POLICY DOCUMENTATION 20 16 17 POLICY RESPONSIBILITY Maternity, Paternity & Flexible Working and Parental Leave Principal LAST REVIEWED July 2016 Maternity Leave Page 2 Paternity Leave Page 7 Flexible Working Page 9 Shared Parental Leave Page 12
Maternity Leave Introduction All pregnant members of staff have a statutory right to maternity leave and pay provided that certain conditions are met relating to length of service and earnings. Aims To ensure all pregnant members of staff are treated consistently. To ensure all pregnant members of staff are aware of their statutory entitlements to maternity leave and pay. Practice General The expected week of confinement is referred to as the EWC. The qualifying week is the 15 th week before the EWC. The MAT B1 is the certificate issued by the GP or midwife, which confirms the EWC, usually issued after the 20 th week of pregnancy. The original should be passed to the PA to the Principal as soon as it is issued who will forward this information to the Finance Department. Time off for ante-natal care Pregnant members of staff are entitled to paid time off to attend ante-natal appointments. This includes scans, tests, hospital, GP or midwife appointments, parent craft classes and other classes recommended on medical advice. The staff member must inform their line-manager as soon as the dates & times of the appointments are known. A Request for Leave form should be passed to the Principal and then forwarded to the Vice Principal in charge of planning and then to the PA to the Principal. Wherever possible these appointments should be made at the start or end of the day. Health and safety The Academy has a statutory obligation to protect the health and safety at work of expectant and new mothers and is obliged to carry out an individual risk assessment of their workplace. Line- Managers are required to complete a risk assessment form. Entitlement to Statutory Maternity Leave All members of staff will be entitled to 26 weeks ordinary maternity leave (OML) plus 26 weeks additional maternity leave (AML), regardless of length of service. Entitlement to maternity leave is also dependent on the staff member remaining in employment up to the qualifying week. 2
Entitlement to Statutory Maternity Pay (SMP) All pregnant members of staff, whether temporary or permanent who have completed 26 weeks of continuous service at the qualifying week are entitled to statutory maternity pay as follows: Members of staff with less than 26 weeks of continuous service at the qualifying week have no statutory maternity pay entitlement but there may be an entitlement to a Maternity Allowance. The member of staff must also have earnings above the lower earnings limit for NI contributions during the 2 months prior to the qualifying week. The member of staff must still be pregnant at the 11 th week before the EWC. The member of staff must provide their MAT B1 certificate. Entitlement to Academy Maternity Pay (AMP) Entitlement to AMP is as follows: In the first year of service nil in the second and subsequent years of service: Weeks 1 4 Weeks 5 6 Weeks 7 18 Weeks 19 39 100% Normal Pay (Inclusive SMP) 90% Normal Pay (Inclusive SMP) 50% Normal Pay plus SMP SMP only Payments made by the Academy during maternity leave shall be made on the understanding that the employee will return to work at the Academy for a period of at least 3 months, which may be varied by the Academy on good cause being shown and, in the event of not doing so the employee shall refund all monies paid, or such part thereof, if any, as the Academy may decide. Payments made to employees by way of Statutory Maternity Pay are not refundable. Notification The member of staff should inform their Line-Manager and the Vice Principal that they are pregnant, as soon as reasonably practical, but no later than the end of the 15 th week before the EWC. The member of staff should inform the Operations Manager and the Senior Vice Principal, in writing, that they are pregnant, the EWC and the date they intend to start maternity leave the member of staff must send their MAT B1 to Payroll as soon as it is issued, in order that maternity pay can be calculated. The MAT B1 must be forwarded at least 28 days before maternity leave commences. Maternity Leave Staff must give at least 28 days notice, in writing, to their Line-Manager, Senior Vice Principal and the Operations Manager of the date they intend to start their maternity leave. Members of staff who are entitled to AML do not need to notify of this separately. 3
The Finance Department, on behalf of the Academy, will confirm the end date of maternity leave within 28 days of receiving notification of the start of maternity leave. Staff should give, at least, 28 days notice to the above people if they wish to change the date they intend to start maternity leave. The earliest maternity leave can start is the 11th week before the EWC. After that the member of staff can leave as near to the EWC as they wish. For members of staff whose EWC is on or after 1 st April 2007, maternity leave can commence on any day of the week, except in the circumstances outlined below: - If childbirth occurs earlier than the notified leave date then maternity leave will start on the day following childbirth. - If the pregnant employee is off work wholly or partly because of pregnancy at any time during the period 4 weeks before the EWC, then maternity leave will commence from the first day of illness. - The Academy may contact members of staff, whose EWC is on or after 1 st April 2007, during their maternity leave to help plan their return to work or update them on developments at work Maternity Pay Payment of Statutory Maternity Pay, SMP, and Academy Maternity Pay, AMP starts once the member of staff stops work due to pregnancy, i.e. when maternity leave has started. It is paid for complete weeks only. SMP and AMP is paid through payroll. All members of staff will receive SMP of 6 weeks pay at 90% of the average total earnings during the 2 months prior to the qualifying week PLUS 33 weeks at the SMP rate (providing earnings are above the lower earnings limit for NI contributions), or 90% of average weekly earnings whichever is the lower. All members of staff will receive AMP as outlined above. Maternity pay is treated the same way as other earnings for the purpose of tax, NI etc. Benefits during Maternity Leave Certain terms and conditions of employment continue to apply throughout OML and AML e.g. notice period and redundancy rights. All terms and conditions of employment, including benefits, will continue during OML with the exception of pay. Benefits do not continue to accrue during AML with the exception of those detailed below. Pension During OML the member of staff contributes the same percentage based on their maternity pay as will the Academy. During AML the member of staff can either: 4
Continue as a contributing member of the pension scheme making payments equal to the amount contributed immediately prior to the commencement of maternity leave. The Academy, in this case, will make payments equal to the amount contributed immediately prior to commencement of maternity leave. OR Suspend contributing membership of the scheme, i.e. cease making payments during AML and upon return to work make contributions at the normal amount. Please note that this break will not count towards the calculation of pensionable service. Further information is available from the Pensions Administrator. Holiday entitlement Contractual holiday entitlement continues to accrue during OML. This should be taken, wherever possible, before maternity leave commences. Any outstanding holiday not taken will be added to the end of the maternity leave. However it should be noted that no days can be carried forward from one holiday year to the next and any unused entitlement will be lost. Contractual holiday entitlement does not accrue during AML, however an adjustment will be made upon return to work to ensure members of staff receive the minimum statutory holiday entitlement during AML. Payment for outstanding holiday entitlement will only be made in exceptional circumstances e.g. if the baby is born early therefore holiday cannot be taken. Returning to work A minimum of two weeks of maternity leave must be taken immediately after the birth of the baby. This is included in OML not in addition to it. The member of staff can return at any time from 2 weeks after the birth of the baby but no later than 26 weeks after the start of OML or a further 26 weeks after the start of AML. The Academy will assume the member of staff intends to return to work on the latest possible return date, i.e. for OML 26 weeks after the start of maternity leave and for AML 52 weeks after the start of maternity leave. If the member of staff returns to work before the end of OML, then maternity pay will cease from the date of return to work. The member of staff must inform the Director of Finance and the Vice Principal that this is their intention. All members of staff who wish to return to work before the end of OML or AML must give at least eight weeks notice of the date they wish to return to the Director of Finance. If the member of staff does not wish to return to work at the end of OML or AML they should give notice of their resignation to the Principal and the Director of Finance at least 28 days before the end of maternity leave. Keeping in touch days Keeping in touch days (KIT days), are where a member of staff on maternity leave can, by mutual agreement, agree to work for up to ten days without losing a week s maternity pay or ending the period of maternity leave. For example, this may involve attending training days or conferences. 5
KIT days can be worked at any time during OML or AML except for the first two weeks following childbirth. It will be up to the member of staff and their manager to agree when the days are worked, either as single days or in a block Members of staff will receive their normal hourly rate of pay for any work undertaken on KIT days. Once ten KIT days have been worked, any further days worked, will result in the member of staff losing SMP for the whole of the week in which work is undertaken. There is no obligation to provide KIT days. There is no obligation on the member of staff to agree to work on KIT days suggested by their Line-Manager. Where a member of staff declines to work there will be no loss of maternity benefits or any other detriment suffered as a result of this. Return to the same job Members of staff on OML have the right to return to the same job with the same terms and conditions as before. Members of staff on AML have the right to return to the same job with the same terms and conditions as before unless it is not reasonably practical to do so. In this situation, the member of staff will be offered a suitable alternative position on terms and conditions no less favourable than before. In the event of a redundancy situation whilst a member of staff is on OML or AML, the Academy s Redundancy Policy will apply. A suitable alternative position will be offered, if one is available, on similar terms and conditions of employment as before. Returning on a different working pattern The Academy has a policy on Flexible Working. Members of staff who wish to return to work on a different working pattern will need to request and complete a form. This should be completed at least 28 days before the expected return to work date. There is no automatic right to return on a different working pattern, each application will be considered under the terms of the Flexible Working Policy. If the member of staff returns to work on reduced hours, the benefits will be pro-rata in the new contract, however there is no requirement to reimburse benefits received during OML or AML. 6
Paternity Leave Introduction The Academy recognises the importance of supporting all staff in their obligations to their families. All employees are eligible for two weeks of Paternity Leave if the following conditions are satisfied: You have worked continuously for the Academy for 26 weeks leading into the 15 th week before the Expected Week of Childbirth (EWC) or Expected Day of Placement (EDP) if adopted. You have, or expect to have, responsibility for the child s upbringing (born or adopted). You are the biological father of the child or the mother s husband or partner. You are the adopted spouse or partner (male or female). Please note: if you are eligible for Paternity Leave this period covers single and multiple births. Therefore if twins are involved you are still only eligible for two weeks of Paternity Leave. Paternity Leave can be taken at any period from the day the baby is born or placed (adoption) up to eight weeks from that date. Leave can be taken in the following ways: Block of two weeks. You can t take odd days off and if you take two weeks they must be taken together. Practice Entitlement to Paternity Pay Depending on your length of service with the Academy, you will be entitled to either option one or option two. Option 1 Less than 26 weeks of continuous service at the 15th week before the expected week of childbirth or expected date of placement. You will not be entitled to paternity pay. Option 2 26 weeks of continuous service at the 15th week before the expected week of childbirth or expected date of placement You will be entitled to the Academy s enhanced paternity pay package, which equates to 2 weeks at full pay. This payment will include elements of Statutory Paternity Pay. Please note: There is no distinction drawn between live and still births (where a child is stillborn after 24 weeks) therefore you will still be eligible for Paternity Leave if you meet the appropriate criteria. Paternity Pay is made up of Statutory Paternity Pay (SPP) and Academy Paternity Pay (APP). The amounts are outlined below: Statutory Paternity Pay SPP is paid for up to a period of 2 weeks, at a rate of 138.18 (with effect from April 2014) or at 90% of the average weekly earnings if this is less than this. Academy Paternity Pay Those eligible will receive full pay, for up to two weeks, offset against SPP. 7
Conditions of Paternity Pay The Academy will offer two weeks of paid leave for qualifying employees at average salary rate. The payment includes the statutory paternity payment which is equal to the rate of standard SSP. This leave must be taken in 1 or 2 whole weeks together, provided that the Employee gives 15 weeks notice of his intention (where practicable). The leave must be taken within 8 weeks of the child's birth. Paternity Leave You must notify the Senior Vice Principal of the date you wish to commence your Paternity Leave and how you are going take the leave by completing the Paternity Leave Request Form (Appendix 1). Notification must be given by the end of the 15 th week before the Expected Week of Childbirth (EWC). Adoptive Paternity Leave You must notify the Principal of the date you wish to commence your Adoptive Paternity Leave and how you wish to take the leave by completing the Paternity Leave Request Form (Appendix 1). This must be undertaken within seven days of having been notified that you have been matched with a child for the purposes of adoption. If requested to do so, you should provide a matching certificate confirming the Expected Date of Placement (EDP) of the child, which should be available from the Adoption Agency. Effect of Paternity Leave on conditions of service Paternity Leave has no adverse effect on your long-term employment with the Academy. The break in employment does not affect your continuous employment with the Academy, nor will it affect your seniority, status, pension entitlement, sickness entitlement or any other entitlement associated with your terms and conditions of employment. Failure to return to work from Paternity Leave If you fail to return to work after the maximum period of absence, and fail to notify the Academy of your absence, then disciplinary action may be taken. 8
Flexible Working Introduction Staff employed to work at the Academy have the statutory right to apply to work flexibly and have his/her application considered seriously by the Academy. The Senior Leadership Team (SLT) will consider whether or not it is possible to accommodate a request for sound business reasons and will, after due consideration, inform the employee accordingly. All requests should be sent to the Principal in writing and should, where necessary, explain how the role may be carried out under flexible conditions. All considerations for non-teaching staff to go parttime will be discussed directly with the Operations Manager. A meeting will be held and a decision will be given within a reasonable time not exceeding 3 months. Sometimes, precise days will not be possible to fix because the timetable has not been completed. In this case, days will be confirmed as soon as the timetable is finished. SLT will consider: the needs of students in the Academy, the needs of the department (i.e. if the request lead to inequity in teaching periods or duties amongst staff, or to inefficient numbers of split classes etc.), the needs of the whole school (i.e. if there would be an imbalance of teachers in on one day compared to another, if it is a member of teaching staff, would it impede his / her ability fulfil his / her role as an Advisor, if he / she is needed to teach subjects outside the department, if the employment of further part-time workers would undermine the efficient education of students, if the applicant has direct line-management responsibility for other members of staff and so on). SLT will always listen carefully to any request, and will, where possible, be flexible. SLT cannot always guarantee that all requests will be granted. It may be that requests for particular days or requests for whole days, rather than half days, may not be in the best interest of the Academy. If this is the case, this will be communicated directly to the employee by either the Principal or in his / her absence, the Senior Vice Principal. Heads of Department may listen to the requests of part-timers, but may not make decisions over flexible working, or which days a member of staff works. Decisions over which days part-timers work are made in conjunction with the Vice Principal at the time of timetabling. Practice Eligibility To qualify to make a request under the policy a member of staff must: have worked at the Academy continuously for 26 weeks at the date the application is made not normally have made another application in the past 12 months (although there may be circumstances where this is waived) Scope All employees will be able to request: a change to the hours they work a change to the times when they are required to work to work from home 9
Consideration may be given to work patterns such as, but not limited to, annualised hours, compressed hours, flexitime, home working, job sharing, self-rostering, staggered hours and term time working. This list is not intended to be exhaustive. Application An eligible member of staff will need to make a considered application in writing to the Principal. Whilst the regulation limits applications to one in a 12 month period, the Academy recognises that there will be circumstances where multiple applications in a 12 month period would be accepted, for example as a result of changing circumstances. Again, whilst a successful application would normally result in a permanent change to the employee s own terms and conditions of employment, there will be occasions where only temporary changes are required or appropriate, or where a trial period is agreed initially. It will be important therefore that, before making an application, the member of staff gives careful consideration to the following: which working pattern will help them best meet any responsibilities any financial implications it might have on them in cases where the desired working pattern will involve a reduction in salary any effects it will have on the needs of the Academy and its students and how these might be accommodated The Principal or Senior Vice Principal will arrange to meet with the member of staff. This will provide an opportunity to explore the desired work pattern in depth, and to discuss how best it might be accommodated. It will also provide an opportunity to consider other alternative working patterns should there be problems in accommodating the desired work pattern outlined in the employee s application. The member of staff will, if they so wish, be able to bring either his/her Trade Union representative or appropriate work place colleague. The Principal, Senior Vice Principal or Operations Manager will write to the member of staff to either agree to a new work pattern and a start date; or to provide a clear business reason, or reasons, as to why the application cannot be accepted. The procedure will also provide for rare occasions when the Academy will want to investigate further before notifying the member of staff with the final decision however, a decision will not be unduly delayed. Reasons for turning down a flexible working request The Principal will give reasons for the rejection of any request; reasons must be for one or more prescribed business reasons, which are: the burden of additional costs an inability to reorganise work among existing staff an inability to recruit additional staff a detrimental impact on quality a detrimental impact on performance a detrimental effect on ability to meet customer demand insufficient work for the periods the employee proposes to work 10
a planned structural change to the business If a request has been rejected, the employee will be informed which reasons apply in writing and of the appeal procedure. Flexible working requests that are granted If the request is upheld in full or in part, the employee and the Principal along with the relevant Line Manager, when appropriate, will discuss how and when the changes will take effect. Any changes to terms and conditions, and the date on which they will commence, will be put in writing and sent to the employee as an amendment to his/her contract of employment/written statement of terms and conditions of employment as soon as is reasonably practicable. Appeals The member of staff has a right to appeal the decision within 14 working days of it being notified to them. The intention to appeal should be put in writing to the Chair of Governors who will review the application and arrange to meet with the parties involved to encourage a satisfactory outcome at the workplace. The member of staff will, if they so wish, be able to bring either his/her Trade Union representative or appropriate work place colleague. The Chair will notify the member of staff of the outcome of the appeal in writing within 14 days of the meeting at which point the decision made will be final. There may be rare occasions when the Academy will need more time to investigate the application before making a final decision. In those cases a decision will not be unduly delayed, and the member of staff will be given a date by which a decision is likely to be made. Problems with a flexible working request If an employee is dissatisfied or unclear at any stage throughout the process, he/she should seek clarification from the Principal. If an employee is dissatisfied with the way in which his/her request has been handled, he/she can raise a grievance under the Academy s grievance procedure. The Principal will have regard to the Academy's Equality Policy when considering the request. If an employee fails to attend a meeting, including an appeal meeting, and then fails to attend a rearranged meeting without good reason, his/her application will be deemed to have been withdrawn. 11
Shared Parental Leave Introduction Shared Parental Leave enables eligible parents to choose how to share the care of their child during the first year of birth or adoption. It s purpose is to give parents more flexibility in considering how to best care for, and bond with, their child. All eligible employees have a statutory right to take Shared Parental Leave. There may also be an entitlement to some Shared Parental Pay. This policy sets out the statutory rights and responsibilities of employees who wish to take statutory Shared Parental Leave (SPL) and statutory Shared Parental Pay (ShPP). The academy recognises that, from time to time, employees may have questions or concerns relating to his/her shared parental rights. It is the academy s policy to encourage open discussion with employees to ensure that questions and problems can be resolved as quickly as possible. Employees should clarify the relevant procedures with the Principal or Operations Manager to ensure that they are followed. Practice Eligibility SPL can only be used by two people: The mother/adopter and One of the following: - the father of the child (in the case of birth) or - the spouse, civil partner or partner of the child's mother/ adopter. Both parents must share the main responsibility for the care of the child at the time of the birth/placement for adoption. Additionally an employee seeking to take SPL must satisfy each of the following criteria: the mother/adopter of the child must be/have been entitled to statutory maternity/adoption leave or if not entitled to statutory maternity/adoption leave they must be/have been entitled to statutory maternity/adoption pay or maternity allowance and must have ended or given notice to reduce any maternity/adoption entitlements; the employee must still be working for the academy at the start of each period of SPL; the employee must pass the continuity test requiring them to have a minimum of 26 weeks' service at the end of the 15th week before the child s expected due date/matching date; the employee s partner must meet the employment and earnings test requiring them in the 66 weeks leading up to the child s expected due date/matching date have worked for at least 26 weeks and earned an average of at least 30 (this is correct as of 2015 but may change annually) a week in any 13 of those weeks; the employee must correctly notify the academy of his/her entitlement and provide evidence as required. 12
Entitlement to Shared Parental Leave Eligible employees may be entitled to take up to 50 weeks of SPL during the child s first year in their family. The number of weeks available is calculated using the mother s/adopter s entitlement to maternity/adoption leave, which allows them to take up to 52 weeks leave. If they reduce their maternity/adoption leave entitlement then they and/or their partner may opt-in to the SPL system and take any remaining weeks as SPL. A mother/adopter may reduce their entitlement to maternity/adoption leave by returning to work before the full entitlement of 52 weeks has been taken, or they may give notice to curtail their leave at a specified future date. If the mother/adopter is not entitled to maternity/adoption leave but is entitled to Statutory Maternity Pay (SMP), Statutory Adoption Pay (SAP) or Maternity Allowance (MA), they must reduce their entitlement to less than the 39 weeks. If they do this, their partner may be entitled to up to 50 weeks of SPL. This is calculated by deducting from 52 the number of weeks of SMP, SAP or MA taken by the mother/adopter. SPL can commence as follows: The mother can take SPL after she has taken the legally required two weeks of maternity leave immediately following the birth of the child The adopter can take SPL after taking at least two weeks of adoption leave The father/partner/spouse can take SPL immediately following the birth/placement of the child, but may first choose to exhaust any paternity leave entitlements (as the father/partner cannot take paternity leave or pay once they have taken any SPL or ShPP). Where a mother/adopter gives notice to curtail their maternity/adoption entitlement then the mother/adopter s partner can take leave while the mother/adopter is still using their maternity/adoption entitlements. SPL will generally commence on the employee's chosen start date specified in their leave booking notice, or in any subsequent variation notice (see "Booking Shared Parental Leave" and "Variations to arranged Shared Parental Leave" below). If the employee is eligible to receive it, Shared Parental Pay (ShPP) may be paid for some, or all, of the SPL period (see "Shared Parental Pay" below). SPL must end no later than one year after the birth/placement of the child. Any SPL not taken by the first birthday or first anniversary of placement for adoption is lost. Notifying the academy of an entitlement to Shared Parental Leave An employee entitled and intending to take SPL must give the Principal or Operations Manager notification of their entitlement and intention to take to SPL, at least eight weeks before they can take any period of SPL (Appendix 2). Part of the eligibility criteria requires the employee to provide the academy with correct notification. Notification must be in writing and requires each of the following: the name of the employee; the name of the other parent; the start and end dates of any maternity/adoption leave or pay, or maternity allowance, taken in respect of the child and the total amount of SPL available; 13
the date on which the child is expected to be born and the actual date of birth or, in the case of an adopted child, the date on which the employee was notified of having been matched with the child and the date of placement for adoption; the amount of SPL the employee and their partner each intend to take a non-binding indication of when the employee expects to take the leave. The employee must provide the academy with a signed declaration stating: that he/she meet, or will meet, the eligibility conditions and are entitled to take SPL; that the information he/she have given is accurate; if he/she are not the mother/adopter they must confirm that they are either the father of the child or the spouse, civil partner or partner of the mother/adopter; that should he/she cease to be eligible they will immediately inform the academy. The employee must provide the academy with a signed declaration from their partner confirming: their name, address and national insurance number (or a declaration that they do not have a national insurance number); that they are the mother/adopter of the child or they are the father of the child or are the spouse, civil partner or partner of the mother/adopter; that they satisfy the employment and earnings test (see Who is eligible for Shared Parental Leave? above), and had at the date of the child s birth or placement for adoption the main responsibility for the child, along with the employee; that they consent to the amount of SPL that the employee intends to take; that they consent to the academy processing the information contained in the declaration form; and (in the case whether the partner is the mother/adopter), that they will immediately inform their partner should they cease to satisfy the eligibility conditions. Requesting further evidence of eligibility The academy may, within 14 days of the SPL entitlement notification being given, request: the name and business address of the partner s employer (where the employee s partner is no longer employed or is self employed their contact details must be given instead) in the case of biological parents, a copy of the child's birth certificate (or, where one has not been issued, a declaration as to the time and place of the birth) in the case of an adopted child, documentary evidence of the name and address of the adoption agency, the date on which they were was notified of having been matched with the child and the date on which the agency expects to place the child for adoption In order to be entitled to SPL, the employee must produce this information within 14 days of the employer s request. Fraudulent claims 14
The academy can, where there is a suspicion that fraudulent information may have been provided or where the academy has been informed by the HMRC that a fraudulent claim was made, investigate the matter further in accordance with the usual academy investigation and disciplinary procedures, and also without acting in a discriminatory manner in relation to any of the protected characteristics defined in the Equality Act 2010. Discussions regarding Shared Parental Leave An employee considering taking SPL is encouraged to contact the Principal or Operations Manager to arrange an informal discussion as early as possible regarding their potential entitlement, to talk about their plans and to enable the company to support the individual. The Principal or Operations Manager may, upon receiving a notification of entitlement to take SPL, seek to arrange an informal discussion with the employee to talk about their intentions and how they currently expect to use their SPL entitlement. Upon receiving a leave booking notice, the Principal or Operations Manager will usually arrange a meeting to discuss it. Where a notice is for a single period of continuous leave, or where a request for discontinuous leave can, without further discussion, be approved in the terms stated in the employee's notice booking leave, a meeting may not be necessary. Where a meeting is arranged, it should take place in private and be arranged in advance. If the initial date is problematic then another date will be arranged if possible. If an alternative date cannot be arranged then the meeting may be held over the telephone. At the meeting the employee may, if they wish, be accompanied by a workplace colleague, trade union representative or even a personal friend or family member. The purpose of the meeting is to discuss in detail the leave proposed and what will happen while the employee is away from work. Where it is a request for discontinuous leave the discussion may also focus on how the leave proposal could be agreed, whether a modified arrangement would be agreeable to the employee and the academy, and what the outcome may be if no agreement is reached. Booking Shared Parental Leave In addition to notifying the employer of entitlement to SPL/ShPP, an employee must also give notice to take the leave. In many cases, notice to take leave will be given at the same time as the notice of entitlement to SPL. The employee has the right to submit three notifications specifying leave periods they are intending to take. Each notification may contain either (a) a single period of weeks of leave; or (b) two or more weeks of discontinuous leave, where the employee intends to return to work between periods of leave. SPL can only be taken in complete weeks but may begin on any day of the week. For example if a week of SPL began on a Tuesday it would finish on a Monday. Where an employee returns to work between periods of SPL, the next period of SPL can start on any day of the week. The employee must book SPL by giving the correct notification at least eight weeks before the date on which they wish to start the leave and (if applicable) receive ShPP. Continuous leave notifications 15
A notification can be for a period of continuous leave, which means a notification of a number of weeks taken in a single unbroken period of leave (for example, six weeks in a row). An employee has the right to take a continuous block of leave notified in a single notification, so long as it does not exceed the total number of weeks of SPL available to them (specified in the notice of entitlement) and the employer has been given at least eight weeks notice. An employee may submit up to three separate notifications for continuous periods of leave. Discontinuous leave notifications A single notification may also contain a request for two or more periods of discontinuous leave, which means asking for a set number of weeks of leave over a period of time, with breaks between the leave where the employee returns to work (for example, an arrangement where an employee will take six weeks of SPL and work every other week for a period of three months). Where there is concern over accommodating the notification, the academy or the employee may seek to arrange a meeting to discuss the notification with a view to agreeing an arrangement that meets both the needs of the employee and the academy (see Discussions regarding Shared Parental Leave above). The academy will consider a discontinuous leave notification but has the right to refuse it. If the leave pattern is refused, the employee can either withdraw it within 15 days of giving it, or can take the leave in a single continuous block. Responding to a Shared Parental Leave notification Once the Principal or Operations Manager receives the leave booking notice, it will be dealt with as soon as possible, but a response will be provided no later than the 14th day after the leave request was made. All notices for continuous leave will be confirmed in writing. All requests for discontinuous leave will be carefully considered, weighing up the potential benefits to the employee and to the academy against any adverse impact to the business. Each request for discontinuous leave will be considered on a case-by-case basis. Agreeing to one request will not set a precedent or create the right for another employee to be granted a similar pattern of SPL. The employee will be informed in writing of the decision as soon as is reasonably practicable, but no later than the 14th day after the leave notification was made. The request may be granted in full or in part: for example, the academy may propose a modified version of the request. If a discontinuous leave pattern is refused then the employee may withdraw the request without detriment on or before the 15th day after the notification was given; or may take the total number of weeks in the notice in a single continuous block. If the employee chooses to take the leave in a single continuous block, the employee has until the 19th day from the date the original notification was given to choose when they want the leave period to begin. The leave cannot start sooner than eight weeks from the date the original notification was submitted. If the employee does not choose a start date then the leave will begin on the first leave date requested in the original notification. Variations to arranged Shared Parental Leave 16
The employee is permitted to vary or cancel an agreed and booked period of SPL, provided that they advise the academy in writing at least eight weeks before the date of any variation. Any new start date cannot be sooner than eight weeks from the date of the variation request. Any variation or cancellation notification made by the employee, including notice to return to work early, will usually count as a new notification reducing the employee s right to book/vary leave by one. However, a change as a result of a child being born early, or as a result of the academy requesting it be changed, and the employee being agreeable to the change, will not count as further notification. Any variation will be confirmed in writing by the academy (Appendix 3). Statutory Shared Parental Pay (ShPP) Eligible employees may be entitled to take up to 37 weeks ShPP while taking SPL. The amount of weeks available will depend on the amount by which the mother/adopter reduces their maternity/adoption pay period or maternity allowance period. ShPP may be payable during some or all of SPL, depending on the length and timing of the leave. In addition to meeting the eligibility requirements for SPL, an employee seeking to claim ShPP must further satisfy each of the following criteria: the mother/adopter must be/have been entitled to statutory maternity/adoption pay or maternity allowance and must have reduced their maternity/adoption pay period or maternity allowance period; the employee must intend to care for the child during the week in which ShPP is payable; the employee must have an average weekly earnings for the period of eight weeks leading up to and including the 15 th week before the child s expected due date/matching date are not less than the lower earnings limit in force for national insurance contributions; the employee must remain in continuous employment until the first week of ShPP has begun; the employee must give proper notification in accordance with the rules set out below. Where an employee is entitled to receive ShPP they must, at least eight weeks before receiving any ShPP, give their line manager written notice advising of their entitlement to ShPP. To avoid duplication, if possible, this should be included as part of the notice of entitlement to take SPL. In addition to what must be included in the notice of entitlement to take SPL, any notice that advises of an entitlement for ShPP must include: the start and end dates of any maternity/adoption pay or maternity allowance; the total amount of ShPP available, the amount of ShPP the employee and their partner each intend to claim, and a non-binding indication of when the employee expects to claim ShPP; a signed declaration from the employee confirming that the information they have given is correct, that they meet, or will meet, the criteria for ShPP and that they will immediately inform the academy should they cease to be eligible. It must be accompanied by a signed declaration from the employee s partner confirming: their agreement to the employee claiming ShPP and for the academy to process any ShPP payments to the employee; (in the case whether the partner is the mother/adopter) that they have reduced their maternity/adoption pay or maternity allowance; 17
(in the case whether the partner is the mother/adopter) that they will immediately inform their partner should they cease to satisfy the eligibility conditions. Any ShPP due will be paid at a rate set by the Government for the relevant tax year. Terms and conditions during Shared Parental Leave During the period of SPL, the employee's contract of employment continues in force and they are entitled to receive all their contractual benefits, except for salary. In particular, any benefits in kind (such as use of a company car, laptop, mobile phone and gym membership) will continue and contractual annual leave entitlement will continue to accrue. Pension contributions will continue to be made during any period when the employee is receiving ShPP but not during any period of unpaid SPL. Employee contributions will be based on actual pay, while the academy s contributions will be based on the salary that the employee would have received had they not been taking SPL. Annual leave SPL is granted in addition to an employee's normal annual holiday entitlement. Employees are reminded that holiday should be taken in the year that it is earned. Where an SPL period overlaps two leave years the employee should consider how their annual leave entitlement can be used to ensure that it is not untaken at the end of the employee s holiday year. Contact during Shared Parental Leave Before an employee's SPL begins, the academy will discuss the arrangements for them to keep in touch during their leave. The academy reserves the right in any event to maintain reasonable contact with the employee from time to time during their SPL. This may be to discuss the employee's plans to return to work, to ensure the individual is aware of any possible promotion opportunities, to discuss any special arrangements to be made or training to be given to ease their return to work or simply to update them on developments at work during their absence. Shared Parental Leave in touch days An employee can agree to work for the academy (or attend training) for up to 20 days during SPL without bringing their period of SPL to an end or impacting on their right to claim ShPP for that week. These are known as "Shared Parental Leave In Touch" or "SPLIT" days. Any work carried out on a day or part of a day shall constitute a day's work for these purposes. The academy has no right to require the employee to carry out any work, and is under no obligation to offer the employee any work, during the employee s SPL. Any work undertaken is a matter for agreement between the academy and the employee. An employee taking a SPLIT day will receive full pay for any day worked. If a SPLIT day occurs during a week when the employee is receiving ShPP, this will be effectively topped up so that the individual receives full pay for the day in question. Any SPLIT days worked do not extend the period of SPL. An employee, with the agreement of the academy, may use SPLIT days to work part of a week during SPL. The academy and the employee may use SPLIT days to effect a gradual return to work by the employee towards the end of a long period of SPL or to trial a possible flexible working pattern. 18
Returning to work after Shared Parental Leave The employee will have been formally advised in writing by the academy of the end date of any period of SPL. The employee is expected to return on the next working day after this date, unless they notify the academy otherwise. If they are unable to attend work due to sickness or injury, the academy's normal arrangements for sickness absence will apply. In any other case, late return without prior authorisation will be treated as unauthorised absence. If the employee wishes to return to work earlier than the expected return date, they may provide a written notice to vary the leave and must give the academy at least eight weeks notice of their date of early return. This will count as one of the employee s notifications. If they have already used their three notifications to book and/or vary leave then the academy does not have to accept the notice to return early but may do if it is considered to be reasonably practicable to do so. On returning to work after SPL, the employee is entitled to return to the same job if the employee s aggregate total statutory maternity/paternity/adoption leave and SPL amounts to 26 weeks or less, he or she will return to the same job. The same job is the one they occupied immediately before commencing maternity/paternity/adoption leave and the most recent period of SPL, on the same terms and conditions of employment as if they had not been absent. If their maternity/paternity/adoption leave and SPL amounts to 26 weeks or more in aggregate, the employee is entitled to return to the same job they held before commencing the last period of leave or, if this is not reasonably practicable, to another job which is both suitable and appropriate and on terms and conditions no less favourable. If the employee also takes a period of unpaid parental leave of 4 weeks or less this will have no effect on the employee s right to return and the employee will still be entitled to return to the same job as they occupied before taking the last period of leave if the aggregate weeks of maternity/paternity/adoption and SPL do not exceed 26 weeks. If a parent takes a period of 5 weeks of unpaid parental leave, even if the total aggregate weeks of maternity/paternity/adoption and SPL do not exceed 26 weeks, the employee will be entitled to return to the same job they held before commencing the last period of leave or, if this is not reasonably practicable, to another job which is suitable and appropriate and on terms and conditions no less favourable. Special circumstances and further information In certain situations an employee s rights and requirements regarding SPL and ShPP may change. In these circumstances the academy will abide by any statutory obligations and an employee should refer to the documents listed below and/or clarify any issues or queries with Principal or Operations Manager. Law relating to this document: The Shared Parental Leave Regulations 2014 The Shared Parental Pay (General) Regulations 2014 The Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations 2014 Employment Rights Act 1996 Child and Families Act 2014 Equality Act 2010 19
Appendix 1 PATERNITY Paternity Leave Request Please refer to the conditions of Paternity Pay before completing this form. Forename/s: Date of birth: Surname: Pregnancy due date: Job title: Department: Gender: Female Male Complete Section A and B if you wish to take either: 1 week Paternity Leave OR 2 weeks Paternity Leave in a consecutive block SECTION A Total required amount of Paternity Leave (up to 2 weeks in whole week blocks): 1 week only 2 weeks consecutive SECTION B Week 1 start of Paternity Leave Week 1 end of Paternity Leave Week 2 start of Paternity Leave Date: Date: Date: 20
Week 2 end of Paternity Leave Date: I have read and understand the conditions of Paternity Pay and wish to apply for the above Paternity Leave. Signed (Employee): Date: Signed (Line Manager): Signed (Principal): Date: Date: *Paternity Leave Request form should be returned to the Principal / Operations Manager Appendix 2 SHARED PARENTAL LEAVE Notice of entitlement and intention to take Shared Parental Leave Please read the Shared Parental Leave policy. If you wish to take Shared Parental Leave, you must submit this form to the Principal or Operations Manager, at least, 8 weeks before the start of the first period of Shared Parental Leave. In order to calculate the amount of Shared Parental Leave you are eligible for, please complete the following: Employee name: Are you the mother / main adopter of the child or the partner of the mother / main adopter? Date on which mother or main adopter commenced (or will commence) maternity / adoption leave: Notice of curtailment of Maternity / Adoption Leave Please complete this if you are the mother or main adopter. If on Maternity Leave, this date must be, at least, two weeks after the birth of your baby. I wish my Maternity / Adoption Leave to end on the following date: Signed (Principal): Date: Please complete this if you are the partner of the mother or main adopter. 21