Where such pay (excluding pay during the compulsory two-week maternity/adoption leave period) has been received by either parent, the maximum joint entitlement set out below will reduce proportionate to the amount of maternity or adoption pay which has either been taken and paid to either parent, or notified as intending to be taken by either parent. Recent News. The employee will receive full pay less any statutory paternity pay receivable. 15.94 Where unused annual leave and public holidays exceed local provisions for carry over to the next leave year it may be beneficial to the employer and employee for the employee to take the unused annual leave and public holidays before and/or after the agreed (paid and unpaid) maternity / adoption / shared parental leave period. Download the guidance in full. 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. 15.86 Employees on fixed-term contracts who do not meet the 12 months’ continuous service condition set out in paragraph 15.105 or 15.108, may still be entitled to Statutory Maternity / Adoption / Shared Parental Pay. NHS Employers offers NHS organisations a comprehensive range of events, seminars and conferences to share best practice, get informed and network with colleagues. 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. 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. 15.43 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. Publications, video & audio and much more. 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). This includes notices to vary a previously agreed pattern of leave. 15.30 Where an employee’s baby is born before the 11th week before the expected week of childbirth and the baby is in hospital, the employee may split their maternity leave entitlement, taking a minimum period of two weeks’ leave immediately after childbirth and the rest of their leave following their baby’s discharge from hospital. to legislation governing maternity, paternity, adoption, shared parental or surrogacy leave. Shared parental leave guidance. HM Revenue & Customs . 15.98 Employees being assessed for adoption have the right to reasonable paid time off for essential meetings. 15.93 Employees on paid and unpaid maternity / adoption / shared parental leave retain their right to the annual leave and public holidays provided by Section 13 or such other terms and conditions as such be applicable to the employee. 15.50 An employee can provide up to three notices to book leave. The NHS Staff Council Health Safety and Wellbeing Partnership Group have published further guidance on workplace health and safety standards. 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. Refer to Annex 23 (England) for further information. This must be done within 28 days of receipt of the official notification; 15.44 In order to access enhanced shared parental leave employees will be required to complete the appropriate forms produced by ACAS and available on the Government website (https://www.gov.uk/shared-parental-leave-and-pay/applying-for-leave-and-pay). 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. 15.97 The pregnant employee’s partner will be entitled to unpaid leave to attend two ante natal appointments. 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. 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 Publications, video & audio and much more. 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. 15.89 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. Parents will be able to share a pot of leave, and can decide to be off work at the same time and/or taking it in turns to have periods of leave to look after the child. 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. 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. The guidance shows various scenarios illustrating how occupational shared parental leave and pay should work in a number of situations under section 15 (England & Wales) of the NHS terms and conditions of service. Once the 15th day has passed any changes to a period of leave must be made by using a variation notice and a minimum of eight weeks’ notice must be provided. 15.101 Shared Parental Leave Pay (ShPP) is paid at a statutory flat rate sum or 90 per cent of an employee’s average weekly earnings, whichever is the lower. Shared Parental Leave – Letter unsuccessful request for Discontinuous Leave 51 12. 15.78 An employee has the right to return to their job under their original contract and on no less favourable terms and conditions. Lead executive Director of People and Organisational Development Authors details HR Service Officer . The policy document is current awaiting review to ensure it reflects changes in the relevant legislation, however you can find all the information you need below until the revised policy appears here. 5 DUTIES . The leave does not have to be taken in one continuous block; one or both parents can return to work and then take a further period of shared parental leave, provided that they comply with the notice requirements. To ensure compliance with Workplace (Health, Safety and Welfare) Regulations 1992 employers must provide suitable rest facilities for workers who are pregnant or breastfeeding. 15.68 KIT / SPLiT days are intended to facilitate a smooth return to work for employees returning from maternity, adoption, or shared parental leave. 15.95 Pension rights and contributions shall be dealt with in accordance with the provisions of the NHS Pension Scheme Regulations. Trust Board – The Trust Board has delegated responsibility for ensuring compliance with the 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 their change of employer. NHS Employers offers NHS organisations a comprehensive range of events, seminars and conferences to share best practice, get … As stated on the statutory forms, some employers may provide their own standard forms for employees to use. Where occupational adoption pay has been paid in a different way, and the employee subsequently chooses to access shared parental leave and pay, the employer may need to recalculate payments to ensure that there has not been any over or underpayment of entitlements. However, this may be extended by local agreement in exceptional circumstances. Parental leave is, therefore, aimed at encouraging a culture of flexible working practices to allow all staff to balance family and work commitments. 1 Scotland has its own established pay progression arrangements which will continue to operate until the revised approach negotiated through the Scottish terms and conditions committee is put in place. 15.41 Prospective adopters who have been approved by their adoption agency under a “concurrent” or “fostering for adoption” arrangement may choose to start their adoption leave when a fostering placement is made or when the child is matched with them for adoption. In such circumstances the employee’s contract will be extended to enable the practitioner to complete the agreed programme of training. 15.10 Paragraphs 15.110 to 15.116 outline the leave and pay available for partners of new parents (paternity leave). 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. Maternity, Paternity, Adoption and Shared Parental Leave Policy. It applies in respect of children who were born on or after 5 April 2015. 15.47 It is recommended that organisations develop their own local shared parental leave policy and processes in partnership with local staff sides to ensure application processes are consistent and to enable local audit procedures to be carried out where necessary, ensuring equality duties are met. 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. The total receivable cannot exceed full pay; iii) for the next 13 weeks, the employee will receive any ShPP that they are entitled to under the statutory scheme. The individual must have earned at least an average of £30 (gross) a week in 13 of those 26 weeks (not necessarily continuously). 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. 15.42 Should the adoption break down (“Be disrupted”) the employee will be entitled to continue their adoption leave and receive the appropriate payment for that time. All eligible employees have a statutory right to take Shared Parental Leave. Policy Statement 1.1 This document outlines the Shared Parental Leave Policy for The East of England Ambulance Service NHS Trust (the Trust). If this is not possible, the employer must provide written, objectively justifiable reasons for this and the employee should return to the same pay band and work of a similar nature and status, to that which they held prior to their maternity / adoption / shared parental absence. 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. If it is found, or a medical practitioner considers, that an employee or the child would be at risk were they to continue with their normal duties, the employer should provide suitable alternative work for which the employee will receive their normal rate of pay. NHS - Shared Parental Leave (17 Posts) Add message | Report. 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. 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. 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. Where it is not reasonably practicable to offer suitable alternative work, the employee should be suspended on full pay. 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. Shared parental leave SPL (Shared parental leave) is a statutory right which provides eligible parents with more flexibility in how they share the care of their child in the first year following birth or adoption. A two-week discussion period between the employee and employer will commence on the date the employee submits the booking notice. 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. NHS 24 Shared Parental Leave Date Live : November 2016 Page 4 of 28 5. Employing organisations will need to be able to satisfy themselves that they have all the information necessary to offer this enhanced benefit. shared parental leave, adoption and parental leave and pay entitlements. 15.103 If an employee’s earnings are too low for them to qualify for Statutory Maternity / Adoption / Shared Parental Pay, or they do not qualify for another reason, they should be advised to claim maternity allowance (if applicable) or any other possible benefits from their local Job Centre Plus. 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. It is also available where an adoption agency placed a child with you and/or your partner after 5 April 2015. 15.73 Any such work must be by agreement and neither the employer nor the employee can insist upon it. How the occupational element of pay works. 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. Any days of work will not extend the shared parental leave period. 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. If such a pay award was agreed retrospectively, the maternity 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 maternity leave period, the maternity pay due from the date of the pay award or new pay point should be increased accordingly. Shared Parental Leave Shared parental leave (SPL) is a form of leave available to working parents following the birth or adoption of a child. 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. Shared parental leave could involve returning to work for a period of time and then resuming leave at a later date. This is irrespective of whether one or both parents are NHS employees as shared parental leave and pay is a joint entitlement. Antenatal care includes relaxation and parent-craft classes as well as appointments for antenatal care. 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. POL099 – Shared Parental Leave Policy V3.0 4 1. Information on maternity allowance is available on the government website https://www.gov.uk/maternity-allowance. 15.96 Pregnant employees have the right to paid time off for antenatal care. We use cookies to give you the best experience on our website. 5.1 . The aim of this policy is to ensure the safety of pregnant and nursing mothers and to set out the entitlements to time off with pay and unpaid periods of leave, where appropriate, for employees requesting maternity, paternity (maternity support), shared parental leave or adoption leave. SHARED PARENTAL LEAVE 2.1 Shared parental leave (SPL) is a form of leave available to working parents following the birth or adoption of a child. Only one set of adoption leave is payable per placement. ii) employment under the terms of an honorary contract; iii) employment as a locum in a general practice setting for a period not exceeding 12 months; iv) a period of up to 12 months spent abroad as part of a definite programme of postgraduate training on the advice of the postgraduate dean or college or faculty advisor in the speciality concerned; v) a period of voluntary service overseas with a recognised international relief organisation for a period of 12 months, which may exceptionally be extended for 12 months at the discretion of the employer which recruits the employee on their return; vi) absence on an employment break scheme in accordance with the provisions of Section 34 of this Handbook; vii) absence on maternity leave, adoption leave, or shared parental leave (paid or unpaid) as provided for under this agreement; vii) for doctors and dentists in training, time spent outside of NHS employment (employers not listed at Annex 1) in an Out of Programme (OOP) placement approved by the Postgraduate Dean; viii) for doctors and dentists in training, time spent employed in the health service of a UK Crown Dependency as part of an approved training programme. 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. We are planning on having a baby and would like to use shared parental leave. 15.34 These provisions also apply to an employee who is breastfeeding if it is found that their normal duties would prevent them from successfully breastfeeding their child. Blogs from experts on the latest workforce thinking. 15.6 Paragraphs 15.65 to 15.82 set out arrangements for Keeping in Touch days and shared parental leave in touch days, and arrangements for returning to work. If a KIT /SPLiT day is worked on a day of leave in the half pay period, the employer will make arrangements to ensure the employee receives a half day of paid leave in lieu once the employee had returned to work. Employees who have nominated caring responsibilities are entitled to: 15.109 Employers have the discretion to count other previous NHS service or service with other employers. Shamelessly posting for traffic I’m currently 29 weeks. 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. 15.104 All employees will have a right to take 52 weeks of maternity / adoption / shared parental leave whether or not they return to NHS employment. 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. 15.110 This provision builds on statutory paternity leave and pay and applies to the father of the child (including adoptive fathers), the mother’s spouse or partner (whether opposite or same sex) or nominated carer. Shared Parental Leave enables eligible parents to choose how to share the care of their child during the first year of birth or adoption. 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. 15.33 Where an employee is pregnant or has recently given birth or is breastfeeding, the employer must carry out a risk assessment of their working conditions. Details of the qualifying conditions can be found on www.gov.uk, 15.117 There are occasions when employees are entitled to other statutory benefits / allowances and information about these and all statutory maternity, adoption, shared parental leave and paternity rights can be found on the, Section 15: Leave and pay for new parents (England, Wales and Scotland), NHS Terms and Conditions of Service Handbook, Very senior managers - SpHAs, ambulance trusts, Diversity and Inclusion Partners Programme, - Section 1: Pay Structure (Scotland and Northern Ireland), - Section 2: Maintaining round the clock services (England), - Section 2: Maintaining round the clock services (Scotland and Northern Ireland), - Section 2: Maintaining round the clock services (Wales), - Section 5: Recruitment and retention premia, - Section 6: Career progression (England), - Section 6: Career and pay progression (Scotland and Northern Ireland), - Section 11: Part-time employees and employees on fixed-term contracts, - Section 12: Contractual continuity of service, - Section 13: Annual leave and general public holidays, - Section 14: Sickness absence (Scotland and Northern Ireland), - Section 15: Leave and pay for new parents (England, Wales and Scotland), - Section 15 Maternity leave Northern Ireland, - Section 16: Redundancy pay (Scotland, Wales and Northern Ireland), - Section 17: Reimbursement of travel costs, - Section 20: Mutually agreed resignation schemes - principles, - Section 21: Right to raise concerns in the public interest (whistleblowing), - Section 23 Child bereavement leave (England, Wales and Scotland), - Section 25: Time off and facilities for trades union representatives, - Section 26: Joint consultation machinery, - Section 31: Recruitment, promotion and staff development, - Section 33: Balancing work and personal life, - Section 40: National bodies and procedures, - Section 47: Reviews, appeals and job evaluations, - Annex 2: Pay bands and pay points on the second pay spine in England, - Annex 3: Introduction to pay bands and pay points on the second pay spine in England, - Annex 3: Pay bands and pay points on the second pay spine in England from 1 April 2017, - Annex 3: Pay bands and pay points on the second pay spine in England from 1 April 2016, - Annex 3: Pay bands and pay points on the second pay spine in England from 1 April 2015, - Annex 3: Pay bands and pay points on the second pay spine in England from 1 April 2014, - Annex 3: Pay bands and pay points on the second pay spine in England from 1 April 2013, - Annex 3: Pay bands and pay points on the second pay spine in England from 1 April 2012, - Annex 3: Pay bands and pay points on the second pay spine in England from 1 April 2011, - Annex 3 Pay bands and pay points on the second pay spine in England from 1 April 2010, - Annex 3: Pay bands and pay points in England from 1 April 2009, - Annex 3: Pay bands and pay points on the second pay spine in England from 1 April 2008, - Annex 3: Pay bands and pay points on the second pay spine in England from 1 November 2007, - Annex 3: Pay bands and pay points on the second pay spine in England from 1 April 2007, - Annex 3: Pay bands and pay points on the second pay spine in England from 1 April 2006, - Annex 3: Pay bands and pay points on the second pay spine in England from 1 April 2005, - Annex 3: Pay bands and pay points on the second pay spine in England from 1 October 2004, - Annex 4: Working or providing emergency cover outside normal hours, - Annex 5: Provisions for unsocial hours payments for ambulance staff, - Annex 6: Provisions for unsocial hours payments for ambulance staff, - Annex 7: Good practice guidance on managing working patterns, - Annex 10: Local recruitment and retention premia, - Annex 11: Additional freedoms for NHS foundation trusts in England, - Annex 16: Coverage of NHS Pay Review Body (NHSPRB), - Annex 17: Classification of leads and allowances listed by staff group, - Annex 18: Withdrawal of nationally agreed recruitment and retention premia and transitional arrangements, - Annex 19: Local appeals procedures (England), - Annex 19: Local appeals procedures (Scotland, Wales and Northern Ireland), - Annex 20: Development of professional roles, - Annex 21: Arrangements for pay and banding of trainees, - Annex 22: Scotland's partnership information network policies (Scotland), - Annex 24: Guidance on workforce reprofiling (England and Wales*1), - Annex 25: Arrangements for general and public holidays over the Christmas and New Year holiday periods, - Annex 26: Managing sickness absences - developing local policies and procedures, - Annex 27: Principles and best practice of partnership working, - Annex 28: Guidance on frequently asked questions (FAQs) (England and Wales*1), - Annex 28: Guidance on frequently asked questions (FAQs) (Scotland and Northern Ireland), - Annex 29: Principles for harmonised on-call arrangements. 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. A spokesman said: “As part of the NHS staff council pay, terms and conditions deal we have a commitment to look at enhancing shared parental leave for all NHS staff. 15.49 Following notification of their intention to take shared parental leave, an employee should provide notice to book a period of leave. 15.54 In instances where discontinuous periods of leave are requested, employers are not bound to agree the requested pattern. The government website https: //www.gov.uk/maternity-allowance unpaid ) an employee should provide appropriate for. By local agreement in exceptional circumstances: November 2016 Page 4 of 28 5 periods of leave requested. Shared-Parental-Leave.Pdf: Download: Download: Download days from the end of the three booking notifications cap information... 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