nhs shared parental leave

Antenatal care includes relaxation and parent-craft classes as well as appointments for antenatal care. Statutory Maternity, Adoption or Shared Parental pay will be paid regardless of whether they satisfy the conditions in paragraph 15.14, 15.15 or 15.17. The NHS Staff Council Health Safety and Wellbeing Partnership Group have published further guidance on workplace health and safety standards. 15.21 By prior agreement with the employer, occupational maternity pay may be paid in a different way, for example a combination of full pay and half pay, or a fixed amount spread equally over the maternity leave period. An employee can submit a notice to extend a period of leave, end it sooner than previously agreed or consolidate a number of discontinuous weeks in to a single block of leave using a variation notice. We use cookies to give you the best experience on our website. 15.9 Paragraphs 15.106 to 15.109 define the service that can be counted towards the 12-month continuous service qualification required for maternity, adoption and shared parental leave and pay and which breaks in service maybe disregarded for this purpose. Shared Parental Pay. Shared parental leave guidance. NHS - Shared Parental Leave (17 Posts) Add message | Report. iii) the length of any period of accrued annual leave which it has been agreed may be taken following the end of the formal adoption leave period (see paragraphs 15.93 and 15.94); 15.37 Where an employee intends to return to work the amount of occupational adoption pay receivable is as follows: i) for the first eight weeks of absence the employee will receive full pay, less any Statutory Adoption Pay receivable; ii) for the next 18 weeks the employee will receive half of full pay, plus any Statutory Adoption Pay receivable, providing the total receivable does not exceed full pay; iii) for the next 13 weeks, the employee will receive any Statutory Adoption Pay that they are entitled to under the statutory scheme; 15.38 By prior agreement with the employer, occupational adoption pay may be paid in a different way, for example a combination of full pay and half pay, or a fixed amount spread equally over the adoption leave period. 15.10 Paragraphs 15.110 to 15.116 outline the leave and pay available for partners of new parents (paternity leave). 15.29 Where an employee’s baby is born before the 11th week before the expected week of childbirth and the employee has been absent from work on certified sickness absence during the actual week of childbirth, maternity leave will start the day after the day of birth. In cases where the employer considers that to enforce this provision would cause undue hardship or distress, the employer will have the discretion to waive their rights to recovery. Type of document Policy ... always view from the website www.cwp.nhs.uk to ensure it is the correct version : 1. Great reasons to register with NHS Employers, Occupational shared parental leave scenario guidance, NHS Terms and Conditions of Service Handbook, Very senior managers - SpHAs, ambulance trusts, Diversity and Inclusion Partners Programme. 15.55 In instances where a discontinuous period of leave has been refused and an alternative period has not been agreed during the discussion period, the total combined weeks’ leave requested on that notice may be taken as a single continuous block. 15.3 Paragraphs 15.14 to 15.17 of this section set out the eligibility requirements for maternity, adoption, and shared parental leave and pay for NHS employees under the NHS occupational scheme. Publications, video & audio and much more. POL099 – Shared Parental Leave Policy V3.0 4 1. 15.13 Employers should have due regard to the need to eliminate discrimination and advance equality of opportunity under their public sector equality duty. 15.79 If, at the end of maternity, adoption, or shared parental leave, the employee wishes to return to work on different hours, the NHS employer has a duty to facilitate this, wherever possible. 15.72 Work can be consecutive or not and can include training or other activities which enable the employee to keep in touch with the workplace. they will be liable to refund the whole of their maternity, adoption, or shared parental pay, less any Statutory Maternity, Adoption or Shared Parental Pay, received. Shared Parental Leave enables eligible parents to choose how to share the care of their child during the first year of birth or adoption. 15.45 Employing organisations may at their discretion require the individual to provide additional information on their circumstances where this is reasonable and necessary to determine entitlements. 15.53 Confirmed leave arrangements can be amended by the submission of a notice to vary the agreed period of leave. Payment in lieu may be considered as an option where accrual of annual leave and public holidays exceeds normal carry over provisions, providing this would not cause a breach in the Working Time Regulations 1998. 15.75 Working for part of any day will count as one KIT / SPLiT day. Absence prior to the last four weeks before the expected week of childbirth, supported by a medical statement of incapacity for work, or a self-certificate, shall be treated as sickness absence in accordance with normal leave provisions. The amount of annual leave and public holidays to be taken in this way, or carried over, should be discussed and agreed between the employee and employer. South Central Ambulance Service NHS Foundation Trust Unit 7 & 8, Talisman Business Centre, Talisman Road, Bicester, Oxfordshire, OX26 6HR Maternity, Paternity, Adoption & Shared Parental Leave 2019 28 COMMENCEMENT OF MATERNITY SUPPORT (PATERNITY) LEAVE 11 NHS Worker Shared Parental Leave. 15.1 All employees will have the right to take 52 weeks of maternity and / or adoption leave, or up to 52 weeks of shared parental leave (minus any maternity or adoption leave taken). 15.89 Where an employee does not have enough statutory continuity of service to access statutory maternity /adoption / shared parental pay as a result of being required as part of their training programme to work in a Crown Dependency, and they would have had sufficient statutory continuous service to access statutory maternity pay, statutory adoption pay, or statutory shared parental pay had they not been required to work in a Crown Dependency, the employee shall be paid, by their current employer, the value of statutory maternity / adoption / shared parental pay they would have otherwise received if their statutory continuity had not been broken by working in a Crown Dependency. 15.26 Odd days of pregnancy-related illness during this period may be disregarded if the employee wishes to continue working till the maternity leave start date previously notified to the employer. 15.100 Statutory Maternity Pay (SMP) and Statutory Adoption Pay (SAP) is paid at 90 per cent of their average weekly earnings for the first six weeks of the maternity / adoption leave and to the statutory flat rate sum or 90 per cent of the average weekly earnings (whichever is lower) for the following 33 weeks. 15.54 In instances where discontinuous periods of leave are requested, employers are not bound to agree the requested pattern. Full pay is inclusive of any ShPP. i) the employee’s paid and unpaid leave entitlements under this agreement (or statutory entitlements if the employee does not qualify under this agreement); ii) unless an earlier return date has been given, by the employee, their expected return date, based on their 52 weeks paid and unpaid leave entitlement under this agreement; iii) the length of any period of accrued annual leave which it has been agreed may be taken following the end of the formal maternity leave period (see paragraphs 15.93 and 15.94); iv) the need for the employee to give at least 28 days of notice if they wish to return to work before the expected return date. Download the guidance in full. Shared Parental Leave – Letter to invite to meeting to discuss request for Discontinuous Leave 50 11. 15.57 An employee may withdraw their notice to book discontinuous blocks of leave within 15 days of submitting their notice providing an agreement has not been reached with their employer about when they will be absent from work. 15.116 Employees who are not eligible for the two weeks of pay during their new parent support leave may still be entitled to statutory paternity pay subject to meeting the qualifying conditions described in the relevant legislation. If such a pay award was agreed retrospectively the maternity pay should be re-calculated on the same basis; iii) in the case of an employee on unpaid sick absence or on sick absence attracting half pay during the whole or part of the period used for calculating average weekly earnings, in accordance with the earnings rules for Statutory Maternity Pay purposes, average weekly earnings for the period of sick absence shall be calculated on the basis of notional full sick pay as set out in the provisions at section 14.4 and 14.5 of this agreement. This includes notices to vary a previously agreed pattern of leave. Camden and Islington NHS Foundation Trust believes that it is a mutual benefit to the Trust and its employees to work in partnership with Staff side. 15.70 An employee may work up to a maximum of twenty SPLiT days without bringing their shared parental leave to an end. As the handbook makes clear, NHS staff are entitled to six weeks full pay inclusive of Statutory Shared Parental Pay. Ensures all employees understand the procedure for accessing maternity, maternity support (paternity), shared parental leave, adoption or parental ... same or other NHS employer for at least three months. Where it is not reasonably practicable to offer suitable alternative work, the employee should be suspended on full pay. 15.74 For KIT /SPLiT days worked the employee will be paid at their basic daily rate for the hours worked, less any occupational or statutory maternity / adoption / shared parental leave payments. If such a pay award was agreed retrospectively, the adoption pay should be re-calculated on the same basis; ii) in the event of a pay award or move to a higher pay point being implemented during the paid adoption leave period, the adoption pay due from the date of the pay award or new pay point should be increased accordingly. 15.76 A risk assessment must be carried out for any employee who is breastfeeding and facilities must be provided in accordance with paragraph 15.33-15.34. Trust Board – The Trust Board has delegated responsibility for ensuring compliance with the However, this may be extended by local agreement in exceptional circumstances. 15.46 It is the responsibility of the employee to ensure that all information provided is accurate. Events. Shared parental leave is designed to give parents more flexibility in how to share the care of their child in the first year following birth or adoption. 15.104 All employees will have a right to take 52 weeks of maternity / adoption / shared parental leave whether or not they return to NHS employment. Employing organisations will need to be able to satisfy themselves that they have all the information necessary to offer this enhanced benefit. 15.81 In the event of illness following the date the employee was due to return to work, normal sickness absence provisions will apply as necessary. 15.14 An employee working full-time or part-time will be entitled to paid and unpaid maternity leave under the NHS occupational maternity pay scheme if: i) they have 12 months’ continuous service (see paragraphs 15.106 to 15.109) with one or more NHS employers at the beginning of the 11th week before the expected week of childbirth; ii) they notify their employer in writing before the end of the 15th week before the expected date of childbirth (or if this is not possible, as soon as is reasonably practicable thereafter): (a) of their intention to take maternity leave; (b) of the date they wish to start their maternity leave – they can choose when to start their maternity leave – this can usually be any date from the beginning of the 11th week before the baby is born (but see paragraph 15.24); 15.15 An employee working full-time or part-time will be entitled to paid and unpaid adoption leave under the NHS occupational adoption pay scheme if: i) they are the primary carer in the adoption arrangement made by an official adoption agency, or they are the intended parent through a surrogacy arrangement and commit to applying for a parental or adoption order (see https://www.gov.uk/legal-rights-when-using-surrogates-and-donors); and. Where inaccurate information is provided that leads to overpayment of statutory or occupational entitlements, the employing organisation will have a right to reclaim any overpayment. 15.113 Employees granted new parent support leave will receive full pay during this period if they have 12 months’ continuous service with their or any other NHS employer before they take their leave. Entitlement to Shared Parental Leave 5.1 You are entitled to SPL in relation to the birth of a child if: you are the child's mother, and share the main responsibility for the care of the child with … The review will look at the requested pattern of leave and discuss possible alternatives. shared parental leave, adoption and parental leave and pay entitlements. The service will receive further communication about these in due course. i) for the first eight weeks of absence the employee will receive full pay, less any Statutory Maternity Pay or maternity allowance (including any dependants’ allowances) receivable; ii) for the next 18 weeks the employee will receive half of full pay, plus any Statutory Maternity Pay or maternity allowance (including any dependents’ allowances) receivable, providing the total receivable does not exceed full pay; iii) for the next 13 weeks, the employee will receive any Statutory Maternity Pay or maternity allowance that they are entitled to under the statutory scheme. 7.1.5. Shared parental leave is designed to give parents the flexibility to decide when to return to work and allow families to spend time together in the early stages of a child's life. Parental Leave – Section 35 is a separate provision from either maternity or maternity support (paternity) or adoption leave and should provide a non-transferable individual right to at least 18 weeks’ leave. 15.24 An employee may begin their maternity leave at any time between 11 weeks before the expected week of childbirth and the expected week of childbirth, provided they give the required notice. Shamelessly posting for traffic I’m currently 29 weeks. 2. Shared Parental Leave and Pay Explained - This webinar is aimed at employees looking to start a family and interested in find out how the can share the leave and pay with their partner. Publications, video & audio and much more. In Scotland, this section should be read in conjunction with the most up to date PIN policies which can be found at www.staffgovernance.scot.nhs.uk. 15.91 An employee on maternity / adoption / shared parental leave will progress through their pay step on the date the pay step is due unless a pay-step review meeting has taken place prior to the commencement of leave which confirmed that the required standards for pay progression would not be met. 15.112 All eligible employees are entitled to two weeks of new parent support leave which can be taken around the time of the birth or the placement of the child for adoption. 15.32 In the event where an employee has a miscarriage before the start of the 25th week of pregnancy, normal sickness absence provisions will apply as necessary. Your NHS pensions contributions whilst on leave . The employee will receive full pay less any statutory paternity pay receivable. NHS Employers offers NHS organisations a comprehensive range of events, seminars and conferences to share best practice, get … 15.83 Employees subject to fixed-term or training contracts which expire after the 11th week before the expected week of childbirth, or the date of matching, or the 15th week before the baby’s due date if applying via a surrogacy arrangement, and who satisfy the relevant conditions in paragraphs 15.14, 15.15 or 15.17 shall have their contracts extended so as to allow them to receive the 52 weeks, which includes paid occupational and statutory maternity / adoption / shared parental pay, and the remaining 13 weeks of unpaid maternity / adoption / shared parental leave. 15.114 Full pay will be calculated on the basis of the average weekly earnings rules used for calculating occupational maternity / adoption pay entitlements. Maternity, Paternity, Adoption and Shared Parental Leave Policy. 15.63 Full pay will be calculated using the average weekly earnings rules used for calculating Statutory Shared Parental Pay entitlements, subject to the following qualifications: i) in the event of a pay award or move to a higher pay point being implemented before the paid shared parental leave period begins, the shared parental pay should be calculated as though the pay award or new pay point had effect throughout the entire Statutory Shared Parental Pay calculation period. iii) they notify their employer in writing before the end of the week in which they are notified of being matched with a child for adoption, or by the 15th week before the baby’s due date if applying via a surrogacy arrangement: (a) of their intention to take adoption leave; 15.16 Shared parental leave and pay can be taken at any time within one year from the birth or placement for adoption, providing two weeks’ compulsory maternity or adoption leave has been taken first. NHS Employers offers NHS organisations a comprehensive range of events, seminars and conferences to share best practice, get informed and network with colleagues. Shared parental leave Shared parental leave enables eligible mothers, staff who have given birth to a child, fathers, partners and adopters to choose how to share time off work after their child is born or placed for adoption. 15.49 Following notification of their intention to take shared parental leave, an employee should provide notice to book a period of leave. In the limited circumstances where the employer refuses the requested pattern, they will explain the reason for the refusal. 15.43 For an employee to qualify for adoption leave and or pay resulting from an overseas adoption, they must: i) tell their employer the date of the official notification (permission from a GB authority for an adoption abroad) and the estimated date that the child will arrive in GB. (ShPP), followed by 18 weeks half pay plus ShPP. If such a pay award was agreed retrospectively, the shared parental pay should be re-calculated on the same basis; ii) in the event of a pay award or move to a higher pay point being implemented during the paid shared parental leave period, the shared parental pay due from the date of the pay award or new pay point should be increased accordingly. Shared parental leave is aimed at giving parents more flexibility over how they share childcare between them during the first year. 15.67 To enable employees to take up the opportunity to work KIT and SPLiT days, employers should consider the scope for reimbursement of reasonable childcare costs or the provision of childcare facilities. Lead executive Director of People and Organisational Development Authors details HR Service Officer . ShPP can be claimed following the birth or placement of the child, but not at the same time as the compulsory two weeks of leave following the birth or placement of the child. 15.19 Following discussion with the employee, the employer should confirm in writing: 15.20 Where an employee intends to return to work the amount of occupational maternity pay receivable is as follows: 15.22 Full pay will be calculated using the average weekly earnings rules used for calculating Statutory Maternity Pay entitlements, subject to the following qualifications: Amendment number 41: NHS TCS Advisory Notice 02/2019. Shared Parental Leave – Employee – Period of Leave Notice 46 9. 15.64 Employees are also entitled to take a further 13 weeks as unpaid leave to bring the total for shared parental leave to 50 weeks. 15.61 Where an employee intends to return to work after a period of shared parental leave, the maximum joint entitlement of an eligible couple to occupational shared parental pay will be as set out below. 2 This section, agreed by the UK Staff Council for application from 1 April 2019 includes provisions already put in place in Scotland on 2 April 2015 by DL(2015)5, and subsequently included in the Supporting the Work-Live Balance Partnership Information Network (PIN) policy. The following breaks in service will be disregarded (but do not count as service), i) a break in service of three months or less will be disregarded. 15.60 Eligible employees will be entitled to claim up to 37 weeks of statutory shared parental leave pay (ShPP), less any weeks of statutory maternity pay, maternity allowance or statutory adoption pay that has already been claimed by either partner. NHS 24 seeks to treat staff with care and compassion, dignity and respect, valuing the contribution they make. How the occupational element of pay works. Eight weeks’ notice must be given but flexibility should be provided in the event of early and late births. Shared Parental Leave in Touch days . 15.87 Where an employee is on a planned rotation of appointments with one or more NHS employers, as part of an agreed programme of training, they shall have the right to return to work after a period of maternity, adoption or shared parental leave in the same post or in the next planned post, irrespective of whether the contract would otherwise have ended if pregnancy and childbirth/adoption/shared parental leave had not occurred. 15.105 Paragraph 15.117 contains further information on statutory entitlements. 15.115 Only one period of new parent support pay is ordinarily available when there is a multiple birth. 8. Its purpose is to give parents more flexibility in considering how to best care for, and bond with, their child. NHS Employers offers NHS organisations a comprehensive range of events, seminars and conferences to share best practice, get informed and network with colleagues. In such circumstances the employee’s contract will be extended to enable the practitioner to complete the agreed programme of training. 15.50 An employee can provide up to three notices to book leave. Providing deliberately inaccurate information may also lead to the employing organisation taking disciplinary or other action against the employee. In all cases, staff should make an informed choice to ensure their application for shared parental leave and pay best meets their individual family circumstances. Refer to Annex 23 (England) for further information. 15.7 Paragraphs 15.83 to 15.98 detail miscellaneous provisions for maternity, adoption and shared parental leave situations. 15.62 An NHS employer (as defined at Annex 1) will not pay more than 26 weeks,8 weeks’ full pay (including the two weeks’ compulsory leave) and 18 weeks’ half pay, to employees accessing occupational maternity or adoption or shared parental pay in aggregate to an eligible couple. 15.12 Where, locally, staff and employer representatives agree arrangements which provide benefits to staff beyond those provided by this section, those local arrangements will apply. The total receivable cannot exceed full pay; ii) for the next 18 weeks of absence the employee will receive half of full pay plus any ShPP. 15.5 Paragraphs 15.44 to 15.64 of this section set out the shared parental leave and pay entitlements of NHS employees under the NHS occupational scheme. The practice will be paid at the invoiced cost, and up to a maximum of £1,751.52 (£1,143.06 for the first two weeks of parental leave). WorldsOnFire Fri 10-Jan-20 07:20:09. 15.85 If there is no right of return to be exercised because the contract would have ended if pregnancy and childbirth / adoption / shared parental leave had not occurred or been taken, the repayment provisions set out in paragraph 15.82 will not apply. Career. The eligibility criteria are 12 months of qualifying service (continuous service with one or more NHS employers) and parental responsibility for a child (aged under 14 for paid leave and under 18 for unpaid). Please email altformats@nes.scot.nhs.uk to discuss NHS 24 Shared Parental Leave Date Live : November 2016 Page 4 of 28 5. A two-week discussion period between the employee and employer will commence on the date the employee submits the booking notice. 15.98 Employees being assessed for adoption have the right to reasonable paid time off for essential meetings. 15.1 All employees will have the right to take 52 weeks of maternity and / or adoption leave, or up to 52 weeks of shared parental leave (minus any maternity or adoption leave taken). The minimum period of notice to book or amend a period of leave shall be eight weeks. All eligible employees have a statutory right to take Shared Parental Leave. 15.56 An employee is not entitled to withdraw a notice for a single continuous block of leave but may do so with the employer’s express permission. If a KIT /SPLiT day is worked in the full pay period, the employer will make arrangements to ensure the employee receives a day of paid leave in lieu once the employee has returned to work. The employee will return to work on different hours, in the same job. If such a pay award was agreed retrospectively the shared parental pay should be re-calculated on the same basis; iii) in the case of an employee on unpaid sick absence or on sick absence attracting half pay during the whole or part of the period used for calculating average weekly earnings, in accordance with the earnings rules for Statutory Shared Parental Pay purposes, average weekly earnings for the period of sick absence shall be calculated on the basis of notional full sick pay. This is irrespective of whether one or both parents are NHS employees as shared parental leave and pay is a joint entitlement. Any days of work will not extend the shared parental leave period. 15.108 Employment as a doctor in training in a general practice setting in accordance with the provisions of the Trainee Practitioner Scheme, shall not be regarded as a break in service and shall count as service. Tuesday, December 11, 2018. 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