 
a service demand; 
•  Have a detrimental impact on service quality; 
•  Have a detrimental impact on the performance of the 
organisation, their colleagues or the employee; 
•  Result in an inability on the part of the organisation to re-
organise work among existing staff; 
•  Result in an inability on the part of the organisation to recruit 
additional staff; or 
•  Include periods where there would be insufficient work for 
the employee to undertake.
 
In addition, there may be occasions where planned structural 
changes might make it impracticable for the organisation to agree 
to an employee’s request for flexible working. An application may 
also be declined on this basis. 

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7  Withdrawal of Application
 
The organisation will treat an application as withdrawn if the 
employee has: 
•  Notified their manager in writing that their application is 
being withdrawn; 
•  Failed, without reasonable cause, to attend a meeting/Appeal 
Hearing convened under the procedure on more than one 
occasion; or 
•  Refused, without reasonable cause, to provide information which 
the organisation considers necessary to assess whether the 
employee’s request to work flexibly should be granted. 
 
The employer will confirm the withdrawal of the application 
in writing to the employee, unless the employee has provided 
written notice of the withdrawal. 

16
Annex 1 – Flexible Working Application Form
1.  Personal Details
Name
Job title
Payroll number 
Department
Location
2.  Describe your current working pattern below, i.e. days/nights/
hours/times worked: 
3.  Describe the working pattern you wish to work in future below, i.e. 
days/nights/hours/times worked: 
4.  I would like this working pattern to start from: 
Impact of the new working pattern  
Please give details of how you think the requested work pattern will 
affect the department: 
Accommodating the new work pattern 
How do you think this can be managed/resolved?
If you are applying for a statutory right to a flexible working pattern 
that is different from your current working pattern you should meet 
the following eligibility criteria: 
•  I have been continuously employed by this organisation for at least 
26 weeks at the date of application; and 
•  I have not made another application to work flexibly during the past 
12 months; or
•  I have made other applications to work flexibly during the past 
12 months, but circumstances have changed which I have detailed 
above.
Applicant’s 
signature 
 
     Date

17
Annex 2 – Confirmation of Receipt of a Flexible Working 
Application Form
(To be completed by the line manager and returned to the employee)
Dear
I confirm receipt of your completed Flexible Working Application Form 
dated ________________________________.
I will arrange a meeting with you within 28 days of the date of your 
application in order to discuss it with you. In the meantime you may 
wish to consider whether you wish to be accompanied at that meeting 
by a Trade Union/or Professional Organisation representative or a 
colleague. 
Please let me know, as soon as possible, if you will be accompanied in 
order that I can include your representative in the arrangements for 
the meeting. 
Yours sincerely, 

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Annex 3 – Confirmation that a Flexible Working Application 
Has Been Declined

(To be completed by the line manager and returned to the employee)
Dear
Following our meeting on ________________________________ at which we 
discussed your application for flexible working, I have now considered 
your application and regret that I am unable to accommodate your 
request for the following service/operational reason(s): [insert one of 
more valid reasons as listed at section 6] 
This (these) reason(s) apply in the circumstances because: 
[The line manager should also explain here why any other work 
patterns that may have been discussed at the meeting were 
inappropriate.]
You have the right to appeal against this decision by completing the 
attached Flexible Working Appeal Form, clearly stating your grounds of 
appeal and sending this to
____________________________________________________________________________________ (name)  
of the Human Resources Team at
_________________________________________________________________________________ (address)  
within 14 days of receiving this letter.
Receipt of your Appeal Form will be acknowledged in writing and a 
hearing to consider your appeal will be held within 14 days of receipt 
of your appeal form. 
You will be notified of the outcome of your appeal within 14 days of 
the appeal hearing. 
Yours sincerely,

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Annex 4 – Flexible Working Appeal Form
1. Personal Details
Name
Job title
Payroll number 
Department
Location
2.  I wish to appeal against the decision not to allow my application for 
flexible working. I am appealing on the following grounds:
[Please continue on a separate sheet if necessary].
Applicant’s 
signature 
 
     Date

20
Annex 5 – Confirmation of Appeal
(To be completed by HR and returned to the employee)
Dear
I confirm that I received your Appeal Form in respect of the decision 
not to allow your request for flexible working on _________________.
I will be arranging a hearing to discuss your appeal within 14 days of 
the above date. In the meantime you may wish to consider whether 
you wish to be accompanied at that meeting by a Trade Union/or 
Professional Organisation representative or a colleague.
Please let me know, as soon as possible, if you will be accompanied 
so that I can include your representative in the arrangements for the 
meeting.
Yours sincerely

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Annex B: Model Flexible Working Policy
1 Introduction 
 

This organisation, being an employer committed to the principles 
of work/life balance, recognises that, as one of a range of options, 
a flexible working arrangement may give staff some discretion as 
to their starting and finishing times each day. This policy details 
the procedure for requesting types of flexible working: 
 
There are many forms of flexible working. It can describe a place 
of work, for example, home-working, or a type of contract. Other 
common variations include: part-time working, flexitime, job 
sharing and shift working. The request can cover hours of work, 
times of work and place of work and may include requests for 
different patterns of work.
 
Employers will have a duty to consider all requests in a 
reasonable manner; however, managers will have the flexibility to 
refuse requests on business grounds.
2  Right to request flexible working
 

All employees who meet the eligibility criteria outlined in Section 
2.2 below have the right to request flexible working. 
2.1 Scope
 
Eligible employees are entitled to request:
•  A change to the hours they work;
•  A change to the times when they are required to work; or
•  A change to the place they are required to work.
 
An acceptance of an employee’s request for flexible working 
will result in a permanent change to that employee’s terms and 
conditions of employment unless otherwise agreed (for example 
any temporary arrangement under review). Any permanent change 
should be documented as a formal contract variation in order to be 
effective. The employee has no right to revert back to the previous 
working pattern once a formal contract variation is in place. For 
medical staff in the consultant and Specialty Doctor/Associate 
Specialist grades, this is normally achieved through the contractual 
job planning process. 

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2.2  Eligibility 
 
To be eligible to make a request, the employee must:
•  Have been continuously employed by this organisation for at 
least 26 weeks at the date of application; 
•  Not be an agency worker; and 
•  Not have made another application to work flexibly during the 
previous 52 weeks. 
 
This does not preclude a manager agreeing with an employee 
that their request can be approved within that time period in 
circumstances where the request was originally refused, but the 
work environment can now sustain the change requested. 
2.3 Application
 
An employee can only make one application for flexible working 
in any 12 month period from the date on which any previous 
application was made. 
3 Flexi-time 
3.1  Hours of Duty
 
Core working time falls between [enter time] each [enter days 
of week] with a minimum of 20 minutes and a maximum of two 
hours for a lunch break, taken between [enter times]. 
 
Each member of staff will have discretion within agreed limits to 
work at times of their choosing but all departments must ensure 
that they have adequate staffing levels during the working day. 
 
Any balance outstanding must be worked within the hours of 
[enter times for morning and afternoon core times]. The period 
between [enter earliest and latest times for start and finish] 
is known as the bandwidth. Staff will normally work their 
contracted hours during this bandwidth, and working outside 
this bandwidth will only be allowed if authorised by direct line 
manager [or other named person]. 
3.2  Personal Appointments 
 
Members of staff making appointments with GPs, dentists or 
opticians, etc. are expected to ensure that wherever possible 
these take place out with core times. 
 
On occasions it may be necessary to take these appointments 
during core time as hospital appointments, for example, may not 
be within the control of the individual. These appointments will 

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be regarded as time on duty but must nevertheless be sanctioned 
by the departmental manager and recorded accordingly. 
3.3  Settlement Period 
 
The settlement [insert definition] period will be four weeks and 
there are 13 such periods in a year. 
 
Debit or credit up to [enter number of hours] may be carried 
forward to the next settlement period. During the settlement 
period a whole day or two half days may be taken off in lieu of 
credit accumulated or in anticipation of credit to be accumulated 
during the settlement period. Prior notice of time off in lieu is 
needed in order that staffing levels can be maintained. 
3.4  Record of Hours Worked 
 
Each employee will use appropriate documentation to record 
their own time when starting and leaving work, including lunch 
breaks. At the end of each day an employee should enter the 
total time worked. 
 
At the end of each week/month a copy of the flexi recording 
sheet should be authorised by the appropriate line manager or 
other named person. 
3.5  Treatment of Authorised Absences 
 
Absences through sickness, attendance at courses, annual leave 
and other leave of absence with pay will be regarded as [x hours 
x minutes] per day. The hours of authorised absence should be 
entered on return. For the purpose of recording, a half day will be 
defined as [x hours x minutes]. 
3.6 Leave
 

For annual, compassionate, sick leave, etc., time will be credited 
on the record sheet on the basis of one full day or half day of the 
working week. 
3.7 Overtime
 
Employees who are required by their manager to work more than 
their full-time hours (or the full-time equivalent of a part-time 
member of staff) will be entitled to overtime rates. For hours 
worked up to between [x] a.m. and [x] p.m., staff may choose 
either to accrue lieu time or to claim an overtime payment. Hours 
worked before [x] am and [x] pm will attract normal overtime 
rates according to NHS Terms and Conditions of Service. If for 
operational reasons any flexi/time back has not been taken after 

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three months this should be paid as overtime, in line with NHS 
Terms and Conditions of Service. 
3.8  Part-time Staff 
 
This agreement will also apply to part-time staff with the relevant 
changes to work times. 
4 Self-rostering 
4.1 Definition
 
Team-based self-rostering is a ‘bottom up’ approach to scheduling 
work, giving people more control over the pattern of their 
working week. Parameters are set by agreeing in advance the 
levels of staff and skill mix required hour-by-hour throughout 
the working day. Staff put forward the times they would like to 
work and times they would like to protect away from work. This 
information is then used to compile shift patterns that match 
individual preferences as closely as possible, whilst maintaining 
agreed levels of cover at all times. There may be no requirement 
for staff to work their ‘contracted hours’ on a weekly or indeed 
monthly basis. Self-rostering programmes can enable staff to 
‘bank’ hours worked over or under contractual hours. Hours can 
then be taken back or extra hours borrowed as dictated by the 
personal circumstances of staff. Self-rostering can lend itself to 
all staff groups within the NHS, and works best in a large mixed 
team where there is a variety of personal circumstances among 
staff, and different preferences about work patterns. 
4.2  Benefits of team-based self-rostering 
 
Benefits for staff include: 
•  More control over the scheduling of their own working lives; 
•  A stronger voice in the planning of team activity; 
•  Previously unrecorded extra time at work is noted and carried 
forward in a “time bank”; 
•  Linking start and finish times more efficiently to travel and 
family care arrangements; 
•  Opting for fewer, longer shifts where appropriate (within the 
requirements of the Working Time Regulations); 
•  Being able to attend appointments without losing a whole 
shift; and 
•  More discretion to be at work for significant events in patient 
care. 

25
 
Benefits for the organisation include:
•  Potential conflicts and tensions over shift allocation may be 
reduced;
•  A better match between staffing levels and delivery of care;
•  Development of stronger team spirit;
•  An opportunity to review the match between staff resources/
care needs, and the potential for new care initiatives, such as 
evening and weekend clinics, extra theatre sessions, etc.; 
•  Improved retention of staff (once staff have worked in a self-
roster environment, very few want to give it up); and 
•  Reduced reliance on agency/bank staff.
 
Benefits for patients and users include:
•  Better motivated staff ensuring better quality of care;
•  More effective use of staff resources to deliver more care;
•  Improved access to care through extended work patterns. 
4.3  Implementation Guidelines 
 
There is no single way to structure a project to introduce self-
rostering that will prove successful for all. However, the following 
critical success factors have been identified: 
4.3.1 Ask the team 
 
The first step is to assess the support among staff for team-
based self-rostering. Although there are benefits to the service in 
implementing a successful scheme, its first purpose is to give staff 
more control over when they work. There may be differences of 
opinion among existing staff about how desirable this is. But the 
scheme’s impact on future recruitment and retention should also 
be considered. 
4.3.2 Explore the key questions 
 
In discussions with staff, these questions need to be considered: 
•  Would staff value more flexibility in their working lives? 
•  Will there be any effect on the delivery/continuity of patient 
care and how can a gain in quality of care be ensured? 
•  Will it help to retain existing staff and recruit new staff? 
•  Will it reduce absences and the need for bank or agency staff? 
•  Will it be fair to all?
•  Could it impact on equal opportunities policy?
•  Will a computer system be required or will a manual system 
work?

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•  Will it affect overtime or unsocial hour’s earnings?
•  How will handovers be managed when there aren’t clear shift 
changes?
4.3.3 Set the parameters
 
Before a team-based self-rostering scheme can be introduced, 
principles and parameters must be agreed. These will include:
•  Agreeing minimum and maximum staff levels for each hour of 
the day;
•  Agreeing skill, grade and if necessary gender mix, hour by 
hour;
•  Agreeing “veto” hours and any “core” hours;
•  The preferences for hours to be worked by each member of 
the team;
•  Protected time periods for each member of the team when 
they specifically do not want to work; and
•  Agreed limits as to how much time owed or time owing can 
accrue to each team member.
4.3.4 Compare agreed staffing levels with actual establishment
 
Is there a match between required staffing levels and staff 
available? If there is a mismatch, what steps can be taken to 
correct it?
4.3.5 Select an operating system
 
The operating system which processes staff requests and 
produces the rosters is a key element. This can be done manually 
with pencilled preferences input to a shift chart and then 
confirmed in ink. Various computer systems will automatically 
process the information from staff to produce recommended 
rosters. However, computer programs may be difficult to program 
where complex skill mixes have to be achieved, and require 
basic keyboard skills from staff. Some form of manual system is 
probably desirable in the early phases of implementation, and for 
smaller or less complex teams. Questions to consider are:
•  Are all team members comfortable with using a computer-
based system?
•  If not, what support or training can be given?
•  Where could the computer(s) be sited to give all team 
members access?
•  Will it be possible to integrate the computer system into 
existing organisational IT systems?
•  Is IT support available? 
•  Who will be responsible for putting in the time it takes to 
prepare a roster manually from information supplied? 

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4.3.6 Trial the system 
 
A time-limited trial will give team members a taste of self-
rostering. Evidence suggests that three months is the minimum 
period for the effect to be assessed; six months will provide a 
better picture of how well it works. All members of the team 
should be given the opportunity to express their views during 
this trial. At the end of this period, the effect of the scheme can 
be assessed:
•  What is the general team view?
•  What has been staff’s uptake of the scheme?
•  Have patients expressed views?
•  Are any individuals unhappy with the scheme and, if so, for 
what reasons?
•  How has the service been affected?
 
It may be appropriate to trial the scheme with a “team within 
the team”, but it should be large enough to make the trial a valid 
basis for assessment. 
4.3.7 Implement and monitor 
 
Given that problems identified in the trial can be resolved, 
the scheme can be carried forward, but it will be important to 
continue to monitor staff attitudes to its operation. 
•  Do team members want it to continue? 
•  Have patients or the service been affected? 
•  Are modifications needed? 
 
Communicate the initiative to other teams, if it is successful. 
 
Self-rostering will work effectively where these factors are 
present: 
•  Effective team working; 
•  Sensitivity to individuals’ working time requirements within 
the team; and 
•  Managers with good leadership skills.
4.4 Earnings
 
Any intention to alter pay through changing shift patterns should 
be negotiated through the normal channels, to avoid rejection 
of a system that would suit both staff and the organisation. 
Increased flexibility may take some staff into or out of periods 
that attract enhanced payments. 
 
Some groups may not have worked unsocial hours in the past 
and therefore not attracted additional payments, for example 

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therapists. Increasing flexibility for those groups raises the issue 
of whether such additional payments should be made. If so, the 
pay budget could increase significantly. 
4.5 Training 
 
There may be a need for training for managers and staff in the 
following areas:
•  An understanding of the concepts and cultural changes 
involved in self-rostering; and 
•  Techniques for managers to assess the scope for flexibility 
balanced with the preferences of individual staff within the 
agreed parameters.
 
Each initiative will need to consider how to provide training in 
the self rostering system and who should provide it. The starting 
point should be to consult those who are responsible for general 
management training within the organisation. 

29
Annex C: Model Job-share Policy
1 Introduction 
 

This organisation is committed to equal opportunities and the 
promotion of flexible, employee-friendly working practices for 
all members of staff. By implementing this job share policy, the 
organisation aims to create an environment which will allow 
all employees to utilise their skills, talents and experience and 
thereby allow it to both recruit and retain a well-motivated and 
committed workforce. 
 
Job sharing represents an opportunity for staff to work an 
alternative work pattern hours while maintaining their career 
prospects and personal development. 
 
Job share is designed to increase the variety and seniority 
of work available to those not seeking full-time employment, 
without reducing the number of full-time jobs in the 
organisational structure. It is intended to: 
•  Increase the pool of labour from which the organisation can 
draw staff; 
•  Increase employment opportunities for people committed to 
caring for children, partners, or other relatives; 
•  Make it easier for employees returning from maternity leave 
to cope with career and family, thus retaining the benefits of 
their skills and experience; 
•  Enable existing employees to reduce working hours (e.g. for 
personal/domestic reasons; as a pre-retirement option, etc.); 
•  Improve possibilities of career development for people who 
do not work full-time; 
•  Allow employees to broaden their experience and increase job 
satisfaction by undertaking a wider range of responsibilities at 
work; and 
•  Allow employees to pursue outside interests.
2  How Job Share Might Arise 
 
Job sharing can be introduced into a post in a number of ways: 
•  An existing employee formally applying to management for 
a job share arrangement to be agreed in respect of the post 
they currently hold;
•  An internal application being made by one member of staff to 
share a post;

30
•  A joint internal application being made by two or more 
existing employees as a unit to share a post;
•  An external application being made by a candidate to job 
share a post; and 
•  Two or more separate applications being made, whether 
internal or external, which can be matched together to form a 
job share unit. 
3  General Principles 
3.1 Eligibility 
 
The opportunity to request a job share is open to all members of 
staff, as well as to prospective members of staff, irrespective of 
the grade or level of the post. 
3.2  Sharing of Duties
 
The sharing of the duties and responsibilities of a post may take 
several forms. The aim in all cases is to ensure the most efficient 
means of operation. Division may be into projects, tasks, clients 
or merely time, as the case may be. 
 
Great care should be taken not to confuse working arrangements 
with the job description. Although the duties may be divided, the 
overall responsibility must be shared. One partner should not be 
able to monopolise the most prestigious areas of work. 
 
The partners should always be in a position to demonstrate that 
at some time each had fulfilled the duties and responsibilities of 
the whole post. 
 
Hours should be organised to suit both the service and the 
employees. However, it is understood that the hours/days/weeks 
agreed with either job sharer should always be such that should 
a part vacancy occur, the working arrangement to be advertised 
will form a sufficiently viable package to attract new applicants. 
4  Terms and Conditions 
 
The general spirit and intention of the scheme is that all terms 
and conditions of service should be applicable to job sharers on a 
pro-rata basis. 
4.1  Contract of employment 
 
Each partner to a job share will hold an individual contract of 
employment. The post holder’s job title will be that given to 
the established post with the endorsement “(job share)” – for 
example: “Medical Secretary (job share)”. 

31
 
The hours to be worked will be individually stated for each 
partner to the job share. 
4.2  Rate of Pay 
 
Pay rate will be pro-rata to the salary grade for the number 
of hours worked. Commencing salary and increments will be 
determined in accordance with NHS terms and conditions. 
4.3  Annual Leave 
 
The standard annual leave entitlement under NHS terms and 
conditions of service will apply pro-rata to the number of hours/
days worked.
4.4  Public and Extra Statutory Holidays 
 
Public and statutory holidays will be agreed between the job 
share partners and their line manager to ensure that a pro-rata 
division is maintained and legislative entitlements honoured. 
4.5  Sick Pay
 

Job sharers shall have applied to them the provisions of the 
appropriate NHS terms and conditions of service pro-rata to the 
number of hours worked. 
4.6  Maternity, Paternity, Adoption and Parental 
Leave 
 
Job sharers shall be entitled to the appropriate NHS terms and 
conditions relating to maternity, paternity, adoption and parental 
leave. Payment will be applied on a pro-rata basis. 
4.7  Changeover/Overlap Arrangements 
 
Where continuity is regarded as an essential requirement of the 
job share, such arrangements must be achieved within the normal 
established total hours, subject to management discretion. 
4.8  Travel Allowances 
 
Entitlement to travel allowances will be determined according to 
the nature of the post.
4.9  Car Leasing 
 
Individual job sharers who are eligible can apply for a car under 
the organisation’s leasing scheme. 

32
4.10 Superannuation 
 
All job sharers will be able to join the NHS Superannuation 
Scheme. However, because job sharers are on reduced pay this 
also means that they will pay less into the fund and in turn will 
get lower pension benefits for the period of the job share. Job 
sharers should consult the Scottish Public Pensions Agency to 
discuss their particular circumstances. 
4.11 Overtime 
 
Overtime approved by the manager, will be payable if an 
individual job sharer works more than the full time hours per 
week for the post. This will be paid and agreed in accordance 
with the Terms and Conditions of employment.
4.12 Training 
 
Job sharers shall have access to training opportunities on the 
same basis as all part-time and full-time employees with respect 
to day release qualification courses.
 
In respect of work-related training courses, job sharers will be paid 
only where attendance coincides with their normal working hours. 
However, where training takes place on a day when a sharer does 
not normally work they should be allowed time off in lieu. 
4.13 Notice Periods 
 
Normal notice periods will apply. 
5  Selection Procedure 
 
Where a job share request is approved, in principle the post 
holder will continue in their current contracted hours until a job 
share partner is found. If a job share appointment to the “part” 
vacancy cannot be made within three months from the day of the 
first advertisement, the post holder will remain in their current 
contracted hours and the job share cannot be progressed. 
 
Where a job share is not approved an individual should be 
encouraged to meet their manager to discuss other possible 
alternatives. Where a job share is approved, it will be the 
responsibility of those involved in the selection process to 
ensure that the skills and the experience of the prospective job 
sharers are sufficient to undertake the full duties of the post, as 
detailed in the person specification. 
 
Each job share applicant will be required to complete an 
application form for the post and each shortlisted candidate 

33
will be interviewed separately in accordance with normal 
recruitment practice. 
 
Job sharers shall be treated in the same way as other part-time 
or full-time employees in relation to promotional opportunities. 
6 Termination/Resignation 
 
In the event of the resignation of one job share partner, the 
vacancy shall not be advertised until the remaining sharers have 
been offered the opportunity to take up the remaining hours. If 
the individual is unable to take up these hours, the hours will be 
advertised. If the job share appointment cannot be made within 
three months of advertising, the job share cannot be maintained. 
Under these circumstances, full consultation will take place 
with the job sharer and his/her Trade Union/or Professional 
Organisation representative and attempts would be made to 
redeploy the remaining job sharer into another suitable post 
where appropriate and in line with the local redeployment policy. 
7  Working Arrangements 
 
There are various ways in which the working week may be 
divided for job sharers. Possible options include working on a 
half day basis, a half weekly basis or alternating days. Working 
hours must be agreed by both job sharers and line management. 
In normal circumstances job sharers will not be required to cover 
their partner’s absences, though they may opt to do so in specific 
instances. 
 
The working patterns of job sharers shall not be altered without 
full consultation and after attempts have been made to reach 
agreement. 
8  Individual Responsibility 
 
Each job sharer is responsible individually for the satisfactory 
performance of his/her own duties. They are not responsible for 
their partner’s conduct and capability and, for the purposes of the 
disciplinary and grievance procedures, job sharers will be treated 
individually. 
9  Monitoring, Review and Evaluation 
 
This policy will be monitored, reviewed and evaluated every 
two years by the Area Partnership Forum or equivalent, taking 
into consideration legislative changes and developments in good 
practice to ensure it meets the needs of all employees. 

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Annex D: Model Reduced Working Year Policy
1 Introduction 
 
This organisation is committed to equal opportunities and 
the promotion of flexible employee-friendly work practice 
opportunities for its entire staff. By implementing this policy we 
hope to create an environment which will allow all employees to 
utilise their skills, talents and experiences and thereby allow us 
to both recruit and retain a well-motivated and committed staff. 
2 Definition 
 
Flexible working in the form of a reduced working year can take 
a number of forms. One of the most common examples is that 
of term-time working, which is a formal agreement whereby the 
duties and responsibilities of a post are carried out (either full-
time or part-time) during school terms. It allows employees to 
remain on a permanent contract and to take their annual leave 
during school holidays, topped up with unpaid leave as necessary. 
The salary of the post is reduced proportionately to the hours 
worked by the post-holder. Annual Leave and Public Holidays will 
be calculated on a pro-rata basis on the number of hours worked. 
These principles would apply regardless of whether a reduced 
working year contract is explicitly linked to school terms or not.
 
A reduced working year represents an opportunity for staff to 
work during certain agreed periods of the year while maintaining 
their career prospects and personal development. 
3  Operation of the Policy 
 
An application to request a reduced working year contract is open 
to all employees as well as prospective employees, no matter 
what level in the organisation. Where posts are not considered to 
be suitable for a reduced working year contract, a full explanation 
will be given by the line manager. 
 
Employees on reduced working year contracts are expected to 
take their contractual entitlement to paid annual leave during 
pre-agreed periods of leave (such as the school holidays). A 
maximum of five days’ contractual paid leave may be held to 
be taken with prior notice at times out with holiday periods for 
needs which may arise from time to time.

35
 
Each employee must agree with their manager how much 
additional unpaid leave is required to cover the leave period 
and when exactly paid leave will be taken. These arrangements 
should be made at the start of the reduced working year 
agreement.
4  Calculation of Pay 
 
Once an employee has agreed with their manager how much 
unpaid leave will be taken, their paid annual leave allocation 
(this will include public holidays due on a pro rata basis) will 
be recalculated. This calculation will take account of the unpaid 
period of leave (no annual leave will be accrued during unpaid 
leave). 
 
Following this calculation the annual salary will be calculated on 
a pro-rata basis for the period of paid employment. This figure 
will then be paid in twelve equal payments throughout the year. 
5   Monitoring, Review and Evaluation 
 
This policy will be monitored, reviewed and evaluated every 
two years by the Area Partnership Forum or equivalent, taking 
into consideration legislative changes and developments in good 
practice to ensure it meets the needs of all employees.

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Annex E: Model Career Break Policy
1 Introduction 
 
This organisation is committed to equal opportunities and 
the promotion of flexible, employee-friendly work practice 
opportunities for all members of staff. By implementing 
this career break policy the organisation aims to create an 
environment which will allow all employees to utilise their skills, 
talents and expertise and thereby allow it to both recruit and 
retain a well-motivated and committed workforce. 
 
The purpose of the career break policy is to provide a 
methodology in appropriate circumstances for staff to leave 
their employment on a long-term basis (for example, a career 
break would normally be between one to five years in duration). 
 
Some examples of where applications could apply are in the 
context of:
•  Caring for a dependent relative;
•  Continuing childcare following a period of maternity leave; or
•  Undergoing further education and training of mutual benefit 
to employee and employer.
 
However, the policy is not intended as a means of dealing with 
short-term emergencies for which other forms of leave would be 
more appropriate.
 
This policy will enable staff to keep up to date with the 
workplace during their career break and assist them where 
possible with affecting a return to work at the end of the agreed 
break. 
2 Definition 
 
A career break is a variation in contract for a specified period 
of time. The member of staff applying for a career break should 
understand that , depending on the length of the career break, it 
may impact on their pension rights. They should check the terms 
of the pension scheme they are a member of as they will be 
subject to the rules of that scheme. 
3 Purpose 
 
The policy is designed to enable staff to take an unpaid break 
from work but who would like to return to the NHS at a later 
date, e.g. after a course of further education, bringing up 

37
children or having cared for a dependent relative. A career break 
will not be allowed for the purpose of taking up alternative 
employment. 
4 Eligibility 
 
All staff must have a least 12 months’ service with the 
organisation to be eligible to take a career break.
 
Each application will be considered on the merits of the 
individual case and, where possible, a decision made within 
14 calendar days following receipt of a formal application. Full 
details should be provided in writing to the employee if an 
application has been rejected or delayed, clearly explaining the 
reasons for doing so. 
 
The applicant has a right to appeal where a request has been 
refused. The mechanism for doing so is left to the discretion 
of the organisation. Each Board must have an appeals process 
agreed in Partnership.
5  Duration of Career Break 
 
The maximum period for a career break is two years. A member 
of staff may, however, take a number of breaks throughout 
their employment provided that the total periods of absence do 
not exceed five years. Once a Career Break has been agreed it 
cannot be extended. A new application must be made for each 
break requested.
6  Application Procedure
6.1 
Employees who are considering making application for the 
scheme should arrange to discuss the matter with their line 
manager in the first instance. They should also contact their 
pension scheme contact.
 
The line manager should:
•  Ensure that the employee has the necessary information 
with which to make an informed decision as to the 
appropriateness or otherwise of making an application for a 
career break;
•  Gain an understanding of the circumstances involved and 
discuss the options available to the employee and where 
relevant, the duration of any career break required;
•  Ensure, by providing a copy of the career break policy, that 
the employee is appraised of the process involved in making 

38
an application; the resultant loss of contractual rights for 
the duration of the career break (as outlined in section 10); 
the requirements placed upon them while on a career break 
(as outlined in section 7); the management commitment (as 
outlined in section 8) ; and the process involved in effecting a 
return to work at the end of the career break (as outlined in 
section 9).
6.2 
The Application Form (Appendix 1) should be used to progress 
any application formally allowing at least three months before 
the start of the proposed break.
6.3 
If the application is approved, the employee will be issued 
with appropriate documentation by the HR department which 
requires an agreement to abide by the terms and conditions 
of the career break. The employee will be issued with an 
alternative annual hours contract. This contract should enable 
the member of staff to keep in touch and remain up to date 
with their required continuous professional development. The 
hours to be worked within the alternative hour’s contract should 
be mutually agreed between the member of staff and their 
manager. It is however recommended that these should not be 
less than 15 hours per annum. 
 
Managers will be reminded by the HR department at the end of 
each financial year of their need to ensure that staff on career 
breaks have complied with the terms and conditions outlined in 
the career break agreement.
6.4 
Where an application for a career break is refused the employee 
should be advised in writing as to the reasons for refusal, and be 
provided with detail as to the mechanism for lodging an appeal. 
7  Employee Commitment 
7.1 
Employees are required to have fully considered the implications 
and potential loss of any contractual or pension rights before 
committing to a career break. Employees are also expected to 
fulfil the following requirements whilst on a career break:
•  Maintain any professional membership or state registration 
where this is required for employment purposes. It is the 
responsibility of the employee to ensure they maintain 
practice to the relevant regulatory standard required to 
continue practice; 
•  Keep their knowledge updated by reading relevant 
professional journals and attend professional meetings, 
journal clubs, etc.; and 

39
•  Any other additional measures agreed with their Line 
Manager at the outset of the career break with a view to 
maintaining/updating/refreshing their knowledge and skills.
7.2 
Employees who participate in the scheme are obliged to ensure 
that they keep their manager fully apprised of any changes in 
their circumstances, including any change of home address or 
telephone number.
8  Management Commitment 
8.1 
The organisation is committed to ensuring that, as far as is 
reasonably practicable, employees returning from a career break 
shall be considered for any vacant post at the same grade and 
undertaking the same type of work as that undertaken prior to 
the career break. However, it may be that the organisation finds 
itself in a position where it is unable to identify any suitable 
vacancy. As the organisation cannot provide any firm guarantee 
of re-employment at the end of any agreed break, the employee 
should take full cognisance of this before making any decision to 
embark upon a career break. 
8.2 
The employer and employee will agree at the outset of any 
career break an appropriate level and method of maintaining 
communication with a view to ensuring that the individual 
is kept informed as to any relevant factors relating to the 
workplace.
9  Return to Work 
9.1 
While no guarantee of re-employment can be given, every effort 
will be made to place individuals in posts of a similar grade and 
responsibility to that held prior to the break, taking into account 
the employee’s experience, achievements and qualifications. 
Consideration must be given to the Board’s organisational 
change and Redeployment policies, as applicable. 
9.2 
The individual on a career break should provide three months’ 
notice to the designated manager as to their intention to return 
to the organisation following their career break. During this 
period copies of the internal vacancies bulletin will be sent to 
participants in the scheme by HR. 
9.3 
If, before starting a career break, an employee works in a 
part-time/job share arrangement every effort will be made to 
allow the employee to be re-engaged on that basis. In normal 
circumstances the provisions available through the local 
redeployment policy would apply. However, should the employer 

40
become involved with organisational change this may have a 
significant bearing on the employer’s ability to make any role 
available. As such the employer is unable to provide any firm 
guarantee as to re-employment at the end of any career break. 
In the event of any organisational change, any individual on a 
career break will be notified as soon as is reasonably practicable 
in order to make them aware of any proposed changes and the 
effects this may have on them. 
9.4 
To ease the transition back to work, and if a vacancy exists 
for which the individual is suited, it may be possible to offer 
re-employment on a part-time basis for up to three months 
before returning to the normal hours for the role. This must be 
discussed with the relevant line manager at the time of notifying 
the employer of their wish to return to work. 
10  Terms and Conditions of Service 
10.1 General Conditions 
 
Any periods of paid NHS employment during the break (as 
agreed at the outset of the break with the employer) will 
however count as reckonable service. 
 
The period of the career break will not count as a break in 
service for NHS continuous service purposes, although the break 
will not itself count as reckonable service. In the event that 
the individual on a career break is able to affect a return, any 
entitlements accrued prior to the break will not be lost. 
10.2 Superannuation 
 
The NHS scheme provides for members of both the 1995 and 
2008 sections (excluding locum practitioners) who are on 
an authorised break (including a career break), to choose to 
continue to pay contributions towards membership for a limited 
period. This is provided that their contract of employment is 
retained. Members who choose to continue to pay contributions 
to the scheme can do so for a period of six months. During this 
period, contributions also remain payable by the employer. 
The member can choose to extend the period for a further 18 
months. However, if this option is taken, the member would 
be responsible for payment of both employee and employer 
contributions. Please note that contributions must be paid for 
the first six months to allow the member the option to extend 
for a further 18 months if required. 
 
Contributions should be submitted by employers in the same 
way each month as for all other active members. These should 
not be paid as arrears on return to work. The employer should 

41
make arrangements with the member before the leave begins, to 
collect the contributions due and pay promptly to Scottish Public 
Pensions Agency (SPPA). It is not compulsory for a member to 
continue to pay contributions during an authorised break. If a 
member chooses not to continue with their membership of the 
scheme, employers must submit leaver information to SPPA in 
the normal way.
 
Members of the scheme should check their positions with SPPA 
in respect of pension before embarking on a career break. 
This is advisable as changes to the scheme may affect which 
scheme or section of the scheme the member is able to join on 
return to employment if there has been a break in payment of 
contributions. Those who hold “Special Class” or “MHO” status 
should especially check whether this can be retained. A new 
Scheme is being introduced in 1 April 2015. However, members 
who were within 10 years of their scheme pension age as at 
1 April 2012 and have less than a five-year break in pensionable 
employment will retain a right to re-join their original section of 
the scheme. Full details of the changes are published in the SPPA 
website at www.sppa.gov.uk
10.3 Lease Cars 
 
A member of staff who is provided with a lease car will be 
required to return the car to the Car Leasing Section for the 
period of their career break. 
 
The full leasing cost of the vehicle will be borne by the 
employee if it is retained during a career break. The individual is 
advised to discuss the matter with a member of the Car Leasing 
Team prior to embarking upon such a break. 
 
In the event of a lease vehicle being returned, a termination fee 
may apply.
10.4 Organisational Change 
 
The Organisational Change policy will apply equally to 
employees on career break and, consequently, where 
redeployment attempts are unsuccessful normal redundancy 
procedures will apply. Redundancy payments will be calculated 
in accordance with NHS Terms and Conditions. 
10.5 Sick Leave 
 
As there is a contract of employment in place for the duration of 
a career break, there is an entitlement to provisions under NHS 
Sickness Benefits scheme.

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10.6 Annual Leave 
 
As there is a contract of employment in place this will influence 
the provision of Annual Leave. Annual Leave entitlement will be 
accrued during Keeping in Touch (KIT) days.
10.7 Maternity, Parental, Paternity provisions
 
As there is a contract of employment in place this will influence 
the provision. Entitlement should be discussed with your HR 
advisor.
11  Monitoring, Review and Evaluation 
 
This policy will be monitored reviewed and evaluated every two 
years by the Area Partnership Forum or equivalent, taking into 
consideration legislative changes and developments in good 
practice to ensure it meets the needs of all employees. 

43
APPLICATION FOR A CAREER BREAK  
APPENDIX 1
To be completed by the applicant in consultation with their manager.
Full Name
.................................................................................................................................................
Employee No.
.................................................................................................................................................
Position
.................................................................................................................................................
Location
.................................................................................................................................................
Department
.................................................................................................................................................
Home Address
.................................................................................................................................................
Home Telephone No.
.................................................................................................................................................
Reason for Career Break
.................................................................................................................................................
Date Commenced Employment
.................................................................................................................................................
Start Date of Career Break
.................................................................................................................................................
Proposed Return Date
.................................................................................................................................................
Employee 
I wish to apply for an extended period of unpaid leave under the 
Career Break policy. I understand continued acceptance of the scheme 
will require that I do not carry out any other substantive employment 
during the Career Break. 
I confirm that I wish to remain in the NHS Superannuation Scheme and, 
having discussed this with my manager, I am aware of the contributions 
I am required to make, the method for doing so, and the date by 
which contributions must be received. I accept and will abide by the 
conditions of the policy. I understand that a failure to comply with the 
terms and conditions of the Career Break could result in termination of 
employment.
Signed .................................................................................. Date ..................................

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Line Manager 
I support this application and confirm that the applicant’s work 
performance is satisfactory. I will ensure appropriate arrangements are 
made to maintain contact with the applicant, including arrangements 
required to maintain competences, professional registration, training 
and general information for the duration of the break.
Signed .................................................................................. Date ..................................
Approved/Rejected (Delete as appropriate)
If rejected, give reasons:
.................................................................................................................................................
.................................................................................................................................................
.................................................................................................................................................
Signed .................................................................................. Date ..................................
Senior Manager/Director
support/reject* this application for a career break on the following 
grounds:
.................................................................................................................................................
.................................................................................................................................................
.................................................................................................................................................
.................................................................................................................................................
*delete as appropriate
Signed .................................................................................. Date ..................................
Copy to HR for actioning/records.

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Annex F: Model Annualised Hours Policy
1 Introduction 
 
Annualised hours systems provide a way of organising working 
time by contracting with staff to work an agreed number of 
hours per year rather than a standard number each week. The 
actual number of hours worked by a member of staff during 
the week will then be “flexed” to match workload requirements. 
As well as hours being varied week to week, they may also be 
varied seasonally and/or according to fluctuation of service 
demands. Annualised hours are used to match attendance of 
staff to the periods when they are most needed by services. 
 
Fluctuations in hours reflects the often uncertain patterns of 
demand for services such as in an acute hospital. Annualised 
hours working can offer a flexible and efficient way of deploying 
staff by matching staffing levels more closely with variances 
in workload. For staff, annualised hours working offers greater 
flexibility and the opportunity to better manage working hours 
to allow individuals to tailor the time they spend at work and 
at home. For employers, in time this can lead to reductions in 
staffing costs through efficient allocation of staffing levels and 
the reduction of overtime costs or use of agency or bank staff. 
 
Under more traditional working arrangements, the demand for 
services may result in overtime or premium rates of pay at busy 
times or overstaffing when demand is low. With annualised 
hours, a yearly staff plan is drawn up in advance so that staffs 
know when they are expected to work on a regular basis. 
2  Benefits of annualised hours systems 
2.1  Flexibility and staff and employer satisfaction 
 
This is one of the primary reasons for implementing an 
annualised hours system. For staff, annualised hours working can 
offer the opportunity to better meet the demands of working life 
with time at home better matched to individual need. The ability 
to vary hours of work across the day, week, month or year 
means that employers are able to match workload with staff 
availability. 
2.2  Staffing/workload matching 
 
Significant amounts of staff time can be lost as a result of 
mismatches between required and actual staffing. Traditional 
9-5 work patterns or roster arrangements which may have 

46
rosters drawn up one month in advance may not match service 
demands on a weekly, monthly or annual basis. Onwards, 
staffing rosters may have to be changed frequently in order to 
cope with unpredictable and fluctuating patient needs, resulting 
in disruption to staff members and considerable nursing and 
management time spent on re-arranging rosters and trying to 
find bank or agency staff. 
 
Mismatches of staff time to service demands tend to be 
less pronounced in wards or areas where patient or service 
demands can be predicted reasonably accurately, for example, 
in orthopaedics where generally it is known in advance how 
many patients would be booked in for treatments such as 
hip replacements. It is however more difficult to predict what 
demands will be placed on, for example, maternity units. 
Fluctuations in patient intake may lead to high fluctuations in 
overall workload of ward staff where the problem of mismatch 
between staffing and workload is highly evident. Difficulties of 
mismatches of staff time to workload are more widespread than 
solely in ward settings and annualised hours working may be 
beneficial in support services, administration and other clinical 
disciplines. 
2.3  Reduction of use of bank or agency staff 
 
Health service employers frequently have to approach bank or 
agency staff to fill staffing gaps for all types of clinicians. While 
bank or agency staff may offer relatively low costs, labour 
efficiency and the lack of sickness absence problems, other 
problems, which may be major, may be experienced. Examples 
of these are that bank or agency staff may not be available 
when required, either because they are not qualified to work in 
the area of need, or because they are already working elsewhere 
or for other employers. Developing a more flexible approach 
such as annualised hours systems allows rostering which is more 
responsive to patient needs and enables flexible deployment 
of existing experienced staff to enable short-term fluctuations 
in activity to be serviced by meeting peaks and troughs in 
workload. 
2.4  Reduction of overtime and on-call costs 
 
Where on-call systems are operated, they may be scheduled too 
far in advance to predict fluctuations in service demands and 
may not allow sufficient flexibility in meeting peaks of need. 
This can result in resources being wasted and extra costs being 
incurred when staff are not needed, or can result in having 
insufficient staff on call at times when there is an urgent need 
for them. Staff costs may be better controlled through the 

47
flexibility offered by annualised hours working by reducing the 
cost impact of staff deployment decisions, particularly those 
associated with “inappropriate” use of bank or agency staff, 
overtime, and time owed to existing staff. 
2.5  Effective patient care 
 
For the NHS, the use of annualised hours could improve the 
effectiveness of patient care and increase patient satisfaction 
by ensuring that appropriately qualified staff and services are 
available when patients want and need them, and that those 
staff have higher satisfaction in meeting the needs of those 
patients as a result of being able to better meet their own needs 
to have an adequate work-life balance. 
2.6  Organisational change 
 
Annualised hours systems are sufficiently flexible to 
accommodate changes in working times and arrangements, and 
may be effectively introduced to redesigned and reconfigured 
services as well as to existing services, bringing benefits to both 
staff and patients. The system may be useful where an overall 
reduction of staffing is required.
2.7  Reductions in absenteeism 
 
It has been documented that lower absenteeism and sickness 
have resulted due to improved flexibility for staff, affording 
them the opportunity to better match their hours worked/off to 
their home needs. 
2.8  Simplified pay administration 
 
Staff are paid the same monthly salary throughout the year 
regardless of the exact number of hours they work each month. 
3  Disadvantages of annualised hours 
working 
3.1  Development of an annualised hours system 
 
The diversity of approach which comes with increased flexibility 
means that it is unlikely that any one model of annualised 
hours working can be offered as a blueprint. Staff, their 
representatives and managers in any one area or organisation 
will have to identify the best solutions to their own staffing 
requirements and tailor the design of their annualised hour’s 
system accordingly. It is unlikely therefore to offer an “off the 
shelf” policy for flexible working. 

48
3.2  Removal of overtime payments 
 
The removal of overtime payments may mean a cut in total 
pay for those staff that depend heavily on overtime working. 
Although some staff may earn less, most employers consolidate 
the value of overtime payments and other enhanced payments 
into the annual salary (see “Implementation” at section 4 below). 
In addition, for many staff annualised hours working offers the 
security of a guaranteed amount of salary, reduced working 
hours, pre-set holidays and sensible breaks between the hours 
worked. 
3.3  Developing the system 
 
Developing the system requires accuracy and significant effort. 
Very accurate work scheduling is essential as absenteeism could 
lead to difficulties in service delivery. Therefore, adequate 
assessments need to be made before implementation of a 
scheme, of workflows, demand patterns and efficiency. 
3.4  Staff, colleague and manager perceptions 
 
Staff who do not fully understand the concept of annualised 
hours may have some suspicion of the scheme and for those 
participating in it. To this end it is essential that adequate 
briefing sessions and documents are provided to staff, 
representatives and managers explaining the purpose and 
working of the scheme. 
4 Implementation
 
Annualised hours working is likely to be a useful mechanism 
where:
•  Staffing levels do not match the level of patient activity and 
dependency; 
•  There are unforeseen peaks in workload;
•  Sickness absence cover has to be provided at short notice;
•  Staff are frequently asked to work extra shifts or hours at 
short notice;
•  Bank or agency staff are required to provide cover; or
•  Staff from other wards are needed to “help out”. 
 
Annualised hours working may be appropriate in a range of 
other settings but the above circumstances describe where an 
annualised hours system may bring greatest benefit to both 
staff and managers in providing services. The above condition 
can lead to uncertainty and informal flexible working for staff, 
increased costs and decreased quality of patient care. 

49
5  Starting the project 
5.1 Partnership 
 
It is essential that plans to introduce annualised hours working 
are developed in conjunction with a Trade Union/or Professional 
Organisation representative from the earliest possible stages. 
Pilot areas for the introduction of the system should be 
identified and full briefings given to staff and managers on what 
the system involves the benefits, drawbacks and anticipated 
outcomes. Full staff participation should be encouraged. Once 
pilot areas are identified a substantial data gathering and 
analysis exercise is required. 
5.2  Gathering data 
 
Information on both patients/service activity and staff is 
required to allow the design of the annualised hours system. In 
terms of staffing, it will be necessary to collate information on 
an annual basis to assess how many staff are in post; how they 
are deployed; assess use of bank/agency staff; turnover; current 
shift patterns and rotas; absence rates and patterns; and staff 
costs.
 
If the example of a ward setting is used as the service provision 
unit, the information on patients that is required is monthly bed 
state over the period of a year; admissions patterns; discharge 
patterns; total patient days; numbers of day cases; and patient 
dependency levels. 
5.3  Analysing data 
 
To assess whether or not annualised hours would be appropriate, 
data should be checked to see whether or not there are peaks 
and troughs in activity; against the fluctuations of service 
demand over a 24 hour period/service provision time; the 
extent to which there are high levels of emergencies and when 
they occur; whether or not there are seasonal variations in 
activity/demand; and the extent to which staff costs may be 
unpredictable. 
 
The data considered against these factors will help to inform 
the decision as to whether or not the existing system of staff 
allocation is working well, and also supports decision-making 
as to the need and desirability of proceeding to develop an 
annualised hours system. 
 
From the perspective of staff, an annualised hour’s contract 
may be requested by only one or two staff for whom such a 
system would provide the opportunity to have a better work-

50
life balance. Operating the system for small numbers of people 
within a service area has been proven effective, provided that 
the analysis of service demands has been undertaken to inform 
the design of the working pattern. 
5.4  Designing the system 
 
It is recommended that annualised hours working systems are 
introduced on a pilot basis in a simple or small number of sites 
and that clear evaluation criterion are agreed at the outset. A 
steering or evaluation group may be useful and this should be 
constituted on a partnership basis. Pilot areas may have only a 
small number of staff on annualised hours contracts and need 
not necessarily involve whole teams. 
 
It is essential that staff and their representatives are involved 
in working out the details of the system in order to capitalise 
on their knowledge and experience and to gain ownership and 
understanding of the system. 
5.5  Calculating hours to be worked 
 
Annualised hours contracts are equally appropriate for all grades 
of staff wishing to work full-time and part-time hours. A full-
time nurse, for example, would be contracted to work 1950 
hours on an annualised hour’s contract (based on a 37.5 hour 
full-time working week for nurses). This number of hours will 
include annual leave and public holiday allocation appropriate to 
that member of staff.
 
Maximum and minimum working hours per week are also agreed 
within the 48 hours (set by the Working Time Regulations) as the 
norm for a maximum length of working week and a minimum to 
be agreed in line with service needs.
 
Over the course of a year the number of hours worked overall 
may vary by plus or minus an agreed number of hours, for 
example, 30 hours, which can be carried over to the next year. 
Staff and managers record the number of hours worked by 
each member of staff and the cumulative totals are regularly 
monitored to ensure the account will be kept within the 
prescribed limits at the end of the year. 

51
5.6  On/off duty and on-call 
 
Staff rotas should be planned to match service demands/patient 
need in line with the analysis undertaken. Where a member of 
staff wishes to take time off when they are scheduled to work, 
they can negotiate times with colleagues by agreeing to swap 
shifts with them. Work schedules include an on-call roster where 
appropriate. Staff on-call may need only to be contactable, 
rather than be at home, and credit for on-call duty should be 
given in accordance with terms and conditions specified under 
Agenda for Change. While off duty and on-call requests should 
be met after the needs of the service, as much choice and self-
rostering of on-call as well as normal working, should be given. 
5.7  Stand-down arrangements 
 
Guidelines need to be developed appropriate to the service 
area to provide for standing down staff where demand is low. 
Arrangements for how credit is to be given should be included 
in the guidelines. For example, if a member of staff has worked 
2 hours of their shift and is then stood down, they could be 
given credit for one hour, i.e. 3 hours in total. There is no benefit 
to standing staff down less than 2 hours before the end of their 
shift, as they would still be entitled to an hour’s credit. 
5.8  Salary arrangements 
 
Where annualised hours systems have been implemented, local 
arrangements for calculation of payment and enhanced payment 
should be put in place. 
5.9  Sickness absence 
 
For staff working under annualised hours systems they should 
comply with the local arrangements for reporting sickness 
absence. During periods of absence staff should be paid in 
accordance with the relevant terms and conditions for the staff 
group. 
5.10 Contract of employment 
 
An annualised hours contract can be trialled by agreement 
between the employer and the employee. During this period 
the individual has the right to revert to their original terms and 
conditions upon giving an agreed amount of notice. At the end 
of the trial period, should the employee wish to continue with 
the arrangement, then with the agreement of the employer the 
contract will be amended on a permanent basis. 

52
6 Evaluation 
 
On-going evaluation of the pilot in order to effectively manage 
the system will be required. In addition, evaluation of staff and 
managers’ experiences and of the effectiveness of the system 
should be undertaken in order to inform revisions to the system 
where necessary. Evaluation criteria should be established 
at the outset of a pilot and could include assessments of the 
effectiveness of communication of the scheme, the effectiveness 
of the partnership approach, the difficulties and opportunities 
experienced in running the scheme, the extent to which gaps 
between staffing and workload have narrowed, including 
pressures on staff, the effectiveness and quality of patient care, 
financial performance and the need for bank/agency staff.
7  Monitoring, Review and Evaluation 
 
This policy will be monitored, reviewed and evaluated every 
two years by the Area Partnership Forum or equivalent, taking 
into consideration legislative changes and developments in good 
practice to ensure it meets the needs of all employees. 

53
Annex G: Model Homeworking Policy
1  Applicability and Definitions 
 
This policy applies to any post where work is performed at or 
from home instead of at or from the employer’s premises for a 
significant proportion of the contractual working hours. 
1.1  Working at Home (see Section 4) 
 
This is where staff wish, with the approval of their manager, to 
work at home for part of their working time even though their 
contract of employment requires them to have their office based 
on the employer’s premises. 
 
Sections 1-4 only of this policy apply. The annexes do not apply. 
1.2  Working from Home (see Section 5) 
 
This is where staff are required in their contract of employment 
to have their office based in their home, even though they may 
work other than at home for part of their working time. Such 
staff will be referred to hereafter as “Homeworkers”. 
 
All of this policy applies, with the exception of section 4. 
Appendices 1 – 3 inclusive apply. 
2 Equality 
 
The organisation is committed to promoting and practising equal 
opportunities in employment. This includes giving staff the 
opportunity to work more flexibly wherever practicable. 
 
The organisation will review the composition of homeworkers as 
a proportion of the workforce to ensure no unjustified indirect 
discrimination takes place.
 
This policy should be read in conjunction with the organisation’s 
Equality, Diversity and Human Rights Policy. 
3 Rationale 
 
There are a number of reasons why homeworking and working at 
home is desirable, including:
•  Providing greater flexibility;
•  Increasing scope to meet the organisation’s commitment to 
equal opportunities, e.g. it may enable a person with disabilities 
to do a job they otherwise would not be able to do;

54
•  Reducing energy consumption and pollution from unnecessary 
car journeys;
•  Broadening the traditional recruitment market and gaining 
access to alternative labour markets;
•  Attracting and retaining staff;
•  Providing a working environment which enables work to be 
carried out effectively and efficiently. 
 
Key points to bear in mind are that: 
•  Those working from home/teleworking have the same 
employment rights as office-based workers; and 
•  It should be agreed that employer and employee will review 
the practice regularly and, if necessary, to revert to previous 
arrangements. 
4  Working at Home
4.1 Definition 
 
‘Working at Home’ occurs when an employee agrees with their 
manager to work at home for part of their working time, even 
though their contract of employment requires them to be based 
on the employer’s premises. 
4.2  Guidance for working at home: 
•  Working at home should be used to undertake specific work 
activities;
•  Frequency and duration of working at home should be agreed 
with the manager and relevant colleagues;
•  Reasonable notice of a wish to work at home must be given;
•  Once there is an agreement that an individual is to work at 
home for a part of a day, given day or given period of days, 
the arrangement should be respected in so far as possible;
•  Staff working at home may be recalled to work premises at 
short notice;
•  In cases where staff working at home are frequently recalled 
to work premises at short notice, working arrangements 
should be reviewed;
•  Individuals and colleagues/managers should jointly monitor 
the impact of time spent working at home;
•  Staff working at home are required to carry out their work 
duties during their normal hours of work. Any domestic 
arrangements such as childcare/carer arrangements must 
remain in place throughout the hours of work;

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•  Perceived problems caused by staff working at home should 
be addressed within departments and/or teams;
•  Staff working at home must be contactable by telephone and/
or email;
•  Where an employee works at home more than 50 days in any 
one calendar year, that employee’s manager shall actively 
review ways of working with particular regard to location of 
the workplace. 
5  Working from home (Homeworkers/
Teleworkers) 
5.1 Definition 
 
Staff are referred to as ‘homeworkers’ where they are required in 
their contract of employment to have their office based in their 
home, even though they may be other than at home for part of 
their working time. 
5.2  Criteria to determine suitable posts 
 
The manager and HR representative will agree the number and 
type of jobs to be operated in line with this policy. If a current 
member of staff requests to work from home they will participate 
fully in these discussions. Selection is undertaken in the following 
stages: 
 
Stage 1: The Nature of the Role:
•  The role requires a high degree of personal concentrated work 
with very limited interaction and can be done at home in 
isolation from colleagues;
•  The role effectively has no need for, or would derive limited 
benefit from, an office base;
•  There is no ‘face to face’ service at the work base (the home). 
 
Stage 2: Health and Safety Assessment  
Individuals who are planning to work from home should complete 
the attached self-assessment form (Annex 1) to ascertain whether 
their home needs to be assessed by a risk assessor. The purpose 
of any such assessment is to establish the suitability of their 
home for working against health and safety standards and the 
requirements as specified within Annex 2. 
 
Stage 3: Capability, Personal and Role Development  
Selection must be in accordance with the competencies and 
criteria which have been identified as essential to being able to 
work productively and competently in the home environment, i.e.: 

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•  Competency to deliver the role effectively without 
supervision; 
•  Understanding of the impact of homeworking on the home 
environment; 
•  Self-motivation, self-discipline and possession of good time 
management skills; 
•  Clarity of role, deadlines and objectives with feedback; 
•  Clarity of personal development plan and monitoring 
arrangements. 
 
The above selection criteria will be reviewed according to the 
needs of the service, and may vary dependent on the specific job 
roles. 
5.3  Regular Information/Support/Communications 
 
The following provides guidance to managers and staff to ensure 
that those who work from home form an integral part of a team:
•  The manager should ensure that each homeworker has the 
opportunity to meet with their team at least once a week;
•  In addition to regular and detailed team briefings, line 
managers will ensure that there are regular communications, 
as appropriate, made between the office-based team and 
homeworkers. Homeworkers and their managers should 
meet on a regular basis to evaluate and develop effective 
communication links. Homeworkers should receive all relevant 
information, briefing papers and internal departmental 
communications;
•  Clear objectives are required with specific targets and the 
organisation of work into a series of ‘deliverable’ segments;
•  Homeworkers should be allocated a work area using principles 
of ‘hot-desking’, if appropriate, within work premises for the 
time they are expected to attend work;
•  Homeworkers shall be supplied with relevant IT. equipment, 
e.g. e-mail, telephone conference facilities, computer, etc. to 
allow them to work effectively. 
5.4  Terms and Conditions of Employment 
 
The terms and conditions set out below must be agreed before 
homeworking begins. 
5.4.1 Place of Work:
•  The contract will define the normal place of work as the 
employee’s home. Should the individual move to a different 
home address, then the suitability of those premises will 

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be assessed and homeworking will only continue with the 
employer’s express agreement;
•  The contract shall provide that the employee is required to 
attend work premises at reasonable notice and for whatever 
periods may be necessary. Purposes may include meetings, 
reporting sessions, submission of completed work and 
training;
•  At the determination of the organisation, the employee will 
be required to live within a reasonable travelling distance of 
work premises for meetings, briefings, training, etc. in line 
with arrangements for office-based staff. This requirement 
will be specified at the time of advertising and when notifying 
staff of homeworking; 
•  There may be occasions, as a result of system or equipment 
failure, when the employee will be required to work from 
work premises. Arrangements will be agreed in relation to 
such circumstances between the line manager and employee 
prior to the commencement of homeworking;
•  The organisation, by prior appointment, has the right to enter 
the employee’s home to inspect equipment and methods of 
storage, including a right of access to filing cabinets and to 
computer files relating to the organisations’ activities. 
5.4.2 Hours of Work
 
Hours of work will be as for staff based in work premises. 
5.4.3 Domestic Arrangements 
 
Homeworkers are required to carry out work duties during 
their normal hours of work. Any domestic arrangements such as 
childcare/carer arrangements and any other arrangements that 
the member of staff would require to have in place to enable him 
or her to attend the workplace must remain in place throughout 
the homeworker’s hours of work. 
5.4.4 Reimbursement of Expenses 
 
Reimbursement of business travel costs will be based on the 
home address as the normal place of work and will be in line with 
organisational policy. 
5.5  Equipment and Workstation 
•  The organisation will provide, for homeworkers, equipment 
as outlined and agreed as above. The organisation will be 
responsible for installation, maintenance, repair and removal 
as required. Stationery and similar office materials will be 
supplied by the employer;

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•  The organisation will, at its discretion and up to specified 
limits, reimburse the homeworker for the previously agreed 
purchase of essential equipment, e.g. desk, chair, filing cabinet; 
•  The homeworker is responsible for keeping all such equipment 
in good condition, reasonable wear and tear excepted, and for 
reporting any damage or malfunction to the line manager;
•  The homeworker shall be responsible for ensuring that 
equipment and furniture purchased meets health and safety 
requirements as outlined within Annex 2;
•  On termination of the contract of employment, the employer 
will have the right to recover all its property including 
equipment, software and copy documents and files. Without 
prejudice to the organisation’s legal right, entry to the 
employee’s home should always be by mutual agreement; 
Alternatively, the homeworker may opt to keep the equipment 
and/or furniture in exchange for a payment equal to the 
original cost, less 3% of the value per month of service since 
its purchase; otherwise the employer will have the right to 
remove the equipment;
•  The homeworker shall arrange for a business telephone line 
to be installed solely for business usage, as applicable, and 
all call and rental charges will be invoiced to the employer. 
A softphone or mobile phone may be used as an agreed 
alternative to this;
•  Additional and/or specialist equipment may be required, 
due to a homeworker’s disability. On such occasions it may 
be appropriate to have the workplace assessed by the local 
Disability Employment Adviser to advise on equipment 
available under the access to work scheme. 
6  Taxation and Insurance Arrangements 
6.1  Based on current legislation, it is not expected that there 
should be any additional personal taxation or Benefit in Kind 
implications on the homeworker as a result of working from 
home. Employees should be encouraged to contact HMRC to 
satisfy themselves as to any tax liability or relief arising from 
working from home.
6.2  It is not expected that there will be any Capital Gains Tax 
implications if the room used for working from home is dual 
purpose (i.e. occupies under 10% of the employee’s home). 
However, homeworkers should contact HM Revenue & Customs to 
confirm their individual circumstances. 

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6.3  Insurance arrangements are a joint responsibility between the 
employee and the employer. Homeowners must provide evidence 
of adequate insurance cover prior to commencing homeworking. 
7  Withdrawal from Homeworking 
 
‘Homeworking’ is regarded as a long-term commitment both for 
the organisation and staff. Notwithstanding this, homeworkers 
may seek to discontinue the arrangements and request to be 
based in work premises. The organisation will not unreasonably 
refuse such a request and will seek to agree to such a request 
where it deems this practicable. The line manager will take a 
compassionate approach to requests made due to exceptional 
personal circumstances. 
 
Homeworkers will be required to co-operate in enabling the 
organisation’s property to be removed from their home upon 
termination of employment. 
8  Monitoring and Review 
 
‘Homeworking’ undertaken within the organisation will be 
monitored and reviewed on at least a two year basis to ensure 
that the terms of this policy are operating effectively. If they are 
not, the organisation reserves the right to review a homeworker’s 
place of work after discussion with the member of staff.

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Annex G, Appendix 1
Health and Safety Audit: Homeworker’s Self-assessment
A risk assessment must be completed by the individual planning to work 
from home and be counter-signed by their manager. The purpose of this 
is to ascertain whether a full health and safety assessment should be 
undertaken on the individual’s home environment by a risk assessor. 
This assessment should be completed and returned to HR before the 
organisation agrees to a member of staff working from home. 
Name
Address
Telephone No.
Department
Job Title
Please forward a copy of your job description with this completed form
Please tick 
appropriate box
1
Do you anticipate spending more than 20% of your time working  Yes
No
at your home base?
If yes, do you anticipate spending more than 50% of your time 
Yes
No
working at your home base?
2
Do you have a room at home which will be used specifically as 
Yes
No
an office base?
If you answered no to the above question, within which room in 
the home will the work be undertaken?
How much space in this room will be required to carry out your 
role effectively?
Is there sufficient space within this room to carry out your role 
Yes
No
effectively?
Is there adequate ventilation, reasonable temperature, and 
Yes
No
suitable lighting within the home to perform the role effectively 
and in comfort?
3
Will you be using your PC continuously for an hour or more at a 
Yes
No
time?
Will you be using the PC every day?
Yes
No
If not, how often will you be required to use your PC at your 
Yes
No
home base?
4
Do you have adequate first aid provisions in the home? 
Yes
No
5
Are you likely to have to carry or move heavy loads in the home  Yes
No
as part of your role?
If yes, what manual handling activities will be undertaken in the 
home?
6
Is your electricity supply adequate for homeworking? E.g. are 
Yes
No
there sufficient sockets, etc? 
(Consult a qualified electrician if necessary)
If you believe there is additional information we may require in relation to health 
and safety issues of working at home, please set this out below.

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Annex G, Appendix 2
Homeworking Health and Safety Issues 
In accordance with Section 2(1) of the Health & Safety at Work etc. Act 
1974 (“HASAWA”) there is a duty on every employer “...to ensure, as far 
as is reasonably practicable, the health, safety and welfare at work of 
all its employees”. 
In particular, the employer is responsible for: 
•  The provision and maintenance of the organisation’s equipment and 
systems of work that are safe and without health risks; 
•  Ensuring safety and absences of health risks in the use, handling, 
storage, and transport of articles; and 
•  The provision of information, instruction, training and supervision 
necessary to ensure health and safety. 
The employer will make a suitable and sufficient assessment of all the 
risks to the health and safety of their homeworkers by identifying 
any hazards in the home, assessing the risks those hazards might 
pose to the homeworkers, and other occupants of and visitors to the 
home, and taking appropriate action to remove those risks or reduce 
them as far as possible. The homeworker is required to assist in that 
process by completing a preliminary Health and Safety Self-Assessment 
Audit (Appendix 1). This assessment should take place before a new 
employee, or existing member of staff is designated a homeworker and 
then reviewed on a regular basis. 
Homeworkers are required to take reasonable care for their own 
health and safety and that of other persons who may be affected by 
their acts and omissions at work in the home. Without prejudice to the 
organisation’s duties as the employer, the homeworker’s duties in this 
regard are likely to be significant because the working environment is 
not under the employer’s control. 
Risk Assessments should take into account the following issues: 
Display Screen Equipment 
A homeworker will not be permitted to carry out a significant amount 
of work at a home-based work station until such risk assessment 
has been carried out and any recommendations implemented. Such 
assessments shall be conducted by someone who has received relevant 
training. The “workstation” as defined in the Health and Safety (Display 
Screen Equipment) Regulations 1992 includes the display screen, 
the software, the keyboard, disk drive, telephone, modem, printer, 
documents holder, work chair, work desk, work surface, any other 
items peripheral to the display screen equipment, and the immediate 
environment around it. 

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Work Equipment 
The Provision and Use of Work Equipment Regulations 1992 (PUWER) 
do apply to the home. Other equipment not comprising part of 
the ‘workstation’ as defined above provided by the employer will 
nevertheless be suitable and sufficient for its purpose, with proper 
information and training being given on how to use that equipment 
properly and safely. Particularly important will be proper storage 
facilities for paper files. 
Handling Loads 
Homeworkers should be warned of the hazards of handling loads. Steps 
will be taken to avoid the need for any hazardous manual handling 
by homeworkers of loads relevant to their work in the home either 
altogether or until risk assessments have been carried out. 
Workplace 
The Workplace (Health, Safety and Welfare) Regulations 1992 do not 
apply to the home but the standards they require provide a useful 
benchmark in carrying out the overall risk assessment. The home 
workplace should have adequate ventilation, a reasonable temperature, 
suitable and sufficient lighting, sufficient space, and the floor should be 
kept free from obstructions or from articles or substances which could 
cause a homeworker to slip, trip or fall. If the employer approves the 
home as suitable it will be the homeworker’s responsibility to maintain 
that safe and healthy working environment. 
Electrical Equipment 
The Electricity at Work Regulations 1989 requires electrical systems 
to be constructed and maintained, so far as is reasonably practicable, 
to prevent danger. Duties under the regulations fall on employers and 
employees insofar as they relate to matters under their control. The 
employer is only responsible for electrical equipment which it supplies. 
However, before allowing a homeworker to work from home the 
organisation will ensure that the homeworker’s own electrical wiring is 
adequate for the purposes intended. Maintenance of the wiring is the 
homeworker’s responsibility. 
Substances and Materials 
The employer is only responsible for substances and materials it 
provides to homeworkers. Procedures under the Control of Substances 
Hazardous to Health Regulations 1994 should be complied with. 
(Please refer to the organisational Health and Safety Policy.)
Security 
Staff who undertake to meet with members of the organisation or 
members of the public in the course of their employment should make 
appropriate arrangements to meet at the local work office or in a public 
building. 

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First Aid 
In accordance with paragraph 3 of First Aid at work the Approved 
Code of Practice and Guidance to the Health and Safety (First Aid) 
Regulations 1981, the employer will ensure that the homeworker has 
adequate and appropriate first aid provisions in the home. It shall 
be a contractual obligation on the part of the homeworker to allow 
managers to have reasonable access to the home, by appointment, 
in order to carry out inspections for health and safety purposes. The 
homeworker will be given sufficient training and information to enable 
the employer to comply with its duty to report and record the work 
related accidents, injuries and diseases referred to in the Reporting of 
Injuries Diseases and Dangerous Occurrences Regulations 1995. 
Further guidance for employers and employees on Health & Safety is 
available at http://www.hse.gov.uk/pubns/indg226.pdf

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Annex G, Appendix 3
Homeworkers’ Intellectual Property and Data 

Protection 
Employees do not own the copyright in work produced in the course 
of their employment with the organisation unless there is a written 
agreement to the contrary. 
It is the duty of the homeworker to take all reasonable precautions 
to protect confidential information relating to employment with the 
organisation which is stored in the home and, in particular, from other 
people residing in or visiting the home. Information is confidential 
where it is expressly stated to be confidential. Information can also 
be confidential where its nature or quality attracts confidence by 
implication, or where it is covered by the data protection legislation. 
Information held on computer which contains data about any 
identifiable living individuals is likely to be subject to the Data 
Protection Act 1998. Homeworkers, as employees, do not need 
to register separately under this Act; they are covered by the 
organisation’s Register entry. However, homeworkers will need to know 
and understand their obligation to keep data about any identifiable 
living individuals confidential and secure, to operate within the terms 
of the organisation’s Data Protection Register entry, and to comply with 
the eight Data Protection Principles. 
In practice, the homeworker’s obligations as set out above are best 
observed by keeping work life and domestic life separate. In particular, 
where there is a risk that other household occupants, might gain access 
to work-related computer files these should be password protected. 
Great care should be taken not to inadvertently disclose passwords. 
All staff must be compliant with information governance/ IT security 
policies regardless of where they work.
Computer files which are not contained in the organisation’s networked 
drives should be regularly backed up onto disc and stored away from 
the home. Managers are responsible for agreeing and monitoring 
procedures for ensuring the security of work, information, and data 
and files under the homeworker’s control. Homeworkers should comply 
with the organisation’s system’s department procedures on virus 
checking and logging off when a computer is not in use. 

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Annex H: Model Retirement Policy
1 Introduction 
(Name of organisation) recognises that the change from work 
to retirement is one of the most significant events encountered 
during a person’s life. This policy aims to provide the best 
support and practical information to enable employees to 
experience as smooth a transition from work to retirement as 
possible. 
This policy applies to employees with a confirmed retirement 
date who have given 6 months’ notice of their intention to retire. 
In exceptional circumstances where the notice period is less than 
6 months the policy may be applied with mutual agreement 
between employer and employee.
Principles
All employees for whom this policy applies will be given the 
opportunity to access the benefits detailed in this policy. There is 
now no compulsory retirement age. However, employees should 
contact the HR department 13 months before they wish to retire 
to state their intent in regard to retirement. The HR department 
will then arrange an individual interview with the member of 
staff 9 months before the proposed date of retiral in order that a 
‘Retiral Plan’ may be drawn up.
2  Working Hours Reduction 
In order that an employee can adjust to the prospect of 
retirement, a gradual reduction in working hours may be 
introduced three months prior to retirement, 
•  Third month before retiral – 80% of contracted hours
•  Second month before retiral – 60% of contracted hours
•  Last month before retiral – 40% of contracted hours days
During this time employees will be paid as if at work. The pattern 
of reduced hours can only be permitted on the basis shown, i.e. 
the paid time off cannot be aggregated over a longer or shorter 
period.

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3  Preparation for Retirement 
Employees will be given the opportunity to attend the pre-
retirement course where they will have access to a wide range of 
information and be given their ‘retiral pack’. To encourage long 
and healthy retiral employees will have access to a health check 
and advice from the Occupational Health Department. 
4  Staff Termination/Pensions Application 
Pension’s applications and notification of termination should be 
completed four to six months before the date of retiral in order 
to ensure that pensions are paid timeously. If an employee is 
considering any return to work options following receipt of their 
Scottish Public Pensions Agency (SPPA) retirement benefits they 
are advised to check the implications of this on the benefits 
already in payment with SPPA. When an employee has retired, 
their contract of employment will be terminated. If they wish 
to return to NHS employment the employee will be required to 
apply for an advertised position. Employees who have previously 
retired utilizing the working hours reduction option will not be 
entitled to take this option again.
5  Monitoring, Review and Evaluation 
 
This policy will be monitored, reviewed and evaluated every 
two years by the Area Partnership Forum or equivalent, taking 
into consideration legislative changes and developments in good 
practice to ensure it meets the needs of all employees. 

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Annex I: Model Special Leave Policy
1 Introduction 
 
This organisation recognises that many staff balance the 
demands of work requirements with domestic responsibilities. 
While each member of staff is responsible for ensuring that 
they have appropriate care mechanisms in place to meet their 
personal responsibilities, this organisation endeavours to assist 
in circumstances where these arrangements have unavoidably 
broken down, or where additional pressures, out with the norm, 
arise and for which time off work may be required. 
 
All requests from staff must be dealt with on a strictly 
confidential basis and no undue pressure will be exerted on staff 
to divulge details which might breach their personal privacy. 
2  Legal Framework 
 
Employment Rights Act 1996
 
This Act provides for the right to time off for a variety of 
different reasons, for example, public and civic duties, ante-natal 
care, care of dependants and parental leave. Parents and carers of 
children under 17, and of disabled children under 18, and carers 
of certain adults, may request flexible working arrangements and 
their employers have a duty to seriously consider such requests. 
3  Policy Rationale 
 
The purpose of this policy is to allow for an appropriate response 
to a variety of situations, including: 
•  The necessary and unexpected need for a member of staff 
to provide care to a spouse or civil partner, child, parent, a 
person who lives within same household or any other person 
who reasonably relies on the employee for assistance on any 
occasion where the person falls ill or is injured or to make 
arrangements for the provision of care in the event of illness 
or injury;
•  Suffering a bereavement;
•  Civic and public duties.
 
This could be where normal arrangements break down without 
notice, or where an urgent and unforeseen situation arises. 
 
Examples of this include: 
•  The spouse or civil partner, child, parent or a person who 
lives within the same household (not a lodger)falling ill, being 

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involved in an accident, or being assaulted, including instances 
where the victim is distressed rather than being physically 
injured; 
•  The need to make longer term care arrangements for a spouse 
or civil partner, child, parent or a person who lives within the 
same household (not a lodger)who is ill or injured; 
•  To deal with the death of a spouse or civil partner, child, 
parent , close relative or a person who lives within the same 
household (not a lodger), e.g. to make funeral arrangements, or 
to attend a funeral; 
•  To deal with an unexpected disruption, or breakdown, in care 
arrangements for a spouse or civil partner, child, parent or a 
person who lives within the same household (not a lodger), 
e.g. when a child-minder/carer or nurse fails to turn up; or 
•  To deal with an incident involving the employee’s child during 
school hours, e.g. if the child has been involved in a fight, or is 
being suspended from school. 
 
The provisions of this policy are applicable to all staff, 
irrespective of length of service, hours of work, or grade and 
no employee will suffer any detriment as a result of making 
application for time off under these provisions. 
 
As always, the extent and duration of such leave must be 
balanced by service needs. It is acknowledged that there will be 
occasions where requests relate to situations which are entirely 
unforeseen and this will be borne in mind when requests are 
considered.
4  Time Off 
 
The provisions for time off are as follows: 
i)  Serious Illness/Bereavement Leave
 
Up to one working week’s paid leave in the event of the serious 
illness, acute need or death of a family member, dependant, 
close friend or colleague. This can be extended by up to a further 
working week and it will be at the discretion of the manager 
whether this is extended and whether it is paid or unpaid. 
ii)  Domestic Emergencies 
 
Up to one working week can be allocated as paid leave to deal 
with urgent and predominately unforeseen circumstances to 
which sick leave, annual leave, or any other form of specified 
leave is not applicable. This can be extended by up to a further 
working week and it will be at the discretion of the manager, 
taking into account the circumstances of the specific case and the 

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needs of the service, whether this is paid or unpaid.
iii) Carer Leave – Short & Long Term 
 
This provision is primarily for those who are required to provide 
care for a dependant. 
 
Short term Carer Leave allows for up to one working week’s paid 
leave, which can be extended by up to a further working week 
of paid or unpaid leave, to deal with urgent unforeseen care 
needs. Thereafter and depending on the specific circumstances, a 
manager may agree a period of annual leave, or unpaid leave.
 
Long term Carer Leave allows for the possibility of altering 
contractual work patterns to enable the employee’s family life 
and work requirements to be balanced for an appropriate period. 
 
Note:  The references above to a “working week” mean the 
number of hours that an individual member of staff is contracted 
to work. For example, the working week of a member of staff 
contracted to work 37½ hours per week, is 37½ hours, while the 
working week for a member of staff contracted to work 20 hours 
per week, is 20 hours. 
5  Serious Illness/Bereavement Leave 
5.1 Definition 
 
To provide reasonable support to members of staff at times of 
distress due to the unforeseen serious illness, or the death, of a 
spouse or civil partner, child, parent or a person who lives within 
the same household (not a lodger).
5.2 Entitlement 
 
Managers have the discretion to award paid leave of up to 
one working week in each occurrence of serious difficulty. In 
particularly distressing circumstances, the manager, in discussion 
with an appropriate member of the HR Team, may extend this by 
up to a further week of paid or unpaid leave. 
5.3  Duration Criteria 
 
In considering the amount of leave, the manager should take 
into account the specific circumstances, e.g. the relationship 
between the member of staff and the person in question, whether 
the member of staff has a responsibility for the estate of the 
deceased, the availability of other relatives or friends and the 
distance to be travelled in dealing with such matters. 

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5.4 Consistency 
 
Managers should aim to be fair, consistent and sympathetic in 
applying this policy. 
5.5 Notification 
 
Members of staff must make their manager aware of the potential 
need for leave at the earliest opportunity and should keep in 
regular contact throughout that period.
5.6  Record Keeping 
 
Leave should be recorded on the appropriate record system for 
future reference and to enable monitoring of its fair application 
throughout this organisation. It must also be notified to Payroll 
Department to ensure appropriate payment and recording. 
6  Domestic Emergencies
6.1 Definition 
 
Leave under this heading can be defined as arrangements 
granted when members of staff need to be absent from work 
under circumstances not covered by sick leave, annual leave, 
bereavement leave, maternity leave, paternity leave, parental 
leave, adoption and fostering leave, or flexible working 
arrangements. It is urgent and unforeseen.
 
This leave is provided as a short-term solution to help members 
of staff to balance the demands of their work and home 
responsibilities. 
6.2 Entitlement 
Up to one working week can be allocated as paid leave by the 
manager, taking into consideration the amount of the time 
reasonably required to attend to the situation which has arisen. 
In cases of exceptional difficulty, the manager can extend this 
period for up to a further working week and, in discussion with 
an appropriate member of the HR Team, has the discretion to 
determine whether this should be on a paid or unpaid basis. It 
may, however, be considered appropriate for the member of staff 
to utilise annual leave under circumstances where the situation, 
while still important, has ceased to be an emergency. 
In exceptional circumstances, a member of staff may be faced 
with long-term difficulties and the manager, in discussion with 
an appropriate member of the HR Team, should consider other 

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options to assist in the situation. This may include a reduction in 
hours, an alteration to the employee’s shift pattern, a move to 
another post, etc. 
There should be no requirement for the approved number of 
days to be taken in one block. 
6.3 Notification 
 
Members of staff must make their manager aware of their 
potential need for leave at the earliest opportunity and should 
keep in regular contact throughout this period. 
6.4  Record Keeping 
 
Leave must be recorded in the appropriate record system for 
future reference and to enable monitoring of its fair application 
throughout this organisation. It must also be notified to Payroll 
Department to ensure appropriate payment and recording. 
7  Carer Leave 
7.1 Definition 
 
Where members of staff are responsible for caring for a spouse 
or civil partner, child, parent or a person who lives within the 
same household (not a lodger) work and home life can cause 
conflicting pressures. Carer leave is designed to encourage 
managers to adopt flexible working practices at times when 
employees need assistance to balance their caring responsibilities 
with their work commitments. 
 
As recorded in 4 (iii), Short-term Carer Leave allows for up to one 
working week’s paid leave, which can be extended by up to a 
further working week of paid or unpaid leave, to deal with urgent 
unforeseen care needs. Thereafter and depending on the specific 
circumstances, a manager may agree a period of annual leave, or 
unpaid leave. 
7.2  Local arrangements 
 
The needs of staff who care for spouse or civil partner, child, 
parent or a person who lives within the same household (not 
a lodger), can often be very simple, e.g. knowing that they will 
be able to leave work on time each day, or being able to make 
a telephone call home during the day to check that all is well. 
Alternatively, a variation in the working pattern, such as altered 
shifts, or earlier/later starting and stopping times, may provide 
an adequate solution. 

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Needs such as these may be relatively easy to satisfy and it is 
expected that the individual’s manager will provide sympathetic 
support and strive to reach a mutually acceptable solution to the 
employee’s requirements that balances these with the needs of 
the service. 
7.3  Short periods of time off 
 
There may be circumstances when an employee needs a short 
period of time off, e.g. to deal with an emergency situation, 
to attend hospital, etc. In these circumstances, one of the 
arrangements shown in Section 4 can be utilised to allow the 
employee time off. 
7.4  Long-term arrangements 
 
There may, however, be times when the caring demands on the 
employee are such that the individual is forced to consider more 
extreme measures, such as a long-term reduction in working 
hours, in order to meet their caring commitments. 
 
While each case must, quite obviously, be judged on its individual 
merits, this organisation is committed to ensuring that where 
the reason for an employee requesting a reduction in contracted 
hours is for the provision of care, the individual’s case will be 
considered sympathetically and will not be unreasonably denied. 
 
Employees with caring responsibilities, who recognise the need to 
alter their contracted working hours on a long-term basis, should 
discuss the matter with their manager in the first instance. It may 
be considered appropriate for a member of the HR Team to be 
involved in these discussions. 
 
Where the manager feels unable, because of the needs of the 
service, to agree to the employee’s request, the employee should 
contact an appropriate member of the HR Team in order to 
investigate other alternatives, e.g. secondment, redeployment, etc. 
Under circumstances where it is agreed that redeployment is an 
option, the employee concerned will be entitled to the full range of 
provisions available under this organisation’s Redeployment Policy. 
7.5  Other assistance 
 
Employees with caring responsibilities are encouraged to take 
advantage of other facilities which already exist within the 
organisation and which may provide them with support or 
access to coping mechanisms, e.g. stress management initiatives, 
the Occupational Health Service who can arrange access to 
counselling, etc. 

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8  Other Types of Special Leave 
8.1 Definition 
 
Another type of special leave is where an organisation is required 
to make available special leave with pay for staff to be absent 
from work to perform ‘essential civic and public duties’. 
 
The legislative requirement for this is contained within the 
Employment Rights Act 1996 and covers a wide range of 
circumstances, a number of which are given below as examples: 
•  Justice of the Peace;
•  Attendance at court as a witness;
•  Members of a variety of public bodies including Children’s 
Panels.
 
This list is illustrative, not exhaustive. 
8.2 Entitlement 
 
Up to one working week per year can be allocated as paid leave 
by the manager taking into consideration the amount of time 
reasonably required to devote to the issue. 
 
In exceptional circumstances the manager can extend this 
period for up to a further working week and in discussion with 
an appropriate member of the HR Team, has the discretion to 
determine whether this should be on a paid or unpaid basis. It 
may, however, be considered appropriate for the member of staff 
to utilise annual or unpaid leave. 
 
NHSScotland is pleased to support employees who are members 
of, or wish to join, the Volunteer Reserve Forces. The training 
undertaken by Reservists enables them to develop skills and 
abilities that can be of benefit not just to the armed forces, but 
also to the NHS patients they serve. The NHSScotland Reserve 
Forces Training & Mobilisation Policy has been developed, in line 
with legislation, to enable NHS Scotland and its employees to 
get the maximum benefit from time spent in the Reserve Forces. 
http://www.sehd.scot.nhs.uk/mels/CEL2009_42.pdf
 
Whilst the Organisation is under no legal obligation to pay 
employees who undertake jury service, any staff who are called 
to fulfil the role of a juror will be paid their normal basic pay 
with enhancements for unsocial hours. Further information on 
Jury Service is available at: https://www.scotcourts.gov.uk/coming-
to-court/jurors


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8.3 Notification 
 
Members of staff must make their managers aware of the 
potential need for leave at the earliest opportunity and, where 
appropriate should keep in regular contact throughout the period. 
8.4  Record Keeping 
 
Leave should be recorded on the appropriate record system for 
future reference and to enable monitoring of its fair application 
throughout this organisation. It must also be notified to Payroll to 
ensure appropriate payment and recording. 
8.5  Resolution of Disagreements 
 
No request for leave under this policy will be unreasonably 
withheld. Should a disagreement arise, the individual has the 
right to raise a formal grievance. It may be preferable in such 
circumstances, however, for the manager to seek advice on 
resolving the matter from an appropriate member of the HR Team 
and a Trade Union/or Professional Organisation representative.

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Annex J: Model Maternity Leave Policy

Policy Statement
 
This policy sets out the rights and responsibilities of employees 
who are pregnant or have recently given birth and gives details 
of the arrangements for antenatal care, pregnancy-related 
illness, and maternity leave and pay.
 
The policy aims to implement best practice in the processing of 
applications, management of pregnant workers and return to 
work arrangements. 

Maternity Leave and Pay
 
The following provisions are as set out within Section 15 of the 
NHS Terms and Conditions of Service Handbook. However, they 
apply to all individuals employed by [name of organisation], 
including the Executive Level and Senior Management cohort 
and Doctors and Dentists. 
 
These provisions provide benefits which exceed the statutory 
minimum levels.
2.1 Eligibility
 
All employees will have a right to take 52 weeks of maternity 
leave whether or not they return to NHS employment.
 
An employee will be entitled to paid and unpaid maternity 
leave under the NHS contractual maternity pay scheme if:
i)  she has 12 months’ continuous service with one or more 
NHS employers at the beginning of the 11th week before 
the expected week of childbirth;
ii)  she notifies her employer in writing before the end of the 
15th week before the expected date of childbirth (or if 
this is not possible, as soon as is reasonably practicable 
thereafter):
(a)  of her intention to take maternity leave;
(b) of the date she wishes to start her maternity leave – she 
can choose when to start her maternity leave – this can 
usually be any date from the beginning of the 11th week 
before the baby is born;
(c)  that she intends to return to work with the same or 
another NHS employer for a minimum period of three 
months after her maternity leave has ended;
(d) and provides a MATB1 form from her midwife or GP 
giving the expected date of childbirth.

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2.2  Continuous service
 
In order to calculate whether the employee meets the 
qualification set out in paragraph 2.1 (i) to have had 12 months 
of continuous service with one or more NHS employers, 
reference should be made to the provisions of the NHS Terms 
and Conditions of Service Handbook sections 15.61 to 15.65.
2.3 Notification
 
In addition to 2.1 (ii) above, employees should be encouraged 
to notify their line manager as soon as possible after becoming 
pregnant. This is important as there are health and safety 
considerations for the organisation, as detailed below. The rules 
regarding notification apply irrespective of the employee’s 
entitlement to paid leave under this policy.
2.4  Confirming maternity leave and pay
 
An employee should be written to upon receipt of her 
application form, detailing what she must do (if anything) and 
her entitlements to pay and leave together with dates (where 
these can be confirmed). 
 
Following discussion with the employee, the employer should 
confirm in writing:
i)  the employee’s paid and unpaid leave entitlements under 
this agreement (or statutory entitlements if the employee 
does not qualify under this agreement);
ii)  unless an earlier return date has been given by the 
employee, her expected return date, based on her 52 weeks 
paid and unpaid leave entitlement under this agreement;
iii) the length of any period of accrued annual leave which 
it has been agreed may be taken following the end of the 
formal maternity leave period;  (NHS Terms and Conditions 
of Service Handbook – paragraphs 15.49 and 15.50); and
iv) the need for the employee to give at least 28 days of notice 
if she wishes to return to work before the expected return 
date.
2.5  Paid maternity leave
2.5.1  Amount of pay

 
Where an employee intends to return to work the amount of 
contractual maternity pay receivable is as follows:
i)  for the first eight weeks of absence the employee will 
receive full pay, less any Statutory Maternity Pay or 
Maternity Allowance (including any dependents’ allowances) 
receivable;

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ii)  for the next 18 weeks the employee will receive half of 
full pay, plus any Statutory Maternity Pay or Maternity 
Allowance (including any dependents’ allowances) 
receivable, providing the total receivable does not exceed 
full pay;
iii) for the next 13 weeks, the employee will receive any 
Statutory Maternity Pay or Maternity Allowance that they 
are entitled to under the statutory scheme.
 
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.
2.5.2  Calculation of maternity pay
 
Full pay will be calculated using the average weekly earnings 
rules used for calculating Statutory Maternity Pay entitlements, 
subject to the qualifications set out within section 15.23 of the 
NHS Terms and Conditions of Service Handbook.
2.6  Unpaid contractual leave
 
Employees are also entitled to take a further 13 weeks as 
unpaid leave to bring the total of leave to 52 weeks. However, 
this may be extended by local agreement in exceptional 
circumstances, for example, where employees have sick pre-
term babies or multiple births.
2.7  Commencement and duration of leave
 
An employee may begin her maternity leave at any time 
between 11 weeks before the expected week of childbirth 
and the expected week of childbirth, provided she gives the 
required notice. An employee is not permitted to return to work 
for a period of two weeks immediately after giving birth.
2.7.1  Changing the maternity leave start date
 
If the employee subsequently wants to change the date from 
which she wishes her leave to start, she should notify her 
employer at least 28 days beforehand (or, if this is not possible, 
as soon as is reasonably practicable beforehand).
2.7.2  Sickness prior to childbirth
 
If an employee is off work ill, or becomes ill, with an illness, 
either related to the pregnancy or not, 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.

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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 sick leave in 
accordance with normal leave provisions.
 
Odd days of pregnancy-related illness during this period may 
be disregarded if the employee is medically fit to continue 
working till the maternity leave start date previously notified 
to the employer.
2.7.3  Pre-term birth
 
Where an employee’s baby is born prematurely, the employee 
will be entitled to the same amount of maternity leave and pay 
as if her baby was born at full term.
 
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.
 
Where an employee’s baby is born before the 11th week before 
the expected week of childbirth and the employee has been 
absent from work on certified sickness absence during the 
actual week of childbirth, maternity leave will start the day 
after the day of birth. 
 
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 her maternity leave entitlement, 
taking a minimum period of two weeks’ leave immediately 
after childbirth and the rest of her leave following her baby’s 
discharge from hospital.
2.7.4 Stillbirth
 
Where an employee’s baby is stillborn after the 24th week of 
pregnancy, the employee will be entitled to the same amount of 
maternity leave and pay as if her baby was born alive.
2.7.5 Miscarriage
 
Where an employee has a miscarriage before the 24th week 
of pregnancy, normal sick leave provisions will apply as 
necessary.
2.8  Contractual rights
 
During maternity leave (both paid and unpaid) an employee 
retains all of her contractual rights, except remuneration.

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2.8.1 Increments
 
Maternity leave, whether paid or unpaid, shall count as service 
for annual increments and for the purposes of any service 
qualification period for additional annual leave. The expectation 
is that an employee on maternity leave would progress through 
a Knowledge Skills Framework gateway on the due date, if 
concerns had not been raised about the ability to meet their 
KSF outline prior to maternity leave.
2.8.2  Accrual of Annual Leave and Public Holidays
 
Annual leave and public holidays will continue to accrue during 
maternity leave, whether paid or unpaid, provided for by this 
agreement.
 
Where the amount of accrued annual leave and public holidays 
would exceed normal carry over provisions, it may be mutually 
beneficial to both the employer and employee for the employee 
to take annual leave before and/or after the formal (paid and 
unpaid) maternity leave period. The amount of annual leave to 
be taken in this way, or carried over, should be discussed and 
agreed between the employee and employer. Payment in lieu 
may be considered as an option where accrual of annual leave 
exceeds normal carry over provisions.
2.8.3 Pensions
 
Pension rights and contributions shall be dealt with in 
accordance with the provisions of the NHS Superannuation 
Regulations. It is recommended that staff check with HR and 
the Scottish Public Pensions Agency (SPPA) how their leave will 
impact upon their own pension contributions; the organisation’s 
contributions and their entitlements under the pension scheme.
2.9  Line Management Contact
 
Line managers should keep in contact with the employee 
throughout the period of her confinement and maternity leave, 
providing information and support where required and a link to 
the workplace. 
2.9.1  Pre-Maternity Leave Interview
 
Before going on leave, the line manager and the employee 
should meet to discuss the practicalities of the pregnant 
employee’s approaching maternity leave. The employee should 
already have been informed by this stage of her maternity 
leave and pay entitlement.
 
The meeting will provide the opportunity:
•  To discuss the final arrangements for the employee’s 
maternity leave;

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•  To discuss with the employee how her work will be covered 
during the maternity leave, including who will take over her 
tasks, how the handover will be managed and any other 
practicalities that arise;
•  To discuss and agree any voluntary arrangements for 
keeping in touch during the employee’s maternity leave, 
including:
i)  The employee’s right to keeping-in-touch days and 
whether or not she might be interested in exercising this 
right;
ii)  how the line manager will keep in touch with the 
employee while she is on maternity leave, what 
information she might expect to receive and by what 
means;
iii) keeping the employer in touch with any developments 
that may affect her intended date of return.
•  To discuss how the employee’s annual leave entitlement will 
be managed while she is on maternity leave;
•  For the employee to raise any other issues that she would 
like to discuss.
2.9.2  Keeping in touch days
 
To facilitate the process of keeping in touch, it is important that 
the employer and employee have early discussion to plan and 
make arrangements for Keeping in Touch (KIT days) before the 
employee’s maternity leave takes place.
 
To enable employees to take up the opportunity to work KIT 
days, employers should consider the scope for reimbursement 
of reasonable childcare costs or the provision of childcare 
facilities.
 
KIT days are intended to facilitate a smooth return to work for 
women returning from maternity leave.
 
An employee may work for up to a maximum of ten KIT days 
without bringing her maternity leave to an end. Any days of 
work will not extend the maternity leave period. 
 
An employee may not work during the two weeks of 
compulsory maternity leave immediately after the birth of her 
baby.
 
The work can be consecutive or not and can include training 
or other activities which enable the employee to keep in touch 
with the workplace.
 
Any such work must be by agreement and neither the employer 
nor the employee can insist upon it.

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The employee will be paid at their basic daily rate for the hours 
worked, less appropriate maternity leave payment for KIT days 
worked.
 
Working for part of any day will count as one KIT day.
 
Any employee who is breastfeeding must be risk assessed and 
facilities provided in accordance with the provisions set out in 
the Breastfeeding Policy.
2.10  Antenatal and Postnatal care
 
Pregnant employees have the right to paid time off for 
antenatal care. Antenatal care may include relaxation and 
parent-craft classes that the employee’s doctor, midwife or 
health visitor has advised her to attend, in addition to medical 
examinations.
 
In order to be entitled to take time off for antenatal care, the 
employee is required to produce a certificate from her doctor, 
registered midwife of registered health visitor, stating that she 
is pregnant. Except in the case of the first appointment, the 
employee should also produce evidence of the appointment, 
such as a medical certificate or appointment care, if required to 
do so.
 
Women who have recently given birth should have paid time off 
for post-natal care, e.g. attendance at health clinics. Evidence of 
such appointments should be similarly provided if required.
 
The employee should endeavour to given her line manager as 
much notice as possible of antenatal or postnatal appointments 
and, wherever possible, try to arrange them out with working 
hours or as near to the start or end of the working day as 
possible. However, it is recognised that this may not necessarily 
be possible.
2.11  Miscellaneous provisions
2.11.1  Fixed-term contracts or training contracts

 
Employees subject to fixed-term or training contracts which 
expire after the 11th week before the expected week of 
childbirth and who satisfy the conditions in paragraphs 2.1 (i), 
and 2.1 (ii) (a), (b) and (d), shall have their contracts extended 
so as to allow them to receive the 52 weeks, which includes 
paid contractual and statutory maternity pay, and the remaining 
13 weeks of unpaid maternity leave.
 
Absence on maternity leave (paid and unpaid) up to 52 weeks 
before a further NHS appointment shall not constitute a break 
in service.

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If there is no right of return to be exercised because the 
contract would have ended if pregnancy and childbirth had not 
occurred, the repayment provisions set out in paragraph 2.10 
above will not apply.
 
Employees on fixed-term contracts who do not meet the 12 
months’ continuous service condition set out in paragraph 2.1 
(i) above, may still be entitled to Statutory Maternity Pay.
2.11.2  Rotational training contracts
 
Where an employee is on a planned rotation of appointments 
with one or more NHS employers, as part of an agreed 
programme of training, she shall have the right to return 
to work in the same post or in the next planned post, 
irrespective of whether the contract would otherwise have 
ended if pregnancy and childbirth had not occurred. In such 
circumstances the employee’s contract will be extended to 
enable the practitioner to complete the agreed programme of 
training.
2.11.3  Employees not returning to NHS employment
 
An employee who satisfies the conditions in paragraph 2.1, 
except that she does not intend to work with the same or 
another NHS employer for a minimum period of three months 
after her maternity leave is ended, will be entitled to pay 
equivalent to Statutory Maternity Pay, which is paid at 90 per 
cent of her average weekly earnings for the first six weeks of 
her maternity leave and to a flat rate sum for the following 33 
weeks.
2.11.4  Employees with less than 12 months’ continuous service
 
If an employee does not satisfy the conditions in paragraph 2.1 
for occupational maternity pay, but has 26 weeks’ continuous 
service with her employer assessed at the 15th week before 
the week the baby is due, she may be entitled to Statutory 
Maternity Pay, depending on her earnings level. 
 
If her earnings are too low for her to qualify for Statutory 
Maternity Pay, she may be entitled to claim Maternity 
Allowance. In such circumstances, the employee should seek 
further information from her local Job Centre Plus or social 
security office.
2.11.5  Information about statutory maternity/adoption and paternity 
leave and pay
 
There are occasions when employees are entitled to other 
statutory benefits/allowances and Information about all 
statutory maternity/adoption and paternity rights can be found 
using the following links:

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https://www.gov.uk/search?q=maternity+leave
https://www.gov.uk/search?q=statutory+maternity+pay
 
Information about health and safety for new and expectant 
mothers at work can be found using the following link:
http://www.hse.gov.uk

Management of Pregnant Workers 
3.1  Health and safety of employees pre and post 
birth
 
The Pregnant Workers Directive 1992 introduced measures to 
encourage improvements in the health and safety at work of 
pregnant workers and workers who have recently given birth 
or are breastfeeding. The Management of Health and Safety 
at Work regulations 1999 places a duty of care on employers 
to ensure that the health and safety of pregnant workers is 
risk assessed and that action must be taken to in relation to 
identified risks.
 
Where an employee is pregnant, has recently given birth or is 
breastfeeding, the employer must carry out a risk assessment 
of her working conditions. The result of the risk assessment 
should be communicated to the female worker and her 
representative (where appropriate). 
 
Examples of risk:
•  Chemical exposure;
•  Physical and biological agents;
•  Industrial processes movements and postures;
•  Mental and physical fatigue;
•  Other types of physical and mental stress connected with 
the work done.
 
If it is found, or a medical practitioner considers, that an 
employee or her child would be at risk were she to continue 
with her normal duties, the employer should provide suitable 
alternative work for which the employee will receive her 
normal rate of pay. 
 
Examples of provisions to reduce risk:
•  Temporarily adjusting the working conditions or hours;
•  Move the worker to another job;
•  Transfer to daytime working.

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Where it is not reasonably practicable to offer suitable 
alternative work, the employee should be suspended on full 
pay on pregnancy grounds.

Return to Work Arrangements 
4.1 
An employee who intends to return to work at the end of 
her maternity leave will not be required to give any further 
notification to the employer, although if she wishes to return 
early, she must give at least 28 days’ notice.
4.2 
An employee has the right to return to her job under her 
original contract and on no less favourable terms and 
conditions.
4.3 
The line manager will arrange to meet with the employee on 
her return to work (ideally at the start of her first day back 
at work, but as soon as is reasonably practicable) who will be 
responsible for dealing with any housekeeping matters and 
ensuring that she settles in smoothly. In order to assist further 
in this regard, her manager will also:
•  Arrange a catch-up meeting to update the employee on 
developments in her absence not previously notified to her;
•  Discuss the arrangements for handing work back to her;
•  Arrange for her to meet with other work colleagues to 
enable her to re-familiarise herself with the workload and 
the relevant systems of work;
•  Discuss any training needs and ensure that these are 
addressed as soon as possible after her return;
•  Introduce her to any new members of staff;
•  Advise on parental leave entitlement;
•  Confirm the right to request flexible working arrangements;
•  Discuss provision of support should the employee wish to 
breastfeed after they return to work;
•  Discuss any recommendations that the employee’s doctor 
and/or Occupational Health have made in relation to their 
health and wellbeing following their return from maternity 
leave (carrying out a risk assessment and implementing any 
resulting actions as appropriate);
•  Discuss any other operational matters.
4.4 
Work should be handed back to the employee on a gradual 
basis with the aim that she will be completely up to speed and 
handling a workload appropriate to her contracted working 
hours within an agreed period following her return from 
maternity leave.

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4.5  Returning on flexible working arrangements
 
If, at the end of maternity leave, the employee wishes to return 
to work on different hours, the NHS employer has a duty to 
consider this and will seek to facilitate this, wherever possible 
bearing in mind the needs of the service. If possible, the 
employee will return to work on different hours but in the same 
job. If this is not possible, the employer must provide written, 
objectively justifiable reasons for this and the employee shall, 
wherever possible, be given the option to return to a role at 
the same pay band and undertaking work of a similar nature 
and status, to that which they held and undertook prior to their 
maternity absence. It may not be possible for an employee to 
have her flexible working request accommodated either in her 
existing role or through the provision of an alternative role.
 
If it is agreed that the employee will return to work on a 
flexible basis, including changed or reduced hours, for an 
agreed temporary period, this will not affect the employee’s 
right to return to her job under her original contract, at the end 
of the agreed period.
4.6  Sickness following the end of maternity leave
 
In the event of illness following the date the employee was due 
to return to work, normal sick leave provisions will apply as 
necessary.
4.7  Failure to return to work
 
If an employee who has notified her employer of her intention 
to return to work for the same or a different NHS employer, 
in accordance with paragraph 2.1 (ii) (c) above, fails to do so 
within 15 months of the beginning of her maternity leave, she 
will be liable to refund the whole of her maternity pay, less any 
Statutory Maternity Pay, received. In cases where the employer 
considers that to enforce this provision would cause undue 
hardship or distress, the employer will have the discretion to 
waive their right to recovery.
4.8   Shared parental leave
 
Under a new system of flexible parental leave (called Shared 
Parental Leave), parents will be able to choose how they share 
care of their child during the first year after birth. Employed 
mothers will still be entitled to 52 weeks of maternity leave; 
however, working parents will be able to opt to share the leave.
 
Mothers will have to take at least the initial two weeks of leave 
following the birth as a recovery period. Following that they 

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can choose to end the maternity leave and the parents can opt 
to share the remaining leave using the Shared Parental Leave 
Policy.
 
The Government introduced the changes to flexible parental 
leave in April 2015.
 
Further information is available from 
 
https://www.gov.uk/
search?q=reform+of+flexible+parental+leave
 
Dignity at Work
 
The organisation is committed to providing all reasonable 
support to employees who are pregnant or new mothers. 
Colleagues should be sensitive to this issue and should 
adopt a supportive attitude towards such employees. Every 
employee has the right to be treated with dignity at work 
and this requirement is particularly relevant and important 
to employees who are pregnant or who have recently given 
birth. It is a requirement of this policy that all employees of the 
organisation respect this principle.

Questions or Concerns
 
[Name of organisation] recognises that, from time to time, 
employees may have questions or concerns relating to their 
maternity rights. It is the policy of [name of organisation] to 
encourage open discussion with employees to ensure that 
questions and problems can be resolved as quickly as possible. 
As the maternity provisions are complex, if an employee 
becomes pregnant, she should clarify the relevant procedures 
with [name] to ensure that they are followed correctly.

Resolution of Disagreements 
 
No request for leave under this policy will be unreasonably 
withheld. Should a disagreement arise, the individual has 
the right to raise a formal grievance. It may be preferable in 
such circumstances, however, for the manager to seek advice 
on resolving the matter from an appropriate member of the 
HR Team and a Trade Union/or Professional Organisation 
representative. 

Monitoring, Review and Evaluation 
This policy will be monitored, reviewed and evaluated every 
two years by the Area Partnership Forum or equivalent, taking 
into consideration legislative changes and developments in 
good practice to ensure it meets the needs of all employees. 

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Annex K: Model Maternity Support (Paternity) Leave 
Policy

Policy Statement
 
This policy sets out the rights and responsibilities of employees 
who wish to take maternity support (paternity) leave. This will 
apply to biological and adoptive fathers, nominated carers and 
same-sex partners.
 
[Name of organisation] recognises that biological and adoptive 
fathers, nominated carers and same-sex partners have a need 
and desire to spend time at home during a period of family 
extension, be that the birth or adoption of a child.
 
The policy aims to implement best practice in the processing 
of applications, management of employees who wish to take 
paternity leave and return to work arrangements following 
paternity leave. 

Maternity Support (Paternity) Leave 
and Pay
 
The following provisions for maternity support (paternity) leave 
and pay are as set out within Section 35 of the NHS Terms and 
Conditions of Service Handbook. However, they apply to all 
individuals employed by [name of organisation], including the 
Executive Level and Senior Management cohort and Doctors 
and Dentists.
 
These provisions exceed statutory minimums by a significant 
margin. 
2.1 Eligibility
 
All employees whose wife, civil partner or partner gives birth 
to a child, or who is the biological father of the child, will have 
a right to take two weeks’ maternity support (paternity) leave 
whether or not they return to NHS employment. Maternity 
support (paternity) leave is also available to adoptive parents 
where a child is matched or newly placed with them for 
adoption. Either adoptive parent may take maternity support 
(paternity) leave where the other adoptive parent has elected 
to take adoption leave. The employee must also have, or expect 
to have, responsibility for the upbringing of the child and be 
making the request to help care for the child or to support the 
child’s primary carer.

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An employee will be entitled to paid maternity support 
(paternity) leave if:
i)  they have 12 months’ continuous service with one or more 
NHS employers at the beginning of the week in which the 
baby is due (or in the case of adoption, ending with the week 
in which they are notified of being matched with the child 
for adoption);
ii)  in the case of a birth child, they notify their employer in 
writing (using a completed SC3 “Becoming a Parent” form) 
at least 28 days before they want the leave to start (the 
employer should accept later notification if there is good 
reason):
(a)  of their intention to take maternity support (paternity) 
leave;
(b) of the length of maternity support (paternity) leave they 
wish to take (i.e. one or two consecutive weeks); 
(c)  of the date on which their partner’s baby is due;
(d) of the date on which they wish the leave to commence;
(e)  that the employee is the baby’s biological father; or 
married to the mother; or civil partner of the mother; or 
living with the mother in an enduring family relationship 
but not an immediate relative; and 
(f)  that the purpose of the leave is to care for the child or to 
support the mother. 
iii) in the case of an adopted child, they notify their employer 
in writing no later than 7 days after the date on which 
notification of the match with the child was given by 
the adoption agency (the employer should accept later 
notification if there is good reason):
(a)  of their intention to take maternity support (paternity) 
leave;
(b) of the length of maternity support (paternity) leave they 
wish to take (i.e. one or two consecutive weeks); 
(c)  of the date on which the adopter was notified of having 
been matched with the child;
(d) of the date on which the child is expected to be placed 
for adoption;
(e)  of the date on which they wish the leave to commence;
(f)  that the purpose of leave is to care for the child or 
support the child’s adopter and that the employee is 
married to or living with the adopter in an enduring 
family relationship but not an immediate relative; and 

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(g)  provide evidence of entitlement to maternity support 
(paternity) leave and pay by producing a ‘matching 
certificate’ from the adoption agency (or in the case of 
overseas adoption, a copy of the ‘official notification’ 
and, within 28 days of the child’s entry into Great 
Britain, inform the organisation of the date of entry 
and provide evidence of this date in the form of a plane 
ticket or copies of entry clearance documents).
2.2  Continuous service
 
In order to calculate whether the employee meets the 
qualification set out in paragraph 2.1 (i) to have had 12 months 
of continuous service with one or more NHS employers, 
reference should be made to the provisions of the NHS Terms 
and Conditions of Service Handbook sections 15.61 to 15.65.
2.3 Notification
 
In addition to 2.1 (ii) and (iii) above, employees should be 
encouraged to notify their line manager as soon as possible 
after their partner becomes pregnant or they are notified of 
being matched with the child for adoption. The rules regarding 
notification apply irrespective of the employee’s entitlement to 
paid leave under this policy. 
2.4  Confirming maternity support (paternity) leave 
and pay
 
An employee should be written to upon receipt of their 
application form, detailing what they must do (if anything) and 
their entitlements to pay and leave together with dates (where 
these can be confirmed). 
 
Following discussion with the employee, the employer should 
confirm in writing the employee’s entitlement to paid leave (or 
statutory entitlement or unpaid leave if the employee does not 
qualify under this agreement);
2.5  Paid maternity support (paternity) leave
2.5.1  Amount of pay

 
Subject to the eligibility criteria detailed above, there will be 
an entitlement to two weeks’ occupational maternity support 
(paternity) pay. The employee will receive full pay less any 
receivable statutory paternity pay at the rate which applies at 
the time.

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2.5.2  Calculation of maternity support (paternity) pay
 
Full pay will be calculated using the average weekly earnings 
rules used for calculating Statutory Maternity/Adoption Pay 
entitlements, subject to the qualifications set out within section 
15.23 of the NHS Terms and Conditions of Service Handbook.
2.6  Commencement and duration of leave
 
Maternity support (paternity) leave must be taken in a single 
block of one or two weeks within eight weeks of the birth or 
adoption of the child. It cannot be taken over two separate 
periods. If the child is born early, it must be taken from the 
time of the birth but within eight weeks of the expected date of 
childbirth. Maternity support (paternity) leave can start either 
from the date the child is born or placed for adoption or from a 
chosen number of days or weeks after that date.
2.6.1  Changing the maternity support (paternity) leave start date
 
If the employee subsequently wants to change the date from 
which they wish their leave to start, they should notify their 
employer at least 28 days beforehand (or, if this is not possible, 
as soon as is reasonably practicable beforehand).
2.6.2 Stillbirths 
 
A qualifying employee will be entitled to paid leave if their 
baby is stillborn after 24 weeks of pregnancy. If the baby is 
born alive at any point in the pregnancy but dies later, the 
employee will be entitled to paid paternity leave in the usual 
way. 
2.6.3  Multiple Births 
 
Entitlement to paternity leave for twins, triplets, etc. is the 
same as for a single birth. Only one period of occupational 
paternity pay is ordinarily available when there is a multiple 
birth. However, NHS organisations have scope for agreeing 
locally more favourable arrangements where they consider it 
necessary, or further periods of unpaid leave.
2.7  Contractual rights
 
During maternity support (paternity) leave an employee retains 
all of their contractual rights.
2.7.1 Increments
 
Maternity support (paternity) leave shall count as service 
for annual increments and for the purposes of any service 
qualification period for additional annual leave. The expectation 
is that an employee on maternity support (paternity) leave 
would progress through a KSF gateway on the due date, if 

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concerns had not been raised about the ability to meet their 
KSF outline prior to maternity support (paternity) leave.
2.7.2  Accrual of annual leave and public holidays
 
Annual leave and public holidays will continue to accrue 
during maternity support (paternity) leave provided for by this 
agreement.
2.7.3 Pensions
 
Pension rights and contributions shall be dealt with in 
accordance with the provisions of the NHS Superannuation 
Regulations.
2.8  Pre-maternity support (paternity) Leave
 
Reasonable time off should be given to attend ante-natal 
classes (or in the case of adoption, official meetings in the 
adoption process, such as court sessions and interviews).
 
Requests for such time off leave will be considered in 
accordance with the Special Leave Policy (or with the Adoption 
and Fostering Policy in the case of adoption). 
2.9 Step-parents
 
When a step-parent is adopting a partner’s children, there 
is scope for local arrangements on the amount of leave and 
pay in addition to time off for official meetings. If they meet 
the eligibility criteria, the employee would also be entitled to 
parental leave following the adoption.
2.10  Miscellaneous provisions
 
If an employee leaves employment prior to the birth of the 
child/placement for adoption there will be no entitlement to 
Statutory Paternity Pay (SPP). If an employee’s contract ends 
after the baby is born/child is placed for adoption then the 
employee will still be entitled to SPP. However, if the employee 
starts work for a new employer SPP will not be paid for any 
week worked with the new employer. 
2.10.1  Employees with less than 12 months’ continuous service
 
If an employee does not satisfy the conditions in paragraph 
2.1 for occupational maternity support (paternity) pay, but has 
26 weeks’ continuous service with their employer assessed at 
the 15th week before the week the baby is due, they may be 
entitled to Statutory Paternity Pay, depending on their earnings 
level.

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If the employee’s earnings are too low for them to qualify for 
Statutory Paternity Pay, they may be entitled to other welfare 
benefits. In such circumstances, the employee should seek 
further information from their local Job Centre Plus or social 
security office.
2.10.2  Information about statutory maternity/adoption and paternity 
leave and pay
 
There are occasions when employees are entitled to other 
statutory benefits/allowances and Information about all 
statutory maternity/adoption and paternity rights can be found 
using the following links:
 
https://www.gov.uk/search?q=maternity+leave
 https://www.gov.uk/search?q=statutory+maternity+pay
 
Information about health and safety for new and expectant 
mothers at work can be found using the following link:
 http://www.hse.gov.uk

Return to work arrangements
3.1 
On the employee’s return to work, they should be advised of 
the following:
•  Parental leave entitlement;
•  Right to request flexible working arrangements.
3.2  Returning on flexible working arrangements
 
If, at the end of maternity support (paternity) leave, the 
employee wishes to return to work on different hours, the 
NHS employer has a duty to consider this and to seek to 
facilitate this, wherever possible, bearing in mind the needs 
of the service. If possible, the employee will return to work 
on different hours, in the same job. If this is not possible, 
the employer must provide written, objectively justifiable 
reasons for this and the employee should, wherever possible, 
be given the option to return to a role at the same pay band 
and undertaking work of a similar nature and status, to that 
which they held and undertook prior to their absence. It may 
not be possible for an employee to have their flexible working 
request accommodated either in her existing role or through 
the provision of an alternative role.
 
If it is agreed that the employee will return to work on a 
flexible basis, including changed or reduced hours, for an 
agreed temporary period, this will not affect the employee’s 
right to return to their job under their original contract, at the 
end of the agreed period.

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3.3  Sickness following the end of maternity 
support leave
 
In the event of illness following the date the employee was due 
to return to work, normal sick leave provisions will apply as 
necessary.
3.4   Reforms of flexible parental leave
 
Under a new system of flexible parental leave (called Shared 
Parental Leave), parents will be able to choose how they share 
care of their child during in the first year after birth. Employed 
mothers will still be entitled to 52 weeks of maternity leave; 
however, working parents will be able to opt to share the leave.
 
Mothers will have to take at least the initial two weeks of leave 
following the birth as a recovery period. Following that they 
can choose to end the maternity leave and the parents can opt 
to share the remaining leave as flexible parental leave.
 
The Government introduced the changes to flexible parental 
leave in April 2015.
 
Further information is available from 
 https://www.gov.uk/
search?q=reform+of+flexible+parental+leave
 
Dignity at Work
 
The organisation is committed to providing all reasonable 
support to employees who become new biological or adoptive 
parents. Colleagues should be sensitive to this issue and should 
adopt a supportive attitude towards such employees. Every 
employee has the right to be treated with dignity at work 
and this requirement is particularly relevant and important 
to employees who are new biological or adoptive parents. 
It is a requirement of this policy that all employees of the 
organisation respect this principle.

Questions or Concerns
 
[Name of organisation] recognises that, from time to time, 
employees may have questions or concerns relating to their 
maternity support (paternity) rights. It is the policy of [name of 
organisation] to encourage open discussion with employees to 
ensure that questions and problems can be resolved as quickly 
as possible. As the maternity support (paternity) provisions 
are complex, if an employee’s partner becomes pregnant or an 
employee is notified of a match to a child for adoption, they 
should clarify the relevant procedures with [name] to ensure 
that they are followed correctly.

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Resolution of Disagreements 
 
No request for leave under this policy will be unreasonably 
withheld. Should a disagreement arise, the individual has 
the right to raise a formal grievance. It may be preferable in 
such circumstances, however, for the manager to seek advice 
on resolving the matter from an appropriate member of the 
HR Team and a Trade Union/or Professional Organisation 
representative.

Monitoring, Review and Evaluation 
 
This policy will be monitored, reviewed and evaluated every 
two years by the Area Partnership Forum or equivalent, taking 
into consideration legislative changes and developments in 
good practice to ensure it meets the needs of all employees. 

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Annex L: Model Shared Parental Leave Policy

Policy Statement
 
This policy outlines the arrangements for shared parental leave 
and pay in relation to the birth or adoption of a child. 
 
The definitions applicable in this policy in relation to the birth 
of a child are:
 
Expected week of childbirth (EWC): the week, beginning on a 
Sunday, in which the doctor or midwife expects your child to be 
born.
 Parent: One of two people who will share the main 
responsibility for the child’s upbringing (and who may be either 
the mother, the father, or the mother’s partner if not the father).
 Partner: spouse, civil partner or someone living with another 
person in an enduring family relationship, but not a sibling, 
child, parent, grandparent, grandchild, aunt, uncle, niece or 
nephew.
 
Qualifying Week: the fifteenth week before the expected week 
of childbirth. 
 
The definitions applicable in this policy in relation to the 
adoption of a child are:
 Partner: your spouse, civil partner or someone living with you 
in an enduring family relationship at the time the child is placed 
for adoption, but not your sibling, child, parent, grandparent, 
grandchild, aunt, uncle, niece or nephew.
 
Qualifying Week: the week the adoption agency notifies you 
that you have been matched with a child for adoption. 

Shared Parental Leave
2.1 
Shared parental leave (SPL) is a form of leave available to 
working parents following the birth or adoption of a child. It 
applies in respect of children who are expected to be born on 
or after 5 April 2015. It is also available where an adoption 
agency places a child with you and/or your partner on or after 
5 April 2015.
2.2 
In the case of adoption, it provides a more flexible alternative 
to the default system whereby one partner may qualify for up 
to 52 weeks’ adoption leave and the other partner may qualify 
for up to two weeks’ ordinary paternity leave.

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2.3 In 
birth cases, SPL allows parents to take up to 52 weeks leave 
in total (2 of which has to be Maternity Leave) on the birth of a 
child. They may be able to take this leave at the same time, or 
at different times. 
2.4 
In the case of adoption, under the SPL system, up to 50 weeks 
of the adoption leave entitlement may be designated as SPL. 
Assuming you are both eligible, you and your partner can 
choose how you split that leave between you. You may be able 
to take this leave at the same time or at different times. You 
may also be able to take it in more than one block.

Entitlement to Shared Parental Leave
3.1 
You are entitled to SPL in relation to the birth of a child if:
a)  you are the child’s mother, and share the main responsibility 
for the care of the child with the child’s father (or your 
partner, if the father is not your partner);
b)  you are the child’s father and share the main responsibility 
for the care of the child with the child’s mother; or
c)  you are the mother’s partner and share the main 
responsibility for the care of the child with the mother 
(where the child’s father does not share the main 
responsibility with the mother).
3.2 
You may also be entitled to SPL in relation to the adoption of 
a child if an adoption agency has placed a child with you and/
or your partner for adoption, and you intend to share the main 
responsibility for the care of the child with your partner.
3.3  
In both birth and adoption cases, the following conditions must 
also be fulfilled:
a)  you must have at least 26 weeks continuous employment 
with us by the end of the Qualifying Week, and must still be 
employed by us in the week before the leave is to be taken;
b)  the other parent (or in adoption cases, your partner) must 
have worked (in an employed or self-employed capacity) in 
at least 26 of the 66 weeks before the EWC or Qualifying 
Week and had average weekly earnings of at least £30 
during 13 of those weeks; and
 c) In birth cases, you and the other parent must give the 
necessary statutory notices and declarations as summarised 
below, including notice to end any maternity leave, 
statutory maternity pay (SMP) or maternity allowance (MA) 
periods. 

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 d) In adoption cases, you and your partner must give the 
necessary statutory notices and declarations as summarised 
below, including notice to end adoption leave or statutory 
adoption pay (SAP). 
e) In adoption cases, either you or your partner must also 
qualify for statutory adoption leave and/or SAP, and must 
take at least two weeks of adoption leave and/or pay.
3.5 
If your partner is taking adoption leave and/or claiming SAP, 
you may be entitled to two weeks’ paternity leave and pay 
(see our Paternity Leave Policy). You should consider using 
this before taking SPL. Paternity leave is additional to any 
SPL entitlement you may have, but you will lose any untaken 
paternity leave entitlement once you start a period of SPL. 
3.6 In 
birth cases, the total amount of SPL available is 52 weeks, 
less the weeks spent by the child’s mother on maternity leave 
(or the weeks in which the mother has been in receipt of SMP 
or MA if she is not entitled to maternity leave). In the case of 
adoption, the total amount of SPL available is also 52 weeks, 
less the weeks of adoption leave taken by either you or partner 
(or the weeks in which your partner has been in receipt of SAP 
if they were not entitled to adoption leave).
3.7 In 
birth cases, if you are the mother, you cannot start SPL until 
after the compulsory maternity leave period, which lasts until 
two weeks after birth.
3.8 In 
birth cases, if you are the child’s father or the mother’s 
partner, you should consider using your two weeks’ paternity 
leave before taking SPL. Once you start SPL you will lose 
any untaken paternity leave entitlement. SPL entitlement is 
additional to your paternity leave entitlement.

Opting in to Shared Parental Leave 
and Pay
4.1 
Not less than eight weeks before the date you intend your SPL 
to start, you must give us a written opt-in notice giving:
a)  your name and the name of the other parent (or in adoption 
cases, the name of your partner);
b) In birth cases, if you are the child’s mother, the start and 
end dates of your maternity leave;
c) In birth cases, if you are the child’s father or the mother’s 
partner, the start and end dates of the mother’s maternity 
leave, or if she is not entitled to maternity leave, the start 
and end dates of any SMP or MA period.

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d)  In the case of adoption, if you are taking adoption leave, 
your adoption leave start and end dates;
e)  In the case of adoption, if you are not taking adoption leave, 
your partner’s adoption leave start and end dates, or if your 
partner is not entitled to adoption leave, the start and end 
dates of their SAP;
f)  the total SPL available, which is 52 weeks minus the number 
of weeks’ maternity leave, adoption leave, SMP, MA or SAP 
period (as appropriate) taken or to be taken by you or your 
partner;
g)  how many weeks of the available SPL will be allocated to 
you and how much to the other parent / your partner. (You 
can change the allocation by giving us a further written 
notice, and you do not have to use your full allocation);
h)  if you are claiming statutory shared parental pay (ShPP), the 
total ShPP available, which is 39 weeks minus the number 
of weeks of the SMP, SAP or MA period taken or to be 
taken);
i)  how much of that available ShPP will be allocated to you 
and how much to the other parent / your partner. (You can 
change the allocation by giving us a further written notice, 
and you do not have to use your full allocation);
j)  an indication of the pattern of leave you are thinking of 
taking, including suggested start and end dates for each 
period of leave. This indication will not be binding at this 
stage, but please give as much information as you can about 
your future intentions; and
k)  declarations by you and the other parent / your partner that 
you meet the statutory conditions for entitlement to SPL 
and ShPP.

Ending Maternity/Adoption leave
5.1 In 
birth cases, if you are the child’s mother and are still on 
maternity leave, you must give us at least eight weeks’ written 
notice to end your maternity leave (a curtailment notice) before 
you can take SPL. In adoption cases, this is also the case if you 
are taking or intend to take adoption leave and want to opt 
into the SPL scheme. The notice must state the date on which 
your maternity/adoption leave will end. You can give the notice 
before or after you give birth, or after adoption leave starts, 
but you cannot end your maternity / adoption leave until at 
least two weeks after birth, or in the case of adoption you must 
take at least two weeks’ adoption leave.

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N.B. Once the child’s mother ends Maternity leave she cannot 
go back onto maternity leave once she or her partner has taken 
Shared Parental Leave.
5.2 
You must also give us, at the same time as the curtailment 
notice, a notice to opt into the SPL scheme (see above), or a 
written declaration that the child’s father or your partner has 
given his or her employer an opt-in notice and that you have 
given the necessary declarations in that notice.
5.3 
The other parent or your partner may be eligible to take SPL 
from their employer before your maternity or adoption leave 
ends, but they cannot start it until you have given us your 
curtailment notice.
5.4 
The curtailment notice is usually binding and cannot be 
revoked. You can only revoke a curtailment notice if maternity 
or adoption leave has not yet ended and one of the following 
applies:
a)  if you realise that neither you nor the other parent / your 
partner are in fact eligible for SPL or ShPP, you can revoke 
the curtailment notice in writing up to eight weeks after it 
was given;
b)  if you gave the curtailment notice before giving birth, you 
can revoke it in writing up to eight weeks after it was given, 
or up to six weeks after birth, whichever is later; or
c)  if the other parent / your partner has died.
5.5 In 
birth cases, once you revoke a curtailment notice you cannot 
submit a second curtailment notice, unless the revocation was 
given in the in circumstances in paragraph 1.1b). In adoption 
cases, once you have revoked a curtailment notice you will be 
unable to opt back in to the SPL scheme.
5.6 In 
birth cases, if you are the child’s father or the mother’s 
partner, you will only be able to take SPL once the mother has 
either:
(a)  returned to work;
(b) given her employer a curtailment notice to end her 
maternity leave;
(c)  given her employer a curtailment notice to end her SMP (if 
she is entitled to SMP but not maternity leave); or
(d) given a curtailment notice to the benefits office to end her 
MA (if she is not entitled to maternity leave or SMP).

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5.7  
In adoption cases, if your partner is taking adoption leave or 
claiming SAP from their employer, you will only be able to take 
SPL once your partner has either:
(a)  returned to work;
(e)  given their employer a curtailment notice to end adoption 
leave; or
(f)  given their employer a curtailment notice to end SAP (if 
they are entitled to SAP but not adoption leave).

Evidence of Entitlement
 
You must also provide on request:
a. In birth cases, a copy of the birth certificate (or if you have 
not yet obtained a birth certificate, a signed declaration 
of the child’s date and place of birth); or in the case of 
adoption, one or more documents from the adoption agency 
showing the agency’s name and address and the expected 
placement date; 
and
b.  The name and address of the other parent’s employer (or 
a declaration that they have no employer or that they are 
self-employed).

Notifying us of your SPL dates
7.1 
Having opted into the SPL system, you will need to give a 
period of leave notice telling us the start and end dates of 
your leave. This can be given at the same time as your opt-in 
notice, or it can be given later, as long as it is given at least 
eight weeks before the start of your leave. You must also state 
in your period of leave notice the dates on which you intend to 
claim shared parental pay, if applicable.
7.2 
If your period of leave notice gives dates for a single 
continuous block of SPL you will be entitled to take the leave 
set out in the notice.
7.3 
You can give up to three period of leave notices. This may 
enable you to take up to three separate blocks of shared 
parental leave. In exceptional circumstances we may agree to 
accept more than three period of leave notices but there is no 
obligation for us to do so.

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Procedure for requesting split periods 
of SPL
8.1 
In general, a period of leave notice should set out a single 
continuous block of leave. We may, in some cases, be willing 
to consider a period of leave notice where the SPL is split into 
shorter periods (of at least a week) with periods of work in 
between. It is best to discuss this with your manager and HR in 
advance of submitting any formal period of leave notices. This 
will give us more time to consider the request and hopefully 
agree a pattern of leave with you from the start. 
8.2 
You must submit a period of leave notice setting out the 
requested pattern of leave at least eight weeks before the 
requested start date. If we are unable to agree to your 
request straight away, there will be a two-week discussion 
period. At the end of that period, we will confirm any agreed 
arrangements in writing. If we have not reached an agreement, 
you will be entitled to take the full amount of requested SPL as 
one continuous block, starting on the start date given in your 
notice (for example, if you requested three separate periods of 
four weeks each, you will be entitled to one 12-week period of 
leave). 
 
Alternatively, you may:
a)  choose a new start date (which must be at least eight weeks 
after your original period of leave notice was given), and 
notify us of this new date within five days of the end of the 
two-week discussion period; or
b)  withdraw your period of leave notice within two days of 
the end of the two-week discussion period (in which case it 
will not be counted and you may submit a new one if you 
choose).

Changing the dates or cancelling your 
SPL
9.1 
You can cancel a period of leave by notifying us in writing at 
least eight weeks before the start date which you have given in 
the period of leave notice. 
9.2 
You can change the start date for a period of leave, or the 
length of the period of leave, by notifying us in writing at least 
eight weeks’ notice before the original start date and the new 
start date.

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9.3 
You can change the end date for a period of leave by notifying 
us in writing at least eight weeks before the original end date 
and the new end date.
9.4 
You can change split periods of leave into a single continuous 
period of leave by notifying us in writing at least eight weeks 
before the start date.
9.5 
You can request that a continuous period of leave be split into 
two or more discontinuous periods with periods of work in 
between. We will consider any such request in the way set out 
in paragraph 8.1 – 8.2.
9.6 
In birth cases, you do not need to give eight weeks’ notice if 
you are changing the dates of your SPL because your child 
has been born earlier than the EWC, and where you wanted to 
start your SPL a certain length of time (but not more than eight 
weeks) after birth. In such cases please notify us in writing of 
the change as soon as you can. 
9.7 
A notice to cancel or change a period of leave will count as one 
of your three period of leave notices, unless:
a)  in the case of a birth, the variation is a result of your child 
being born earlier or later than the EWC;
b)  in the case of adoption, the variation is a result of the child 
being placed with you earlier or later than the expected 
placement date;
c)  the variation is at our request; or
d)  we agree otherwise.
10  Shared Parental Pay
10.1   Statutory Shared Parental Pay of up to 39 weeks (less any 
weeks of statutory maternity pay or statutory adoption pay 
claimed by you or the other parent or your partner) may be 
available, provided you have at least 26 weeks’ continuous 
employment with us at the end of the Qualifying Week and 
your average earnings are not less than the lower earnings limit 
set by the government each tax year. Statutory Shared Parental 
Pay is paid at a rate set by the government each year. 
10.2   You may also qualify for contractual Shared Parental Pay 
if you have been continuously employed with one or more 
NHS employers during the 12 month period ending with the 
Qualifying Week.

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10.3   Your entitlement to contractual Shared Parental Pay, as 
described in the following paragraphs, will be subject to 
deduction of any contractual maternity or paternity or adoption 
pay which you receive.
10.4   For the first eight weeks of your SPL, contractual Shared 
Parental Pay is full pay, and includes any statutory Shared 
Parental Pay that may be due for that period. 
10.5   For the next eighteen weeks of SPL, contractual Shared Parental 
Pay is half pay, plus any statutory Shared Parental Pay that 
may be due for that period. However the combined total will 
not exceed full pay. If required, the amount of contractual 
Shared Parental Pay will be reduced in order to achieve this 
limit. 
10.6   Payment of contractual Shared Parental Pay is conditional 
upon you confirming in writing, before starting SPL, that you 
intend to return to work for at least [six] months after the 
end your SPL. If you later decide not to return to work for 
this minimum period, you must repay any contractual Shared 
Parental Pay (but not statutory Shared Parental Pay) which you 
have received. In cases where we consider that to enforce this 
provision would cause undue hardship or distress, we will have 
the discretion to waive our rights to recovery.
11  Other terms during shared parental 
leave
11.1  Your terms and conditions of employment remain in force 
during SPL, except for the terms relating to pay.
11.2  Annual leave and public holidays will continue to accrue during 
Shared Parental Leave, whether paid or unpaid, provided for by 
this agreement. Where the amount of accrued annual leave and 
public holidays would exceed normal carry over provisions, it 
may be mutually beneficial to both the employer and employee 
for the employee to take annual leave before and/or after the 
formal (paid and unpaid) maternity leave period. The amount 
of annual leave to be taken in this way, or carried over, should 
be discussed and agreed between the employee and employer. 
Payment in lieu may be considered as an option where accrual 
of annual leave exceeds normal carry over provisions. 
11.3   If you are a member of the pension scheme, we will make 
employer pension contributions during any period of paid SPL, 
based on your normal salary, in accordance with the pension 
scheme rules. Your employee contributions will be based on the 

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amount of any shared parental pay you are receiving, unless 
you inform [the Human Resources Department OR the Pensions 
Administrator] that you wish to make up any shortfall.
12  Keeping in touch
12.1 
We may make reasonable contact with you from time to time 
during your SPL although we will keep this to a minimum. This 
may include contacting you to discuss arrangements for your 
return to work.
12.2 
You may ask or be asked to work (including attending training) 
on up to 20 “keeping-in-touch” days (KIT days) during your 
SPL. This is in addition to any KIT days that you may have 
taken during maternity or adoption leave. KIT days are not 
compulsory and must be discussed and agreed with your line 
manager.
12.3 
You will be paid at your normal basic rate of pay for time spent 
working on a KIT day and this will be inclusive of any shared 
parental pay entitlement. 
13  Returning to work
13.1 
If you want to end a period of SPL early, you must give us ight 
weeks’ prior notice of the return date. It is helpful if you give 
this notice in writing.
13.2  If you want to extend your SPL, assuming you still have unused 
SPL entitlement remaining, you must submit a new period of 
leave notice at least eight weeks before the date you were 
due to return to work, assuming you still have SPL entitlement 
remaining and have not already submitted three period of 
leave notices. If you are unable to request more SPL, you may 
be able to request annual leave or ordinary parental leave. The 
decision on whether to grant this request will be subject to 
service need.
13.3  You are normally entitled to return to work in the position 
you held before starting SPL, and on the same terms of 
employment. However, if it is not reasonably practicable for us 
to allow you to return into the same position, we may give you 
another suitable and appropriate job on terms and conditions 
that are not less favourable, but only in the following 
circumstances:
a)  if your SPL and any adoption, maternity or paternity leave 
you have taken adds up to more than 26 weeks in total 
(whether or not taken consecutively); or 

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b)  if you took SPL consecutively with more than four weeks of 
ordinary parental leave (under our Parental Leave Policy).
13.4  If you want to change your hours or other working 
arrangements on return from SPL, you should make a request 
under our Flexible Working Policy. It is helpful if such requests 
are made as early as possible.
13.5  If you decide you do not want to return to work you should 
give notice of resignation in accordance with your contract. 
14  Dignity at Work
 
The organisation is committed to providing all reasonable 
support to employees who become new biological or adoptive 
parents. Colleagues should be sensitive to this issue and should 
adopt a supportive attitude towards such employees. Every 
employee has the right to be treated with dignity at work 
and this requirement is particularly relevant and important 
to employees who are new biological or adoptive parents.  
It is a requirement of this policy that all employees of the 
organisation respect this principle.
15  Questions or Concerns
 
[Name of organisation] recognises that, from time to time, 
employees may have questions or concerns relating to their 
Shared Parental Leave rights. It is the policy of [name of 
organisation] to encourage open discussion with employees 
to ensure that questions and problems can be resolved as 
quickly as possible. As the Shared Parental Leave provisions 
are complex, if an employee’s partner becomes pregnant or an 
employee is notified of a match to a child for adoption, they 
should clarify the relevant procedures with [name] to ensure 
that they are followed correctly.
16  Resolution of Disagreements
 
No request for leave under this policy will be unreasonably 
withheld. Should a disagreement arise, the individual has 
the right to raise a formal grievance. It may be preferable in 
such circumstances, however, for the manager to seek advice 
on resolving the matter from an appropriate member of the 
HR Team and a Trade Union/or Professional Organisation 
representative.

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17  Monitoring, Review and Evaluation
 
This policy will be monitored, reviewed and evaluated every 
two years by the Area Partnership Forum or equivalent, taking 
into consideration legislative changes and developments in 
good practice to ensure it meets the needs of all employees.
GLOSSARY
The definitions applicable in this policy in relation to the birth of a 
child are:
Expected week of childbirth (EWC): the week, beginning on a Sunday, 
in which the doctor or midwife expects your child to be born.
Parent: One of two people who will share the main responsibility for 
the child’s upbringing (and who may be either the mother, the father, or 
the mother’s partner if not the father).
Partner: spouse, civil partner or someone living with another person 
in an enduring family relationship, but not a sibling, child, parent, 
grandparent, grandchild, aunt, uncle, niece or nephew.
Qualifying Week: the fifteenth week before the expected week of 
childbirth.
The definitions applicable in this policy in relation to the adoption of a 
child are:
Partner: your spouse, civil partner or someone living with you in 
an enduring family relationship at the time the child is placed for 
adoption, but not your sibling, child, parent, grandparent, grandchild, 
aunt, uncle, niece or nephew.
Qualifying Week: the week the adoption agency notifies you that you 
have been matched with a child for adoption.
Other frequently used Terms included in this Policy are:
SPL 
Shared Parental Leave
SMP 
Statutory Maternity Pay
MA 
Maternity Allowance (The level of allowance provided to 
those who do not qualify for Statutory Maternity Pay)
SAP 
Statutory Adoption Pay
ShPP 
Statutory Shared Parental Pay
KIT Days  Keeping in Touch Days

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Annex M: Model Parental Leave Policy
1  Policy Statement
 
[Name of organisation] recognises that parents have a joint 
responsibility for the care and upbringing of their children and 
that work and parenthood can create conflicting pressures. 
Parents need time with their children and time to create a 
supportive home in which their children can thrive. Parental 
leave is therefore aimed at encouraging a culture of flexible 
working practice to assist staff to balance family and work 
commitments. Parental leave is expressly for the purpose of 
allowing parents to spend quality time with their children and 
assist in balancing this with work commitments, thus improving 
their participation in the workplace. 
2  Values and Principles 
 
Managers and staff must show responsibility for ensuring 
transparency and equity in the implementation of this policy, 
balancing their own and service needs with due consideration 
of the needs of patients, colleagues and team members. 
Consideration should be given to the reasonableness of the 
duration and timing of leave especially during peak periods 
of annual leave and the impact this will have on the needs of 
patients, colleagues and team members. Flexibility should be 
demonstrated in circumstances where the normal notice cannot 
be given such as during adoption or at times of sudden illness. 
3   Parental Leave and Pay 
 
The following provisions for parental leave are as set out 
within Section 35 of the NHS Terms and Conditions of Service 
Handbook. However, they apply to all individuals employed by 
[name of organisation], including the Executive Level and Senior 
Management cohort and Doctors and Dentists. The additional 
provisions for paid paternity leave are as agreed in partnership 
in NHSScotland. 
3.1  Eligibility and amount of leave
 
Currently all employees will be eligible to take parental leave if:
i.  They have 12 months’ continuous service with one or more 
NHS employers;
ii.  They have a nominated caring responsibility for a child under 
age 18;

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iii.  They notify their employer in writing three weeks in advance 
of the intended leave (or if this is not possible, as soon as is 
reasonably practicable thereafter):
a.  Of their intention to take parental leave;
b.  Of the date they wish to commence and return from 
parental leave;
c.  Provide evidence of entitlement
i.  A birth certificate (or MATB1 form in the case of 
applications for leave around the time of the birth of 
the child);
ii.  Papers confirming the adoption of a child (or 
confirming that a child has been matched for adoption 
in the case of applications for leave around the time of 
adoption of the child);
iii.  Papers confirming the award of disability living 
allowance in the case of a child with a disability.
 
The amount of parental leave entitlement is 18 weeks for each 
child under the age of 18.
 
The 18-week entitlement is per each child, not per employment. 
In other words, the balance of the entitlement is not restored to 
18 weeks if an individual changes employer. For example, if an 
employee uses 10 weeks of their entitlement with one employer, 
and then changes employer, they can only use up to eight weeks 
with their new employer, assuming that they are eligible.
3.2  Continuous service
 
In order to calculate whether the employee meets the 
qualification set out in paragraph 3.1 (i) to have had 12 months 
of continuous service with one or more NHS employers, 
reference should be made to the provisions of the NHS Terms 
and Conditions of Service Handbook sections 15.61 to 15.65. 
3.3 Notification
 
In addition to 3.1 (iii) above, employees should be encouraged 
to give as much notice as possible to their line manager when 
requesting parental leave. This allows line managers to ensure 
that appropriate staffing cover is in place so as to facilitate the 
authorisation of such leave.
 
If the requested period of leave exceeds four weeks, at any one 
period, a minimum of two months’ notice is required. 

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However there will be occasions where notice cannot be given. 
On these occasions parents should give the notice as soon as 
reasonably practicable. 
 
Evidence of entitlement to parental leave need only be given 
once in respect of each child.
3.4  Confirming parental leave and pay
 
The line manager and the employee must discuss the terms on 
which the employee will exercise their right to parental leave 
(e.g. is it to be taken as a single block, as annual allowance or 
under any other individual arrangement). It is good practice for 
this then to be confirmed in writing by the employee’s manager. 
 
In exceptional circumstances, due to the needs of the service, the 
employee may be asked to postpone their parental leave, until a 
later date. Postponement would only take place after discussion 
with the employee and where a valid and objective operational 
reason has been provided. 
 
The leave will not be postponed for more than six months from 
the date on which the employee wanted to start parental leave. 
The manager and the employee should try to agree a suitable 
time, but if they cannot, the manager becomes responsible for 
guaranteeing that the employee can take the leave at a time, 
no more than six months ahead, which best fits the needs of 
the service and the employee. If this means that the leave is 
postponed beyond the 18th birthday of the relevant child, the 
parent still has a right to take it. 
 
The employee may at this stage opt to withdraw the request for 
parental leave and re-submit a request at a later date. 
 
The manager should confirm the postponement arrangements, in 
writing, no later than seven days after the employee’s notice to 
take leave is given. The manager should clearly state the reason 
for the postponement. In addition to this, the new dates when 
the employee may take parental leave should be given, ensuring 
that the length and terms of this leave is equivalent to the 
employee’s original request. 
3.5  Paid parental leave
3.5.1  Entitlement to four weeks’ paid parental leave

 
Employees who meet the eligibility requirements are entitled 
to four weeks of paid parental leave in respect of each of their 
children. The paid leave must be taken before the relevant 
child’s 14th birthday (or 18th birthday in the case of adoptive 
parents or parents of a child with a disability). 

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3.5.2  Calculation of pay during paid parental leave
 
Full pay will be calculated using the average weekly earnings 
rules used for calculating Statutory Maternity Pay entitlements, 
subject to the qualifications set out within section 15.23 of the 
NHS Terms and Conditions of Service Handbook.
3.6  Entitlement to unpaid parental leave
 
Any parental leave which is taken after the 14th birthday (but 
before the 18th birthday) of the relevant child will be unpaid.
3.7  Commencement and duration of leave
 
Subject to the notice requirements detailed above, an employee 
may take parental leave at any point up to the child’s 18th 
birthday.
 
This parental leave may be taken as either: 
i)  a single block of 18 weeks;
ii)  an annual allowance; or,
iii) under any other individual arrangements agreed between 
an employee and their line manager in line with service 
needs (e.g. single working days, blocks of one week, reduced 
working hours). 
 
Parental leave can be added to periods of maternity support, 
shared parental leave (from April 2015), adoption or maternity 
leave.
 
A full record of parental leave taken will be maintained by the 
organisation and transferred to any future employer.
3.8  Changing the parental leave start date
 
Employees may also postpone or cancel leave that has been 
booked by giving reasonable notice. 
3.9  Contractual rights
 
During parental leave the employee retains all of his/her 
contractual rights, except remuneration (during any period of 
unpaid leave)and should return to the same job on expiry of 
their parental leave.
3.10 Increments
 
Parental leave shall count as service for annual increments 
and for the purposes of any service qualification period for 
additional annual leave. The expectation is that an employee on 
parental leave would progress through a KSF gateway on the 

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due date, if concerns had not been raised about the ability to 
meet their KSF outline prior to parental leave.
3.11 Accrual of annual leave and public holidays
 
Annual leave and public holidays will continue to accrue during 
parental leave provided for by this agreement.
3.12 Pensions
 
Pension rights and contributions shall be dealt with in 
accordance with the provisions of the NHS Superannuation 
Regulations. It is recommended that staff check with HR and 
SPPA how their leave will impact upon their own pension 
contributions; the organisations contributions and their 
entitlement under the pension scheme
3.13 Line Management Contact
 
It is good practice for employers to maintain contact (within 
agreed protocols) with employees while they are on parental 
leave in a period of leave for more than two weeks.
4  Right to Return 
 
At the end of parental leave an employee is guaranteed the 
right to return to the same job as they were doing before they 
commenced parental leave, provided that the leave was for a 
period of four weeks or less. 
 
If the leave is greater than four weeks, the employee is entitled 
to return to the same job, or if that is not reasonably practicable, 
a similar job which is suitable and appropriate and has the same 
terms and conditions as the employees previous job. 
 
When parental leave follows maternity leave, the general rule is 
that the employee is entitled to return to the same job which the 
employee had been employed in before the leave. 
5  Abuse of Parental Leave 
 
Parental leave is to look after a child, which includes making 
arrangements for the good of the child. If the employee uses the 
leave for some other purpose (e.g. paid employment within the 
NHS or elsewhere, or leave unrelated to the care of children), 
then this may be viewed as misconduct and the organisation will 
deal with this situation in accordance with the Management of 
Employee Conduct Policy. 

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6  Dignity at Work
 
The organisation is committed to providing all reasonable 
support to employees who wish to take parental leave. 
Colleagues should be sensitive to this issue and should adopt a 
supportive attitude towards such employees. Every employee 
has the right to be treated with dignity at work and this 
requirement is particularly relevant and important to employees 
who are or become parents. It is a requirement of this policy 
that all employees of the organisation respect this principle.
7  Questions or Concerns
 
[Name of organisation] recognises that, from time to time, 
employees may have questions or concerns relating to their 
parental leave rights. It is the policy of [name of organisation] 
to encourage open discussion with employees to ensure that 
questions and problems can be resolved as quickly as possible. 
As the parental leave provisions are complex, if an employee 
is seeking parental leave, they should clarify the relevant 
procedures with [name] to ensure that they are followed 
correctly.
8  Resolution of Disagreements 
 
No request for leave under this policy will be unreasonably 
withheld. Should a disagreement arise, the individual has 
the right to raise a formal grievance. It may be preferable in 
such circumstances, however, for the manager to seek advice 
on resolving the matter from an appropriate member of the 
HR Team and a Trade Union/or Professional Organisation 
representative.
9  Monitoring, Review and Evaluation 
 
This policy will be monitored, reviewed and evaluated every 
two years by the Area Partnership Forum or equivalent, taking 
into consideration legislative changes and developments in good 
practice to ensure it meets the needs of all employees. 

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Annex N: Model Breastfeeding Policy
1 Introduction 
 
This organisation aims to support and encourage mothers who 
wish to breastfeed after they return to work. We will: 
•  Actively support the promotion of breastfeeding amongst our 
staff and patients; 
•  Provide information about breastfeeding for pregnant 
workers; 
•  Allow, wherever possible, flexibility in working hours, 
including agreed regular breaks for employees who wish to 
breastfeed or express milk; and 
•  Wherever possible and as necessary make available rest areas 
and dedicated storage space for the use of breastfeeding 
employees.
2  Preparing to Return to Work 
 
The employee should arrange to meet their immediate line 
manager at least four weeks before the planned date of return to 
discuss working arrangements which will allow the individual to 
continue to breastfeed. 
3  Risk Assessment
 
The rules surrounding risk assessment of pregnant employees 
or employees who have recently given birth equally apply in 
the case of employees who are breastfeeding with actions, as 
detailed in the Maternity Policy, being undertaken where such a 
risk assessment finds that her normal duties would prevent her 
from successfully breastfeeding her child.
4  Time Off
 
Where practicable, time off during working hours or flexibility 
in working hours should be provided to allow the employee to 
breastfeed and/or to express milk. 
 
While the organisation cannot guarantee that it will be able to 
agree to every request for time off/flexibility in working hours, 
it will give favourable consideration to requests and endeavour, 
within reason, to accommodate employees’ wishes bearing in the 
mind the needs of the service.

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5 Facilities 
 
As recommended by the Health and Safety Executive, facilities 
available to breastfeeding mothers should include where possible: 
 
Areas for rest/expressing milk 
These should be clean and warm with a low comfortable chair 
and, where necessary, the facility to lie down. The area should 
have a lock or have an arrangement for ensuring privacy. There 
should be hand washing facilities nearby. There should be an 
electric point for an electric pump, if necessary.
 
Facilities for storing breast milk 
There should be a clean area where sterilizing equipment may be 
stored. A dedicated storage space should be available for storing 
expressed breast milk at 2–4°C until it is taken home. 
6  Resolution of Disagreements 
 
No request for time off or flexibility under this policy will 
be unreasonably withheld. Should a disagreement arise, the 
individual has the right to raise a formal grievance. It may be 
preferable in such circumstances, however, for the manager to 
seek advice on resolving the matter from an appropriate member 
of the HR Team and a Trade Union/or Professional Organisational 
representative.
7  Monitoring, Review and Evaluation 
 
This policy will be monitored, reviewed and evaluated every 
two years by the Area Partnership Forum or equivalent, taking 
into consideration legislative changes and developments in good 
practice to ensure it meets the needs of all employees. 

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Annex O: Model Adoption Leave and Fostering Policy

Policy Statement
 
[Name of organisation] aims to deal sensitively and 
sympathetically with staff who are considering being the main 
carer in adopting or fostering a child and are looking for time 
off in the initial stages of this process.
 
We recognise that the needs of adoptive or foster parents are 
at least as great as those of natural parents in establishing a 
relationship with the child and in developing new routines. The 
organisation also recognises that a single person may adopt/
foster a child and that an employee of either sex may adopt/
foster a child.
 
This policy sets out the rights and responsibilities of employees 
who wish to adopt or foster a child and gives details of the 
arrangements for adoption leave and pay. 
 
The policy aims to implement best practice in the processing 
of applications, management of employees who wish to adopt 
or foster a child and return to work arrangements following 
adoption leave. 
2 Fostering 
 
Fostering can be for varying lengths of time, from very short-
term to long-term fostering and the organisation will adopt a 
flexible approach to this. Staff should therefore discuss their 
intention to foster with their line manager as soon as possible 
to determine the level of support they consider appropriate to 
their circumstances. 
 
For very short-term fostering, it would be more appropriate 
to consider time off under the Special Leave Policy but there 
is no guarantee that this will be granted. For longer-term 
fostering, the manager should consider providing time off under 
the arrangements for Adoption Leave/Pay (outlined below), 
Parental Leave or Career Breaks. 

Adoption Leave and Pay
 
The following provisions for adoption leave and pay are as set 
out in Section 35 of the NHS Terms and Conditions of Service 
Handbook and mirror those set out within Section 15 of the 
Handbook in respect of maternity leave and pay. However, they 
apply to all individuals employed by [name of organisation], 

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including the Executive Level and Senior Management cohort 
and Doctors and Dentists.
3.1 Eligibility
 
All employees who adopt a child under the age of 18 through 
an approved adoption agency (or who adopt a child from 
overseas and have received ‘official notification’ in respect of 
that child), and who will have primary care responsibility for 
this child, will have a right to take 52 weeks of adoption leave 
whether or not they return to NHS employment.
 
An employee will be entitled to paid and unpaid adoption leave 
under the NHS contractual adoption pay scheme if:
i)  they have 12 months’ continuous service with one or more 
NHS employers ending with the week in which they are 
notified of being matched with the child for adoption;
ii)  they notify their employer in writing no later than seven 
calendar days after the date on which notification of 
the match with the child was provided by the adoption 
agency (or if this is not possible, as soon as is reasonably 
practicable thereafter):
a.  of their intention to take adoption leave;
b.  of the date the child is expected to be placed with the 
employee for adoption
c.  of the date they wish to start their adoption leave – 
adoption leave can start on the day the child is placed 
for adoption, or up to 14 days earlier (or in the case of 
adoption of a child from overseas, on the day on which 
the child enters Great Britain or on a chosen date no 
later than 28 days after that);
d.  that they intend to return to work with the same or 
another NHS employer for a minimum period of three 
months after their adoption leave has ended;
e.  and provide evidence of entitlement to adoption leave 
and pay by producing a ‘matching certificate’ from the 
adoption agency (or in the case of overseas adoption, 
a copy of the ‘official notification’ and, within 28 
days of the child’s entry into Great Britain, inform the 
organisation of the date of entry and provide evidence 
of this date in the form of a plane ticket or copies of 
entry clearance documents).

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3.2  Continuous service
 
In order to calculate whether the employee meets the 
qualification set out in paragraph 3.1 (i) to have had 12 months 
of continuous service with one or more NHS employers, 
reference should be made to the provisions of the NHS Terms 
and Conditions of Service Handbook sections 15.61 to 15.65.
3.3 Notification
 
In addition to 3.1 (ii) above, employees should be encouraged 
to notify their line manager as soon as possible after they are 
notified of being matched with the child for adoption. The rules 
regarding notification apply irrespective of the employee’s 
entitlement to paid leave under this policy.
3.4  Confirming adoption leave and pay
 
An employee should be written to upon receipt of their 
application form (Annex 1), detailing what they must do (if 
anything) and their entitlements to pay and leave together with 
dates (where these can be confirmed). 
 
Following discussion with the employee, the employer should 
confirm in writing:
i)  the employee’s paid and unpaid leave entitlements under 
this agreement (or statutory entitlements if the employee 
does not qualify under this agreement);
ii)  unless an earlier return date has been given by the 
employee, their expected return date, based on their 
52 weeks paid and unpaid leave entitlement under this 
agreement; 
iii) the length of any period of accrued annual leave which 
it has been agreed may be taken following the end of the 
formal adoption leave period; and
iv) the need for the employee to give at least 28 days of notice 
if they wish to return to work before the expected return 
date.
3.5  Paid adoption leave
3.5.1  Amount of pay

 
Where an employee intends to return to work the amount of 
contractual 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 (including 
any dependents’ allowances) receivable;

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ii)  for the next 18 weeks the employee will receive half of 
full pay, plus any Statutory Adoption Pay or Maternity 
Allowance (including any dependents’ allowances) 
receivable, providing the total receivable does not exceed 
full pay; and
iii) for the next 13 weeks, the employee will receive any 
Statutory Adoption Pay or Maternity Allowance that they 
are entitled to under the statutory scheme.
 
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.
3.5.1  Calculation of adoption pay
 
Full pay will be calculated using the average weekly earnings 
rules used for calculating Statutory Adoption Pay entitlements, 
subject to the qualifications set out within section 15.23 of the 
NHS Terms and Conditions of Service Handbook.
3.6  Unpaid contractual leave
 
Employees are also entitled to take a further 13 weeks as 
unpaid leave to bring the total of leave to 52 weeks. However, 
this may be extended by local agreement in exceptional 
circumstances. 
3.7  Commencement and duration of leave
 
An employee may begin their adoption leave on the day the 
child is placed for adoption, or up to 14 days earlier (or in the 
case of adoption of a child from overseas, on the day on which 
the child enters Great Britain or on a chosen date no later than 
28 days after that).
3.7.1  Changing the adoption leave start date
 
If the employee subsequently wants to change the date from 
which they wish their leave to start, they should notify their 
employer at least 28 days beforehand (or, if this is not possible, 
as soon as is reasonably practicable beforehand).
3.8  Contractual rights
 
During adoption leave (both paid and unpaid) an employee 
retains all of their contractual rights, except remuneration.
3.8.1 Increments
 
Adoption leave, whether paid or unpaid, shall count as service 
for annual increments and for the purposes of any service 
qualification period for additional annual leave. The expectation 

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is that an employee on adoption leave would progress through 
a KSF gateway on the due date, if concerns had not been raised 
about the ability to meet their KSF outline prior to adoption 
leave.
3.8.2  Accrual of annual leave and public holidays
 
Annual leave and public holidays will continue to accrue during 
adoption leave, whether paid or unpaid, provided for by this 
agreement.
 
Where the amount of accrued annual leave and public holidays 
would exceed normal carry over provisions, it may be mutually 
beneficial to both the employer and employee for the employee 
to take annual leave before and/or after the formal (paid and 
unpaid) adoption leave period. The amount of annual leave to 
be taken in this way, or carried over, should be discussed and 
agreed between the employee and employer. Payment in lieu 
may be considered as an option where accrual of annual leave 
exceeds normal carry over provisions.
3.8.3 Pensions
 
Pension rights and contributions shall be dealt with in 
accordance with the provisions of the NHS Superannuation 
Regulations.
3.9  Line Management Contact
 
Line managers should keep in contact with the employee 
throughout the period following receipt of notification of 
matching and during adoption leave, providing information and 
support where required and a link to the workplace. 
3.9.1  Pre-Adoption Leave Discussion
 
Before going on leave, the line manager and the employee 
should meet to discuss the practicalities of the employee’s 
approaching adoption leave. The employee should already have 
been informed by this stage of their adoption leave and pay 
entitlement.
 
The meeting will provide the opportunity:
•  To discuss the final arrangements for the employee’s 
adoption leave;
•  To discuss with the employee how their work will be 
covered during the adoption leave, including who will take 
over their tasks, how the handover will be managed and any 
other practicalities that arise;
•  To discuss and agree any arrangements for keeping in touch 
during the employee’s adoption leave, including:

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i)  The employee’s right to keeping-in-touch days and 
whether or not they might be interested in exercising 
this right;
ii)  how the line manager will keep in touch with the 
employee while they are on adoption leave, what 
information they might expect to receive and by what 
means;
iii) keeping the employer in touch with any developments 
that may affect their intended date of return;
•  To discuss how the employee’s annual leave entitlement will 
be managed while they are on adoption leave;
•  For the employee to raise any other issues that they would 
like to discuss.
3.9.2  Keeping in touch days
 
To facilitate the process of keeping in touch, it is important that 
the employer and employee have early discussion to plan and 
make arrangements for Keeping in Touch days (KIT days) before 
the employee’s adoption leave takes place.
 
To enable employees to take up the opportunity to work KIT 
days, employers should consider the scope for reimbursement 
of reasonable childcare costs or the provision of childcare 
facilities.
KIT days are intended to facilitate a smooth return to work for 
employees returning from adoption leave.
An employee may work for up to a maximum of 10 KIT days 
without bringing their adoption leave to an end. Any days of 
work will not extend the adoption leave period. 
The work can be consecutive or not and can include training 
or other activities which enable the employee to keep in touch 
with the workplace.
Any such work must be by agreement and neither the employer 
nor the employee can insist upon it.
The employee will be paid at their basic daily rate for the hours 
worked, less appropriate adoption leave payment for KIT days 
worked.
 
Working for part of any day will count as one KIT day.

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3.10  Pre-Adoption Leave
 
Reasonable time off should be given to attend official meetings 
in the adoption process, such as court sessions and interviews.
 
Staff who wish to take advantage of this leave should advise 
their line manager in writing as soon as they are notified by 
the Adoption Agency that a child is to be placed with them 
for adoption and that time off may be required and proof of 
appointment will be required to support requests for leave.
 
In normal circumstances a maximum of five days (one working 
week) will be available for this purpose. 
3.11  Miscellaneous provisions
3.11.1  Fixed-term contracts or training contracts

 
Employees subject to fixed-term or training contracts which 
expire between 11 weeks before and six weeks after the date 
of adoption and who satisfy the conditions in paragraphs 3.1 (i), 
and 3.1 (ii) (a), (b) and (d), shall have their contracts extended 
so as to allow them to receive the 52 weeks, which includes 
paid contractual and statutory adoption pay, and the remaining 
13 weeks of unpaid adoption leave.
 
Absence on adoption leave (paid and unpaid) up to 52 weeks 
before a further NHS appointment shall not constitute a break 
in service.
 
If there is no right of return to be exercised because the 
contract would have ended if adoption leave had not occurred, 
the repayment provisions set out in paragraph 2.10 above will 
not apply.
 
Employees on fixed-term contracts who do not meet the 12 
months’ continuous service condition set out in paragraph 3.1 
(i) above, may still be entitled to Statutory Adoption Pay.
 
An employee on a fixed-term contract, satisfying the conditions 
for paid entitlement to leave, and whose contract expires 
between 11 weeks before and six weeks after the date of 
adoption, will have their contracts extended to enable them 
to receive 26 weeks’ paid leave. If the right to return to work 
cannot be exercised because of the termination of the contract, 
pay cannot be reclaimed.
3.11.2  Rotational training contracts
 
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 

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work in the same post or in the next planned post, irrespective 
of whether the contract would otherwise have ended if 
adoption leave had not occurred. In such circumstances the 
employee’s contract will be extended to enable the practitioner 
to complete the agreed programme of training.
3.11.3  Employees not returning to NHS employment
 
An employee who satisfies the conditions in paragraph 3.1, 
except that they do not intend to work with the same or 
another NHS employer for a minimum period of three months 
after their adoption leave is ended, will be entitled to pay 
equivalent to Statutory Adoption Pay, which is paid at 90 per 
cent of their average weekly earnings for the first six weeks of 
their adoption leave and to a flat rate sum for the following 33 
weeks.
3.11.4  Employees with less than 12 months’ continuous service
 
If an employee does not satisfy the conditions in paragraph 3.1 
for occupational adoption pay, but has 26 weeks’ continuous 
service with their employer leading into the week in which they 
are notified of being matched with a child for adoption, they 
may be entitled to Statutory Adoption Pay, depending on their 
earnings level. 
 
If the employee’s earnings are too low for them to qualify for 
Statutory Adoption Pay, they may be entitled to other welfare 
benefits. In such circumstances, the employee should seek 
further information from their local Job Centre Plus or social 
security office.
3.11.5  Information about statutory maternity/adoption and paternity 
leave and pay
 
There are occasions when employees are entitled to other 
statutory benefits/allowances and Information about all 
statutory maternity/adoption and paternity rights can be found 
using the following links:
 
https://www.gov.uk/search?q=maternity+leave
 
https://www.gov.uk/search?q=statutory+maternity+payml.html
 
Information about health and safety for new and expectant 
mothers at work can be found using the following link:
 http://www.hse.gov.uk

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Return to Work Arrangements
4.1 
An employee who intends to return to work at the end of their 
full adoption leave will not be required to give any further 
notification to the employer, although if they wish to return 
early, they must give at least 28 days’ notice.
4.2 
An employee has the right to return to their job under 
their original contract and on no less favourable terms and 
conditions.
4.3 
The line manager will arrange to meet with the employee on 
their return to work (ideally at the start of their first day back 
at work, but as soon as is reasonably practicable) who will be 
responsible for dealing with any housekeeping matters and 
ensuring that they settle in smoothly. In order to assist further 
in this regard, their manager will also:
•  Arrange a catch-up meeting to update the employee on 
developments in their absence not previously notified to 
them;
•  Discuss the arrangements for handing work back to them;
•  Arrange for them to meet with other work colleagues to 
enable them to re-familiarise themselves with the workload 
and the relevant systems of work;
•  Discuss any training needs and ensure that these are 
addressed as soon as possible after their return;
•  Introduce them to any new members of staff;
•  Advise on parental leave entitlement;
•  Confirm the right to request flexible working arrangements;
•  Discuss any other operational matters.
4.4 
Work should be handed back to the employee on a gradual 
basis with the aim that they will be completely up to speed and 
handling a workload appropriate to their contracted working 
hours within an agreed period following their return from 
adoption leave.
4.5  Returning on flexible working arrangements
 
If, at the end of adoption leave, the employee wishes to 
return to work on different hours, the NHS employer has a 
duty to consider this and to seek to facilitate this, wherever 
possible. The employee will return to work on different hours, 
in the same job. If this is not possible, the employer must 
provide written, objectively justifiable reasons for this and 
the employee shall, wherever possible, be given the option to 

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return to a role at the same pay band and undertaking work 
of a similar nature and status, to that which they held and 
undertook prior to their adoption leave absence. It may not be 
possible for an employee to have their flexible working request 
accommodated either in their existing role or through the 
provision of an alternative role.
 
If it is agreed that the employee will return to work on a 
flexible basis, including changed or reduced hours, for an 
agreed temporary period, this will not affect the employee’s 
right to return to their job under their original contract, at the 
end of the agreed period.
4.6  Sickness following the end of adoption leave
 
In the event of illness following the date the employee was due 
to return to work, normal sick leave provisions will apply as 
necessary.
4.7  Failure to return to work
 
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 the above paragraph 3.1 (ii) (c) 
above, fails to do so within 15 months of the beginning of 
their adoption leave, they will be liable to refund the whole of 
their adoption pay, less any Statutory Adoption Pay, received. 
In cases where the employer considers that to enforce this 
provision would cause undue hardship or distress, the employer 
will have the discretion to waive their rights to recovery.

Dignity at Work
 
The organisation is committed to providing all reasonable 
support to employees who adopt or foster. Colleagues should 
be sensitive to this issue and should adopt a supportive 
attitude towards such employees. Every employee has the 
right to be treated with dignity at work and this requirement 
is particularly relevant and important to employees who adopt 
or foster. It is a requirement of this policy that all employees of 
the organisation respect this principle.

Questions or Concerns
 
[Name of organisation] recognises that, from time to time, 
employees may have questions or concerns relating to their 
adoption or fostering rights. It is the policy of [name of 
organisation] to encourage open discussion with employees 

125
to ensure that questions and problems can be resolved as 
quickly as possible. As the adoption and fostering provisions 
are complex, if an employee is or is seeking to adopt/foster a 
child, they should clarify the relevant procedures with [name] 
to ensure that they are followed correctly.

Resolution of Disagreements 
 
No request for leave under this policy will be unreasonably 
withheld. Should a disagreement arise, the individual has 
the right to raise a formal grievance. It may be preferable in 
such circumstances, however, for the manager to seek advice 
on resolving the matter from an appropriate member of the 
HR Team and a Trade Union/or Professional Organisation 
representative. 

Monitoring, Review and Evaluation 
 
This policy will be monitored, reviewed and evaluated every 
two years by the Area Partnership Forum or equivalent, taking 
into consideration legislative changes and developments in 
good practice to ensure it meets the needs of all employees. 

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Notification of adoption/fostering absence and/or 
application for adoption/foster leave pay (Annex 1)
Section A  

(to be completed by all applicants)
Full name
Home address
Staff pay number
Place of work
Job title/Grade start
Date and length of service
Type of contract (e.g. permanent/
fixed-term etc.)
Expected date of adoption/fostering
Section B  
(to be completed by staff that intend or may intend to return to work)
I am aware that my application for Adoption/Foster Leave will be 
considered in accordance with the conditions of service which have 
been explained to me. I enclose a copy of the Certificate of Adoption/
Fostering, and declare that I shall return to work for an NHS employer 
for at least a period of three months:
 
(Please tick  
 
appropriate box)
No later than 26 weeks from the start of my period of  
adoption/fostering 
£
No later than 52 weeks from the start of my period of  
adoption/fostering
£
I am uncertain at this time as to whether I will return to work
£
I understand that if I do not return to work for a period of at least 
three months following my adoption leave, I am to repay any payments 
made to me as set out in the Terms and Conditions of Service.
Signed .................................................................................. Date ..................................

127
Section C  
(to be completed by staff who do not intend to return to work)
I intend to resign and my last working day will be ...........................................
I have read and understood the Terms and Conditions set out and 
enclose a copy of my Certificate of Adoption.
Signed .................................................................................. Date ..................................
Section D  
(to be completed by Head of Department)
I am aware of the applicant’s intention following a period of  
adoption/foster leave:
 
(Please tick  
 
appropriate box)
To return to work no later than 26 weeks from the start of the 
adoption/foster leave 
£
To return to work no later than 52 weeks from the start of the 
adoption/foster leave
£
I am aware the applicant does not intend to return to work
£
The applicant is not sure whether they will return to work 
£
I acknowledge receipt of the application form and confirm that the 
information contained in it is accurate.
Signed .................................................................................. Date ..................................
Designation .......................................................................
Section E  
(to be completed by the Human Resources department)
 
(Please tick  
 
appropriate box)
The applicant intends to return to work/may return to work  
following the adoption/foster leave and is entitled to leave  
as detailed in the enclosed copy letter 
£
The applicant intends to resign following the adoption and  
is entitled to pay as detailed in the enclosed copy letter  

£
Signed .................................................................................. Date ..................................
Designation .......................................................................

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Annex P: Childcare Guidance
1 Introduction 
 
It is important that NHSScotland organisations have readily 
available advice for employees on childcare. It may be that in 
some circumstances assistance can be provided for employees 
with childcare responsibilities. 
 
Childcare support can be provided in a variety of ways which 
may or may not have a financial implication for the organisation. 
Any support initiative which incurred costs to the organisation 
would have to be carefully researched to ensure that the benefits 
of the scheme justified the financial outlay. 
2  Childcare Support Options 
 
Detailed below are options that could be considered by 
organisations. It is important that employees are involved in 
the consideration of options and their views on the value of 
implementing any options are obtained. Options include: 
2.1  Employer/Provider Partnerships 
 
Partnerships between employers and childcare providers can 
have a number of advantages in setting up and running a 
childcare support project. Advantages can include:
•  Capital costs for a new initiative can be shared at the 
outset – for example, a hospital could provide the site for a 
nursery while the childcare provider pays for construction or 
conversion;
•  The employer can buy into an existing childcare resource, 
making a capital contribution in return for places for 
employees’ children;
•  There is more flexibility, especially for employers with 
dispersed sites, they can select places in a variety of locations 
so employees have the option of childcare near home or near 
work;
•  The onus on a single employer to fill all the places in a new 
provision is reduced;
•  The project benefits from the existing expertise of providers 
in setting up and managing childcare services.

129
2.2  Out of School and Holiday Play Schemes 
 
Out of school schemes provide facilities for school children in 
periods before and after the normal school day. Partnerships with 
schools and other providers usually prove the most successful 
and effective, as children of staff may attend a number of 
different schools. 
 
Various organisations provide on-site holiday play schemes for 
children of staff, although again partnership with other providers 
may provide more options for staff. All schemes need to be 
registered with the Local Council, and the facilities officially 
inspected. 
2.3  Childcare Vouchers 
 
Childcare vouchers can be purchased by an employer for the 
use of their employees to pay towards childcare costs. Vouchers 
are taxed as a benefit by the HM Revenue & Customs. Further 
information can be accessed at https://www.gov.uk/help-with-
childcare-costs/childcare-from-your-employer
2.4  On-site Nursery 
 
A workplace nursery is an option where large numbers of staff 
are employed on one site and live in the vicinity. Employers can 
set up their own nurseries or work in partnership with providers. 
As a pattern of provision it can be combined with off-site 
facilities for staff nearer to home. 
 
Specific standards exist for nurseries, with space requirements 
for each age group set under the terms of the Children Act 1989. 
An outdoor play space will be needed. Quality inspection for 
nurseries is required. The local authority early years education 
or social services department will provide further information on 
registration requirements. 
2.5  Child-minding Network 
 
A child-minding network can be set up by appointing a 
coordinator to help staff find a local child-minder. Child-minders, 
who have to be registered with the local authority, take children 
into their own homes to care for them (in contrast to nannies who 
work in the child’s home). The National Child-minding Association 
(Scottish Childminding Association in Scotland) can advise on 
starting up a local network. 

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2.6  Childcare Information Service 
 
Every local authority provides free information about childcare 
services in the area. Information about Scottish local childcare 
can be accessed through visiting the Scottish Family Information 
Service website – https://www.scottishfamilies.gov.uk/
2.7  Working Tax Credit 
 
Employers should produce and make available to staff 
information in relation to Working Tax Credit. 
 
Usually, parents would qualify for tax credits to help with 
childcare if:
•  they qualify for Working Tax Credit;
•  they’re responsible for the child;
•  the childcare they pay for is registered or approved;
•  they work the right number of hours for childcare tax credits 
(usually the requirement would be that each parent would 
have to work at least 16 hours a week each, but only one 
parent would have to work these hours if the other was in 
receipt of certain benefits, in hospital or prison).
 
Eligible parents can get these tax credits until the Saturday after 
1 September following their child’s 15th birthday (16th if they’re 
disabled).
 
Further information on the childcare element of working tax 
credit can be accessed at www.gov.uk/help-with-childcare-costs/
tax-credits
3 Conclusion 
 
It is for individual employers to ascertain which support options 
will work for them and progress this locally. This guidance is 
included to provide background information that may be of use. 

131
Appendix 2
PIN Policy Review Group

Members:  Bruce Anderson
Head of Partnership NHS Fife
Edwina Cameron
Staff Governance Associate, Scottish 
Government
Alison L Johnston Staff Governance Associate, Scottish 
Government
Ian Milne
HR Business Partner, NHS 24
Jackie Mitchell
National Officer, Royal College of 
Midwives
Darren Paterson
Staff Governance Associate, Scottish 
Government
Norman Provan
Associate Director, Royal College of 
Nursing
Susan B Russell
Staff Governance Associate, Scottish 
Government

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