Policy: L 4 Leave Policy (Staff) Version: L4/02 Ratified by: Trust Management Team Date ratified: 11 th September 2013 Title of author: Head of HR Consultancy Services Title of responsible Director: Governance Committee: Director of Organisation Development and Workforce Trust Partnership Forum Date issued: 19 th January 2015 Review date: May 2016 Target audience: Disclosure Status: All staff Trust wide B Can be disclosed to patients and the public EIA Implementation Plan Monitoring Plan H:\policies\EIA\ Leave EIA.doc H:\policies\ Implementation plans\ Appended below Other Related Procedure or Documents: Maternity and Adoption Policy (M1); Access to Study Leave (A10); Study and Professional Leave Policy for Consultant and Specialty and Associate Specialist Doctors (S31); Managing Health and Attendance Policy (S8); Flexible Working Patterns Policy (F6); Career Break Scheme Policy (C17); Guidance for Managers on Agenda for Change. West London Mental Health NHS Trust Page 1 of 29
Equality & Diversity statement The Trust strives to ensure its policies are accessible, appropriate and inclusive for all. Therefore all policies will be required to undergo an Equality Impact Assessment and will only be approved once this process has been completed. Sustainable Development Statement The Trust aims to ensure its policies consider and minimise the sustainable development impacts of its activities. All policies are therefore required to undergo a Sustainable Development Impact Assessment to ensure that the financial, environmental and social implications have been considered. Policies will only be approved once this process has been completed. West London Mental Health NHS Trust Page 2 of 29
Policy L4: LEAVE POLICY Version Control Sheet Version Date Title of Author Status Comment S4A/0.01 Dec 09 HR Business Manager S4A/0.02 Jan 10 HR Business Manager S4A/0.03 Mar 10 HR Business Manager S4A/0.04 Apr 10 HR Business Manager L4/01 30 th July 10 HR Business Manager First draft Draft policy reviewed at policy Sub Group Policy Sub Group agree policy to go to Trust Policy Group Final draft submitted to Trust Policy Review Group 6 th April 2010. Policy L4 issued (and Policy S4 Special Leave is withdrawn) New trust wide policy for all leave incorporating Policy S4 - Special Leave policy Consultation ends 28 th May 2010. No comments following consultation. New legislation on paternity leave added. Presented to Policy Review Group 20 th July 2010 approved. L4/02 1 st July 13 Head of HR Consultancy Services L4/02 9 th July 13 Head of HR Consultancy Services L4/02 10 th July 13 L4/02 L4/02 19 th August 13 Feb 14 Head of HR Consultancy Services Head of HR Consultancy Services HR Business Manager Revised Policy Draft policy reviewed at policy Sub Group Draft policy under consultation. Revised policy Minor revisions Key Changes Ordering of the policy to group related issues based on feedback from HR staff Paternity Leave simplified Parental Leave updated and guidance updated to reflect changes in legislation Public Duties updated Information on Maternity Leave and Adoption Leave included Arrangements for buying and selling leave amended. Introduction and Duties sections amended. Cross referencing to other policies expanded. Consultation ends on 2 August 2103. Further information added on Jury Service following consultation. Approved by Trust Partnership Forum. Presented to September TMT Revisions in line with HR restructuring Re-issued 13 Feb 2014 Minor amendments to section 8, reissued 19 Jan 2015 West London Mental Health NHS Trust Page 3 of 29
L4 LEAVE POLICY Content Page No 1. Introduction & Scope 5 2. Definitions 5 3. 3.1 3.2 3.3 3.4 3.5 3.6 3.7 Duties Chief Executive Accountable Director Managers Policy Author Local Policy Leads All Staff HR staff 6 6 7 7 7 7 7 8 4. 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 Annual Leave Notification and Approval Entitlement Carrying leave over Buying or selling annual leave New employees Illness during annual leave Late return from annual leave Termination of employment 8 8 9 9 10 10 11 11 11 5. Religious Holidays 12 6. 6.1 6.2 6.3 Special Leave Eligibility How to apply The Career Break Scheme 12 12 12 13 7. Bereavement/Compassionate Leave 13 8. Carer Leave/Time off for dependants 13 9. Maternity and Adoption Leave 14 10. Paternity (Partner) Leave 15 11. Parental Leave 19 12. Public Duties 21 13. The effect of unpaid leave on terms & conditions of service 22 14. Appeals 23 15. Training 23 16. Recording and monitoring 23 17. Fraud Statement 23 18. Supporting documents 23 19. Acronyms 24 20. Appendices 24 Appendix 1 - Application for Special Leave Appendix 2 - Paternity (Partner) or Parental Leave Application/Notice Form Appendix 3 - Paternity (Partner) Leave Mother s Declaration Appendix 4 Monitoring Template 25 26 28 29 West London Mental Health NHS Trust Page 4 of 29
1. INTRODUCTION AND SCOPE 1.1 The Trust recognises the need for staff to balance work responsibilities with their domestic and family responsibilities and civic duties. The aim of this policy is to offer a range of provisions designed to give practical support to staff to meet these commitments. These are in addition to the provisions outlined in the policies on maternity and adoption and the career break scheme. 1.2 It is the Trust s policy and a statutory requirement, that employees should be given paid annual leave every year. Employees should take the leave to which they are entitled; managers should endeavour to ensure that the workload does not prevent this and also that the needs of the Trust are taken into account. 1.3 This policy is written in accordance with guidelines given in the Agenda for Change: NHS Terms and Conditions Handbook, the Employment Relations Act 1996, 1999 and 2004, the Employment Rights Act 1996, the Equality Act 2010, the Employment Act 2002, the Work and Families Act 2006, the Civil Partnership Act 2004, Paternity and Adoption Leave Regulations 2002, Additional Paternity Leave Regulations 2010 and other legislation current at the date of this policy. 1.4 The policy should be interpreted so that the operational needs of the Trust and the individual needs of staff are balanced, particularly when longer-term special leave is requested. Special Leave will not be authorised where it is considered reasonable for an employee to undertake responsibilities in their own time or use planned annual leave unless the time off is covered by statutory provisions. Advice is available from the HR. 1.5 This policy applies to all Trust staff. 1.6 For disabled staff, leave requirements should be considered with regard to the Trust Policy Managing Health and Attendance (S8) and the requirement to make reasonable adjustments under the Equality Act 2010. 1.7 This policy does not cover study leave for professional and personal development which is covered in detail in the Trusts Policy Access to Study leave (A10). 2. DEFINITIONS For the purpose of this document the following definitions shall apply: 2.1 Employee is anyone in the employment of the Trust. 2.2 Annual Leave is paid time off work granted by the Trust to be used by employees for whatever the employee wishes. 2.3 Religious holidays are days specified for religious observance. West London Mental Health NHS Trust Page 5 of 29
2.4 Special Leave is as any type of leave to which other leave categories such as Sick Leave, Maternity Leave, Carer s Leave, Adoption Leave etc, do not apply. 2.5 Bereavement Leave is paid leave depending on the circumstances authorised following the death of a close family member e.g. child, parent, sibling, spouse/partner, nominated next of kin. 2.6 Compassionate Leave is where there are strong personal reasons, or obligations that require an employee s absence from work to care for others, or to meet individual needs that are significant to the well being of the employee. 2.7 Carer leave/time off for dependents is granted to employees to deal with certain unexpected or sudden emergencies, and to make any necessary longer-term arrangements to provide a compassionate response to immediate needs. 2.8 Maternity Leave is statutory leave of 52 weeks. It is comprised of: 26 weeks of Ordinary Maternity Leave 26 weeks of Additional Maternity Leave Employees do not have to take 52 weeks but must take 2 weeks leave after the child is born. 2.9 Adoption leave is statutory leave of 52 weeks comprised of: 26 weeks of Ordinary Adoption Leave 26 weeks of Additional Adoption Leave 2.10 Parental Leave is for parents to take a period of unpaid leave to care for their child s welfare, for example to; spend more time with their children look at new schools settle children into new childcare arrangements spend more time with family - e.g. visiting grandparents 2.11 Public Duties is for time off work for employees to perform certain public duties as well as their normal annual leave entitlement. 2.12 Career Break is a type of special leave which allows an employee to take an extended period of unpaid leave from work that begins with an intention to resume working at an agreed date in the future. 3. DUTIES 3.1 Chief Executive The Chief Executive is responsible for ensuring that the Leave policy complies with best HR practice and legal and regulatory obligations. In West London Mental Health NHS Trust Page 6 of 29
particular, to ensure the Leave policy is used effectively and consistently across the Trust. 3.2 Accountable Director The Director of Organisation Development and Workforce is responsible for this policy and will have the responsibility for trust wide implementation and compliance. 3.3 Managers Managers will ensure that any issues of leave are resolved promptly and informally where possible. This includes the facilitation of local resolution. Where there are conflicting leave requirements within a department, the manager should consider all requests and make a fair decision, taking account of past and future requirements where appropriate. Supporting documentation may be requested although sensitivity should be applied to the particular circumstances and if appropriate this may be requested at a later date. Where appropriate seek support from their own line manager and HR. Consideration will need to be given to the needs of the service and the number of other staff who are or will be on leave. Unless specified otherwise in this policy (e.g. for extended carer s leave), the line manager approves leave. 3.4 Policy Author The Policy Author is responsible for the development or review of a policy as well as ensuring the implementation and monitoring is communicated effectively throughout the Trust via CSU / Directorate leads and that monitoring arrangements are robust. 3.5 Local Policy Leads Local policy leads are responsible for ensuring policies are communicated and implemented within their CSU / Directorate as well as co-coordinating and systematically filing monitoring reports. Areas of poor performance should be raised at the CSU / Directorate SMT meetings. 3.6 All Staff Ensure that they are aware of the eligibility and notification requirements for the different types of leave before submitting requests to their line managers. Raise matters of concern informally with their manager in the first instance and to allow them an opportunity to resolve such matters. Seek advice from an HR representative if they require clarification on any part of the Leave Policy West London Mental Health NHS Trust Page 7 of 29
3.7 HR Staff To support line managers in the effective, consistent and equitable application of the policy. Recording and Monitoring responsibilities are included in section 16. 4. ANNUAL LEAVE 4.1 Notification and Approval 4.1.1 All annual leave requests must receive prior management approval. Employees wishing to take part of their annual leave entitlement should follow the procedure set out below. Administrative arrangements for requesting leave will vary between staffing groups. 4.1.2 No more than three weeks of annual leave may normally be taken at any one time. Employees wishing to exceed this limit must make their request to management at least 3 months in advance. 4.1.3 All requests for leave should be made at the earliest reasonable opportunity. The manager will consider the application having regard to operational needs and the rules on annual leave. In complex circumstances, HR can be consulted prior to a final decision. 4.1.4 Employees should not commit themselves to any leave plans until they have received confirmation of approval. Reasons must be given if not approved. The Trust takes no responsibility for any holiday deposit paid or other losses incurred resulting from a failure to comply with this aspect of the procedure. 4.1.5 In the event of an employee disputing management s decision, the matter will be referred to the next level of line management for a final decision. 4.1.6 Once approval has been given, it will not normally be withdrawn unless all other alternatives have been considered and discounted. Where possible, the Trust will give employees notice of cancellation of a leave request (by giving notice of at least the same length as the requested holiday period). In exceptional circumstances, the business needs of the Trust could prohibit the possibility of any notice being given and, in these circumstances, the Trust reserves the right to withdraw such approval. The Trust s right to withdraw its approval of leave is subject to the provisions of the Working Time Regulations 1998 ( the Regulations ), amended by the Working Time (Amendment) Regulations 2007, which stipulate that employees must be allowed to take a minimum period of annual leave. Every effort will be made to minimise any inconvenience or hardship for the employee. 4.1.7 If it becomes apparent towards the end of the annual year that employees have not been given the opportunity to take their minimum West London Mental Health NHS Trust Page 8 of 29
statutory entitlement, arrangements will be made to ensure that every employee is given the opportunity to take all their statutory holiday entitlement before the end of the annual leave year. 4.1.8 There may be situations where the Trust will require a member of staff to take leave, for example if the statutory minimum number of days has not been reached. In these circumstances the length of notice should be at least twice the length of the leave to be taken, i.e. 10 days notice to take 5 days leave. 4.1.9 Any employee who takes leave which has not been previously approved will be regarded as taking unauthorised absence and may be subject to disciplinary action, which could result in dismissal. 4.2 Entitlement 4.2.1 Agenda for Change Annual Leave Entitlement (WTE) pro rata for part-time staff. Length of Aggregated NHS Service Annual Leave 1 April to 31 March On appointment 27 days (202.5 hours) After 5 years service 29 days (217.5 hours) After 10 years service 33 days (247.5 hours) General Public (Bank) Holidays calendar year 8 days 8 days 8 days 4.2.2 For employees who work standard shifts other than 7½ hours or irregular shifts, annual leave and bank holiday entitlements should be calculated on an hourly basis. 4.2.3 There will be some years when more (or less) than eight Bank holidays fall within the leave year because one or both of the Bank Holidays over Easter can be in March or April. When this situation arises, the appropriate hours adjustment i.e. plus or minus, must be made. For example, if there are six Bank Holidays in the leave year, the entitlement will be based on the calculation of 6 x 7.5 hours (standard working week) = 45 hours Bank holiday entitlement. 4.2.4 Further guidance on the procedures and calculation of annual leave entitlement can be found in the Guidance for Managers on Agenda for Change in the Organisation Development and Workforce (Policy and Advice) area of The Exchange. 4.2.5 Doctors: The amount of annual leave is defined in the terms and conditions of employment and in the national terms and conditions of service for the grade. See http://bma.org.uk/practical-support-at-work/contracts/leave West London Mental Health NHS Trust Page 9 of 29
4.3 Carrying leave over 4.3.1 The Trust s leave year runs from 1st April to 31st March (medical staff have individual leave years). All annual leave entitlement should be taken within it. No payment in lieu will be made for any leave over the statutory entitlement that has not been taken. Exceptionally, payment may be made in lieu of leave not taken as a direct result of the business needs of the Trust. 4.3.2 The maximum permitted carry over of leave is 5 days or the equivalent in hours (pro rata for part time staff). Carrying over of leave is at the discretion of local line managers who should give staff clear operational reasons if the request is refused. All carried over leave must be taken by the end of June to prevent the accumulation of leave over the summer holiday season and into the end of the leave year. 4.3.3 The arrangements for carrying leave over for staff on maternity and adoption leave are covered in M1 Maternity Policy and Procedure. 4.4 Buying or selling annual leave 4.4.1 Staff may reduce their entitlement by up to an equivalent of one week s basic contracted hours or may increase their entitlement by a maximum of two weeks basic contracted hours, subject to the specified ceilings. If you buy annual leave your salary is reduced by the additional number of days purchased and if you sell annual leave your salary is increased by the number of days sold. This is calculated by dividing the individual s annual salary by 365 and multiplying by the number of days bought or sold. 4.4.2 Payments or deductions for buying and selling annual leave are made monthly. 4.4.3 Further details can be found in the Flexible Working Patterns Policy (F6). 4.5 New employees 4.5.1 When employees join the Trust part way through the leave year, their entitlement to annual leave will be proportionate to the time left in the leave year and will be calculated by HR and included in the contract of employment. 4.5.2 Entitlement in the first year is dependent on the number of complete calendar months worked after the date of joining and before the end of the annual leave year. The Trust will allow employees who commence up to the 7th calendar day in the month to receive the full annual leave entitlement in respect of that calendar month. Employees who join after the 7th calendar day in the month will not receive leave entitlement for this part month. West London Mental Health NHS Trust Page 10 of 29
4.5.3 Every effort will be made to meet commitments to holidays already made. New employees must tell their line manager about pre-arranged leave commitments (or, preferably inform the Trust prior to the commencement of employment). 4.5.4 Where leave arranged prior to commencement with the Trust exceeds the new employee s annual leave entitlement, unpaid leave up to a maximum of 10 days may be granted at the discretion of the new employee s line manager. 4.6 Illness during annual leave 4.6.1 Employees who are ill during a period of annual leave are entitled to treat the days of sickness as days of sickness absence to count against sick pay entitlement. They must follow the normal rules for reporting sickness and provide a doctor s medical certificate, regardless of the length of the absence, from the first day of illness. Days of annual leave lost through sickness may be taken again at a later date subject to management approval. Full details are in the Managing Health and Attendance Policy (S8). 4.7 Late return from annual leave 4.7.1 If, for any reason, employees know that they will be late returning from annual leave, they must contact the Trust to notify their late return as soon as possible. 4.7.2 It is reasonable to expect that employees are able to demonstrate evidence that they had planned to return on the scheduled date (e.g. evidence of travel bookings) and that there were reasons why they could not return (flight delays etc). Failure to contact the Trust or to provide suitable evidence is likely to result in disciplinary action for unauthorised absence and pay could be stopped. Such disciplinary action may include dismissal as unauthorised absence can constitute gross misconduct. 4.8 Termination of employment 4.8.1 If an employee leaves the Trust part way through the annual leave year their leave entitlement will be pro-rata based on the number of completed months of the holiday period. Any periods of agreed carried over leave will be added. 4.8.2 For example an employee who leaves after completing seven full months and has an entitlement of 29 days will receive the following; 29X7/12 = 16.9. Therefore rounding up to the nearest half day the leave entitlement would be 17 days. West London Mental Health NHS Trust Page 11 of 29
4.8.3 Leave requests submitted during the notice period will be approved where possible but it may not be practicable to approve such requests because of the need to complete outstanding work or hand over to a successor. The Trust therefore reserves the right to refuse requests for leave made during the notice period (subject to compliance with the Working Time Regulations). 4.8.4 All annual leave should be taken prior to leaving the Trust unless the new employer agrees to accept it being carried over to them. This arrangement must not attract any cost for the Trust. 4.8.5 The Trust reserves the right to tell the employee to take some or all outstanding accrued holiday entitlement during the notice period. Managers must ensure that payment in lieu of termination is avoided. 4.8.6 Where annual leave taken exceeds the number of days which have been accrued at the date of termination, the Trust will deduct the appropriate sum from the employee s final salary. 4.8.7 The Trust will withhold accrued holiday pay (other than that relating to statutory leave) for employees that leave without giving their full period of contractual notice. 4.8.8 Employees who are dismissed for reasons of gross misconduct will be entitled to receive any outstanding annual leave owed on a pro rata basis up to the date of dismissal. 5. RELIGIOUS HOLIDAYS 5.1 The Trust greatly values the diversity of its workforce and seeks to meet the religious observance requirements of staff. Employees who wish to observe religious holidays, which do not coincide with public holidays, are required to use their annual leave entitlement or take unpaid leave. Employees must give as much notice as possible and every effort will be made to accommodate requests, which will only be refused in exceptional circumstances. 6. SPECIAL LEAVE 6.1 Eligibility Employees do not need to complete a qualifying period of service to be eligible to apply for special leave other than Paternity (Partner) or Parental Leave. In the first year of service, however, the reasonableness of the request will be considered in the context of length of service. 6.2 How to Apply Employees wishing to apply for any type of special leave should make a request to their line manager, on the appropriate form, giving reasons West London Mental Health NHS Trust Page 12 of 29
why the leave is requested and how much leave is required. If the request is urgent and the employee is at home, they should contact the line manager as soon as possible. The Special Leave Application Form (see Appendix 1) should be completed at the time of the request or as soon as possible thereafter. 6.3 The Career Break Scheme The Career Break Scheme is a type of Special leave which allows an employee to take an extended period of unpaid leave from work with the intention to resume working at an agreed date in the future. The scheme also prepares the employee to return to a career with the Trust. The scheme does however, have eligibility requirements that an employee must have one year s continuous service with the Trust with a satisfactory performance and attendance record. For further details please refer to the Trust s Career Break Scheme Policy (C17). 7. BEREAVEMENT/COMPASSIONATE LEAVE 7.1 Up to six days paid leave depending on the circumstances will be authorised following the death of a close family member e.g. child, parent, sibling, spouse/partner, nominated next of kin. It is recognised that staff may have been raised within families that are not blood relatives. In such circumstances consideration will be given for paid time off to be granted. 7.2 In other circumstances (if 7.1 does not apply); reasonable time off (up to one day s paid leave) or flexibility with working patterns may be agreed for attendance at a funeral. up to three days paid leave may be granted if the employee is required to take charge of funeral arrangements or is an executor of the estate. 7.3 Where significant travel is involved, the line manager should use discretion and consider a combination of special leave with/without pay and annual leave, and/ or the rescheduling of shifts. 8. CARER LEAVE/TIME OFF FOR DEPENDANTS 8.1 Time off will be granted to employees to deal with certain unexpected or sudden emergencies, and to make any necessary longer-term arrangements to provide a compassionate response to immediate needs. It is not to be used for having to take time off for known reasons. If longer-term support is required then consideration should be given to flexible working arrangements or a career break. 8.2 A dependant is an employee s husband, wife, partner, child or parent. A dependant may also be someone who reasonably relies on the employee for assistance and support, for example the employee is their primary carer. This includes someone who lives in the same household West London Mental Health NHS Trust Page 13 of 29
but not tenants, boarders or employees such as a live-in housekeeper. 8.3 The time off enables employees to deal with an initial emergency arising from urgent or unforeseen personal or family circumstances. For example: serious illness or injury unexpected disruption or breakdown of normal carer arrangements unexpected and serious incident involving a child during school hours making arrangements for a longer term solution to care problems. 8.4 Leave with pay may be granted by the line manager for one day in the first instance. On review of the circumstances up to a further four days with pay may be granted on any one occasion. Paid leave will not exceed five days in total in any one annual leave year. 8.5 Paid Carer Leave will not be granted for planned domestic, personal or family circumstances, e.g. planned hospital appointments or admissions. Manager should seek advice from HR if required. 8.6 In exceptional circumstances only, with the approval of the Head of Department/Service, up to a further maximum ten days with pay may be granted on any one occasion. Exceptional circumstances may include for example, having to care for a child or adult dependent who is recovering from a serious illness or who is terminally ill. Advice must be sought from HR in these circumstances before approval. Use of remaining annual leave, unpaid leave, flexible working arrangements and/or a career break must be considered. In total paid leave will not exceed 15 days in in any one annual leave year. 8.7 In less serious, but nevertheless urgent and unforeseen circumstances, unpaid special leave may be granted where alternative arrangements for care cannot be made immediately. This will however, only be authorised where the employee does not have reasonable recourse to annual leave or other time owing by the relevant Executive Director. 8.8 Reference should also be made to the Paternity (Partner) and Parental Leave sections of this policy and the Trust s Flexible Working Patterns Policy (F6). 9. MATERNITY AND ADOPTION LEAVE 9.1 The Trust s Maternity and Adoption Policy M1 contains full details of maternity and adoption rights and provisions. The following section covers the leave arrangements only. West London Mental Health NHS Trust Page 14 of 29
9.2 All employees regardless of length of service will be entitled to 52 weeks maternity leave. This includes 26 weeks ordinary maternity leave plus 26 weeks additional maternity leave. Some of this entitlement can be transferred and taken as Additional Paternity Leave 9.3 All employees must take a 2-week period of compulsory maternity leave following childbirth. This is for health and safety reasons. 9.4 Statutory Adoption Leave is 52 weeks. It is comprised of: 26 weeks of Ordinary Adoption Leave 26 weeks of Additional Adoption Leave 9.5 Only one person in a couple can take adoption leave. The other partner could be eligible for Paternity (Partner) Leave (see section 10) and/or some of this entitlement could be taken as Additional Paternity (Partner) Leave. 9.6 The eligibility criteria and entitlements or adoption are similar to Paternity (Partner) Leave and are included in Section 10. There are however exclusions from qualifying for Statutory Adoption Leave or Pay (paid for 39 weeks) if you: arrange a private adoption become a special guardian or kinship carer adopt a stepchild have a child through surrogacy adopt a family member or stepchild 10. PATERNITY (PARTNER) LEAVE 10.1 The Paternity (Partner) Leave arrangements provide time off to enable partners to support and care for the mother and new born child. The provisions also apply in the event of a child being jointly placed with a couple for adoption. There are two types of Paternity (Partner) leave: Ordinary and Additional. 10.2 Eligibility Ordinary Paternity (Partner) Leave Conditions that must be met by the employee Provide the correct notice. 26 weeks continuous service at the end of the 15 th week before the expected week of childbirth or o at the week of notification of a match Additional Paternity (Partner) Leave In addition to the conditions for Ordinary Paternity (Partner) Leave, the employee must satisfy the following conditions Provide the correct notice. The employee must remain in continuous employment with the Trust until the week before the first week of Additional Paternity (Partner) Leave. West London Mental Health NHS Trust Page 15 of 29
for adoption (UK adoptions) or o from the time official notification is provided from a UK authority that an adoption from abroad is approved His/her average weekly earnings for the period of eight weeks ending with the relevant week (for pay only) are not less than the lower earnings limit for national insurance contributions Have or expect to have responsibility for the child s upbringing Be taking time off to look after the child Be the biological father of the child or the mother s husband or partner or civil partner or an adoptive parent who is newly matched with a child The mother must be entitled to one or more of maternity leave, statutory maternity pay or maternity allowance Their partner has at least 2 weeks left of their maternity or adoption pay and their partner signs the relevant HMRC form confirming their maternity or adoption leave or pay is ending For adoption, the primary adopter must be entitled to one or both of adoption leave or statutory adoption pay, and the mother or primary adopter must have returned to work and forfeited a portion of their maternity or adoption leave and statutory maternity pay, maternity allowance or statutory adoption pay. 10.3 Entitlement Ordinary Paternity (Partner) Leave 2 weeks consecutive leave (even if more than one child is born) Leave cannot start before the birth and the start date must be one of the following From the date of the child s birth(or adoption), or From an agreed number of days after the birth From an agreed number of days after the expected week of childbirth For adoption the leave can start Additional Paternity (Partner) Leave 2 to 26 weeks leave provided that the mother has returned to work before using her full entitlement to maternity leave Leave must be taken in a single block in multiples of complete weeks. Leave and/or pay can only start 20 weeks after the birth, adoption or child s arrival in the UK (overseas adoptions). The earliest that Additional Paternity (Partner) Leave can commence is when their partner has at least 2 weeks left of their maternity or adoption pay and their partner signs the relevant form confirming their maternity or adoption leave or pay is ending (see Appendix 3) For adoption, the child s adopter who elected to take adoption leave (the West London Mental Health NHS Trust Page 16 of 29
On the date of placement On an agreed number of days after the placement On the date the child arrives in the UK or an agreed number of days afterwards (overseas adoption Leave must be completed within the first eight weeks (56 days) of the birth of the child (due date if the child is born early) or of the child s placement for adoption. Reasonable time off to attend antenatal classes will also be given. An employee cannot take both Paternity (Partner) Leave and Adoption Leave. Statutory Paternity Pay will be paid for eligible employees (see table at 10.2. Statutory Paternity Pay can only be paid while the employee is on Paternity Leave. Tax and National Insurance will be deducted. Statutory paternity pay is payable whether or not the employee intends to return to work after taking Additional Paternity (Partner) Leave. Pension contributions continue to be made during any period when the employee is receiving statutory paternity pay but not during any period of unpaid leave. Employees still qualify if the child is either still born from 24 weeks of pregnancy or born alive at any point in the pregnancy but later dies. primary adopter ) must have returned to work before using his/her full entitlement to adoption leave. Leave stops on the child s first birthday or 52 weeks after the child begins living with the adopter. An employee cannot take both Additional Paternity (Partner) Leave and Adoption Leave. Any Additional Paternity Leave taken after the end of the mother s statutory maternity pay, maternity allowance or statutory adoption pay period is unpaid. The employee s is entitled to receive all their contractual benefits, (except for salary during unpaid leave). In particular, any benefits in kind will continue and contractual annual leave entitlement continue to accrue. 10.4 Notification Ordinary Paternity (Partner) Leave 10.4.1 Employees must discuss and agree their leave requirements with the line Manager. The Parental/Paternity (Partner) Leave form (Appendix 2) should be completed by the 15 th week before the child is expected or within 7 days of notification of a match for adoption unless otherwise agreed. This form will be taken as confirmation that the employee meets the eligibility requirements for Ordinary Paternity (Partner) leave and includes the following: West London Mental Health NHS Trust Page 17 of 29
The week the baby is due/expected date of adoption placement The period of leave requested Copy of MAT B1/Adoption Matching Certificate When they request their leave to start this can be changed with 28 days notice It is accepted that these dates can be provisional and may be subject to change. 10.4.2 The employee should note whether or not it is their intention to take Additional Paternity (Partner) Leave but this can be confirmed at a later date. 10.4.3 For adoption, the employee must send to HR the HMRC form SC4 for UK adoptions and form SC5 for overseas adoptions (either can be downloaded from http://www.hmrc.gov.uk). For UK adoptions for leave purposes, the form needs to be sent no later than 7 days of their coadopter or partner being matched with a child and for pay 28 days before they want their pay to start. For overseas adoptions the process is explained on form SC5. 10.5 Notification Additional Paternity (Partner) Leave 10.5.1 To request Additional Paternity (Partner) Leave and pay, employees must give 8 weeks written notice of the date they wish to commence. The request form is attached at Appendix 2 to this policy. 10.5.2 At the same time, the mother or primary adopter must submit a written and signed declaration containing the information requested in the form contained in this policy at Appendix 3. 10.5.3 On request, the employee must produce a copy of the child s birth certificate or evidence of the name and address or adoption matching certificate. This must be supplied within 28 days of it being requested. 10.5.4 The employee may ask to bring forward, postpone or cancel their Additional Paternity (Partner) Leave date provided that they advise the Trust in writing at least 6 weeks before the new start date or, if that is not possible, as soon as is reasonably practicable. 10.5.5 The Trust will formally respond in writing to the employee s request within 28 days, confirming the relevant start and end dates of the leave. 10.5.6 Employees are encouraged to take any outstanding annual leave before the commencement of Additional Paternity (Partner) Leave. Employees are reminded that leave must be taken in the year that it is earned and therefore if the leave year is due to end during Additional Paternity (Partner) Leave, the employee should take his/her outstanding entitlement before starting their Additional Paternity (Partner) Leave. West London Mental Health NHS Trust Page 18 of 29
10.6 Contact, Work and Training during Additional Paternity (Partner) Leave 10.6.1 The Trust will discuss arrangements for keeping in touch during leave. This may be to discuss the employee s plans for return to work, any special arrangements or training to ease a return to work, or simply to update the employee on developments at work. 10.6.2 An employee can agree to work for the Trust (or to attend training) for up to 10 days during Additional Paternity (Partner) Leave without ending their Additional Paternity (Partner) Leave and without the loss of a weeks statutory paternity pay. These are known as keeping-in-touch days. Any work carried out on a day shall constitute a day s work for these purposes. 10.6.3 The Trust has no right to require the employee to carry out any work, and the employee has no right to undertake any work, during their Additional Paternity (Partner) Leave period. Any work undertaken is entirely by agreement. Any keeping-in-touch days worked do not extend the period of Additional Paternity (Partner) Leave. Once the keeping-in-touch days have been used, the employee will lose a week s statutory paternity pay for any week in which they worked for the Trust. The Additional Paternity (Partner) Leave may also end. 10.7 Returning to Work After Additional Paternity (Partner) Leave 10.7.1 The employee will have been formally advised in writing of the end date of their Additional Paternity (Partner) Leave. If they are unable to attend work due to sickness or injury, normal arrangements for sickness absence will apply. Late return without prior authorisation will be treated as unauthorised absence. 10.7.2 If the employee does not to return to work after Additional Paternity (Partner) Leave, they must give notice of resignation as soon as possible and in accordance with the terms of their employment contract. If the notice period would expire after the leave has ended, the Trust may require the employee to return to work for the remainder of the notice period. 10.8 Rights on and After Return to Work 10.8.1 On resuming work after both ordinary and additional paternity leave, the employee is entitled to return to the same job as they occupied before commencing paternity leave on the same terms and conditions of employment as if they had not been absent. West London Mental Health NHS Trust Page 19 of 29
11. PARENTAL LEAVE 11.1 Parental Leave provides for parents to take a period of unpaid leave to care for a child. 11.2 Eligibility Employees qualify if all of these apply: One year s continuous service Named on the child s birth or adoption certificate Have or expect to have parental responsibility Not an agency worker or contractor Not a foster parent (unless they have secured parental responsibility through the courts) Child For each child For each child who qualifies for Disability Living Allowance For each adopted child Entitlement 18 weeks up to their 5th birthday* 18 weeks up to their 18th birthday 18 weeks up to their 18th birthday or the 5th anniversary of their adoption, whichever comes first Leave should be up to a maximum of four weeks in any one year per child. This may be varied in agreement with the Line Manager in exceptional circumstances. Unless agreed otherwise, or the child is disabled, leave must be taken in blocks of one week. A week equals the length of time an employee normally works in a week. Employment rights (pay, holidays and returning to a job) are protected during parental leave. Employees considering taking parental leave should also refer to the Trust s Flexible Working Patterns Policy (F6). This provides a range of alternative working patterns to support a balance between work and family commitments. *In 2015, the Government will increase the child s age limit on parental leave from 5 years to 18 years. 11.3 Notification of Parental Leave 11.3.1 Employees should discuss and agree their leave requirements with the line manager. The Paternity (Partner)/Parental Leave Form (see Appendix 2) should be completed, giving a minimum of 21 days notice. It is advisable however to provide as much notice as possible to ensure that leave requirements can be met. The form should provide the following details: West London Mental Health NHS Trust Page 20 of 29
How they wish to take the leave When they want the leave to start and finish 11.4. Postponing Parental Leave 11.4.1 Managers can postpone parental leave subject to the needs of the Trust for a period of up to 6 months of the requested start date. Managers must explain in writing within 7 days of the original request. The amount of the leave requested cannot be changed unless agreed with the employee. 11.4.2 Leave cannot be postponed (delayed) if: the Trust does not have a significant reason e.g. it would cause serious disruption the leave is being taken by the father or partner immediately after the birth or adoption of a child it means an employee would no longer qualify for parental leave e.g. postponing it until after the child s 5th birthday or if a disabled child after the child s 18 th birthday 12. PUBLIC DUTIES 12.1 Special leave with pay may be granted when a member of staff is required to be absent from duty for essential public duties. Employees should use the Special Leave Application Form (see Appendix 1) to apply for leave for public duties. 12.2 The length of time allowed will take account of the particular needs and circumstances of the individual and the impact on the Trust s service. 12.3 Employees must be allowed to take time off for jury service. 12.4 A reasonable amount of time may be given to an employee who is a: a magistrate (also known as a justice of the peace) a local councillor a school governor a member of any statutory tribunal (e.g. an employment tribunal) a member of the managing or governing body of an educational establishment a member of a health authority a member of a school council or board in Scotland a member of the General Teaching Councils for England and Wales a member of the Environment Agency or the Scottish Environment Protection agency a member of the prison independent monitoring boards (England or Wales) or a member of the prison visiting committees (Scotland) West London Mental Health NHS Trust Page 21 of 29
a member of Scottish Water or a Water Customer Consultation Panel a trade union member (for trade union duties and activities) 12.5 The amount of time off should be agreed between the employee and manager beforehand, based on: how long the duties might take the amount of time the employee has already had off for public duties how the time off will affect the Trust 12.6 The Trust can refuse a request for time off if it is considered unreasonable or ask the employee to delay the leave if it impacts on operational needs. 12.7 When called for jury service, it is usual for a letter to be sent with details of the length of time required. It is reasonable for a manager to request a copy of this letter when authorising the leave. If an employee is selected for a case which is due to last longer that they have been asked to complete their jury service, they will be informed at the beginning of the case and required to contact the Trust. 12.8 In addition to these provisions, special leave with pay may be made available in the following circumstances: absence from duty following contact with a case of a notifiable disease attendance at court as a witness attendance as a witness at appeal hearings training with the reserve and cadet forces (maximum one week) to accompany a fellow worker at certain disciplinary or grievance hearings attendance at meetings of community health councils. 13. THE EFFECT OF UNPAID LEAVE ON TERMS & CONDITIONS OF SERVICE 13.1 Annual Leave Periods of unpaid leave exceeding one month will have a proportionate effect on contractual annual leave. 13.2 Pension Pension contributions will not be made during periods of unpaid leave unless separate arrangements are made with CAPITA Pensions 13.3 Other Other terms and conditions may be affected by periods of unpaid leave, for example maternity pay and sick pay. Please seek advice from HR. West London Mental Health NHS Trust Page 22 of 29
14. APPEALS 14.1 Staff members who consider they have been unfairly treated should refer the appeal to the next line manager. 15. TRAINING 15.1 Managers and staff have a responsibility to read and be aware of the relevant parts of the policy when requesting leave. The HR Advisory Team provides advice, policy awareness raising and coaching to managers as and when required. Awareness training on all people policies is included as part of the manager induction programme. 16. RECORDING AND MONITORING 16.1 All types of leave must be recorded, clearly indicating whether it is with or without pay in accordance with this policy. For any type of leave other than ordinary annual leave, a copy of the application form and any related correspondence should be sent to HR to be retained on the employee's personal file, irrespective of whether the leave was granted or refused. 16.2 Managers must monitor use of leave and if they have concerns about excessive or repetitive claims, they should discuss this with the employee and seek advice from HR. 16.3 Application of this policy will be monitored by HR. 17. FRAUD STATEMENT 17.1 The Trust is absolutely committed to maintaining and honest, open and well-intentioned culture within the Trust. It is therefore committed to the elimination of any fraud within the Trust. 17.2 If fraud is suspected in relation to the Leave Policy, please report to the Trust s Local Counter Fraud Specialist or Director of Finance or ring the National Fraud and Corruption reporting line on 0800 028 40 60. 17.3 Please refer to the Trust s Counter Fraud Policy and Reporting Procedure (F2) for details. The policy is available on the Exchange. West London Mental Health NHS Trust Page 23 of 29
18. SUPPORTING DOCUMENTS Maternity and Adoption Policy (M1) Access to Study Leave (A10) Study and Professional Leave Policy for Consultant and Specialty and Associate Specialist Doctors (S31) Managing Health and Attendance Policy (S8) Flexible Working Patterns Policy (F6) Career Break Scheme Policy (C17) Diversity and Equality Policy (D3) Disciplinary Policy (D4) Whistleblowing Policy (W1) Counter Fraud Policy and Reporting Procedure (F2) Guidance for Managers on Agenda for Change 19. ACRONYMS HR CSU HMRC Human Resources Clinical Service Unit Her Majesty s Revenue and Customs 20. APPENDICES 1. Application for Special Leave 2. Paternity (Partner) or Parental Leave Application/Notice Form 3. Paternity (Partner) Leave Mother s Declaration 4. Monitoring Template West London Mental Health NHS Trust Page 24 of 29
Appendix 1 APPLICATION FOR SPECIAL LEAVE Name: Manager: Job Title: Department/Ward: Ext: Start Date: Annual leave entitlement: days Annual leave taken in current year: days Special leave already taken in current leave year (specify dates and circumstances): SPECIAL LEAVE REQUESTED ON THIS OCCASION Leave requested from: To: Total days: Paid leave Unpaid leave (please tick one) Reason: DETAILS OF ANY SUPPORTING DOCUMENTATION (if any) AUTHORISATION Approved (if disallowed, reason why): Signed: Name: Date: Director/ Head of Department comments (if appropriate) Approved (if disallowed, reason why): Signed: Name: Date: West London Mental Health NHS Trust Page 25 of 29
PATERNITY (PARTNER) LEAVE & PARENTAL LEAVE APPLICATION/NOTICE FORM Appendix 2 Name: Job Title: Manager: Department/Ward: Tel no: Start Date: Ordinary Paternity (Partner) Leave (Paid) Expected week of childbirth/child s placement for adoption I wish to apply for the following leave:- Date Number of Days Maximum 10 working days (pro rata for part time staff) Dates requested From to.. Additional Paternity (Partner) Leave and Pay The child s actual date of birth/placement for adoption was Date: I wish to take the following period of leave and apply for Statutory Paternity Pay Number of weeks..(between 2 and 26 consecutive weeks) Dates requested From to.. At least 20 weeks after child s date of birth/placement Parental Leave (Unpaid) Child s date of birth/date of adoption: Date: Leave to be taken in one block: Yes No If yes, dates required Leave to be taken over separate periods: Yes No If yes, dates required Please provide a copy of the MATB1/adoption matching certificate/birth certificate as appropriate. West London Mental Health NHS Trust Page 26 of 29
Declaration I confirm that I meet the eligibility requirements for Paternity (Partner) Leave/Parental Leave* (*delete as appropriate), and wish to take the leave for the intended purpose of caring for the child/children, as described in the policy (continue to next page). I confirm I have, or expect to have, parental responsibility for the child. I am the mother s husband/partner/civil partner I am the primary adopter s husband/partner/civil partner Signature Date Authorisation Manager s signature Name Designation Date One copy to be sent to the HR Department for processing HR approved signature Name Designation Date West London Mental Health NHS Trust Page 27 of 29