Maternity and Paternity Leave policy

©Milton Keynes University Hospital NHS Foundation Trust Maternity and Paternity Leave Policy& Procedure

Source: Human Resources Issue date: February 2014 Document Status: awaiting approval Page 1 of 34 Review date: 02/2017 Document ID: HR014 Version No: 4 P:// Human Resources/Active Policies/Maternity and Paternity Leave Policy & Procedure.doc

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Document No. Version Issue

Date Last Review

Next Review

Impact Assessed Author/Contact Person

HR-GL-14 4.1 02/2014 10/2010 02/2017

Lucretia De Veer Human Resources Advisor

MATERNITY AND PATERNITY LEAVE POLICY AND PROCEDURE

Classification : Policy & Procedure

Authors Name: Lucretia DeVeer

Authors Job Title: HR Advisor

Authors Division: Human Resources

Departments/Groups This Document Applies to: All Employees

Date of Approval: August 2016

Review Date: July 2017

Approval Group: Workforce Board Last Review: 02/2014

Unique Identifier: HR-GL-14 Status: Approved Version No: 4.1 Scope: All Employees, including Bank, Agency & Contractors To be read in conjunction with the following documents: Flexible working Policy CQC Fundamental Standard: Required CQC evidence:



Approved By: Board of Directors LNC JCNC

For use in (clinical area)

Trustwide

For use by (staff groups)

All Staff

For use for Staff All Staff Document Owner: Director of Workforce Document Status: APPROVED

Document History Version Date Author Reason 1.0 July 2004 Assistant Director

of Human Resources

Review – Guidance Notes 23 – Maternity Leave

2.0 November 2007 Assistant Director of Human Resources

Amendment to section 5.5

3.0 November 2008 Chanelle Wilkinson Review and updated 3.0 October 2010 Wendy Bowes,

Deputy Director of Human Resources

Amendment to monitoring arrangement. Document updated and review date amended.

4.0 January 2014 Lucretia De Veer HR Adviser

Amendment to ensure compliance with 3 April 2011 Paternity Rights and to change the name of the document to reflect this.

4.1 August 2016 Afusat Abdulkadir-Ayo, HR Business Partner

Amendment to section 9.4 to reflect changes to bank holiday entitlement whilst on maternity leave

Consultation History You must ensure your policy has appropriate consultation or it will not be approved Stakeholders Name

Area of Expertise

Date Sent

Date Received

Comments Changes Made

Policy Review Group

Sub JCNC 14/11/2013

14/11/2013

agreed agreed

JCNC Staff side and Management

06 Feb 2014

06 Feb 2014

agreed agreed

JCNC Staff side and Management

May 2016 May 2016 agreed agreed



Contents 1.0 Introduction 6 2.0 Scope 6 3.0 Roles and Responsibilities

6

3.1 Managers 6 3.2 Employees 6 3.3 Human Resources 7 4.0 Entitlement to Maternity Leave

7

4.1 All Female Employees are entitled to 52 Weeks Maternity Leave 7 4.2 Continuous Service 7 4.3 Conditions Upon Which Maternity Leave Pay is Granted 7 4.4 Confirming Maternity Leave and Pay 8 4.5 Changing the Maternity Leave Start date 8 5.0 Maternity Leave and Pay Entitlements

8

5.1 For Employees intending to return to work 8 5.1a Ordinary Maternity Leave 8 5.1b Ordinary/Additional Maternity Leave 8 5.1c NHS Contractual Maternity Leave 9 5.2 For employees not intending to return to work 9 5.3 For employees who are unsure about returning to work 9 5.4 Maternity Allowance 10 5.5 Failure to Return to Work 10 5.6 Time Off for Antenatal Care 10 5.7 Post-natal Care and Breastfeeding Mothers 10 6.0 Timing of Maternity Leave

10

6.1 Date of Commencement of Maternity Leave 10 6.2 Inability to Fulfil Duties 11 6.3 Premature Birth 11 6.4 Still Birth 11 6.5 Miscarriage 11 7.0 Sickness and Health & Safety

11

7.1 Sickness Prior to Childbirth 11 7.2 Sickness during Maternity Leave 11 7.3 Sickness Following the End of Maternity Leave 12 7.4 Health and Safety of Employees Pre and Post Birth 12 8.0 Return to Work

12

8.1 Return to Work after Maternity Leave 12 8.2 Returning on Flexible Working Arrangements 13 8.3 Keeping in Touch 13 8.3.1 Keep in Touch (KIT) Days 13 9.0 Miscellaneous Provisions

13

9.1 Employees on Fixed-Term or Training Contracts 13 9.2 Rotational Training Contracts 14 9.3 Contractual Rights 14 9.4 Annual Leave /Bank Holidays 14



9.5 Increments and Pay Awards 14

9.6 Pension Scheme 14 10.0 Retaining Reasonable Contact

15

11.0 Paternity Leave

15

11.1 Introduction 15 12.0 Roles and Responsibilities

15

12.1 Managers 15

12.2 Employees 16 13.0 Eligibility to Paternity rights 16

13.1 Paternity leave 16

13.2 Paternity pay 16 14.0 Rights during and after paternity leave

16

14.1 Additional Paternity Leave (APL) 16

14.2 Applying for Additional Paternity leave 17

14.3 Employment Terms and Conditions during Paternity Leave 17 15.0 Keeping in touch Days 17 16.0 Returning to work after Paternity Leave 18 17.0 Giving notice to return to work 18 18.0 Sickness after Paternity Leave 18 19.0 Flexible working 18/19 Attachments

Appendix:1 Maternity Risk Assessment Form 20

Appendix:2 Maternity Leave/Pay Application Form 25

Appendix:3 Acknowledgement and Notification of Maternity Leave Template Letter –Return to work

27

Appendix:4 Application for Additional Paternity Leave (BIRTH) 28 Questions and Answers 29 20.0 Training Requirement 31 21.0 Audit and Monitoring 31 22.0 Statement of Evidence/References 31 23.0 Equality Impact Assessment 32 24.0 Standards for Better Care 33 25.0 Dissemination of Document 34 26.0 Overall Responsibility for the Document 34



GLOSSARY

Summary of abbreviations and terminology used in this document and associated Documents:- EDC - Expected date of childbirth MAT B - Maternity certificate confirming expected date of childbirth (available from GP or

midwife around 20th week of pregnancy) OMP- Occupational Maternity Pay SMP- Statutory Maternity Pay MA - Maternity Allowance (paid by Dept of Work & Pensions) OML - Ordinary Maternity Leave (first 26 weeks) AML - Additional Maternity Leave (further 26 weeks) PL - Paternity Leave (2 weeks) SPP - Statutory Paternity Pay APL - Additional Paternity Leave (from 3rd April 2011) ASPL- Additional Statutory Paternity Pay (from 3rd April 2011)



1.0 Introduction The maternity leave agreement is complex and has been subjected to frequent change. This policy is intended to provide guidance for managers and employees regarding the application of Section 15 of the NHS Terms and Conditions of Service Handbook.

2.0 Scope of document The policy and procedure aims to inform employees of their rights and obligations with regard to their pregnancy and maternity leave. It also provides managers with the necessary information about the Trust’s obligations to enable them to address relevant issues relating to maternity leave. As necessary, managers should seek additional advice from their designated Human Resources Advisor as to the interpretation of the agreement. This policy does not cover bank workers.

3.0 Roles and responsibilities 3.1 Managers

It is the responsibility of managers to: • ensure that pregnant employees are provided with full details of their maternity leave

options and that the implications of those options are fully understood;

• arrange a maternity interview between their designated Human Resources Advisor and the pregnant employee;

• ensure that a Maternity Risk Assessment is carried out in consultation with the employee

(Appendix 1), and appropriate action is taken as necessary (see paragraph 7.4);

• ensure a Maternity Leave/Pay Application Form, (Appendix 2) MAT B1 and B Form are sent to Payroll within the specific timescales outlined in this policy;

• provide written confirmation to the employee of her maternity entitlements/details;

• make suitable arrangements for the employee’s return to work; and

• take action should the employee not return from maternity leave as agreed.

3.2 Employees

It is the responsibility of employees to: • Inform their manager in writing that they are pregnant, have given birth in the last 6 months

or is breastfeeding;

• Attend a maternity interview with their department’s designated Human Resources Advisor;

• Adhere to the specific notification timescales and conditions outlined in this policy in relation to their maternity leave and pay; and

• Provide reasonable notice to their manager for antenatal appointments.



3.3 Human Resources

It is the responsibility of the Human Resources Department to:

• be responsible for the implementation, monitoring and review of this policy;

• provide a maternity interview to the employee on their / their manager’s request; and to

• send appropriate information to the manager following a maternity interview. 4.0 Entitlement to Maternity Leave 4.1 All female employees are entitled to 52 weeks maternity leave The length of maternity leave which may be taken and whether it is paid or unpaid will vary according to the length of service and other factors set out in the guidance below. 4.2 Continuous Service In reckoning the continuous service of an employee who applies to take maternity leave, periods of service with NHS employers including Health Authorities, NHS Boards, NHS Trusts, Primary Care Trusts and the Northern Ireland Health Service will be counted, provided that there are no breaks in service of 3 calendar months or more. There are certain situations whereby breaks in service will be disregarded, though not counted as service, for further information regarding continuous service contact your designated Human Resources Advisor. 4.3 Conditions upon which Maternity Leave with Pay is granted An employee working full-time or part-time will be entitled to paid and unpaid maternity leave under the NHS contractual maternity pay scheme subject to the following conditions:

• She has 12 months continuous service (see above) with one or more NHS employers at the beginning of the 11th week before the expected week of childbirth.

• She forwards a completed Maternity Leave/Pay Application Form (Appendix 2) to her

manager 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) to confirm:

her intention to take maternity leave;

• the date she wishes to start her maternity leave;

• that she intends to return to work with the Trust or another NHS employer for a minimum period of three months after her maternity leave has ended.

or • the date she wishes to terminate her contract of employment if she does not intend to return

to work;

• and also provides a MATB1 form from her midwife or GP giving the expected date of childbirth.



4.4 Confirming Maternity Leave and Pay Following completion of the Maternity Leave/Pay Application Form, the manager should confirm to the employee in writing (Appendix: 3)

• The employee’s paid and unpaid leave entitlements;

• The employee’s expected return to work date;

• The length of any period of accrued annual leave which has been agreed may be taken following the end of the formal maternity leave period; and

• The need for the employee to give at least 8 weeks written notice if she wishes to return to

work before the expected return date.

• The manager must also complete and forward a B Form to Payroll to confirm the employee’s maternity start date together with the Maternity Leave / Pay Application Form and MAT B1.

• The manager should ensure a copy of all documentation is retained on the employee’s

personal file for three years after the end of the tax year in which the maternity period ends. 4.5 Changing the Maternity Leave Start Date If the employee subsequently wants to change her maternity leave start date she should notify her manager at least 28 days beforehand (or if this is not possible, as soon as is reasonably practicable). 5.0 Maternity Leave and Pay Entitlements 5.1 For employees intending to return to work 5.1a Ordinary Maternity Leave Employees who will have completed less than 12 months continuous service (see section 4.2) with one or more NHS employers at the beginning of the 11th week before the expected week of childbirth and less than 26 weeks service at Milton Keynes Hospital NHS Foundation Trust as of the 15th week before the Expected Week of Childbirth (EWC) may take unpaid maternity leave for a period not exceeding 52 weeks. (The employee may however be entitled to Statutory Maternity Pay (SMP) / Ordinary/Additional Maternity Leave – see paragraph 5.1b). 5.1b Ordinary/Additional Maternity Leave Employees with 26 weeks continuous service with Milton Keynes Hospital NHS Foundation Trust at the 15th week before the expected week of childbirth may be eligible for Statutory Maternity Pay (SMP):

• For the first 6 weeks: 90% of the employee’s average weekly earnings

• For the next 33 weeks: flat rate SMP, or 90% of average weekly earnings if lower



• Up to a further 13 weeks additional unpaid leave In order to qualify for SMP, employees must have average weekly earnings in the 8 weeks up to and including the qualifying week of at least equal to the Lower Earnings limit for National Insurance Contributions. If an employee is not eligible for SMP, they may be eligible to claim Maternity Allowance. 5.1c NHS Contractual Maternity Leave Employees who will have completed 12 months continuous service (see above) with one or more NHS employers at the beginning of the 11th week before the expected week of childbirth and have 26 weeks service at Milton Keynes Hospital NHS Foundation Trust as of the 15th week before the EWC are entitled to:

• For the first 8 weeks: full pay which contains any SMP/ Maternity Allowance receivable

• For the next 18 weeks: half of full pay plus any SMP/ Maternity Allowance receivable (Subject to a maximum of full pay)

• For the next 13 weeks: Any SMP/Maternity Allowance receivable

• Up to a further 13 weeks additional unpaid leave For those employees who have completed 12 months continuous NHS service but not 26 weeks service at Milton Keynes Hospital NHS Foundation Trust at the 15th week before the EWC, the above option applies but the individual will not qualify for SMP. Payment of contractual maternity pay is subject to the employee returning to work with the same or another NHS employer for a minimum period of 3 months after her maternity leave has ended. Maternity pay is calculated on the basis of the average weekly earnings rules used for calculating SMP entitlements. In the case of an employee on unpaid or half paid sick absence during the calculating period in accordance with the earnings rules for SMP purposes, average weekly earnings for the period of sick absence shall be calculated on the basis of notional full sick pay. 5.2 For employees not intending to return to work Payment of contractual maternity pay is subject to the employee returning to work with the same or another NHS employer for a minimum period of 3 months after her maternity leave has ended. If an employee is not intending to return to work, she may be entitled to SMP as outlined in paragraph 5.1b. 5.3 For employees who are unsure about returning to work If an employee is unsure whether she will be returning to work with the same or another NHS employer for a minimum period of 3 months after her maternity leave has ended, she is entitled to choose to defer her maternity pay. This allows the employee the difference between what the employee would have been paid had she been returning to work and the pay she received, which was as if she was terminating her employment.



5.4 Maternity Allowance Employees who have less than 26 weeks continuous service at the 15th week prior to the expected week of childbirth, or do not have earnings equal to the lower earnings limit, may be entitled to Maternity Allowance. The Payroll Department (sbs) will complete an SMP1 Form and forward this to the employee together with her MAT B1 Form so she can apply for Maternity Allowance from the Job Centre Plus Office. 5.5 Failure to Return to Work If an employee has notified her employer of her intention to return to work for the same or a different NHS employer in accordance with paragraph 4.3 above, and 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 SMP or Maternity Allowance received. Only where undue hardship or distress may be caused by the enforcement of the requirement for repayment, the Director of Human Resources has the discretion to waive their right to recover the money. In the event of this situation arising, the manager should consult their designated Human Resources Advisor. 5.6 Time Off for Antenatal Care Pregnant employees have the right to paid time off for antenatal care made on the advice of a registered Medical Practitioner, Midwife or Health Visitor. Antenatal care may include relaxation and parent craft classes as well as appointments for antenatal care. Employees must provide reasonable notice to their manager for antenatal appointments. Except for the first appointment, the employee may be required to show the employer, if requested, a certificate from a registered Medical Practitioner, Midwife or Health Visitor, confirming the pregnancy together with an appointment card or some other document showing that an appointment has been made. If employees work part-time or shifts, where possible, employees should try to book appointments before or after they are due to start work. 5.7 Post-natal Care and Breastfeeding Mothers Women who have recently given birth should be permitted to take paid time off for postnatal care e.g. attendance at Health Clinics. Employees who are breastfeeding should have suitable rest facilities including access to a private room to express and store milk. 6.0 Timing of Maternity Leave 6.1 Date of Commencement of Maternity Leave An employee may begin her maternity leave any time from 11 weeks before the beginning of the week when her baby is due, provided she gives the required notice. An employee wishing to work beyond the 4th week before the expected week of childbirth or up to the expected week of childbirth if they are fit to do so. It should be noted that a statutory minimum period of 2 weeks maternity leave after childbirth must be taken.



6.2 Inability to Fulfil Duties If prior to the 4th week before the expected week of childbirth 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, but is not advised to refrain from work, her work should be adjusted to remove the risk. If this is not practicable, the employer should provide suitable alternative work for which the employee will receive her normal rate of pay. Where it is not reasonably practicable to offer suitable alternative work the employee should be suspended on full pay until the commencement of her maternity leave period. 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 fourth week before the expected week of childbirth or the beginning of the next week after the employee last worked, whichever is later. 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 the normal leave provisions. 6.3 Premature Birth 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. If the employee has been 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 2 weeks leave immediately after childbirth and the rest of her leave following her baby’s discharge from hospital. 6.4 Still Birth In the event of still birth after the 24th week of pregnancy, the employee will be entitled to the same amount of maternity pay and leave entitlements as if the birth had been live. 6.5 Miscarriage Where an employee has a miscarriage before the 25th week of pregnancy normal sick leave provisions will apply as necessary. 7.0 Sickness and Health & Safety 7.1 Sickness Prior to Childbirth 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 fourth week before the expected week of childbirth or the beginning of the next week after the employee last worked, whichever is later. 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 the normal leave provisions. Odd days of pregnancy related illness during this period may be disregarded if the employee wishes to continue working until the maternity leave start date previously notified to the employer. 7.2 Sickness during Maternity Leave Sick leave is not payable during the period from the beginning of maternity leave until:



• The date the employee has notified her employer that she will return to work following childbirth, or

• Where no date has been notified or agreed, the first day following the maximum period of

maternity leave to which the employee is entitled. 7.3 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. 7.4 Health and Safety of Employees Pre and Post Birth An employee must inform her employer in writing that she is pregnant, has given birth in the last 6 months or is breastfeeding. Her employer can ask for written medical evidence to confirm this and the employee has to provide it. The reason for this is so that employers can carry out a specific risk assessment for the woman concerned. Where an employee has informed her employer that she is pregnant, has given birth within the last 6 months or is breastfeeding, the employer should carry out a risk assessment of her working conditions (Appendix 1). The risk assessment should be carried out in consultation with the employee. The specific requirement to assess the risks to new and expectant mothers is brought about by the Management of Health & Safety at Work Regulations 1999. If it is found, or a medical practitioner considers, that an employee or her child would be at risk if she were to continue with her normal duties, her work should be adjusted to remove the risk. If this is not practicable, the employer should provide suitable alternative work for which the employee will receive her normal rate of pay. Where it is not reasonably practicable to offer suitable alternative work the employee should be suspended on full pay. These provisions also apply to an employee who is breastfeeding if it is found that her normal duties would prevent her from successfully breastfeeding her child. Where a new or expectant mother works at night and her medical practitioner or registered midwife has issued a certificate to confirm that for her or her child’s health and safety she should not be at work during her working hours, the employer must offer her suitable alternative day work. If that is not possible, the employee should be suspended from work on full pay for as long as is necessary to protect her and her child. 8.0 Return to Work 8.1 Return to Work after Maternity Leave An employee who intends to return to work at the end of her full maternity leave will not be required to give any further notification to the employer. Full maternity leave is 26 weeks (ordinary maternity leave) plus a further 26 weeks additional maternity leave for all employees. If an employee wishes to return earlier than her entitled period of maternity leave (see above), she must give at least 8 weeks’ notice.



Following maternity leave, an employee has the right to return to her job under her original contract and on no less favourable terms and conditions, unless a redundancy situation has arisen during the absence period, in which case the Trust’s Policy ‘Staff Affected by Organisational Change’ will be applied. Managers should ensure a B Form has been completed and forwarded to Human Resources/ Payroll to confirm an employee’s return from maternity leave. Should an individual return on a zero hour contract, the individual will need to work regular hours on a weekly basis for a minimum 3 month period to prevent her being liable to refund the whole of her maternity pay, less any SMP or Maternity Allowance received. 8.2 Returning on Flexible Working Arrangements If at the end of maternity leave the employee wishes to return to work on different hours the Manager has a duty to consider and facilitate this wherever possible, with the employee returning to work on different hours in the same job. If this is not possible the manager must provide written, objectively justifiable reasons for this and the employee should return to the same grade and work of a similar nature and status to that which they held prior to their maternity absence. 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. Please refer to the Trust’s Flexible Working Policy for further details on Flexible Working. 8.3 Keeping in Touch Before commencing maternity leave, the manager and employee should discuss and agree any voluntary arrangements for keeping in touch during the employee’s maternity leave. This may include the manager advising on developments at work, facilitating the return to work; and the employee advising of any developments that may affect their date of return. 8.3.1 Keep in Touch (KIT) Days Employees can undertake up to 10 days work without losing statutory payments for the week in which the work is done, and without bringing the employee’s maternity leave to an end. The basis on which KIT Days are worked is by agreement between the manager and employee, and the amount the individual will be paid for in a week in excess of the SMP rate to reflect the additional work done, will be agreed between the manager and employee. 9.0 Miscellaneous Provisions 9.1 Employees on Fixed-Term 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 set out in paragraph 4.3, shall have their contracts extended so as to allow them to receive the 52 weeks maternity leave which includes 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.



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 5.3 will not apply. Employees on fixed-term contracts who do not meet the 12 months continuous service condition set out in paragraph 4.3 above may still be entitled to SMP. Annual leave will continue to accrue during paid and unpaid maternity leave (for the whole 52 weeks). 9.2 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 employee to complete the agreed programme of training. 9.3 Contractual Rights During the paid and unpaid periods of maternity leave, an employee retains all of her contractual rights except remuneration. 9.4 Annual Leave /Bank Holidays Employees will continue to accrue their contractual entitlement to annual leave and general public holiday during paid and unpaid maternity leave. General public holiday entitlement will accrue based on the number of public holidays that fall within the period of maternity leave. This will be pro rata for part time staff. Where the amount of accrued annual leave would exceed the normal 5 days carry over provision (in exceptional circumstances), it may be mutually beneficial for the employee to take annual leave before and/or after the maternity leave period. The amount of annual leave to be taken in this way should be discussed and agreed between the manager and employee. Employees will not lose their entitlement to annual leave if they have more than 5 days or one week maximum of basic contracted hours to carry over to the next leave year. An employee must have given an official return to work date prior to taking any accrued annual leave. This should be agreed with the manager and be subject to the needs of the service. Annual leave cannot be taken during maternity leave i.e. you cannot take annual leave in between paid and unpaid maternity leave. 9.5 Increments and Pay Awards 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. Where a pay award or annual increment is made during the paid maternity leave period, the maternity pay should be increased accordingly. If such a pay award was agreed retrospectively, the maternity pay should be re-calculated on the same basis. 9.6 Pension Scheme Pension rights and contributions shall be dealt with in accordance with the provisions of the NHS Superannuation Regulations.



Contributions towards the NHS Pension Scheme will be deducted whilst an employee is in a paid maternity leave situation. During unpaid maternity leave, contributions will be accrued until the employee returns to work. This means that upon return to work, contributions are then re-paid over the same term as the unpaid leave. Employees who are members of the NHS Pension Scheme are advised to seek advice from the SBS Pensions Team email address: [email protected] 10. 0 Retaining Reasonable Contact Managers must discuss and agree any voluntary arrangements for keeping in touch with the employee, prior to the commencement of maternity leave. This should include any arrangements which the employee may find helpful to keep her in touch with developments at work, and to facilitate her return to work, such as:-

• Departmental Newsletter/Trust wide information • Changes affecting Terms and Conditions • Information on training courses and seminars • Social or departmental events

The manager may wish to nominate another member of staff to be the contact point and carry out these arrangements. The employee must keep her manager in touch with any developments which may affect her intended date of return. 11.0 Paternity Leave 11.1 Introduction Fathers of babies with an expected birth date on or after 3 April 2011 have a new right – to take up to 26 weeks additional paternity leave to look after their new baby. Additional paternity pay may be payable during some or all of additional paternity leave, depending on the length and timing of the leave. Therefore there are now two types of paternity leave and pay available to fathers –

• One or two weeks’ ordinary paternity leave when their baby is born, • And the new additional paternity leave, which can be taken only if the baby’s mother has

returned to work from maternity leave. 12.0 Roles and Responsibilities 12.1 Managers It is the responsibility of managers to:

• Ensure that all employees are provided with full details of the paternity Leave options and that the implications of those options are fully understood.

• Arrange a paternity leave interview between their designated Human Resources Advisor and the employee (father).

• Ensure that the paternity leave application forms are sent to payroll within the specific time scales outlined in the policy.

• Make suitable arrangements for the employee’s return to work.



• Take action should the employee not return from paternity leave as agreed. 12.2 Employees It is the responsibility of employees to:

• Inform their manager in writing that they wish to take paternity leave • Provide the necessary information required as proof that their partner/spouse pregnancy • Attend if required a maternity interview with their department’s designated Human

Resources Advisor • Adhere to the specific notification timescales in relation to paternity leave and pay

13.0 Eligibility to Paternity rights

The main eligibility factors for Ordinary Paternity leave are: • Continuous employment for 26 weeks ending with the fifteenth week before the baby is due • The man must be the baby’s biological father or the partner/husband of the mother • The man has (or expects to have) responsibility for the baby’s upbringing.

For fathers of children due on or after 3 April 2011 further eligibility factors will apply to qualify for Additional Paternity Leave (APL). The entitlement to leave is based on a relationship with the child's mother, so paternity and adoption leave also apply to partnerships of the same sex. 13.1 Paternity leave The maximum duration of the basic statutory leave is two weeks. Paternity leave can start from:

• The date of the baby’s birth or any day of the week following the birth. If the baby is born earlier than expected, then the leave must be completed within the period from the actual date of birth up to 56 days after the first day of the expected week of birth

• Within 56 days of the date of birth of the baby. The employee has an obligation to inform the employer of the intention to take paternity leave by the end of the fifteenth week before the baby is expected. The employee must provide the following details:

• The start date of the leave to be taken • The week the baby is expected • The duration of leave to be taken.

13.2 Paternity pay The rate of Statutory Paternity Pay (SPP) is the same as SMP. However, an employee whose earnings are below the lower earnings limit for National Insurance purposes does not qualify for SPP. Such employees may be entitled to other welfare benefits.

14.0 Rights during and after paternity leave A male employee who qualifies for paternity leave is entitled to:

• Return to the same job • Return to the same terms and conditions of employment. • Not be subjected to a disadvantage, unfair treatment or dismissal.

Qualifying fathers are also entitled to unpaid parental leave and to request flexible working. 14.1 Additional Paternity Leave (APL) APL applies to those employees with a baby due on or after 3 April 2011. For a father to take APL, the mother must have ended her maternity leave. APL must be taken as one



continuous period and must be for full weeks and for a period of between two and 26 weeks. APL may be taken at any time between 20 weeks after the date on which the child was born and the child’s first birthday. Unless there is an agreement to waive the notice requirements APL may not be taken until eight weeks after the date on which the father gives their employer the required notice. If the mother has not taken her full entitlement to statutory maternity pay when she returns to work, the outstanding amount transfers to the father who is taking APL.

14.2 Applying for Additional Paternity leave At the same time, the mother or primary adopter must submit a written and signed declaration form stating:

• his/her name, address and national insurance number;

• the date that he/she intends to return to work;

• that he/she has given notice to his/her employer of returning to work;

• that he/she is entitled to statutory maternity pay, maternity allowance or statutory adoption pay;

• the start date of his/her maternity or adoption pay period;

• confirmation that the employee satisfies the relationship eligibility conditions;

• that he/she consents to the Trust processing the information contained in the declaration

form; and

• that the employee is to his/her knowledge the sole applicant for additional statutory paternity pay and, in the case of a birth child, also that the employee is to his/her knowledge the only person exercising the entitlement to additional paternity leave in respect of the child.

On request by the Trust, the employee must produce the name and business address of the mother’s or primary adopter’s employer and a copy of the child’s birth certificate or, in the case of an adopted child. 14.3 Employment Terms and Conditions during Paternity Leave During Additional Paternity Leave (APL) an employees’ employment terms and conditions are protected. An employee keeps normal employment rights and benefits (excluding wages) throughout the period of Additional Paternity Leave. 15.0 Keeping in touch Days

15.1 During Additional Paternity Leave it is often helpful for an employee to keep in touch with their line. A line manager is entitled to make reasonable contact with an employee during Additional Paternity Leave. This might be to provide updates on any significant changes in the Trust, including any opportunities for promotion or job vacancies.



15.2 An employee can work up to ten days during their Additional Paternity Leave without ending their entitlement to Additional Statutory Paternity Pay or Leave. These keeping in touch days may only be worked if both the employee and their line manager agree.

15.3 Although particularly useful for things such as training or team events, keeping in

touch days may be used for any form of work. They should make it easier for the employee to return to work after their leave. The employee will need to agree with their line manager what work is to be done on keeping in touch days and how much pay they will receive.

15.4 Additional Paternity Leave and Pay period will end if an employee works more than

ten days during Additional Paternity Leave. It will also end if the employee works for another employer who was not employing the employee during either: • the 15th week before the baby was due • the week you received notification of matching for adoption (for UK adoptions)

the week you received official notification (for overseas adoptions. 16.0 Returning to work after Paternity Leave

16.1 When an employee returns to work after 26 weeks or less of Additional Paternity Leave, the employee has a right to the same job and the same terms and conditions as if they hadn’t been away. This protection also applies when an employee takes up to four weeks parental leave and Additional Paternity Leave.

16.2 Where an employee has taken additional paternity leave they should return to the

same job with the same terms and conditions. However, if it is not reasonably practicable a suitable alternative work should be offered. This will be with equivalent employment terms and conditions.

17.0 Giving notice to return to work An employee must tell their line manager the date they expect to return to work when they give notice that they wish to take Additional Paternity Leave. If the employee wishes to return at an earlier date they must give at least eight weeks notice before the new date. If the employee does not give correct notice, the manager can insist they don’t return until the earlier of:

• eight week notice period • Or the original return date

18 .0 Sickness after Paternity Leave If an employee is unable to return to work at the end of their Additional Paternity Leave because of illness, they must inform their manager in the normal way. 19.0 Flexible working If at the end of additional paternity leave the employee wishes to return to work on different hours the manager has a duty to consider and facilitate this wherever possible, with the employee returning to work on different hours in the same job. If this is not possible the manager must provide written, objectively justifiable reasons for this and the employee should return to the same grade and work of a similar nature and status to that which they held prior to their maternity absence.



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 her original contract at the end of the agreed period. Please refer to the Trust’s Flexible Working Policy for further details on Flexible Working.













Appendix 2: Maternity Leave/Pay Application Form Surname...................................... Forename................................ Title: ................... Home Address........................................................................................................... .................................................................................................................................... Base............................................. Dept /Ward Contracted Hours Per Week................. Length of MKFT Service: ........................ Previous NHS/Reckonable Employment: .................................................................. Expected Date of Childbirth: ....................................................................................... Intention Statement Please tick and Complete the applicable statement and sign overleaf:

1. Intention to return to work It is my intention to commence maternity leave on..............and to return after confinement to re-commence duties for a period not less than 3 months. In the event of my failing to return to work for 3 months, I agree that the Trust has the right to recover payments over and above any NHS Contractual Maternity Pay/Statutory Maternity Pay (SMP) due. Please confirm which option you are requesting

• Eligible for NHS Contractual Leave and SMP if eligible

• Eligible for SMP only • Eligible for unpaid Maternity Leave Only

2. Intention not to return to work

I wish to terminate my contract of employment on .................................and hereby claim any NHS Contractual Maternity Pay/Statutory Maternity Pay to which I may be entitled. If you are a member of the NHS Pension Scheme, Please contact the pensions department regarding your pension contributions ( SBS---)

3. Unsure if Returning to work I have chosen to defer my maternity pay. I am /am not* eligible for SMP. If I return to work for a minimum period of 3 months after my maternity leave has ended, I am not* eligible to NHS Contractual Maternity Leave. *Please delete as appropriate Applicant.........................................................................................................



Signed................................................................ Date................................... (Any changes to date specified must be submitted in writing) To Payroll Department Please accept this application form which I have approved and agreed. I enclose a certificate of expected date of childbirth ( MAT B1Form) and a B form Manager’s Name.................................................................................................................... Signed......................................................... Date...................................................... Department........................................................................... Phone Ext: ................. Please note: This form should be completed by the applicant and agreed with their Manager. The Manager should forward the Maternity Leave/Pay Application Form, together with a MAT B1 Form and a B Form to the Payroll Department. The Manager should also forward a copy of the Maternity Leave/Pay Application Form to their designated Human Resources Advisor. If the applicant wishes to return earlier than her entitled period of maternity leave (see Maternity Policy and Procedure), she must give at least 8 weeks’ notice. If employment with the Trust is less than 1 year, a record of the previous NHS/reckonable employment must be provided.



Appendix 3: Acknowledgement and Notification of Maternity Leave Template Letter –Return to work

Date Name Address Dear [name] Confirmation of Return from Maternity Leave Congratulations, and thank you for telling me about your pregnancy and the date that your baby is due. As we discussed I am writing to confirm to your maternity leave and pay. You are eligible for 52 weeks of maternity leave if you choose to take both ordinary and additional maternity leave. Given your chosen start date of {date of start of maternity leave}, your maternity leave will end on [date of end of maternity leave]. You will accrue [insert number of days / hours during whole period of maternity leave] annual leave during your maternity leave, and it has been agreed that you will take this entitlement from {Insert date}. If you want to change the date that your leave starts, you must inform me in writing 28 days before your proposed new maternity leave start date. If you decide to change your return date, you must give me 8 weeks’ notice With regards to your maternity pay you will be entitled to you be to *Statutory Maternity Pay (SMP)/ not entitled to SMP, further details of your maternity will be confirmed by Payroll. I wish you all the best. Yours sincerely {Manager Name} {Job title}



Appendix:4 APPLICATION FOR ADDITIONAL PATERNITY LEAVE

(BIRTH)

NAME OF EMPLOYEE EMPLOYEE NUMBER

JOB TITLE DEPARTMENT

Date of commencement of employment:

I confirm that my wife, partner or civil partner gave birth to a child, or I am the biological father of the child, and I give notice of my intention to take additional paternity leave, and to receive additional statutory paternity pay (if applicable), in respect of that child as follows:

The expected week of childbirth was:

The child’s actual date of birth was:

I wish to start my additional paternity leave on:

I wish to end my additional paternity leave on:

I request additional statutory paternity pay (if applicable) to begin on:-

I declare that I will care for the child during the ASPP period and that the information I have provided is correct.

Signed:-

Dated:-

For Manager to complete, sign and send copy of the application form and B form to payroll/ HR . Keep a copy in employee’s file.

Expected Return to Work:-

Manager’s Signature Date:-



QUESTIONS AND ANSWERS PAY

1. How is my pay calculated? Full pay will be calculated on the basis of your average weekly earnings in accordance with the earnings rule for Statutory Maternity Pay purposes i.e. average earnings over the 8 week period before the 15th week before the week your baby is due to be born. 2. What happens if there is a Pay Award / Annual Increment before or during my Maternity Leave? If a pay award and/or annual increment is payable from any date between the start of the period used to calculate maternity pay and the end of your maternity leave, your maternity pay will be calculated as though the pay award and/or annual increment had effect throughout the entire Statutory Maternity Pay calculation period (even if applied retrospectively). 3. What happens if I am sick during the time period that Maternity Pay is calculated? If you are on unpaid sick absence, or on sick absence attracting half pay during the whole or part of the period used for calculating average weekly earnings, average weekly earnings for the period of sick absence shall be calculated on the basis of full pay. 4. SICKNESS ABSENCE What happens if I am on sick leave during my pregnancy? Sickness which occurs PRIOR to the fourth week before the week your baby is due to be born, will be treated in accordance with the normal provisions for paid sickness absence, regardless of whether the sickness is pregnancy related or not. If you are on sick leave AFTER the fourth week before the week your baby is due to be born and it is:- i) Sickness Unrelated to Pregnancy You will need to submit a medical statement from a Registered Medical Practitioner or a self certificate; you will then continue to receive sick pay up to the date you had agreed maternity leave would commence. ii) Sickness Related to Pregnancy Where you have chosen to work BEYOND the fourth week before the week your baby is due to be born, the day after the first day of sickness absence will automatically trigger the start of your maternity leave. 5. What happens if I am sick when I am due to return to work? Where you submit a medical statement from a Registered Medical Practitioner, or a self certificate (depending on the number of days absence), you will be entitled to sick pay in accordance with the normal sick leave provisions to cover for whichever of the following situations may be appropriate: a) Sickness absence on the date you have notified the Trust you will return to work following the birth of your child.



b) Sickness absence on a date previously agreed between yourself and the Trust that you have agreed to return to work. c) Where no dates have been notified or agreed, sick leave will commence on the first day following the maximum period of maternity leave to which you are entitled. 6. Will I receive Statutory Sick Pay if I am ill during my Maternity Leave? Unfortunately the Trust cannot pay Statutory Sick Pay if you are ill during your maternity leave period as Statutory Maternity Pay supersedes the rate of Statutory Sick Pay. 7. ANNUAL LEAVE AND GENERAL PUBLIC HOLIDAYS 1. Do I accrue annual leave whilst I am on maternity leave? a) Staff intending to return to work Under the Contractual Maternity Leave Scheme you will continue to accrue any annual leave and general public holidays, you would normally be entitled to, during the paid and unpaid period of your maternity leave. This is provided you meet the criteria for contractual maternity leave. • During Ordinary Maternity Leave you will accrue Occupational annual leave. • During Additional Maternity Leave you will accrue statutory annual leave (5.6 weeks leave for a full year). b) Staff not returning to work If you are not returning to work the period of paid maternity leave will count towards the calculation of annual leave and general public holidays you would normally be entitled to. Any outstanding annual leave will extend service, however in normal circumstances you should take the outstanding balance before your maternity pay starts. 2. If I am returning to work in the same leave year when should I take my annual leave? If the date you intend to return to work following your maternity leave is in the same leave year, annual leave should be taken:- i) Before commencing maternity leave e.g. at any time prior to the commencement of your maternity leave ii) Immediately before commencing maternity leave iii) Immediately after maternity leave Every effort should be made to avoid carrying over more than 1 week accrued entitlement into a new annual leave year.



20.0 TRAINING REQUIREMENT Staff should be made aware of this policy through local induction and regular policy updates.

21 .0 AUDIT AND MONITORING CRITERIA Document Audit and Monitoring Table Monitoring requirements:

The usage of this policy is monitored by the Chief Executive Office.

Monitoring Method: The usage of this policy is monitored by the Chief Executive Office. Due to the anonymity of whistle blowing issues, no equality data is monitored. Issues of whistle blowing will be reported to the Trust Board and Quality Committee as appropriate.

22.0 STATEMENT OF EVIDENCE/REFERENCES/ASSOCIATED DOCUMENTATION

• Milton Keynes Hospital (NHS) Foundation Trust, (Current), Disciplinary Policy and Procedure

• Milton Keynes Hospital (NHS) Foundation Trust, (Current), Grievance Procedure • Milton Keynes Hospital (NHS) Foundation Trust, (Current), Counter Fraud and

Corruption Policy • Health Service Circular HSC1999/198: The Public Disclosure Act 1998 - Whistleblowing

in the NHS



23.0 EQUALITY IMPACT ASSESSMENT

Impact

Age

Dis

abili

ty

Rac

e

Gen

der

Rel

igio

n or

B

elie

f

Sexu

al

Orie

ntat

ion

Do different groups have different needs, experiences, issues and priorities in relation to the proposed policy?

N N N N N N

Is there potential for or evidence that the proposed policy will not promote equality of opportunity for all and promote good relations between different groups?

N N N N N N

Is there potential for or evidence that the proposed policy will affect different population groups differently (including possibly discriminating against certain groups)?

N N N N N N

Is there public concern (including media, academic, voluntary or sector specific interest) in potential discrimination against a particular population group or groups?

N N N N N N



24 .0 NHSLA AND CARE QUALITY COMMISSION ESSENTIAL STANDARDS

NHSLA element

Element to be monitored

Lead Tool Frequency Reporting arrangements

Acting on recommendations and Lead(s)

Change in practice and lessons to be shared

Outcome 2.2

Incident Reporting – How staff can raise concerns

Designated Officer

Annual reporting

1 x per year Management Board

Required actions will be identified with a relevant lead and completed in a nominated timeframe.

Required changes to practice will be identified and actioned within a specific time frame. Lessons will be shared with all the relevant stakeholders.

CQC element

Element to be monitored

Lead Tool Frequency Reporting arrangements

Acting on recommendations and Lead(s)

Change in practice and lessons to be shared

Outcome 1

Involvement and information. Staff are able to raise concerns about their workplace or care of patients

Designated Officer

Annual reporting

1 x per year Management Board

Required actions will be identified with a relevant lead and completed in a nominated timeframe.

Required changes to practice will be identified and actioned within a specific time frame. Lessons will be shared with all the relevant stakeholders.

Outcome 7

Safeguarding and Safety. Staff are able to raise any safeguarding concerns that they may have

Outcome 14

Suitability of staffing. Staff are supported in being able to raise concerns



Outcome 17 & 20

Quality and Management. 17. Staff are able to raise complaints and concerns about their workplace or care of patients. Meets 20. Staff are able to raise complaints and concerns about other incidents such as near-misses.

25.0 IMPLEMENTATION AND DISSEMINATION OF THE DOCUMENT

This Policy and Procedure will be placed on the Trust’s Intranet site.

• Homepage of the Trust’s Intranet • Departments • HR • Policies

26.0 OVERALL RESPONSIBILITY FOR THE DOCUMENT The Director of Human Resources has overall responsibility for the review and update of this policy.