Maternity, Adoption and Related Parental Support Procedure
Including Maternity Leave, Adoption Leave, Maternity & Adoption Support Leave (formerly Paternity Leave), Shared Parental Leave and Parental Leave.
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Reference
Document Purpose
Procedure
Document Name
Maternity, Adoption and Related Parental Support Procedure
Author
NHS England Policy Sub Group
Publication Date
August 2018
Target Audience
All NHS England Employees and Workers
Superseded Document
Maternity, Parental and Adoption Policy v7.1
Action Required
For Publication and Implementation
Contact Details (for further information)
Midlands & East Region: xxxxxxx.xxxxxxxxxxxxxxxxxxxxx@xxx.xxx
North Region: xxxxxxx.xxxxxxxxxxxxx@xxx.xxx
South Region: xxxxxxx.xxxxxxx@xxx.xxx
Central and London Region: xxxxxxx.xxxxxx@xxx.xxx
Document Status
This is a controlled document. W hilst this document may be printed, the electronic version posted on the
intranet is the controlled copy. Any printed copies of this document are not controlled. As a controlled
document, this document should not be saved onto local or network drives but should always be
accessed from the intranet.
Document number: MARSPROC
Issue/approval date 01/09/2018
Version number: GV3.0
Status: FINAL
Next review date: 01/09/2020
v3.0
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Contents
1
Introduction ........................................................................................................5
2
Discrimination Awareness ................................................................................5
3
Maternity .............................................................................................................5
3.1
Antenatal Appointments ................................................................................ 5
4
Risk Assessment ...............................................................................................6
5
Procedures .........................................................................................................6
5.1
Applying for maternity leave .......................................................................... 6
5.2
How to apply for maternity leave/pay – documentary evidence .................... 7
6
Maternity pay provision .....................................................................................7
7
Statutory maternity pay (SMP) ..........................................................................7
8
Occupational maternity pay (OMP)...................................................................8
9
Maternity Allowance (MA) .................................................................................8
10 Premature Birth ..................................................................................................9
11 Miscarriage, stillbirth or death ..........................................................................9
12 Pregnancy related sickness absence...............................................................9
13 Breastfeeding at work......................................................................................10
14 Employees not returning to work ...................................................................10
15 Adoption ...........................................................................................................10
15.1
Eligibility ................................................................................................... 10
15.2
Adoption Appointments ............................................................................ 10
15.3
Adoption Leave ........................................................................................ 11
15.4
Statutory adoption pay (SAP) .................................................................. 11
15.5
Occupational Adoption pay (OAP) ........................................................... 12
15.6
Adoption Allowance (AA) ......................................................................... 12
15.7
Employees not returning to work.............................................................. 12
15.8
Adoption leave and pay process .............................................................. 13
15.9
Documentary evidence – adoption leave/pay .......................................... 13
15.10 Unsuccessful adoption process ............................................................... 13
16 Childcare vouchers ..........................................................................................14
17 Deductions from salary whilst on maternity or adoption leave ...................14
18 Terms and conditions of employment during maternity or adoption leave 14
19 Annual Leave....................................................................................................14
20 Keeping in touch ..............................................................................................15
21 Fixed term contracts ........................................................................................16
22 Returning to work ............................................................................................16
23 Not returning to work.......................................................................................17
24 Flexible working requests ...............................................................................18
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25 Maternity and adoption support (formerly known as paternity) leave ........18
26 Parental leave ...................................................................................................19
27 Shared parental leave and pay........................................................................20
28 Roles and responsibilities...............................................................................21
28.1
Employees are responsible for: ............................................................... 21
28.2
Line managers are responsible for:.......................................................... 21
28.3
The HR Shared Service (BSA) are responsible for: ................................. 22
28.4
The Director of People and Organisational Development is responsible for:
22
29 Further information ..........................................................................................22
30 Equality impact assessment ...........................................................................22
31 Data Protection …………………………….……………………………………......23
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1 Introduction
1.1
This procedure is written in support, and should be read in conjunction with
th
e Maternity, Adoption and Related Parental Support Policy.
1.2
This document outlines the responsibilities and expectations of all employees
and workers within NHS England in relation to the maternity, adoption and
Related Parental Support.
2 Discrimination Awareness
2.1
NHS England expects the same standards of conduct of all employees.
Managers should bear in mind the possibility that some employees may need
assistance to follow or understand rules or procedures because of language
or disability factors, for example. If such assistance is needed or requested,
consideration should be given to providing it.
2.2
When referencing the term ‘partner’ within this procedure, NHS England is
clear that the term is fully inclusive of same sex partners.
3 Maternity
3.1 Antenatal Appointments
3.1.1 All pregnant employees, including those fixed term contracts, are entitled to
reasonable paid time off for antenatal care made on the advice of a registered
doctor or midwife. Except for the first appointment, employees should show
the employer, if requested, an appointment card or other documents showing
that an appointment has been made. Antenatal care can include not only
medical examinations, but also relaxation classes and parent craft classes.
The employee must give their line manager as much notice as is reasonably
practicable if they need time off work for antenatal care.
3.1.2 NHS England recognises this is an important time and therefore employees
will be given reasonable time off to accompany their partner, to attend
antenatal appointments. This should be discussed in advanced with their line
manager and the appointment card/letter etc. provided if requested.
3.1.3 Partners of pregnant employees are entitled to unpaid time off to attend two
ante-natal appointments up to a maximum of 6.5 hours per appointment.
3.1.4 Intended parents in a surrogacy case who meet the conditions set out under
the Human Embryology and Fertilisation Act 2008 will also have the right to
unpaid leave to attend up to two antenatal appointments. Further information
is available from Gov.UK – Surrogacy
: legal rights of parents and surrogates.
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4 Risk Assessment
4.1
NHS England has a legal obligation to protect employees who they know (or
could reasonably be expected to know) are or may become pregnant, have
given birth during the last 6 months or are breast-feeding. This applies
whether or not formal notification has been received.
4.2
The line manager has a responsibility to ensure that suitable and sufficient
risk assessments are in place to mitigate exposure to any hazard which may
adversely affect expectant employees, employees who have recently given
birth (up to 6 months following childbirth) and breast-feeding employees.
4.3
In the event that a risk is identified, the following steps should be taken to
remove the employee from exposure to that risk:-
• A temporary adjustment to the employee’s duties, working conditions, hours
of work etc.
• If such measures would not remove the risk or would not be reasonably
practicable to implement, then the employee should be offered suitable
alternative work on no less favourable terms and conditions of employment.
Medical advice (e.g. Occupational Health, GP) may be sought.
• If it is not reasonably practicable to offer suitable, alternative work, then the
employee should be suspended from work (“for maternity-related reasons”) on
full pay for as long as the risk exists or until commencement of maternity
leave (whichever is the sooner).
• An employee who unreasonably refuses an offer of suitable, alternative work
can be suspended without pay.
5 Procedures
5.1 Applying for maternity leave
5.1.1 Every pregnant employee has the right to 52 weeks maternity leave; this
includes employees who give birth as a surrogate. As soon as reasonably
practicable employees should inform their manager that they are pregnant.
This will enable the line manager to fulfil their statutory obligations in
safeguarding the employee and their unborn baby from exposure to possible
harmful situations at work. (Please refer to the section on risk assessment). If
the employee wishes their pregnancy to remain confidential their manager will
respect their request.
5.1.2 An employee can commence their maternity leave on any day from their 29th
week of pregnancy (i.e. 11 weeks before the Expected Week of Childbirth).
Maternity leave cannot commence later than the actual date of childbirth.
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5.2 How to apply for maternity leave/pay – documentary evidence
5.2.1 The employee should provide the following documentary evidence as soon as
practicable:-
•
Maternity Adoption and Related Parental Support Application Form - this is
the application the employee completes to commence maternity leave.
Maternity leave can commence on any day of the week.
• A MATB1 Certificate should be attached to the completed maternity leave
application form. This certificate is normally provided to the pregnant
employee by their midwife or related healthcare professional. It will be copied
and sent back with the confirmation letter.
• If the employee subsequently wants to change their maternity start date they,
should notify their line manager and the Workforce Systems Team
(xxxxxxx.xxxxxxxxxxxxxxxx@xxx.xxx) in writing at least 28 days beforehand
(if this is not possible, as soon as is reasonably practicable).
6 Maternity pay provision
6.1
Maternity pay is based on average weekly earnings over the 8 weeks prior to
15th week before the baby is due.
7 Statutory maternity pay (SMP)
7.1
SMP is a legal entitlement and is the minimum level of maternity pay due to
employees who meet the necessary requirements of the scheme. If an
employee has been employed by NHS England for 26 weeks by the
notification week (15th week before their baby is due) and their earnings are
above the NI lower earnings limit, they are entitled to statutory maternity leave
with pay.
7.2
Statutory Maternity Pay (SMP) is a weekly benefit paid to employees who are
on maternity leave.
7.3
Employees who meet the criteria above will be entitled to:-
• The first 6 weeks at 90% of average earnings
• The next 33 weeks at the SMP rate or 90% of average weekly earnings
whichever is lower
• 13 weeks unpaid maternity leave, in exceptional circumstances such as in the
event of multiple births, it may be deemed appropriate to extend the period of
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unpaid maternity leave. Any such requests should be made in writing to the
local HR team who will consider the individual circumstances of each case
and take a decision on a case by case basis.
• This entitlement is 52 weeks in total.
• This entitlement can be taken regardless of whether the employee returns to
work or not.
8 Occupational maternity pay (OMP)
8.1
OMP, which is an NHS contractual benefit that is paid to those employees
who have been continuously employed for 12 months at the beginning of the
11th week prior to the expected week of childbirth at NHS England or another
NHS organisation, AND who plan to return to work to NHS England or another
NHS organisation at the end of their maternity leave. OMP operates in
conjunction with SMP and is paid to employees working full or part-time.
8.2
Employees who meet the criteria above will be entitled to:-
• 8 weeks at full pay less any Statutory Maternity Pay (SMP) or Maternity
Allowance (MA).
• 18 weeks at half pay plus SMP or MA at the standard rate (providing this does
not exceed full pay).
• 13 weeks at SMP only.
• 13 weeks unpaid maternity leave, in exceptional circumstances such as in the
event of multiple births, it may be deemed appropriate to extend the period of
unpaid maternity leave. Any such requests should be made in writing to the
local HR team who will consider the individual circumstances of each case
and take a decision on a case by case basis.
• This entitlement is 52 weeks in total.
9 Maternity Allowance (MA)
9.1
Where earnings are too low to qualify for SMP, or the employee does not
qualify for SMP for another reason, the employee may be eligible to claim up
to 39 weeks of MA. MA is a benefit paid by the Department of Work and
Pensions and can be claimed from Job Centre Plus or a local social security
office. Further information can be obtained via the government website at
www.gov.uk.
9.2
To be eligible for MA an employee must have worked a total of 26 weeks in
the 66 weeks before the week in which the baby is due.
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10 Premature Birth
10.1 Where an employee’s baby is born alive prematurely the employee will be
entitled to the same amount of maternity leave and pay as if the baby was
born full term.
10.2 Where an employee’s baby is born before the eleventh 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.
• If the baby is in hospital the employee may split their maternity leave
entitlement, taking a minimum period of two weeks leave immediately after
childbirth and the rest of the leave following the baby’s discharge from
hospital.
11 Miscarriage, stillbirth or death
11.1 In the event of a miscarriage, stillbirth or death before the 25th week of
pregnancy normal sick leave procedures apply.
11.2 In the event of a stillbirth at any point from the commencement of the 25th
week of pregnancy the employee is entitled to maternity leave and pay as per
this policy.
11.3 In the event of the death of a child occurring after a live birth the employee is
entitled to the full maternity leave and pay. If the death of a child should occur
at the end of a maternity leave period, managers may consider
compassionate leave under the Special Leave Policy or normal sickness
arrangements may apply.
12 Pregnancy related sickness absence
12.1 NHS England recognises that pregnancy may cause an employee to be
absent form work more frequently than other employees. The formal process
of triggers and stages set out within th
e Supporting Attendance at Work Policy
should not be followed for pregnancy related illness. These absences will be
recorded o
n ESR and the individual should continue to be monitored through
the maternity risk assessment process, where appropriate and the completed
risk assessment paperwork should be revisited.
12.2 Absence prior to the last 4 weeks before the expected week of childbirth,
supported by a medical statement of incapacity for work, or a self-certificate,
shall be treated as sickness absence in accordance with normal leave
provisions.
12.3 If an employee is off work ill, or becomes ill, with a pregnancy-related illness
during the last 4 weeks before the expected week of childbirth, maternity
leave will normally commence at the beginning of the 4th week before the
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expected week of childbirth or the beginning of the next week after the
employee last worked, whichever is the later.
12.4 Odd days of pregnancy-related illness during this period may be disregarded
if the employee wishes to continue working till the maternity leave start date
previously notified to the employer.
13 Breastfeeding at work
13.1 Employees have the right to flexible working arrangements and access to
appropriate facilities if they wish to express and store breast milk at work.
Breastfeeding employees may also be entitled to paid time off to attend
appointments relating to post-natal care. These matters should be discussed
further with their line manager or HR & OD Shared Service team.
14 Employees not returning to work
14.1 Employees who are not planning to return to work at the end of their maternity
leave and who have completed 12 months continuous service with NHS
England or another NHS employer will be entitled to:-
• 6 weeks at 90% of full pay.
• 33 weeks at standard rate of SMP.
14.2 Employees must resign from their post thus giving up their right to return to
work.
15 Adoption
15.1 Eligibility
15.1.1 To qualify for adoption leave the employee must be the adoptive parent
(regardless of gender) who is “newly matched” with a child. Employees who
are considering surrogate parenting, may be entitled to adoption pay and
leave and should seek advice from their local HR team about their leave
entitlement.
15.2 Adoption Appointments
15.2.1 The main adopter, having been matched with a child, is entitled to take paid
time off for up to five adoption appointments, in connection with the adoption
or contact with the child for up to a maximum of 6.5 hours per appointment.
15.2.2 Where two prospective parents have been notified of a match with a child, the
secondary adopter is entitled to take unpaid time off to attend two adoption
appointments, up to a maximum of 6.5 hours per appointment.
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15.3 Adoption Leave
15.3.1 Employees who have been matched with a child may take up to 52 weeks
adoption leave, and may be entitled to 39 weeks of statutory adoption pay. If a
couple jointly adopt a child, only one parent may take adoption leave, the
other parent may be able to take adoption support leave or shared parental
leave, this includes same sex couples.
15.3.2 Adoption leave is made up of 26 weeks of ordinary adoption leave and 26
weeks of additional adoption leave.
15.3.3 Adoption leave is a “day one” right there is no qualifying period. Adoption
leave may be taken:-
• When a child starts living with the employee or up to 14 days before the
placement date (UK adoptions).
• When an employee has been matched with a child by a UK adoption agency.
• When the child arrives in the UK or within 28 days (overseas adoptions).
• The day the child’s born or the day after (if a surrogate has given birth to the
child).
15.4 Statutory adoption pay (SAP)
15.4.1 SAP is a legal entitlement and is the minimum level of adoption pay due to
employees who meet the necessary requirements of the scheme.
15.4.2 SAP will be paid to employees who have been employed by NHS England for
a minimum of 26 weeks by the week they are matched with a child for
adoption. Employees are entitled to statutory adoption leave with pay if their
earnings are above the NI lower earnings limit.
15.4.3 Employees who meet the criteria above will be entitled to:-
• The first 6 weeks at 90% of average earnings.
• The next 33 weeks the employee are entitled to a lower rate of SAP or 90% of
average weekly earnings whichever is lower.
• 13 weeks unpaid adoption leave.
• This entitlement is 52 weeks in total.
• This entitlement can be taken regardless of whether the employee returns to
work or not.
15.4.4 Statutory Adoption Pay starts when an employee commences adoption leave.
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15.4.5 During the adoption leave period the employee will retain all their contractual
rights except remunerations. Employees will receive their annual increments
and pay awards as if they had been at work.
15.5 Occupational Adoption pay (OAP)
15.5.1 OAP is a contractual benefit, which is paid to employees who have completed
12 months continuous service with the NHS on the date they are matched
with a child for adoption. OAP is paid to employees who wish to return to work
with NHS England or another NHS organisation. OAP operates in conjunction
with SAP and is paid to employee’s working full or part-time.
15.5.2 Employees who meet the criteria above will be entitled to:-
• 8 weeks at full pay less any SAP.
• 18 weeks at half pay plus SAP at the standard rate.
• 13 weeks at SAP only.
• 13 weeks unpaid adoption leave.
• This entitlement is 52 weeks in total.
15.5.3 In cases where full OAP entitlements have been paid, and a decision is made
at the end of the adoption leave not to return to NHS England or another NHS
Employer, within 15 months of commencing adoption leave, the employee will
be liable to refund the whole of the adoption pay less any Statutory Adoption
Pay. NHS England has the discretion to waive this in cases of undue hardship
or distress.
15.6 Adoption Allowance (AA)
15.6.1 Where earnings are too low to qualify for SAP, or the employee does not
qualify for SAP for another reason, the employee may be eligible to claim up
to 39 weeks of AA. AA is a benefit paid by the Department of Work and
Pensions and can be claimed from Job Centre Plus or a local social security
office. Please see the Department for Work and Pensions website for further
informatio
n www.gov.uk.
15.7 Employees not returning to work
15.7.1 Employees not wishing to return to work at the end of the adoption leave and
have worked continuously with NHS England or another NHS employer for 26
weeks on the day they are informed that a child is to be placed with them for
adoption will be entitled to:-
• 6 weeks at 90% of full pay.
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• 33 weeks at the standard rate of SAP.
• 13 weeks unpaid adoption leave.
• This entitlement is 52 weeks in total.
15.7.2 The employee must also resign from their post thus giving up their right to
return to work. Their line manager will need to terminate the individual
using
ESR Manager Self Service .
15.8 Adoption leave and pay process
15.8.1 Employees should give their manager as much notice as possible that they
intend to adopt a child. It is recommended that the employee advises their
manager of their intention to take Adoption Leave when they are approved for
adopting.
15.8.2 Once an employee knows that a child will be placed with them, they should
notify their line manager within 7 days of being notified by the Adoption
Agency unless this is not reasonably practicable. The employee will need to
inform their line manager of the possible dates that the child is to be placed
with them and when they want their adoption leave to start.
15.9 Documentary evidence – adoption leave/pay
15.9.1 Once an application for Adoption Leave has been placed the employee
should provide the following documentary evidence:-
• Approval letter from the Adoption Agency. This will be copied and sent back
with the confirmation letter.
• Confirmation letter from the adoption agency/matching certificates. These will
be copied and sent back to the employee.
•
Maternity Adoption and Related Parental Support Application Form This is the
application the employee needs to complete to commence adoption leave.
Leave can commence from the date of the child’s placement (whether earlier
or later than expected) or from a fixed date which can be up to 14 days before
the expected date of placement.
15.10 Unsuccessful adoption process
15.10.1 If the child’s placement ends during the adoption leave period, the employee
may continue to take adoption leave for a period of one week after the end of
the placement. This may be extended at the discretion of the line manager.
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16 Childcare vouchers
16.1 Employees participating in the childcare voucher scheme prior to starting
maternity or adoption leave, and who wish to carry on doing so, will continue
to receive this benefit throughout their leave.
17 Deductions from salary whilst on maternity or adoption
leave
17.1 Trade union subscriptions, if subscriptions are normally deducted from the
employee’s pay and they wish to continue to subscribe during the period of
unpaid maternity or adoption leave, the employee will need to make their own
individual arrangements direct with their Trade Union.
17.2 Pension contributions, if the employee is a member of the NHS pension
scheme, their contributions will continue to be deducted from their salary
throughout the period of their paid maternity or adoption leave. The employee
will also be eligible to make pension contributions to cover their period of
unpaid maternity or adoption leave. If the employee has any pension queries
they should contact the NHS Pensions website.
17.3 If the employee has salary sacrifice deductions taken from their pay, for
example lease cars or season ticket loans, then they should discuss this with
Payroll.
18 Terms and conditions of employment during maternity
or adoption leave
18.1 During the maternity or adoption leave period the employee will retain all their
contractual rights except remuneration. Employees will receive their annual
increments, pay awards and other benefits as if they had been at work.
19 Annual Leave
19.1 During maternity or adoption leave whether paid or unpaid, the employee will
be entitled to accrue annual leave. Bank Holidays will continue to accrue. The
employee may choose to take annual leave before the start of the leave or
immediately before the return to work.
19.2 It is recommended that employees discuss options for using annual leave with
their line manager before commencing maternity or adoption leave.
19.3 Where the amount of accrued annual leave 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 or adoption leave period. The amount of annual leave to be
taken in this way, or carried over, should be discussed and agreed between
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the employee and employer. Employees who are prevented from taking
planned annual leave immediately prior to the commencement of their
maternity leave because the actual date of childbirth was earlier than the start
date of maternity leave should discuss this further with their line manager.
20 Keeping in touch
20.1 Managers must discuss and agree any voluntary arrangements for keeping in
touch with the employee prior to the commencement of their maternity or
adoption leave. This should include an arrangement which the employee may
find helpful to keep in touch with developments at work, and to facilitate their
return to work such as:-
• Newsletter
• Team briefings
• Vacancy bulletins
• Information on training courses and seminars
• Social or departmental events
• Any other changes to the organisation
20.2 The manager may wish to nominate another member of staff to be the contact
point and carry out these arrangements. The employee must also keep in
touch with their line manager and notify them of any changes in
personal/contact details and developments which may affect their intended
date of return.
20.3 Keeping in touch days (KIT days) are intended to facilitate a smooth return to
work for staff returning from maternity or adoption leave. An employee may
work up to a maximum of 10 keeping in touch days during their leave without
bringing the leave period to an end or affecting their pay. Any days of work will
not extend the maternity or adoption leave period.
20.4 An employee may not work during the two weeks of compulsory maternity
leave immediately after the birth.
20.5 KIT days are mainly used to carry out training, attend events/meetings or any
other activity for the purposes of keeping in touch with the workplace.
20.6 KIT days can either be full or half days and the details should be agreed in
advance with the line manager. Working for part of any day will count as one
day. Employees who work part of the day will be paid for the hours worked.
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20.7 The employee will be paid at their basic daily rate for the hours worked less
appropriate maternity or adoption leave payment. There is no obligation for
the employee to complete KIT days.
20.8 Where an employee is either in receipt of SMP or on ‘no-pay’, the KIT day(s)
will be paid at the daily salary rate.
20.9 KIT days that have been worked should be completed by the line manager
using the
ESR 2 Form. The form should clearly reflect the hours worked to
enable payment for the individual
21 Fixed term contracts
21.1 An employee employed under a fixed-term contract which would normally be
due to expire after the eleventh week before the expected week of childbirth,
will be entitled to have their contract extended so as to allow them to receive
the 52 weeks maternity leave, which includes paid contractual and statutory
maternity pay and the remaining 13 weeks of unpaid maternity leave,
providing they are able to satisfy the following criteria:
a) has 12 months’ continuous service with one or more NHS employers at
the beginning of the 11th week before the expected week of childbirth;
b) notifies their line manager 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):
• of their intention to take maternity leave;
• of the date they wish to start maternity leave;
c) provides a MATB1 Form from her midwife or GP giving the expected
date of childbirth.
21.2 Employees on fixed-term contracts who do not meet the 12 months
continuous service condition may still be entitled to Statutory Maternity or
Adoption Pay.
22 Returning to work
22.1 It is good practice for employees to keep in contact with their line manager
during their period of leave so that they are able to keep up to date with work
and organisational developments. Employees should contact their line
manager a month before the end of their maternity or adoption leave period to
discuss their return to work.
22.2 Unless notified otherwise, NHS England will expect employees to return to
work at the end of their maternity or adoption leave i.e. 52 weeks. If the
employee intends to return to work at the end of their full maternity or
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adoption leave entitlement they are not required to give any further
notification.
22.3 An employee returning from maternity or adoption leave has the right to return
to their role on no less favourable terms.
22.4 If the employee intends to return to work before the end of the full leave
entitlement i.e.52 weeks, they must give their manager at least 8 weeks’
notice. The return to work must be for a minimum of 3 months. Failure to
comply could result in NHS England reclaiming any monies in excess of the
first 6 weeks at 90% of full pay, less any Statutory Maternity or Adoption Pay
the employee may be entitled to.
22.5 Absence due to maternity or adoption leave (paid and unpaid) up to 52 weeks
before a further NHS appointment shall not constitute a break in service.
22.6 Maternity or 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.
22.7 The expectation is that an employee on maternity or adoption leave would
progress through a Knowledge and Skills Framework (KSF)
gateway/increment (in NHS England) on the date that the increment is due, if
concerns have not been raised about the ability to meet their KSF outline prior
to the commencement of maternity or adoption leave. In the event of
performance concerns being raised, individuals should be given reasonable
opportunity and support over a defined period, in accordance with the
Supporting Employee Performance Policy (hyperlink) prior to the
commencement of maternity or adoption leave.
22.8 In all cases, at the earliest opportunity,
an ESR 2 Form should be completed
by the line manager confirming the agreed return to work date.
23 Not returning to work
23.1 If the decision is made at the end of the maternity or adoption leave not to
return to NHS England and the full OMP or OAP entitlement has been paid,
the employee will be liable to refund the whole of the maternity or adoption
pay minus any statutory maternity or adoption pay. NHS England has the
discretion to waive this in cases of undue hardship or distress.
23.2 An exemption to this clause, in line with NHS terms and conditions of service
is:-
• If the employee returns to NHS England for a minimum of three
months or if they take up employment with another NHS employer
within 15 months of the beginning of their maternity or adoption leave,
providing that they send the manager a copy of the letter of
appointment within this timescale. If the employee does not wish to
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return to work they should formally resign thus giving up their right to
return.
24 Flexible working requests
24.1 On return to work after maternity or adoption leave, the employee will resume
the original hours worked, unless through agreement with the line manager a
change of hours or working pattern is in place.
24.2 If the employee wishes to return to work on reduced hours or a different
working pattern, this should be fully discussed and agreed with the line
manager at least one month prior to returning to work. NHS England will offer
employees a post on the same terms and conditions as prior to maternity or
adoption leave, and all requests for a change to those terms and conditions
will be considered in line with service requirements and will be accommodated
if reasonably practicable.
24.3 NHS England is committed to promoting flexible and family friendly working
patterns and if their request is refused the employee will be given a full
explanation.
24.4 If the employee wishes to apply to return to their job on a job-share basis,
they must notify their manager of their request at least three months before
their planned return date. Where the manager agrees that their post is
suitable for job share then arrangements will be made to recruit a suitable job
share partner prior to their return to work. Again, it should be noted that job
share is not an entitlement but is subject to the needs of the service. Please
refer to th
e Flexible W orking Policy.
25 Maternity and adoption support (formerly known as
paternity) leave
25.1 Partners of employees who have newly given birth have the right to leave and
pay following the birth of their child, as does the partner of the main adopter
following the placement of a child. The law generally refers to these rights as
paternity leave and pay, however, in support of eligibility for same sex
partners the term maternity and adoption support leave has been introduced.
25.2 Maternity and adoption support (paternity) leave provides for two weeks leave
at the time of birth or the placement of the child for adoption to the other
parent or adopter, or partner of the pregnant employee, regardless of gender
or nominated carer.
25.3 Employees who are eligible for maternity and adoption support (paternity)
leave will be entitled to receive their normal pay for the two week period.
25.4
A Maternity, Adoption and Parental Leave Application Form. should be
completed and sent to the employee’s line manager for maternity or adoption
support leave.
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26 Parental leave
26.1 Parental leave is available to any employee in NHS England who has
nominated caring responsibility for a child under 18. Parental leave provides
employees with a right to at least 18 weeks’ unpaid leave.
26.2 Parental leave can be taken in blocks or can be added to periods of maternity
or adoption support leave; or maternity or adoption leave. Employees should
submit applications for parental leave to their line managers using the
Maternity Adoption and Related Parental Support Application Form
26.3 In order to assist with service delivery employees who are requesting to take
less than 4 weeks parental leave are required to give 28 days’ notice in writing
to their line manager. Employees who are requesting to take more than 4
weeks parental leave are required to give 2 months’ notice. However NHS
England recognises there will be rare cases where this notice cannot be given
and in these situations employees should give as much notice as is
reasonably practicable and discuss this further with their line manager.
26.4 Upon receipt of the application the line manager and employee must meet to
discuss the leave, cover arrangements, service impact as soon as possible.
26.5 In exceptional circumstances and due to the needs of the service the
employee may be asked to postpone their Parental Leave until a later date.
This would only take place after a discussion between the line manager and
employee. The employee has the option to either withdraw or alter their
application.
26.6 Should they wish to proceed with the full application the leave will not be
postponed for more than 6 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 set time, no more
than 6 months ahead, which best fits the needs of the service and the
employee. If this means that the leave is postponed beyond the 18 year limit
the parent still has a right to take it.
26.7 The line manager must confirm agreement, or the postponement of
arrangements in writing no later than 7 working days after the employees
request to take leave is received. If the request is postponed, the line
manager needs to clearly state the reasons for the postponement.
26.8 When the line manager has made a decision in regards to agreeing or
postponing an individual’s leave request, they need to go to the
ESR Manager
Self Service and update the period of unpaid leave.
26.9 Parental leave cannot be postponed when the employee gives notice to take it
immediately after the time the child is born or is placed with the family for
adoption e.g. the other parent/main carer may be on Maternity
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Leave/Adoption Leave and their partner wishes to utilise Parental Leave at
this time.
26.10 Absence on parental leave will not break continuity of service. During
parental leave the employee will retain their contractual rights, except
remuneration. It is good practice for the line manager (or a nominated deputy)
and employees to maintain contact during the period of parental leave.
27 Shared parental leave and pay
27.1 Since April 2015 an employee eligible for maternity or adoption leave retains
their right to 52 weeks maternity or adoption leave but is able to choose to
share the maternity or adoption leave and pay with their partner if they wish.
The legal entitlement is for the statutory element of maternity or adoption pay
to be ceased; and replaced with Shared Parental Pay (ShPP) where this is
payable.
27.2 To qualify the employee must be entitled to, and have given notice to hold
back their maternity or adoption entitlements and must share the main
responsibility for caring for the child with the child’s other parent, civil partner
or their partner.
27.3 For a parent to be eligible to take Shared Parental Leave from NHS England
they must be an employee of NHS England and they must pass the continuity
of employment test.
27.4 To satisfy the continuity of employment test, the parent must have worked for
NHS England for at least 26 weeks at the end of the 15th week before the
week in which the child is due (or at the week in which an adopter was notified
of having been matched with a child or adoption) and is still employed in the
first week that Shared Parental Leave is to be take.
27.5 The right to shared parental leave applies to all eligible employees in the
United Kingdom.
27.6 However the application of shared parental leave can vary between
employers. Where an NHS England employee is considering taking shared
parental leave with a partner, it is recommended that they consult the Shared
Parental Leave Guidance (hyperlink) and seek advice from their local HR
team at the earliest opportunity.
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28 Roles and responsibilities
28.1 Employees are responsible for:
28.1.1 Employees will comply with this procedure and associated policies.
Specifically this includes:-
• Informing their line manager at an early stage to ensure they have
the appropriate support and guidance.
• Reading the relevant sections of the policy carefully. Additionally,
employees are strongly advised to make an appointment to seek
guidance and support from their local People and Organisation
Development (OD) Advisory team as soon as possible.
• Submitting the relevant documentary evidence to their manager i.e.
MATB1, Placement letter, appointment letter / card etc. within the
appropriate timescales wherever possible.
• Ensuring completion of the maternity/adoption/paternity/parental
leave paperwork within the specified timescales.
• Complying with all health and safety regulations including the
completion of risk assessments.
28.1.2 If an employee has any questions or concerns about these they should raise
these with their manager or local Human Resources representative.
28.2 Line managers are responsible for:
28.2.1 Managers are responsible for complying with this procedure and ensuring
their direct reports also understand and comply with it
28.2.2 There is a requirement for managers to accept corporate responsibility for
NHS England employees and to make every effort to respond positively when
applications from them are received. Specifically this includes:-
• Respecting the employee’s confidentiality at all times.
• Assisting the employee with completion of the
maternity/adoption/related parental support leave paperwork.
• Ensuring the timely completion and submission of appropriate
documents to commence and cease maternity and adoption-related
payments, and where necessary in relation to the payment of
Keeping in touch (KIT) days.
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• Signposting employees to the gov.uk website for further information
on benefits and support.
• Acting in accordance with all health and safety regulations for
pregnant employees or employees who are returning from maternity
leave.
28.3 People and OD Advisory Teams are responsible for:
28.3.1 Support employees and line managers, providing advice on policy and
process matters relating to maternity, adoption and related parental support
leave. Early contact will ensure timely access to appropriate advice and
support.
28.3.2 Provide advice to managers on how to ensure business continuity through
any leave period.
28.4 The Director of People and Organisational Development is
responsible for:
28.4.1 For the effective implementation of this procedure.
29 Further information
29.1
If you require further information please refer to your local People &
Organisational Development Advisory team for further advice.
29.2
Guidance for staff and managers is available via the People pages of the
intranet.
30 Equality impact assessment
30.1
This document forms part of NHS England’s commitment to create a positive
culture of respect for all employees and service users. The intention is to
identify, remove or minimise discriminatory practice in relation to the
protected characteristics (race, disability, gender, sexual orientation, age,
religious or other belief, marriage and civil partnership, gender reassignment
and pregnancy and maternity), as well as to promote positive practice and
value the diversity of all individuals and communities.
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31 Data Protection
31.1 Any processing (i.e. handling or storing etc.) of personal identifiable
information; during the application of this policy; must be compliant with
relevant data protection laws - the Data Protection Act (DPA) 2018 and the
General Data Protection Regulation (GDPR). Please consult NHS England
’s IG
Policy for more information.
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