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HR Policy
To Be Categorised
HR45
HR Directorate
HR Policy Group
Director of Workforce, Employee Director
01 July 2016
24 October 2019
24 October 2022
3

General Note

NHS Fife acknowledges and agrees with the importance of regular and timely review of policy/procedure statements and aims to review policies within the timescales set out.

New policies/procedures will be subject to a review date of no more than 1 year from the date of first issue.

Reviewed policies/procedures will have a review date set that is relevant to the content (advised by the author) but will be no longer than 3 years.

If a policy/procedure is past its review date then the content will remain extant until such time as the policy/procedure review is complete and the new version published, or there are national policy or legislative changes.

 

TABLE OF CONTENTS

 

1

Policy Statement

2

2

Shared Parental Leave

2

3

Entitlement to Shared Parental Leave

3

4

Ending Maternity/Adoption Leave

4

5

Opting into Shared Parental Leave and Pay

5

6

Early Birth and Special Circumstances – Effect on

Shared Parental Leave

6

6.1

Early birth

6

6.2

Death of a Child

6

6.3

Partner No Longer Caring for the Child

6

6.4

Death of a Parent

7

7

Evidence of Entitlement

7

8

Notifying Us of your SPL Dates

7

9

Procedure for Requesting Split Periods of SPL

7

10

Changing the Dates or Cancelling your SPL

8

11

Shared Parental Pay

9

12

Other Terms During Shared Parental Leave

10

13

Shared Parental Leave In Touch Days (SPLIT)

11

14

Returning to Work

11

15

Resolution of Disagreements

12

16

Policy Review

12

 

Glossary

13

 

Appendices A - G

14

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. POLICY STATEMENT

 

This policy outlines the arrangements for shared parental leave and pay in relation to the birth or adoption of a child.

 

The definitions applicable in this policy in relation to the birth of a child are:

 

Expected week of childbirth (EWC): the week, beginning on a Sunday, in which the doctor or midwife expects your child to be born;

Parent: One of two people who will share the main responsibility for the child's upbringing (and who may be either the mother, the father, or the mother's partner if not the father);

Partner: spouse, civil partner or someone living with another person in an enduring family relationship, but not a sibling, child, parent, grandparent, grandchild, aunt, uncle, niece or nephew.

Qualifying Week: the fifteenth week before the expected week of childbirth.

 

The definitions applicable in this policy in relation to the adoption of a child are:

 

Partner: your spouse, civil partner or someone living with you in an enduring family relationship at the time the child is placed for adoption, but not your sibling, child, parent, grandparent, grandchild, aunt, uncle, niece or nephew.

Qualifying Week: the week the adoption agency notifies you that you have been matched with a child for adoption.

 

2. 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. It applies in respect of children who were born on or after 5 April 2015. It is also available where an adoption agency placed a child with you and/or your partner after 5 April 2015.

 

2.2 In the case of adoption,it provides a more flexible alternative to the default system whereby one partner may qualify for up to 52 weeks' adoption leave and the other partner may qualify for up to two weeks' ordinary paternity leave.

 

2.3 In birthcases, SPL allows parents to take up to 52 weeks leave in total (2 of which has to be Maternity Leave) on the birth of a child. They can take this leave at the same time, or at different times.

 

2.4 In the case of adoption, under the SPL system, up to 50 weeks of the adoption leave entitlement may be designated as SPL. (The adopter can end their adoption leave once they have taken it for two weeks). Assuming you are both eligible, you and your partner can choose how you split that leave between you. You may be able to take this leave at the same time or at different times. You may also be able to take it in more than one block.

 

 

3. ENTITLEMENT TO SHARED PARENTAL LEAVE

 

3.1 You are entitled to SPL in relation to the birthof a child if:

  • you are the child's mother, and share the main responsibility for the care of the child with the child's father (or your partner, if the father is not your partner);
  • you are the child's father and share the main responsibility for the care of the child with the child's mother; or
  • you are the mother's partner and share the main responsibility for the care of the child with the mother (where the child's father does not share the main responsibility with the mother).

 

3.2 You may also be entitled to SPL in relation to the adoptionof a child if an adoption agency has placed a child with you and/or your partner for adoption, and you intend to share the main responsibility for the care of the child with your partner.

 

3.3 In both birth and adoptioncases, the following conditions must also be fulfilled:

 

  • you must have at least 26 weeks continuous employment with NHS Board by the end of the Qualifying Week, and must still be employed by NHS Board in the week before the leave is to be taken;
  • the other parent (or in adoption cases, your partner) must have worked (in an employed or self-employed capacity) in at least 26 of the 66 weeks before the EWC or Qualifying Week and had average weekly earnings of at least £30 during 13 of those weeks; and
  • In birthcases, you and the other parent must give the necessary statutory notices and declarations as summarised below, including notice to end any maternity leave, statutory maternity pay (SMP) or maternity allowance (MA) periods.
  • In adoptioncases, you and your partner must give the necessary statutory notices and declarations as summarised below, including notice to end adoption leave or statutory adoption pay (SAP).
  • In adoptioncases, either you or your partner must also qualify for statutory adoption leave and/or SAP, and must take at least two weeks of adoption leave and/or pay.

 

3.4 If your partner is taking adoption leave and/or claiming SAP, you may be entitled to two weeks' paternity leave and pay (see our Paternity Leave Policy). You should consider using this before taking SPL. Paternity leave is additional to any SPL entitlement you may have, but you will lose any untaken paternity leave entitlement once you start a period of SPL.

 

3.5 In birthcases, the total amount of SPL available is 52 weeks, less the weeks spent by the child's mother on maternity leave (or the weeks in which the mother has been in receipt of SMP or MA if she is not entitled to maternity leave). In the case of adoption,the total amount of SPL available is also 52 weeks, less the weeks of adoption leave taken by either you or partner (or the weeks in which your partner has been in receipt of SAP if they were not entitled to adoption leave).

 

3.6 In birthcases, if you are the mother, you cannot start SPL until after the compulsory maternity leave period, which lasts until two weeks after birth.

 

3.7 In adoptioncases, the adopter can not start SPL until 2 weeks of adoption leave has been taken.

 

3.8 In birthcases, if you are the child's father or the mother's partner, you should consider using your two weeks' paternity leave before taking SPL. Once you start SPL you will lose any untaken paternity leave entitlement. SPL entitlement is additional to your paternity leave entitlement. However, if you are not entitled to Paternity Leave, Shared Parental Leave can start from the date of birth.

 

3.9 Attached as Appendix A and Appendix B are two flowcharts, one for adoption and one for birth which will assist in determining entitlement to leave and pay.

 

4. ENDING MATERNITY/ADOPTION LEAVE

 

4.1 Inbirthcases, if you are the child's mother and are still on maternity leave, you must give us at least eight weeks' written notice to end your maternity leave before you can take SPL. In adoptioncases, this is also the same if you are taking or intend to take adoption leave and want to opt into the SPL scheme. The notice must state the date on which your maternity/adoption leave will end. You can give the notice before or after you give birth, or after adoption leave starts, but you cannot end your maternity / adoption leave until at least two weeks after birth, or in the case of adoption you must take at least two weeks’ adoption leave. Once the child’s mother ends Maternity leave she cannot go back onto maternity leave once she or her partner have started Shared Parental Leave. In both cases the Maternity/Adoption Leave Curtailment Notice Form (Appendix C) should be completed and submitted to your line manager.

 

4.2 The other parent or your partner may be eligible to take SPL from their employer before your maternity or adoption leave ends, but they cannot start it until you have given us your curtailment notice.

 

4.3 The curtailment notice is usually binding and cannot be revoked. You can only revoke a curtailment notice if maternity or adoption leave has not yet ended and one of the following applies:

 

  • If you realise that neither you nor the other parent / your partner are in fact eligible for SPL or ShPP, you can revoke the curtailment notice in writing up to eight weeks after it was given;
  • If you gave the curtailment notice before giving birth, you can revoke it in writing up to eight weeks after it was given, or up to six weeks after birth, whichever is later; or
  • If the other parent / your partner has died.

 

4.4 In birthcases, once you revoke a curtailment notice you cannot submit a second curtailment notice, unless the revocation was given in the in circumstances in paragraph 4.3 above. In adoptioncases, once you have revoked a curtailment notice you will be unable to opt back in to the SPL scheme.

 

4.5 Inbirthcases, if you are the child's father or the mother's partner, you will only be able to take SPL once the mother has either:

 

  • returned to work;
  • given her employer a curtailment notice to end her maternity leave;
  • given her employer a curtailment notice to end her SMP (if she is entitled to SMP but not maternity leave); or
  • given a curtailment notice to the Department of Work and Pensions to end her MA (if she is not entitled to maternity leave or SMP).

 

4.6 In adoptioncases, if your partner is taking adoption leave or claiming SAP from their employer, you will only be able to take SPL once your partner has either:

 

  • returned to work;
  • given their employer a curtailment notice to end adoption leave; or
  • given their employer a curtailment notice to end SAP (if they are entitled to SAP but not adoption leave).

 

 

5. OPTING IN TO SHARED PARENTAL LEAVE AND PAY

 

5.1 At the same time that you submit your Maternity/Adoption Leave Curtailment Notice Form, you must also submit, a notice to opt into the SPL scheme (see Appendix D or Appendix E, whichever is relevant or both if applicable), or a written declaration that the child's father or your partner has given his or her employer an opt-in notice and that you have given the necessary declarations in that notice. This must be submitted no less than eight weeks before the date you intend your SPL to start.

 

This form needs to provide the following information:

  • your name and the name of the other parent (or in adoptioncases, the name of your partner);
  • In birthcases, if you are the child's mother, the start and end dates of your maternity leave;
  • In birthcases, if you are the child's father or the mother's partner, the start and end dates of the mother's maternity leave, or if she is not entitled to maternity leave, the start and end dates of any SMP or MA period;
  • In the case of adoption,if you are taking adoption leave, your adoption leave start and end dates;
  • In the case of adoption,if you are not taking adoption leave, your partner's adoption leave start and end dates, or if your partner is not entitled to adoption leave, the start and end dates of their SAP;
  • The total SPL to be taken, which is 52 weeks minus the number of weeks' maternity leave, adoption leave, SMP, MA or SAP period (as appropriate) taken or to be taken by you or your partner;
  • How many weeks of the available SPL will be allocated to you and how much to the other parent / your partner. You can change the allocation by giving us a further written notice (See appendix F: Period of Leve Notice Form), and you do not have to use your full allocation;
  • If you are claiming statutory shared parental pay (ShPP), the total ShPP available, which is 39 weeks minus the number of weeks of the SMP, SAP or MA period taken or to be taken);
  • How much of the available ShPP will be allocated to you and how much to the other parent / your partner. (You can change the allocation by giving us a further written notice, and you do not have to use your full allocation);
  • An indication of the pattern of leave you are thinking of taking, including suggested start and end dates for each period of leave. This indication will not be binding at this stage, but please give as much information as you can about your future intentions; and
  • Declarations by you and the other parent / your partner that you meet the statutory conditions for entitlement to SPL and ShPP.

 

6. EARLY BIRTH AND SPECIAL CIRCUMSTANCES – EFFECT ON SHARED PARENTAL LEAVE

 

6.1 Early Birth

If the child is born before the expected due date and you had booked to take SPL within the first eight weeks of the due date, you may take the same period of time off after the actual birth without having to provide eight weeks’ notice, by submitting a notice to vary your leave as soon as is reasonably practicable. Any leave arranged after the first eight weeks of the due date is still bound by the eight-week notice required to vary leave.

If the child is born more than eight weeks before their expected due date and the notice of entitlement to SPL and/or a notice to book SPL have not yet been given, then there is no requirement to give eight weeks’ notice before the period of leave starts. The notices should be given as soon as is reasonably practicable after the actual birth.

 

  1. Death of the Child

Should the child die before the parents have submitted a notice of entitlement to take SPL then you cannot opt into SPL because a qualifying condition is caring for a child. The mother will remain entitled to maternity leave and the mother’s partner may still qualify for paternity leave.

If the parents’ have opted into SPL and the have booked leave, you will still be entitled to take the booked leave. No further notice booking leave can be submitted and only one variation notice can be given to reduce a period of leave or to rearrange a discontinuous leave arrangement into a single block of leave.

If you are absent on SPL, you may cancel the agreed SPL and return to work by giving your employer eight weeks’ notice of your return to work.

  1. Partner No Longer Caring for the Child

If your circumstances change and you have already booked SPL and are no longer responsible for caring for the child (unless it is because the child has died), your entitlement to both SPL and ShPP will immediately cease and you must tell your line manager. If you have any SPL arranged within eight weeks of your entitlement ceasing, you may still be required to take it as SPL if it is not reasonably practical for you to return to work, for example because cover has been arranged. Any weeks of SPL arranged after eight weeks of your entitlement ceasing must be cancelled.

If the remaining parent will be continuing to care for the child, then you may still be eligible to take your SPL entitlement. If the other parent, who is no longer caring for the child had any SPL leave entitlement outstanding, the remaining parent will only be able to transfer it into their own entitlement if they can get the signed agreement of the other parent to a notice confirming a variation of leave entitlement.

 

  1. Death of a Parent

If either parent dies and the other parent is taking, or is entitled to SPL then they will continue to be eligible. Any SPL that was due to be taken by the deceased parent may be transferred to the other parent if the other parent is eligible for SPL.

 

7. EVIDENCE OF ENTITLEMENT

 

You must provide with your opt-in notice (see Appendix C) the following:

 

  • In birthcases, a copy of the birth certificate (or if you have not yet obtained a birth certificate, a signed declaration of the child's date and place of birth) or MATB1 certificate; or in the case of adoption, one or more documents from the adoption agency such as the Matching Certificate showing the agency's name and address and the expected placement date;

and

 

  • The name and address of the other parent's employer (or a declaration that they have no employer or that they are self-employed).

 

 

8. NOTIFYING US OF YOUR SPL DATES

 

8.1 Having opted into the SPL system, you will need to give a period of leave notice telling us the start and end dates of your leave. This can be given at the same time as your opt-in notice, or it can be given later, as long as it is given at least eight weeks before the start of your leave. You must also state in your period of leave notice the dates on which you intend to claim shared parental pay, if applicable.

 

8.2 If your period of leave notice gives dates for a single continuous block of SPL you will be entitled to take the leave set out in the notice.

 

8.3 You can give up to three periods of leave notices. This may enable you to take up to three separate blocks of shared parental leave. In exceptional circumstances we may agree to accept more than three periods of leave notices but there is no obligation for us to do so.

 

9. PROCEDURE FOR REQUESTING SPLIT PERIODS OF SPL

 

9.1 In general, a period of leave notice should set out a single continuous block of leave. However, in some cases, we may be willing to consider a period of leave notice where the SPL is split into shorter periods (of at least a week) with periods of work in between. It is best to discuss this with your manager in advance of submitting any formal period of leave notices. This will give us more time to consider the request and hopefully agree a pattern of leave with you from the start. During a period of Shared Parental Leave and Pay you will not be able to carry out any work including any work with NHS (Board).

 

9.2 You must submit a period of leave notice setting out the requested pattern of leave at least eight weeks before the requested start date. If we are unable to agree to your request straight away, there will be a two-week discussion period with your line manager. At the end of that period, your line manager will confirm any agreed arrangements in writing. If we have not reached an agreement, you will be entitled to take the full amount of requested SPL as one continuous block, starting on the start date given in your notice (for example, if you requested three separate periods of four weeks each, you will be entitled to one 12-week period of leave).

 

Alternatively, you may:

  • Choose a new start date (which must be at least 8 weeks after your original period of leave notice was given), and notify us of this new date within 5 days of the end of the two-week discussion: or
  • Withdraw your period of leave notice within 2 days of the end of the two-week discussion period (in which case it will not be counted and you may submit a new one is you choose).

 

10. CHANGING THE DATES OR CANCELLING YOUR SPL

 

10.1 You can cancel a period of leave by notifying us in writing at least eight weeks before the start date which you have given in the period of leave notice.

 

10.2 You can change the start date for a period of leave, or the length of the period of leave, by notifying us in writing at least eight weeks' notice before the original start date and the new start date.

 

10.3 You can change the end date for a period of leave by notifying us in writing at least eight weeks before the original end date and the new end date.

 

10.4 You can change split periods of leave into a single continuous period of leave by notifying us in writing at least eight weeks before the start date.

 

10.5 You can request that a continuous period of leave be split into two or more discontinuous periods with periods of work in between. We will consider any such request in the way set out in paragraph 9.1 –9.2.

 

10.6 A notice to cancel or change a period of leave will count as one of your three periods of leave notices, unless:

 

  • in the case of a birth, the variation is a result of your child being born earlier or later than the EWC;
  • in the case of adoption, the variation is a result of the child being placed with you earlier or later than the expected placement date;
  • the variation is at our request; or
  • we agree otherwise.

 

 

11. SHARED PARENTAL PAY

 

11.1 Statutory Shared Parental Pay of up to 39 weeks (less any weeks of statutory maternity pay, maternity allowance or statutory adoption pay claimed by you or the other parent or your partner) may be available, provided you have at least 26 weeks' continuous employment with NHS Board at the end of the Qualifying Week and your average earnings are not less than the lower earnings limit set by the government each tax year. Statutory Shared Parental Pay is paid at a rate set by the government each year.

 

11.2 You may also qualify for contractual Shared Parental Pay if you have been continuously employed with one or more NHS employers during the 12 month period ending with the Qualifying Week. It is not a requirement that your partner is also employed by an NHS Scotland employer.

 

11.3 The number of weeks of full or half contractual Shared Parental Pay to which you are entitled as described in the following paragraphs, will be subject to deduction of the number of weeks of full or half contractual maternity or maternity support (paternity), or adoption pay as appropriate, which may already have been paid to you or your partner by us, or by another NHS Scotland employer, in respect of the child.

 

11.4 Subject to any deductions which will apply by virtue of paragraph 11.3 for the first eight weeks of your SPL, contractual Shared Parental Pay is full pay. Any statutory Shared Parental Pay that may be due for that period is included within the amount of the full pay.

 

11.5 For the next eighteen weeks of SPL, contractual Shared Parental Pay is half pay, plus any statutory Shared Parental Pay that may be due for that period. However, the combined total will not exceed full pay. If required, the amount of contractual Shared Parental Pay will be reduced in order to achieve this limit.

 

11.6 Examples of how paragraphs 11.3 to 11.5 will apply in different circumstances are as follows:

 

In birth cases:

 

11.6.1If either a) you and your partner both work at an NHS Scotland employer, or b) you are the mother and your partner does not work at an NHS Scotland employer, then in both cases after the first 2 weeks of compulsory maternity leave, there remains an entitlement to 6 weeks full pay followed by 18 weeks of half pay, which can either be used on further maternity leave or SPL. (it is important to note that if the mother and father both work with the NHS, the entitlement to 8 weeks at full pay should not be subject to the deduction of any weeks of full pay which the father takes as maternity support (paternity), as that would mean that the couple would be worse off by 2 weeks pay by taking SPL.) If either a) you and your partner, or b) you, opt into SPL, then the number of weeks of contractual Shared Parental Pay to which you are entitled is the same as the number of weeks of contractual maternity pay which is unused at the point in time when you start SPL. It is important to note that if you have taken leave prior to the birth, then it will only be the balance of the leave that is left that will be due and not necessarily the full amount as outlined above.

11.6.2If you are the mother’s partner, and the mother does not work for an NHS Scotland employer, then your entitlement to contractual Shared Parental Pay is to 8 weeks full pay and 18 weeks half pay. However, if you have taken maternity support (paternity) leave, then the 8 weeks full pay is reduced by the number of weeks of paid maternity support (paternity) leave which you have taken.

In adoption cases:

11.6.3If either a) you and your partner both work at an NHS Scotland employer or b) you are the partner with primary caring responsibilities and your partner does not work at an NHS Scotland employer then in both cases after the first 2 weeks of adoption leave, there remains an entitlement to 6 weeks full pay followed by 18 weeks of half pay, which can either be used on further adoption leave by the partner with primary caring responsibilities, or on SPL. (It is important to note that if the mother and father both work with the NHS, the entitlement to 8 weeks at full pay should not be subject to the deduction of any weeks of full pay which the father takes as maternity support (paternity) as that would mean that the couple would be worse off by 2 weeks pay by taking SPL.) If either a) you and your partner or b) you, opt into SPL, then the number of weeks of contractual Shared Parental Pay to which you are entitled is the same as the number of weeks of adoption pay which is unused at the point in time when you start SPL. . It is important to note that if you have taken leave prior to the birth, then it will only be the balance of the leave that is left that will be due and not necessarily the full amount as outlined above.

11.6.4If your partner has the primary caring responsibilities and does not work for an NHS Scotland employer, then your entitlement to contractual Shared Parental Pay is to 8 weeks full pay and 18 weeks half pay. However, if you have taken maternity support (paternity) leave then the 8 weeks full pay is reduced by the number of weeks of paid maternity support (paternity) leave which you have taken.

11.7 Payment of contractual Shared Parental Pay is conditional upon you confirming in writing, before starting SPL, that you intend to return to work for at least six months after the end of your SPL. If you later decide not to return to work for this minimum period, you must repay any contractual Shared Parental Pay (but not statutory Shared Parental Pay) which you have received. In cases where we consider that to enforce this provision would cause undue hardsip or distress, we will have the discretion to waive our rights to recovery in line with local Board policies.

11.8 Shared Parental Pay for the mother working in the NHS will be calculated on the same basis as her maternity pay. Shared Parental Pay for the partner will be calculated using the average weekly earnings rules used for calculating Statutory Maternity Pay entitlements, subject to the qualifications set out within section 15.23 of the NHS Terms and Conditions of Service Handbook.

 

12. OTHER TERMS DURING SHARED PARENTAL LEAVE

 

12.1 Your terms and conditions of employment remain in force during SPL, except for the terms relating to pay.

 

12.2 Annual leave and public holidays will continue to accrue during Shared Parental Leave, whether paid or unpaid, provided for by this agreement. Where the amount of accrued annual leave and public holidays would exceed normal carry over provisions, it may be mutually beneficial to both the employer and employee for the employee to take annual leave before and/or after the formal (paid and unpaid) maternity leave period. The amount of annual leave to be taken in this way, or carried over, should be discussed and agreed between the employee and employer.

 

12.3 If you are a member of the pension scheme, we will make employer pension contributions during any period of paid SPL, based on your normal salary, in accordance with the pension scheme rules. Your employee contributions will be based on the amount of any shared parental pay you are receiving..

 

13. SHARED PARENTAL LEAVE IN TOUCH DAYS (SPLIT) DAYS

 

13.1 We may make reasonable contact with you from time to time during your SPL although we will keep this to a minimum. This may include contacting you to discuss arrangements for your return to work.

 

13.2 You may ask or be asked to work on up to 20 Shared Parental Leave in Touch Days (SPLIT) during your SPL. This is in addition to any Keep in Touch (KIT) days that you may worked during maternity or adoption leave. There is no obligation on NHS (Board) to offer these days or for you to agree to them. SPLIT days can be used in situations where both parties feel it would be beneficial for you to attend a work-related activity, for example a training session or a team meeting, or to work part of a week to help you to return to your role in a gradual way. You should complete a SPLIT Day Payment Request Form and have this signed by your line manager to ensure payment for any hours worked.

 

13.3 During a period of Shared Parental Leave and Pay, payment for the Shared Parental Leave will be offset by the amount of pay for work done on any SPLIT days to ensure that you do not receive any more than your full pay for any period worked.

 

14. RETURNING TO WORK

 

14.1 If you want to end a period of SPL early, you must give us eight weeks' prior notice of the return date. It is helpful if you give this notice in writing.

 

14.2 If you want to extend your SPL, assuming you still have unused SPL entitlement remaining, you must submit a new period of leave notice at least eight weeks before the date you were due to return to work, assuming you still have SPL entitlement remaining and have not already submitted three period of leave notices. If you are unable to request more SPL, you may be able to request annual leave or ordinary parental leave. The decision on whether to grant this request will be subject to service need.

 

14.3 You are normally entitled to return to work in the position you held before starting SPL, and on the same terms of employment. However, if it is not reasonably practicable for us to allow you to return into the same position, we may give you another suitable and appropriate job on terms and conditions that are not less favourable, but only in the following circumstances:

  • if your SPL and any adoption, maternity or paternity leave you have taken adds up to more than 26 weeks in total (whether or not taken consecutively); or
  • if you took SPL consecutively with more than four weeks of ordinary parental leave (under our Parental Leave Policy).

 

14.4 If you want to change your hours or other working arrangements on return from SPL, you should make a request under our Flexible Working Policy. It is helpful if such requests are made as early as possible.

 

14.5 If you decide you do not want to return to work you should give notice of resignation in accordance with your contract.

 

15. RESOLUTION OF DISAGREEMENTS

No request for leave under this policy will be unreasonably refused. Should a disagreement arise, the individual has the right to raise a formal grievance, it may be preferable in such circumstances, however for a manager to seek advice on resolving the matter from an appropriate member of the HR Team and a Trade Union/or Professional Organisation representative.

 

16. POLICY REVIEW

This policy will be monitored, reviewed and evaluated every two years by the Area Partnership Forum, taking into consideration legislative changes and developments in good practice to ensure it meets the needs of all employees.

 

17. RELATED DOCUMENTS

  • Appendix A – Shared Parental Leave Flow Chart – Birth
  • Appendix B – Shared Parental Leave Flow Chart – Adoption
  • Appendix C – Maternity/Adoption Leave Curtailment Notice
  • Appendix D –Notice of Intention and Entitlement - Mother
  • Appendix E –Notice of Intention and Entitlement – Partner
  • Appendix F – Period of Leave Notice
  • Appendix G – Shared Parental Leave in Touch Days (SPLIT)
  • Pay Examples for Shared Parental Leave

 

 

18. REFERENCES

 

 

 

GLOSSARY

 

The definitions applicable in this policy in relation to the birth of a child are:

 

Expected week of childbirth (EWC): the week, beginning on a Sunday, in which the doctor or midwife expects your child to be born.

 

Parent: One of two people who will share the main responsibility for the child's upbringing (and who may be either the mother, the father, or the mother's partner if not the father).

 

Partner: spouse, civil partner or someone living with another person in an enduring family relationship, but not a sibling, child, parent, grandparent, grandchild, aunt, uncle, niece or nephew.

 

Qualifying Week: the fifteenth week before the expected week of childbirth.

 

The definitions applicable in this policy in relation to the adoption of a child are:

 

Partner: your spouse, civil partner or someone living with you in an enduring family relationship at the time the child is placed for adoption, but not your sibling, child, parent, grandparent, grandchild, aunt, uncle, niece or nephew.

 

Qualifying Week: the week the adoption agency notifies you that you have been matched with a child for adoption.

 

Other frequently used Terms included in this Policy are:

 

SPL Shared Parental Leave

 

SMP Statutory Maternity Pay

 

MA Maternity Allowance (The level of allowance provided to those who do not qualify for Statutory Maternity Pay)

 

SAP Statutory Adoption Pay

 

ShPP Statutory Shared Parental Pay

 

SPLIT Days Shared Parental Leave in Touch Days

 

 

 

 

 

APPENDIX A

Shared Parental Leave Flow Chart - Birth

 

What Shared Parental Pay and Leave am I entitled to receive on the Birth of a child?

 

What is the expected date of child birth? _____________________

 

The qualifying week which is 15 weeks before the expected date of child birth is ________________.

 

 

Follow the boxes to determine pay entitlements.

By the qualifying week, will you have worked in the NHS (without a break of service) for

12 months?

Are you intending to return to work, for at least 6 months, following Shared Parental Leave?

 

By the qualifying week, will you have 26 weeks service with NHS Fife and pay National Insurance onearnings?

By the qualifying week will you also have 26 weeks service with NHS Fife andpay National Insurance on earnings?

 

Contractual and Statutory entitlement**

Entitled to 8 weeks full pay then 18 weeks half pay plus ShPP* (providing this does not exceed full pay) then 13 weeks ShPP* followed by 13 weeks unpaid leave.

 

Yes

Yes

By the qualifying week, will you have 26 weeks service with NHS Fife and pay National Insurance on earnings?

 

Yes

Yes

Contractual entitlement only

Entitled to 8 weeks full pay then 18 weeks half pay then 26 weeks unpaid leave.

 

Statutory entitlement only***

Entitled to 39 weeks at the ShPP* rate followed by 13 weeks unpaid leave

 

 

Yes

No

 

No

 

No

 

No

 

No Shared Parental Leave entitlement

 

Confirm resignation in writing as no pay entitlement and no planned return

No

 

Outcome 6.

Resignation required as no payments due.

No

Outcome 5.

You are entitled to 52 wks unpaid leave.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*ShPP- Statutory Shared Parental Payrates are set by the government each year

 

** The above entitlements will be reduced by any periods of contractual Maternity Leave, Statutory Maternity Leave, Maternity Allowance or Paternity Leave taken prior to the Shared Parental Leave start date.

 

*** The above entitlements will be reduced by any periods of Statutory Maternity leave or Maternity Allowance

 

Please note that the above is for guidance only, and once your application has been processed confirmation of leave and pay entitlements will be provided by NHS Fife.

 

 

 

 

APPENDIX B

Shared Parental Leave Flow Chart - Adoption

 

What Shared Parental Pay and Leave am I entitled to receive on the Adoption of a child?

 

What is the expected placement date? _____________________

 

 

 

Follow the boxes to determine pay entitlements.

By the expected placement date, will you have worked in the NHS(without a break of service) for

12 months?

Are you intending to return to work, for at least 6 months following Shared Parental Leave?

 

By the expected placement date,will you have 26 weeks service with NHS Fife andpay National Insurance on earnings?

By the expected placement date, will you also have 26 weeks service with NHS Fife andpay National Insurance on earnings?

 

Contractual and Statutory entitlement**

Entitled to 8 weeks full pay then 18 weeks half pay plus ShPP* (providing this does not exceed full pay) then 13 weeks ShPP* followed by 13 weeks unpaid leave.

 

Yes

Yes

By the expected placement date, will you have 26 weeks service with NHS Fife andpay National Insurance on earnings?

 

Yes

Yes

Contractual entitlement only

Entitled to 8 weeks full pay then 18 weeks half pay then 26 weeks unpaid leave.

 

Statutory entitlement only***

Entitled to 39 weeks at the ShPP* rate

Followed by 13 weeks unpaid leave

 

 

Yes

No

 

No

 

No

 

No

 

No shared parental leave entitlement

 

Confirm resignation in writing as no pay entitlement and no planned return

 

No

 

Outcome 6.

Resignation required as no payments due.

No

Outcome 5.

You are entitled to 52 wks unpaid leave.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*ShPP- Statutory Shared Parental Payrates are set by the government each year

 

** The above entitlements will be reduced by any periods of contractual Maternity Leave, Statutory Maternity Leave, Maternity Allowance or Paternity Leave taken prior to the Shared Parental Leave start date.

 

*** The above entitlements will be reduced by any periods of Statutory Maternity leave or Maternity Allowance

 

Please note that the above is for guidance only, and once your application has been processed confirmation of leave and pay entitlements will be provided by NHS Fife.

 

 

 

 

 

 

 

 

Shared Parental Leave: Maternity/Adoption Leave Curtailment Notice (Appendix C)

Name of employee:

 

Pay Number:

 

Job Title:

 

Department, Location and Contact details:

 

 

 

Please accept this as my notice that I wish to curtail my ordinary/additional maternity /adoption leave and pay to enable Shared Parental Leave to be taken by either myself or my partner. I understand that if I am in receipt of maternity allowance that I must advise the Department of Work and Pensions of my intention to curtail my maternity leave. I also understand that I can only reinstate my maternity/adoption leave if I revoke this notice before the curtailment date given below.

Date maternity/adoption leave started or intends to start:

 

Date maternity/adoption leave ceased or intends to cease:

 

Expected date of birth of the child, where the curtailment notice is given prior to the baby being born:

 

Number of weeks maternity/adoption leave taken:

 

Number of weeks of shared parental leave available:

 

Prior to signing please note

 

You should submit this form together with the organisation's form for a mother to provide a notice of entitlement and intention to take Shared Parental Leave (Appendix D) or the declaration that your partner has provided a notice of entitlement and intention to take Shared Parental Leave to his/her employer and that you consent to the amount of leave that he/she intends to take.

The date on which you wish to curtail your maternity/adoption leave must be at least:

  • eight weeks after the date on which you provide this notice to the organisation;
  • two weeks after you give birth or after two weeks of adoption leave; and
  • one week before what would have been the end of your additional maternity leave.

Signed (Mother) :

 

Dated:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Shared Parental Leave: Notice of Intention and Entitlement (Appendix D)

(To be completed if you are the Mother working for NHS Fife)

 

Name of Employee:

 

 

Pay Number:

 

 

Job Title:

 

 

Department, Location and Contact Details::

 

 

I wish to provide the organisation with an indication of my proposed Shared Parental Leave, as well as the required declarations from myself and my partner.

 

Section A: Information to be Provided by Employee – Please Print

 

My partner's name is:

 

 

The total amount of shared parental leave my partner and I have available is:

 

(This will be 52 weeks less the total number of maternity/adoption weeks taken and less the total number of weeks of Shared Parental Leave already taken by me or my partner)

 

 

I intend to take the following periods of Shared Parental Leave:

(Maximum of 3 periods, running in complete weeks Monday to Sunday)

 

(If you can not provide all of this information at this point you can submit a separate application in the future – see Appendix F)

 

 

Starting on Monday the

Ending on Sunday the

No of weeks

Period 1

 

 

 

Period 2

 

 

 

Period 3

 

 

 

 

 

TOTAL NUMBER OF WEEKS

 

 

 

My partner intends to take the following periods of Shared Parental Leave:

(Maximum of 3 periods, running in complete weeks Monday to Sunday)

 

(If you can not provide all of this information at this point you can submit a separate application in the future – see Appendix F)

 

 

Starting on Monday the

Ending on Sunday the

No of weeks

Period 1

 

 

 

Period 2

 

 

 

Period 3

 

 

 

 

 

TOTAL NUMBER OF WEEKS

 

 

 

       

 

 

 

 

Section B: Declaration to be completed by the Employee

By submitting this application form I satisfy/will satisfy the following eligibility requirement to take Shared Parental Leave:

 

Eligibility requirement

Tick

I have/will have 26 weeks' continuous employment ending with the 15th week before the expected week of childbirth and, by the week before any period of shared parental leave that I take, I will have remained in continuous employment with the organisation

 

At the date of the child's birth, I have/will have the main responsibility, apart from my partner, for the care of the child

 

I am entitled to statutory maternity/adoption leave in respect of the child and will refrain from any paid employment during this period

 

I have complied with the organisation's maternity/adoption leave curtailment requirements (including taking at least 2 weeks maternity leave following the birth of my child or 2 weeks adoption leave), have returned to work before the end of my statutory maternity leave period, if appropriate, and will comply with the organisation's shared parental leave notice and evidence requirements

 

I agree to return to work for a period of 6 months following Shared Parental Leave and understand that if I do not I will be required to repay any Contractual Shared Parental Pay received

 

 

I can confirm that the information I have provided is accurate. I understand that by submitting incorrect information on this form, I may be subject to disciplinary proceeding and the information contained in this form may be passed to Counter Fraud Services.

I will immediately inform the organisation if I cease to care for the child.

Signed (mother):

 

Dated :

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section C: Declaration to be Completed by Employee's Partner

My name is:

 

My address is:

 

 

 

My national insurance number is:

(Please advise if you have no national insurance number)

 

The name, address and contact details of my employer is:

 

 

 

 

 

By signing this application form I satisfy/will satisfy the following eligibility requirement to enable

the mother to take shared parental leave:

 

Eligibility requirement

Tick

I have been employed or been a self-employed earner within the UK for at least 26 of the 66 weeks immediately preceding the expected week of childbirth/adoption start date

 

I have or will have earned in total average weekly earnings of at least £390 in any of the 13 weeks of the 66 weeks before the expected week of childbirth/adoption start date

 

At the date of the child's birth/adoption start date, I have/will have the main responsibility, apart from the mother, for the care of the child

 

I am the father of the child, or at the date of the birth I was/will be the mother’s spouse, civil partner or living with the mother and her child in an enduring relationship.

 

I consent to the amount of Shared Parental Leave/Shared Parental Pay which the mother intends to take, as set out in this application.

 

 

I confirm the dates of the shared parental leave detailed in this intention notice and consent

to NHS Fife processing this application. I also consent to NHS Fife contacting my employer

to obtain information relating to this shared parental leave application if required.

Signed (partner):

 

Dated :

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Shared Parental Leave: Notice of Intention and Entitlement (Appendix E)

(To be completed if you are the Partnerworking for NHS Fife)

Name of Employee:

 

Pay Number:

 

Job Title:

 

Department, Location and Contact Details:

 

I wish to provide the organisation with an initial indication of my proposed shared parental leave, as well as the required declarations from myself and the mother.

Section A: Information to be Provided by Employee – Please Print

The mother's name is:

 

My child's expected week of birth is/child was born on/adoption date:

 

The mother's maternity/adoption leave started/is expected to start on:

(Date A)

The mother's maternity/adoption leave ended/is expected to end on

(Date B)

Number of weeks maternity/adoption leave taken between Date A & B:

(Date C)

The total amount of Shared Parental Leave the mother and I have available is (52 weeks less Date C):

 

I intend to take the following period/s of Shared Parental Leave

(Maximum of 3 periods, running in complete weeks Monday to Sunday)

(If you cannot provide all of this information at this point you can submit a separate application in the future – see Appendix F)

 

 

Starting on Monday the

Ending on Sunday the

No of weeks

Period 1

 

 

 

Period 2

 

 

 

Period 3

 

 

 

 

 

TOTAL NUMBER OF WEEKS

 

 


 

 

The mother intends to take the following period/s of shared parental leave (Maximum of 3 periods,

running in complete weeks Monday to Sunday) :

 

(If you can not provide all of this information at this point you can submit a separate application in the

future – see Appendix F)

 

 

Starting on Monday the

Ending on Sunday the

No of weeks

Period 1

 

 

 

Period 2

 

 

 

Period 3

 

 

 

 

 

TOTAL NUMBER OF WEEKS

 

 

 

Section B: Declaration to be completed by Employee

 

By submitting this application form I declare that I satisfy/will satisfy the following eligibility

requirement to take Shared Parental Leave:

 

Eligibility requirement

Tick

I have/will have 26 weeks' continuous employment ending with the 15th week before the expected week of childbirth/adoption date and, by the week before any period of shared parental leave that I take, I will have remained in continuous employment with the organisation

 

At the date of the child's birth/adoption date, I have/will have the main responsibility, apart from the mother, for the care of the child and will refrain from any paid employment during the period of leave

 

I will comply with the organisations shared parental leave notice and evidence requirements

 

I am the father of the child, or at the date of the birth/adoption date I was/will be the mother’s spouse, civil partner or living with the mother and her child in an enduring relationship.

 

I will immediately inform he organisation if I cease to care for the child or if the child's mother informs me that she has revoked the curtailment of her maternity/adoption leave or SMP/Maternity Allowance/Adoption Pay

 

I have attached copy of the MAT B1 Form/Child’s Birth Certificate

 

I agree to return to work for a period of 6 months following Shared Parental Leave and understand that if I do not I will be required to repay any Contractual Shared Parental Pay received

 

I consent to the amount of Shared Parental Leave/Shared Parental Pay which the mother intends to take, as set out in this application.

 

 

 

I can confirm that the information I have provided is accurate. I understand that by submitting

incorrect information on this form, I may be subject to disciplinary proceedings and the information

contained in this form may be passed to Counter Fraud Services. I will immediately inform the

organisation if I cease to care for the child.

 

Signed (partner):

 

 

Dated :

 

 

         

 

 

 

 

 

 

 

 

Section C: Declaration to be Completed by the Mother

My name is:

 

My address is:

 

My national insurance number is:

(Please advise if you have no national insurance number)

 

The name, address and contact details of my employer is:

 

By signing this application form I satisfy/will satisfy the following eligibility requirement to enable

my partner to take Shared Parental Leave:

 

Eligibility requirement

Tick

At the date of the child's birth/adoption date, I have/will have the main responsibility, apart from the mother, for the care of the child

 

I am entitled to statutory maternity/adoption leave and/or statutory maternity/adoption pay or maternity allowance in respect of the child and have reduced or will reduce my maternity/adoption period and the remainder will be available as Shared Parental Leave.

 

I have curtailed or will curtail my entitlement to maternity/adoption leave and/or pay and have returned to work before the end of my statutory maternity leave period.

 

I will immediately inform my partner’s employer if I revoke my notice to curtail my maternity/adoption leave or if I am not entitled to maternity/adoption leave, Statutory Maternity/Adoption Pay or Maternity Allowance.

 

 

I confirm the dates of the shared parental leave detailed in this intention notice and consent to

NHS Board processing this application. I also consent to NHS Board contacting my employer

to obtain information relating to this shared parental leave application if required.

Signed (Mother):

 

Dated :

 

     

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Shared parental leave: Period of Leave Notice (Appendix F)

 

Name of employee:

 

Pay Number:

 

Job Title::

 

Department, Location and Contact Details:

 

I wish to take the following period(s) of Shared Parental Leave. Please complete either section A orsection B.

My child's expected week of birth is/child was born on:

 

 

Section A: please fill out if your child has already been born or if you know the exact dates on which you would like to take shared parental leave.

 

I intend to take shared parental leave on the following dates

 

 

Starting on Monday the

Ending on Sunday the

No of weeks

Period 1

 

 

 

Period 2

 

 

 

Period 3

 

 

 

 

 

TOTAL NUMBER OF WEEKS

 

 

Section B: please fill out if your child has not been born yet and you wish your shared parental leave to start either on the day on which your child is born, or a specified number of days after the day on which your child is born. (tick to indicate)

 

Start date

Tick

I wish my shared parental leave to start on the day on which my child is born

 

I wish my shared parental leave to start __________ days following the date on which my child is born.

 

 

Signed:

 

Date:

 


 

SECTION C: AUTHORISATION– to be completed by Line manager

 

 

Having considered the above request for Shared Parental Leave I have circled the outcome below and confirm this was discussed with the staff member.

 

Approve block – Continuous

Approve blocks- Discontinuous

Alternative Blocks -Discontinuous

Declined blocks- Discontinuous

Alternative blocks, if applicable

 

Starting on Monday the

Ending on Sunday the

No of weeks

Period 1

 

 

 

Period 2

 

 

 

Period 3

 

 

 

 

 

TOTAL NUMBER OF WEEKS

 

 

Signed –

Line Manager

 

Dated

 

Print Name

 

Job Title

 

               

 

 

 

I confirm that the alternative discontinuous blocks above are acceptable to me.

Signed –

Staff Member

 

Dated

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIXG

 

 

SHARED PARENTAL LEAVE IN TOUCH DAYS (SPLIT) – PAYMENT REQUEST FORM

 

 

EMPLOYEE NAME: ________________________________________________

(in block capitals)

PAY NUMBER:­­­­­­­­_______________ GROUP CODE ­­­­_________ PAY POINT _________

 

Please pay the above named employee at the normal appropriate hourly rate for the hours detailed below which were worked as “SPLIT ” Day(s) during a period of Shared Parental Leave.

 

It is understood that this payment will be made less the appropriate statutory payment (if applicable) and will not therefore exceed normal contractual (NHS) pay.

 

 

 

Date of Shift

 

Start Time

 

End Time

Total No. of

Hours To be

Paid For

Any Additional Information

(eg. any enhancements etc)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employee Signature: _______________________________ Date: ________________

 

 

Authorising Manager: ________________________________Date: ________________

 

_________________________________________

(BLOCK CAPITALS)

 

 

Authorised Signature (HR): _____________________________Date: ________________

 

___________________________________________

(BLOCK CAPITALS)

 

Please send form to: