NOT PROTECTIVELY MARKED

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1 MATERNITY AND FAMILY FRIENDLY STANDARD OPERATING PROCEDURE Page 1 of 49 May 2008

2 : MATERNITY AND FAMILY FRIENDLY STANDARD OPERATING PROCEDURE STANDARD OPERATING PROCEDURE REFERENCE NO. PROTECTIVE MARKING SPONSOR OWNERSHIP HR1:18 SOP Not Protectively Marked Forms Restricted Staff (when completed) HR Director Head of Human Resources START DATE September 2007 REVIEW DATE September 2008 THIS POLICY REPLACES: BTP Maternity Policy HR1:11 VERSION DATE REASON FOR AMENDMENT AMENDED BY 1.2 May 2008 Refer to Summary of Amendments V1.2. HR Policy & Strategy Section Page 2 of 49 May 2008

3 CONTENTS POLICY STATEMENT AIM OVERVIEW SCOPE Equal Opportunities Statement...6 A MATERNITY LEAVE...7 B PATERNITY LEAVE...24 C PARENTAL LEAVE...29 D ADOPTION LEAVE...32 E ALTERNATIVE FERTILITY PROCESSES...42 F TIME OFF FOR DEPENDANTS (EMERGENCY FAMILY LEAVE) AUDIT AND COMPLIANCE RECORD KEEPING AND MONITORING REFERENCES AND LEGISLATION FURTHER INFORMATION Related Policies and Information Guidance and Advice Useful Contacts and Organisations APPENDICES...48 Page 3 of 49 May 2008

4 POLICY STATEMENT Your stake in the future What we want to achieve We want BTP to be an organisation where everyone, at every level, feels free to express their opinion, knowing they will be respected and listened to. When implementing major changes, we aim to consult everyone affected so they feel a real sense of ownership, understand and want to play their own part in achieving our strategic objectives. Making it happen We will keep you fully informed about changes in employment law and about the conditions, benefits and pay deals negotiated on a national basis. We will look for opportunities to simplify and harmonise these; and will fully engage all interested parties as part of this process. Working closely with our staff associations, trade unions and support groups we will foster strong working relationships and partnerships as this is critical to achieving excellent performance through a clear focus on employee involvement, commitment and engagement. In every aspect of your work, we will make sure you know what we expect of you, and what you can expect of us. We aim to have in place working arrangements which match operational needs while demonstrating an understanding of, and respect for, your personal and family life. If you think something is unfair, we will make sure the right procedures are there to help you appeal, or resolve any grievances you may have. We will closely monitor our own performance in all areas of employee relations, and make sure all our policies fully reflect developments in the law or changes in society in general. Where to go for help or advice If you have any questions about this policy and how it affects you, talk to your Human Resources Department or the Employee Relations team at FHQ. The appropriate support group can also help; you can contact them through the Intranet. Page 4 of 49 May 2008

5 1 AIM 1.1 This Standard Operating Procedure (SOP) aims to provide clarity on British Transport Police s (BTP) provisions for employees for maternity, paternity and adoption leave and pay; parental leave, fertility treatment and taking time off to care for dependants (emergency family leave). 1.2 The SOP aims to implement legislative requirements and Police Regulations. New rights were introduced for police officers and police staff with effect from 01 April 2007, details of which are set out in the Work and Families Act Also incorporated are the new agreements for improved benefits that were reached by the Transport Salaried Staff Association (TSSA) on 20 April 2005, which are effective from 01 June 2005, and the Police Negotiating Board (PNB) changes in Circular 06/5. 2 OVERVIEW 2.1 This SOP is designed to help employees who are expecting a baby, planning to adopt a child, undertaking fertility treatment or who already have children or dependants. 2.2 The SOP is divided into six sections for ease of reference. These are: Maternity Leave Paternity Leave Parental Leave Adoption Leave Fertility Treatment Time off for Dependants 2.2 Each section sets out the various criteria surrounding leave and pay entitlements. 3 SCOPE 3.1 This SOP applies to all police officers, Police Community Support Officers (PSCOs) and police staff employed by BTP. This includes employees who are part-time, job-share or on a fixed-term contract. Agency staff are covered by their agencies contractual terms and conditions. 3.2 This SOP applies in England, Scotland and Wales. 3.3 Special constables are entitled to the same maternity, paternity and adoption leave as other employees providing that they meet the eligibility criteria as detailed in this guide. They may also be able to claim time off as a dependant, for fertility Page 5 of 49 May 2008

6 treatment or for parental leave, depending on their circumstances. Maternity, paternity and adoption pay benefits should be sought from their full-time employer. 3.4 Special constables will be required to provide notification of pregnancy, childbirth or adoption and return to work as would other employees to ensure that the appropriate action is taken. 3.5 Employees on employment break who become pregnant are entitled to the same maternity and paternity benefits as employees not taking a break. They are required to comply with and follow this SOP. 3.6 The provisions of the maternity arrangements supersede those of employment break, when the maternity arrangements take effect, the break will be suspended. Recommencement of the employment break is dependent upon further agreement between the employee and BTP. 3.7 The SOP does not form part of the employee s terms and conditions of employment and may be amended from time to time. 3.7 Equal Opportunities Statement All employees have a responsibility to ensure that no unlawful discrimination occurs on the grounds of age, colour, disability, ethnic origin, family commitments, gender, gender dysphoria, marital status marriage or civil partnership, nationality, national origins, political beliefs, race, religion or belief, sexual orientation, trade union activity or any other unacceptable grounds when operating this SOP. Page 6 of 49 May 2008

7 A A1 MATERNITY LEAVE INTRODUCTION A1.1 This section of the SOP is designed to help employees who are expecting a baby or who are considering starting or adding to their family. The criteria required for being eligible for certain maternity pay and leave is explained. Advice is also given on steps the employee needs to take once they become aware of the pregnancy, before they start maternity leave, while they are on maternity leave and the options available to them and the actions they should take when returning to work. Further information is provided for unexpected situations as well as various general issues. A1.2 A pregnant employee s maternity rights and benefits are complex and while BTP has endeavoured to make this guide as comprehensive as possible, it is not possible to cover every eventuality. Further information on individual circumstances should be sought from the Area/Force Headquarters (FHQ) Human Resources (HR) Manager. A1.3 There are two types of maternity benefits; maternity leave and maternity pay, this is further broken down into two categories: Statutory the minimum level provided by statute. Occupational provided by BTP. A1.4 Entitlement to occupational maternity leave and pay is dependent on an individual s length of service. 1 A1.5 BTP endeavours to support all new and expectant mothers throughout their pregnancy and after childbirth. As well as the manager and the Area/FHQ HR Manager, the Wellbeing Team and the Health and Safety (H&S) Manager/Advisor are available to provide confidential guidance and advice to all pregnant employees. A2 GLOSSARY OF MATERNITY RELATED TERMS A2.1 Actual Week of Childbirth the week in which childbirth occurs. A2.2 Additional Maternity Leave (AML) the 26-week period, beginning at the end of ordinary maternity leave. This applies to all employees, regardless of length of service. A2.3 Average Weekly Earnings - this is the eight-week period up to the 15th week before the expected week of confinement (weeks 18 to 25 of pregnancy). 1 Refer to Section A4: Leave Entitlements and Section A6: Pay Entitlements for particulars of eligibility. Page 7 of 49 May 2008

8 A2.4 British Transport Police Occupational Maternity Leave Up to 15-months total leave, available to those employees with more than one-year full service. A2.5 British Transport Police Occupational Maternity Pay (OMP) 13-weeks pay (offset by SMP) payable to those employees with more than one-year full service. A2.6 Childbirth - the live birth of a child or a stillbirth after 24-weeks of pregnancy A2.7 Compulsory Maternity Leave the two-week period directly following childbirth during which the new mother may not return to work. A2.8 Expected Week/Date of Confinement (EWC/EDC) the week or date when childbirth is expected to occur as certified by the MATB1. A2.9 Keeping In Touch Day (KIT) Up to ten days that an employee can use to work for BTP whilst undertaking maternity or adoption leave. A2.10 Maternity Allowance an allowance which is claimed from the Benefits Agency by women who do not qualify for maternity pay. Eligibility is based on National Insurance contributions. Maternity Allowance may be claimed for a maximum of 39 weeks. A2.11 Maternity Certificate (MATB1) a medical certificate issued by a doctor or midwife, confirming pregnancy and the expected week of confinement. A2.12 Maternity Pay Period the 39 -week period, which starts no earlier than the 11th week before the expected week of confinement during which statutory maternity pay or maternity allowance are payable. A2.13 Ordinary Maternity Leave (OML) the 26-week period beginning no later than the day after the birth of the child. All pregnant employees are entitled to this. A2.14 Unpaid Maternity Leave leave period following the 39-weeks paid maternity period. Employee is on additional maternity leave or occupational maternity leave during which they are not paid by BTP. A2.15 Week begins midnight between Saturday and Sunday. However, for the purposes of the maternity pay period, a week is a period of seven days i.e. if maternity pay begins on a Thursday for 39-weeks, it will end on a Thursday 39- weeks later. A3 NOTIFICATION OF PREGNANCY A3.1 The employee should inform their manager and Area/FHQ HR manager as soon as possible that they are pregnant. Early notification is important as it will ensure that a health and safety risk assessment is undertaken at the earliest opportunity possible. Notification should be given by completing and signing the Notification of Pregnancy Form (HR1:18.6). A3.2 Before the end of the Qualifying Week, or as soon as practical afterwards the employee must inform their Area/FHQ HR manager that: Page 8 of 49 May 2008

9 They are pregnant; The expected week of childbirth (EWC), and; The date which they intend to start maternity leave. A3.3 The employee must also provide a certificate from a doctor or midwife (usually a MATB1 form) confirming the EWC. A4 LEAVE ENTITLEMENTS A4.1 Time off for Antenatal Care A4.1.1 All pregnant employees are entitled to a reasonable amount of paid time off work (including travelling time) to attend antenatal care, this is irrespective of length of service or hours of work. Time off for antenatal care is classed as an appointment that an expectant mother has been advised to attend by a General Practitioner (GP), midwife, consultant or other qualified health professional. Time off does not need to be made up. A4.1.2 A4.1.3 A4.1.4 A4.1.5 If antenatal care is advised, then where possible the employee should be flexible by arranging appointments to ensure that absence from duty is kept to a minimum. Pregnant employees should notify their manager of an appointment with as much notice as possible. Employees must complete an Absence Record Form 2 (HR1:5.1) and produce documentation such as written confirmation of the recommendation or an appointment card. Time off for antenatal care should not be refused unreasonably. Managers may also grant reasonable time off work for relaxation classes or physiotherapy treatments, which are recommended by the employee s health professional. The recommendation must be confirmed in writing and an appointment card must be produced. Employees should where possible endeavour to minimise time taken off work. Time off does not need to be made up. A4.2 Compulsory Maternity Leave A4.2.1 A4.2.2 Legislation prohibits female employees from returning to work during the two-week period immediately after the birth of a child. Compulsory maternity leave makes up part of Ordinary Maternity Leave (OML). A4.3 Ordinary and Additional Maternity Leave A4.3.1 Ordinary Maternity Leave (OML); All pregnant employees are entitled to OML regardless of length of service. 2 The Absence Record Form (HR1:5.1) can be found in the Attendance SOP HR1:5. Page 9 of 49 May 2008

10 A4.3.2 A4.3.3 A4.3.4 Additional Maternity Leave (AML); If the employee s expected week of confinement (EWC) starts on or after 01 April 2007 the employee will be entitled to take up to 26-weeks AML immediately following OML. If the employee s EWC started before 01 April 2007 the employee will only qualify for AML if they have been continuously employed by BTP for 26-weeks at the end of the Qualifying Week. AML commences immediately after OML finishes, giving a total of 52-weeks leave. OML can start at any time after the start of the 11th week before the EWC up until the birth of the child. Therefore, OML will ordinarily start anywhere between weeks 29 and 40 of the pregnancy. There are certain exceptions to this (refer to section A5 Starting Maternity Leave). A4.4 BTP Occupational Maternity Leave A4.4.1 A4.4.2 A4.4.3 A4.4.4 A4.4.5 BTP Maternity Scheme entitlements are more generous than statutory entitlements for expectant mothers. Pregnant employees who have a continuous service no less than 52-weeks at the beginning of the 11th week before EWC (week 29 of pregnancy), may commence their maternity leave period six-months prior to EWC (week-14 of pregnancy) and end it no later than 12-months after childbirth. The maximum maternity leave entitlement 3 is 15-months (65 weeks), ending no later than 12-months (52 weeks) after childbirth. Therefore, the earliest a pregnant employee could commence their Occupational Maternity Leave would be six-months (26-weeks) before childbirth. This would allow the employee to return to work nine months (39-weeks) after the EWC. If an employee commenced their Occupational Maternity Leave three months before their EWC, they could return to work twelve months after the EWC (fifteen months leave in total). However, if the employee wished to commence their Occupational Maternity Leave one month before their EWC, their leave would still finish twelve months after the EWC, as this is the maximum length of time that an employee can take Occupational Maternity Leave for after their EWC. This would only entitle the employee to thirteen months off. Refer to Appendix E Maternity Leave Entitlement Scenarios (HR1:18:5) for further information on the maternity leave scenarios detailed in this section. A5 STARTING MATERNITY LEAVE A5.1 Unless the employee is entitled to take BTP Occupational Leave (refer to A4.4 above) or the employee s child is born prematurely before that date, the earliest date an employee can start maternity leave is 11 weeks before the EWC 3 Subject to availability. Page 10 of 49 May 2008

11 A5.2 The employee must notify BTP their intended start date in accordance with paragraph A3.2. BTP will then write to the employee within 28 days to inform them of the date BTP will expect the employee to return to work if they take their full entitlement. A5.3 The employee can postpone their intended start date by informing BTP in writing at least 28 days before the original intended start date, or if that is not possible, as soon as reasonably practicable. A5.4 The employee can bring forward the intended start date by informing BTP at least 28 days before the new start date, or if that is not possible, as soon as reasonably practicable. A5.5 Maternity leave shall start on the earlier of: The employees intended start date (if notified in accordance with this SOP), or; The day after any day on which the employee is absent for a pregnancy related reason during the four weeks before the EWC, or; The day the employee gives birth. A5.6 If the employee is absent for a pregnancy-related reason during the four weeks before the EWC, the employee must let BTP know as soon as possible in writing. Maternity leave will be triggered under paragraph A5.5 unless both parties agree to delay it. A5.7 If the employee gives birth before their maternity leave was due to start, the employee must let BTP know the date of the birth in writing as soon as possible. A5.8 The law prohibits the employee from working during the two weeks following childbirth (refer to A4.2 Compulsory Maternity Leave). A6 PAY ENTITLEMENTS A6.1 Statutory Maternity Pay A6.1.1 A6.1.2 A6.1.3 The amount of Statutory Maternity Pay (SMP) an employee is entitled to is dependent on their length of service. SMP is payable for up to 26-weeks if the employee s EWC starts before 01 April 2007 or 39-weeks if their EWC starts on or after that date. SMP is not ordinarily payable until the 11th week before the EWC. If childbirth occurs before the EWC, then maternity pay will commence on the day following childbirth. An individual s particular entitlements will be comprehensively detailed in the Maternity Leave and Pay Spreadsheet (HR1:18.11) from their Area HR Manager or FHQ equivalent. Page 11 of 49 May 2008

12 A6.1.4 All maternity pay is paid into the employee s bank account on the same date as their salary would have been paid and is subject to standard deductions for tax, National Insurance and pension contributions, unless otherwise stated. A6.2 Eligibility for Statutory Maternity Pay A6.2.1 A6.2.2 A6.2.3 A6.2.4 To be eligible for SMP an employee must: Have continuous service of more than 26-weeks at the end of their Qualifying Week and still be employed during that week. Their average weekly earnings during the eight weeks ending with the Qualifying Week must not be lower than the lower earnings limit for the payment of National Insurance contributions. Provide a doctor or midwife certificate (MATB1) stating their EWC. Have given at least 28 days notice or if that is not possible, as much notice as they can of their intention to take maternity leave. Still be pregnant at the 11th week before EWC or have given birth by that time. Have stopped working. If eligible, an employee is entitled to receive SMP whether they intend to return to work or not. There is no requirement to pay back SMP should an employee not return to work. There are two rates of SMP. The higher rate of 90% of average weekly earnings is payable for the first six weeks, with the lower rate being payable for the remaining 33 weeks if the EWC starts on or after 01 April If an employees EWC starts prior to 01 April 2007, the lower rate is payable for 20 weeks. The current Statutory Maternity Pay rate, effective from the 06 April 2008 is This is a fixed amount and is reviewed annually. A6.3 BTP Occupational Maternity Pay A6.3.1 A6.3.2 A6.3.3 BTP Maternity Scheme entitlements are more generous than statutory entitlements for expectant mothers. PNB Circular 03/1 states that where any period of paid maternity leave coincides with SMP periods, BTP maternity pay will be offset by SMP. Pregnant employees who have a continuous service no less than 52-weeks at the beginning of the 11th week before EWC (week 29 of pregnancy) are entitled to 13 weeks full pay under the BTP Occupational Maternity Pay scheme (OMP), followed by 26-weeks of SMP. Page 12 of 49 May 2008

13 A6.3.4 A6.3.5 BTP OMP is calculated based on the employee s standard weekly earnings at the time of going on maternity leave. An employee who fails to return to work for at least one month after their maternity leave will be required to reimburse 4 BTP the monies paid as BTP OMP. A6.4 Maternity Allowance A6.4.1 A6.4.2 A6.4.3 A6.4.4 A6.4.5 A6.4.6 If a pregnant employee s length of service does not meet the requirements for SMP, i.e. they have less than 26-weeks service by the 15th week before the EWC (week 25 of pregnancy) they may be eligible for Maternity Allowance or income support. Maternity Allowance is paid for a maximum of 39-weeks, and is currently set at per week or 90% of average weekly earnings, whichever is the lesser amount. The earliest that Maternity Allowance can be claimed is 11 weeks before the baby is 11 weeks before the baby is due, and the latest that it can be claimed is the day after the baby is born If a pregnant employee is not entitled to SMP, the HR Department FHQ will supply the employee with a Maternity Allowance Letter (HR1:18.10) explaining why they do not qualify for SMP, along with a SMP1 form and their MATB1 form. The employee must claim Maternity Allowance directly from their local Job Centre Plus. In order to do this they will need the SMP1 form. Employees not eligible for SMP are still required to complete the Notification of Pregnancy Form (HR1:18.6). A6.5 Summary of Entitlements A6.5.1 The summary of entitlements below are for employees whose EWC is on or after 01 April In accordance with the Loans, Advances and Overpayments SOP HR7:2, reference details for which are in Section 7 Further Information. Page 13 of 49 May 2008

14 A7 Reduced Hours Prior to Maternity Leave A7.1 Pregnant employees may apply for reduced working hours during their pregnancy prior to commencing maternity leave, providing that the request complies with the Flexible Working SOP 5 or the Sickness Absence SOP 6. Requests for reduced hours or part time working should be submitted to their manager, detailing the proposed hours and commencement date. A7.2 Where the request for reduced hours or part-time working is supported by a medical certificate signed by a GP or midwife stating that a reduction in duties and/or working hours is necessary for the employee s health and wellbeing and that of the unborn child, there will be no reduction in pay. If the application is not based on medical grounds and/or health and safety grounds, a reduction of hours will also result in a reduction in pay (refer to section A13 Health and Safety). A8 EMPLOYEES STILL SERVING PROBATIONARY PERIODS A8.1 When an employee becomes pregnant whilst serving their probationary period, or where an employee is already pregnant when commencing probation, the probationary period may need to be extended. The extension would only be required to accommodate for any possible absences or temporary duty restrictions that may have an impact upon the employee s ability to complete the competencies required for their particular role. A8.2 In certain cases where the employee s maternity leave period coincides with their probationary period, the A9 CHILDBIRTH A9.1 Premature Births A9.1.1 A9.1.2 In the case of premature a birth, if maternity pay has already begun, then there is no change to the entitlements or start dates. If childbirth occurs before the Expected Date of Childbirth (EDC) and maternity pay has not already commenced then maternity leave and pay will commence on the day after childbirth, provided that the employee meets all the requirements for the entitlements. This will apply even when the baby is prematurely born before the 15 th week before their EWC. A9.2 Multiple Births A9.2.1 In the case of multiple births there is only one entitlement to one period of maternity leave and pay. 5 Terms and Conditions of flexible working are in the Flexible Working SOP HR1:19. 6 Guidelines for reduced hours/duties are part of the Sickness Absence SOP HR1:6. Page 14 of 49 May 2008

15 A9.3 Miscarriage and Stillbirth A9.3.1 A9.3.2 A9.3.3 A9.3.4 If an employee suffers a stillbirth after 24-weeks of pregnancy, it is deemed as childbirth; therefore they will have the right to maternity leave and pay in accordance with their length of service. An employee who miscarries before the start of the 25th week of pregnancy will not be entitled to leave or pay under the maternity scheme. They will however be entitled to sick pay and/or compassionate/special leave. This will be granted on the basis of individual circumstances taking into consideration the needs and welfare of the employee and medical opinion. If the baby is born alive but later dies, the employee retains their entitlement to maternity leave and pay under the normal conditions. BTP will offer support to employees in these circumstances. The services of the Employee Wellbeing Team are available for advice and counselling. A10 KEEPING IN TOUCH (KIT) DAYS A10.1 BTP may make reasonable contact with the employee during their period of maternity leave. A10.2 As well as staying in contact with BTP via post or telephone, employees also have the option to return to BTP to complete up to ten days work known as Keeping in Touch Days under their contract of employment whilst they are on maternity leave. The employee is not obliged to undertake any such work during maternity leave. A10.3 When an employee is undertaking a KIT day, they will be able to carry out duties for BTP, for which they will be paid at their standard rate of pay. A10.4 The employee and their manager should agree the work that the employee will complete before they undertake a KIT day. The employee will be able to complete any work that would usually fall under the remit of their position, but may also use KIT days to attend training, conferences etc. A10.5 Any period of working in one day during maternity leave will count for one whole KIT day. For example, if an employee attends BTP for two hours they will have used up one whole KIT day. However, the employee will only be paid for the hours that they have worked. A10.6 The employee will be entitled to count one KIT day for a shift that straddles midnight over two days, providing that the shift would form part of their usual working pattern. Page 15 of 49 May 2008

16 A11 EXPECTED RETURN TO WORK DATE A11.1 Once the employee has provided notification in writing of their intended start date, they shall be sent a letter within 28 days informing them of their expected return date. Unless otherwise indicated, BTP will assume that the employee wishes to take the maximum period of OML, AML and or BTP Occupational Maternity Leave. A11.2 To assist both BTP and the employee, a further letter will be sent to the employee at least 28 days before the end of the OML period asking for confirmation of the child (children s) date of birth and to confirm the return to work date either at the end of OML or AML or another date within these periods. Confirming Return to Work Letter (HR1:18.8) in Appendix H of this SOP should be used for this purpose. The employee should confirm the details received in the letter within 28 days. A11.3 If the employee wishes to return to work earlier than the expected return date they must give BTP prior notice of four weeks (if their EWC commenced prior to 01 April 2007) or eight weeks if their EWC commenced on or after 01 April A11.4 If insufficient notice is given, BTP may postpone the employees return date until four weeks (or eight weeks if appropriate) after the employee gave notice, or to the expected return date if sooner. The employee s return to work cannot be postponed to a date later than the end of the AML period. A12 RETURNING TO WORK A12.1 An employee returning to work from OML is entitled to return to work in the same position they held before commencing leave. A12.2 An employee returning from AML (or who has taken more than 4 weeks of parental leave immediately after OML) will ordinarily return to work in the same position they held before commencing leave, or if this is not reasonably practicable to another suitable and appropriate job on terms and conditions that are not less favourable. A12.3 In the event of re-organisation of the department in which the employee works, they will be treated according to their terms and conditions and will be included in all consultations and plans as though they were not on maternity leave. BTP endeavours to offer any suitable alternative vacancy which is available, under terms and conditions that are not substantially less beneficial than those under which the employee was previously employed. A12.4 Within the first two-weeks of the employee s return to work a meeting between the manager and the employee will take place. This meeting is to facilitate the employee s re-integration into BTP and to conduct a training needs analysis as well as a Health and Safety risk assessment (if appropriate) of the employee s work environment. At this time the manager and the employee should address any issues that the employee may encounter. Page 16 of 49 May 2008

17 A12.5 Part-time and Job-Share Working or Flexible Working A An employee wishing to return to work under different terms and conditions, such as part time, job share or flexible working, should provide notice of this intention in accordance with the notice period stipulated in the terms and conditions of the relevant policy or SOP A request for part-time working, job-share or flexible working should be submitted to the manager, detailing the proposed hours and commencement date. A A Under the Flexible Working Scheme the employee has a right to request a change in their terms and conditions of service, where the change relates to hours of work, times of work and place of work; where the reason for the request is for the care of a child under five or a disabled child under Requests by employees to change their working patterns are dealt with on a case by case basis and in line with the procedure set out in the Flexible Working SOP. A12.6 Employment Break A An eligible employee may apply to take an employment break10 immediately following their maternity leave period should they wish to. However, if the employee resigns while on employment break or fails to return at the end, they will be required to reimburse BTP the full amount of monies paid as BTP Occupational Maternity Pay. 9 A12.7 Parental Leave A An eligible employee may apply to take parental leave immediately following their maternity leave period should they wish to. If the employee resigns while on parental leave or fails to return at the end, they will be required to reimburse BTP the full amount of monies paid as BTP Occupational Maternity Pay 10. Refer to Section C (Parental Leave) for further information. A12.8 Resignation A An expectant mother, who chooses to resign prior to the commencement of maternity leave, is still entitled 11 to SMP, OML and AML. This is provided that the employee: 7 Terms and Conditions of part-time and job-share working are in the Flexible Working SOP HR1:19. 8 There is a statutory right to request flexible working for parents of a child under five or a disabled child under 18 years of age; however all BTP employees can apply for flexible working in accordance with the SOP. 9 The terms and conditions of taking an employment break are in the Flexible Working SOP HR1: Refer to Section A Resignation. 11 Subject to availability. Page 17 of 49 May 2008

18 A A A A The employee should notify their manager as soon as practicably possible of their resignation. The employee then loses the right to return to work and cannot subsequently change their mind. The resignation letter should be forwarded to the Area/FHQ HR Manager to ensure that the appropriate leaving procedures are followed. An employee on maternity leave who is thinking about resigning should contact their Area/FHQ HR Manager to ensure that have considered all the options available to them. An employee who decides to resign while on maternity leave must forward their resignation to their manager as soon as practicably possible, ensuring that they comply with the notice period required as set out in their contract of employment. An employee who fails to return to work for at least one month after maternity leave and who has been paid OMP is required to reimburse 12 BTP the full amount of monies paid as BTP Occupational Maternity Pay. The Maternity Leave and Pay Spreadsheet (HR1:18.11) details the amount of OMP that is to be repaid. A12.9 Overlapping Periods of Maternity Leave A A A Occasionally, two periods of maternity leave overlap or fall close together. If this occurs and the employee wishes to start the second maternity leave period before the first maternity leave period has finished or within one month of the first period being completed, their manager and Area/FHQ HR Manager may allow them to do so on certain provisions: The employee provides notice of their pregnancy and intention to take a second period of maternity leave as defined in Section A3 Notification Process; The employee must complete and sign a new Notification of Pregnancy form (HR1:18.6). f Pregnancy form (HR1:18 The employee will be required to return to work for more than one month following the second maternity period. The Area/FHQ HR Manager may choose to waiver the requirement to return to work for at least one month following the first maternity leave period. 12 In accordance with the Loans, Advances and Overpayments SOP HR7:2, reference details for which are in Section 7 Further Information. Page 18 of 49 May 2008

19 A13 HEALTH AND SAFETY A13.1 On receipt of written notification of pregnancy, the manager is responsible for ensuring that health and safety risk assessment of the employee s duties and working environment is completed, using BTP s risk assessment procedures. A13.2 The risk assessment will be undertaken by the manager or a Health and Safety Manager/Advisor on a regular basis throughout the employee s pregnancy and on their return to work after maternity leave. A13.3 The risk assessment will identify hazards that could be a risk to any new, expectant or breast-feeding mothers, including hours of work, exposure to chemical and biological substances and extreme physical conditions. A13.4 For pregnant employees who are dog handlers, the risk assessment must take into account the following: The employee s ability to care safely for the dog. The associated risks involved in walking, lifting and controlling the dog whilst pregnant. The risks associated with zoonotic disease. A13.5 Once an assessment has been undertaken, BTP will take any necessary action to remedy the risk 13. Adjustments to working conditions/hours of work may be made or alternative work found in order to avoid any risks to the health and safety of the employee or the unborn child. A pregnant police officer or PCSO will automatically assume non-operational duties. If no suitable alternative work can be found, other options such as working from home should be considered with appropriate Health and Safety and advice. If no options are appropriate, as a final resort, BTP can request an employee not to attend work, whilst remaining on full pay. An employee not required to attend work on these grounds is entitled to normal remuneration. An employee will not be entitled to normal remuneration in these circumstances where they have unreasonably refused suitable alternative work. A13.6 The employee is responsible for taking reasonable care of their own health and safety and to bring forth any concerns they have to the attention of their manager immediately. A13.7 Should an employee have any concerns or queries, either work related or personal, during or after their pregnancy the Wellbeing Team or the Health and Safety Manager/Advisor are available to provide any advice. If necessary they will, with the employee s consent, discuss with the manager any adjustments in working conditions or any alterations that are required. 13 Refer to Appendix D: Risk Assessment and Actions Chart. Page 19 of 49 May 2008

20 A13.8 Refer to Appendix P for further information on the stages of risk assessment required for pregnant and breastfeeding employees. A14 BREASTFEEDING AT WORK A14.1 BTP supports new mothers who return to work by endeavouring to provide facilities for breastfeeding or expressing milk and allowing the employee to manage their own breaks with consent from their manager. Suitable breastfeeding facilities should comprise of: A comfortable and relaxed environment. A private place, where the employee will not be disturbed. A place for the employee to sit or lay down. Be conveniently situated in relation to sanitary facilities. A fridge 14 and washing facilities to sterilize any equipment. An electric point. A14.2 Managers and Area/FHQ HR Managers are responsible for ensuring that the employee s needs in regards to breastfeeding or expressing milk are met. This entails consulting the employee on what their requirements may be. A14.3 Prior to a breastfeeding employee returning to work, the manager is required to assess the accessibility of breastfeeding facilities in the workplace for the employee. Upon the employee s return to work and periodically thereafter a risk assessment will be undertaken by the manager of the new mother s work environment. Once an assessment and consultation with the employee has been undertaken, BTP will take any necessary action required to provide suitable breastfeeding facilities for the employee. Adjustments to the work place, location or alternative work may need to be found to accommodate the employee. 14 The fridge provided need not be a separate fridge, however it should no contain any goods or products that may contaminate the breast-milk. Page 20 of 49 May 2008

21 A15 SICKNESS ABSENCE A15.1 Sickness absence in the period prior to the intended start of maternity leave 15 or the period after the intended date of return to work due to pregnancy will be recorded in the normal way and paid in accordance with the Sick Pay Scheme 16. It will not count towards an employee s attendance record provided that medical evidence is produced to support the assertion that the illness is pregnancy related. Maternity leave will commence on the date previously notified or the day following childbirth, whichever is earlier. A15.2 If sickness absence form work within the last four weeks before the EWC is wholly or partly pregnancy related, the employee should notify their manager and the Area/FHQ HR Manager as soon as reasonably practical. Their maternity leave period will then commence on the first day following the first day of sickness absence. The Area/FHQ HR Manager will contact the employee confirming the situation and provide them with updated details of their maternity leave and pay (Sickness Absence from Work Letter HR1:18.13). A15.3 Sickness absence that is not pregnancy related will be recorded in the normal way and will count towards an employee s attendance record. Sick pay will be paid as usual, provided that the employee meets the requirements of the sick pay scheme. Maternity leave will commence on the date previously notified or the day following childbirth, whichever is earlier. A15.4 An employee who is ill during maternity leave is not entitled to sick leave or sick pay until the intended date of return to work. A16 ANNUAL LEAVE AND PUBLIC HOLIDAYS A16.1 During OML and any further period of maternity leave an employee s annual leave entitlement continues to accrue in accordance with their terms and conditions of employment. During unpaid maternity leave, annual leave will continue to accrue provided that the employee returns to work for at least one month 17 provided that in any holiday year affected by additional maternity leave the employee s annual leave entitlement, including bank holidays, will not be less than the statutory minimum required by the Working Time Regulations 1998 (four weeks per year). A16.2 An employee may take annual leave both prior to and following a period of maternity leave. This is provided that their annual leave entitlement for the calendar year is not exceeded and their manager authorises it. 15 Provided that it is before the last four-weeks prior to the EWC. 16 For further information refer to the Sickness Absence SOP, reference details for which are in Section 7 Further Information. 17 Annual leave taken immediately after maternity leave will count as having returned to work, i.e. an employee does not physically have to return to work for this period. Page 21 of 49 May 2008

22 A16.3 An employee is also entitled to receive full Public Holiday leave accumulated during periods of paid and unpaid maternity leave. A17 RECKONING FOR PAY AND PROBATION PURPOSES PROBATION RPOSES A17.1 All absence on maternity leave will count for reckonable service. A17.2 The first 26-weeks of maternity leave is reckonable for incremental pay and leave purposes and for inclusion in any period of probationary service for all employees. A17.3 For pregnant employees with 26-weeks service by the 14th week before the EWC, the 29-weeks of maternity leave following the week of childbirth, which is spent on maternity leave is reckonable for incremental pay and leave purposes and for inclusion in any period of probationary service. A17.4 Any pay rises or increments due during maternity leave will be taken into account in the SMP and OMP calculations and are payable for the whole maternity pay period. A18 PENSION CONTRIBUTIONSS A18.1 Maternity leave will count as pensionable service provided that the employee continues paying pension contributions. A18.2 An employee who is paid SMP and/or OMP will continue to pay pension contributions as they had been while on duty. A18.3 When an employee commences a period of unpaid maternity leave, pension contributions stop being paid. Arrears on contributions will accumulate. Upon resumption of duty the employee will be advised of the amount of arrears and 1.5 times the current contributions are paid until the arrears are paid back in full. A18.4 BTP will continue to pay the employer s portion of the pension contribution for the entire period of maternity leave. A19 HOUSING ALLOWANCE A19.1 Housing allowance for employees on maternity leave will cease to be paid. A19.2 For an employee who is eligible for BTP Occupational Maternity Pay, the housing allowance will be reflected in the calculation of the average weekly earnings. A20 PREGNANT DOG HANDLERS A21.1 A section on pregnant dog handlers is in draft format and will be finalised and included in this SOP during Page 22 of 49 May 2008

23 A22 DOG HANDLERS ALLOWANCE A22.1 Dog Handlers Allowance will continue to be paid through BTP Occupational Maternity Pay for 13 weeks. Page 23 of 49 May 2008

24 B B1 PATERNITY LEAVE STATUTORY PATERNTIY LEAVE BIRTH (SPLB) B1.1 Partners/civil partners or biological fathers of newly born children may be entitled to take SPLB from work to spend time with their families, providing they satisfy the following criteria: They have or expect to have responsibility for the child s upbringing. They are the biological father of the child or the mother s husband or partner/civil partner. They have continuous service of 26-weeks by the end of the week preceeding the 14th week before the baby is due the Expected Week of Confinement (EWC). B1.2 Same sex partners are also entitled to SPLB, as long as they fulfil the above criteria. B1.3 Employee s taking SPLB will be entitled to return to the same job, on the terms and conditions of employment as they had before taking leave. Employees are protected from suffering unfair treatment or dismissal for taking or seeking to take SPLB. B1.4 If the child is stillborn, the employee may still take SPLB if the birth occurs after the 24th week of pregnancy, or if the child is born alive at any point. B2 LEAVE ENTITLEMENTS B2.1 SPLB may be taken either as one full week or two consecutive weeks, not as odd days or two one-week periods. B2.2 SPLB must be taken within 56-days of the birth of the child, or, if the child is born early, up to 56-days after the expected date of birth. B3 PAY ENTITLEMENTS B3.1 To qualify for Statutory Paternity Pay Birth (SPPB) employees need to satisfy the following criteria: Have 26-weeks continuous service by 15th week before the EWC; Page 24 of 49 May 2008

25 Have continuous service from the 15th week up to the child s date of birth; Have the relationship to the child and mother as specified in B1.1 above; In the eight weeks ending with the 15th week before the EWC have average weekly earnings equal to or above the lower earnings limit applying to National Insurance Contributions (NICS). B3.2 The current rate of SPPB effective from 06 April 2008 is per week or 90% of average weekly earnings where the employee earns less than this. B3.3 BTP s Paternity Pay (Birth) entitlements are more generous than the statutory scheme. Employees who qualify for SPPB will be entitled to one weeks leave at full pay and one week paid at the SPPB rate. The enhanced payment of one weeks full pay will be offset by SPPB. B4 NOTIFICATION PROCESS B4.1 Employees must give BTP notice of their intention to take paternity leave in writing by the 15th week before the EWC (week 25 of pregnancy) unless this is not reasonably practicable. B4.2 The employee must inform BTP of: a) The week the child is due; b) When they wish to take the two weeks leave, and; c) The date they wish to start leave. B4.3 In order to do this, employees must complete Appendix N (Family Leave Request Form HR1:18.14). B4.4 The Family Leave Request Form HR1:18.14 should be authorised by the employee s line manager or supervisor, and forwarded on to the Area Commander or Head of Department for authorisation. The form should then be sent to the HR Department for recording on the NSPIS-HR system. B4.4 The form SC3 Becoming a Parent should also be forwarded on to the Area/Force HR Department at least 28 days before the employee wishes their SPP to begin. 18 B4.5 If the baby arrives early, the employee must endeavour to give BTP as much notice as possible about their arrangements for leave. Whenever possible, BTP 18 SC3 Becoming a Parent is available from Page 25 of 49 May 2008

26 will attempt to accommodate the requested leave period for the employee, subject to exigencies of service. B4.6 Employees who do not provide BTP with the correct information by the 15th week before the EWC without a valid reason may lose their paternity leave entitlement. B5 STATUTORY PATERNITY LEAVE ADOPTION (SPLA) B5.1 To qualify for SPLA an employee must: Have or expect to have responsibility for the child s upbringing; Not be taking adoption leave in respect of the child; Have worked continuously for BTP for 26-weeks ending with the week in which the adopter is notified of being matched with a child (this condition is deemed to have been satisfied if it would have been satisfied but for the fact that the child s placement has ended). B5.2 Same sex couples are also entitled to SPLA as long as they fulfil the above criteria. B5.3 Employee s taking SPLA will be entitled to return to the same job, on the terms and conditions of employment as they had before taking leave. Employees are protected from suffering unfair treatment or dismissal for taking or seeking to take paternity leave. B6 LEAVE ENTITLEMENTS B6.1 SPLA may be taken either as one week or two consecutive weeks, not as odd days or two one week periods. B6.2 Employees can choose to start their leave: From the date of the child s placement (whether this is earlier or later than expected), or; From a chosen number of days or weeks after the date of the child s placement (whether this is earlier or later than expected), or; From a chosen date. B6.3 Leave can start on any day of the week on, or following the child s placement but must be completed within 56 days of the child s placement. B7 PAY ENTITLEMENTS B7.1 To qualify for Statutory Paternity Pay Adoption (SPPA) employees need to satisfy the following criteria: Page 26 of 49 May 2008

27 Have 26-weeks continuous service with BTP by the 15th week before the week in which an approved match is made with the child; Have continuous service from the 15th week up until the date of placement. Have the relationship as specified in B5.1 above with the child and the adoptive parent; Have given the required notification; In the eight weeks before the adopter is notified of being matched with a child have average weekly earnings equal to or above the lower earnings limit applying to National Insurance Contributions (NICS). B7.2 The current rate of SPPA is as for SPPB, i.e. effective from 06 April per week or 90% of average weekly earnings where the employee earns less than this. B7.3 BTP s Adoption Support Leave Scheme is more generous than the Statutory Scheme. Employees who qualify for SPPA will be entitled to one weeks leave at full pay and one week paid at the SPPA rate. The enhanced payment of one week at full pay will be offset by SPPA. B8 NOTIFICATION PROCESS B8.1 Employees must give BTP notice of their intention to take SPLA within seven days of the adopter being notified by their adoption agency that they have been matched with a child unless this is not reasonably practicable. B8.2 The employees must inform BTP of: a) When the child is expected to be placed; b) Whether they wish to take one or two weeks leave, and; c) When they want their leave to start. B8.3 In order to do this, employees must complete the Family Leave Request Form HR1: B8.4 Where an employee is entitled to paternity leave and adoption leave, they cannot exercise both rights but may choose to exercise which right is more favourable. B8.5 Employees must give BTP a completed self certificate as evidence of their entitlement to SPPB or SPPA at least 28 days before the date of payment is due to begin. HM Revenue and Customs Form SC3 applies to births, HM Revenue and Customs Form SC4 applies to adoption. Forms are available from the Area/FHQ HR department. B8.6 Liability to pay SPPB or SPPA ceases if: Page 27 of 49 May 2008