Family leave policy

1 Introduction

This policy complies with the relevant employment legislation and Agenda for Change terms and Conditions of Service and Statutory Regulations relating to maternity, new parent support leave, shared parental leave and adoption leave.

The trust is committed to ensuring the health, safety and wellbeing of all of its employees as far as is reasonably practicable. 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, new parent support leave, shared parental leave or adoption leave.

2 Purpose

The purpose of this policy is to provide all the necessary information to employees relating to their statutory and occupational entitlements in relation to maternity, new parent support leave, shared parental leave and adoption leave.

This will ensure that all pregnant employees and nursing mothers are extended appropriate health, safety and welfare conditions throughout the trust, meeting the statutory duties contained within the relevant sections of the Management of Health and Safety at Work Regulations (1999).

3 Scope

This policy applies to all employees (including full or part time employees) employed by the trust, who may be entitled to statutory and occupational entitlements dependent upon the entitlement criteria is satisfied and all pregnant employees from the date they inform their manager of their pregnancy to 18 months post birth.

The policy does not apply to individuals employed by agencies, other than in relation to antenatal appointments (after a twelve-week qualifying period) or when a pregnancy is disclosed. In this case seek specific advice from the Human Resources team or refer back to the appropriate employer.

4 Responsibilities, accountabilities and duties

4.1 Lead director

The director of people and organisational development has responsibility for the implementation of this policy and coordination of an appropriate communication strategy together with ensuring that appropriate monitoring arrangements are in place.

4.2 Line managers

4.2.1 Pregnancy and maternity leave

As soon as the employee makes their line manager aware of their pregnancy, it is the responsibility of the immediate line manager to direct the employee to this policy. The line manager is to complete the pregnant workers assessment, available at appendix L and carry out any actions deemed necessary as a result of the assessment, reviewing this assessment at regular intervals to ensure it remains valid.

On return to work nursing mothers should also receive a risk assessment in order to identify any risks or requirements for the workplace.

Managers should advise their employee to read through this policy carefully and should there be any areas that require clarification, it is the responsibility of the line manager to contact the Human Resources team initially.

4.2.2 Shared parental, adoption, or new parent support leave

Once the line manager has been made aware of an employee’s intention to take leave, managers should advise their employee to read through this policy carefully and should there be any areas that require clarification, it is the responsibility of the line manager to contact the Human Resources team initially.

4.3 Human Resources team

It is the responsibility of the Human Resources team to support and advise managers and colleagues in the application of this procedure, ensuring consistency is applied.

4.4 Individual employees

4.4.1 Maternity leave

It is the responsibility of each employee to:

• read and co-operate fully with the requirements of this policy
• notify their line manager as soon as they have knowledge of pregnancy or if they are a nursing mother
• comply with any measures implemented by their manager to reduce or eliminate risks
• notify their manager of any problems encountered within their working environment at any time during pregnancy or whilst a nursing mother
• communicate fully regarding the circumstances for the leave request
• communicate appropriately during any authorised leave
• notify their line manager if they wish to take shared parental leave in accordance with section 4.4

4.4.2 Shared parental leave

It is the responsibility of each employee to:

• notify their line manager as soon as they have knowledge of their intentions to take shared parental leave
• co-operate fully with the requirements of this policy
• communicate fully regarding the circumstances for the leave request
• communicate appropriately during any authorised leave

4.4.3 Adoption leave

It is the responsibility of each employee to:

• notify their line manager as soon as they have knowledge of their intentions to take adoption leave
• co-operate fully with the requirements of this policy
• communicate fully regarding the circumstances for the leave request
• communicate appropriately during any authorised leave
• notify their line manager if they wish to take shared parental leave in accordance with section 4.4.2

4.4.4 New parent support leave

It is the responsibility of each employee to:

• notify their line manager as soon as they have knowledge of their intentions to take new parent support leave
• co-operate fully with the requirements of this policy
• communicate fully regarding the circumstances for the leave request
• communicate appropriately during any authorised leave
• notify their line manager if they wish to take shared parental leave in accordance with section 4.4.2

5 Procedure

5.1 General provisions maternity leave, shared parental leave, adoption leave

5.1.1 Payment and pension arrangements

The employee’s salary will continue to be paid on a monthly basis, however, the amount will vary depending on the employees’ entitlement to occupational maternity pay and statutory maternity pay, shared parental pay, adoption pay and neonatal leave pay.

The employee can meet with pay services and request a projection of earnings whilst on maternity leave to allow them to plan for their period of leave effectively. To arrange this meeting colleagues should contact pay services via email at rdash.payservices@nhs.net.

By prior agreement with pay services, maternity pay may be paid in a different way, for example, a combination of full and half pay or a fixed amount spread equally over the maternity leave period. If the employee pays contributions to the NHS Pension Scheme and does not intend to return to work, they may, if they wish, continue to pay contributions during the statutory maternity, adoption, or shared parental leave period.

If an employee is a member of the NHS Pensions Scheme, in order to ensure the continuity of pensionable service, they will be liable to pay contributions throughout the whole of the maternity leave, including any unpaid periods. During unpaid leave, pension contributions will continue to accrue and will be deducted automatically as Pension Arrears on return from leave.

Members of the NHS Pensions scheme are advised to contact pay services regarding deduction of pension contributions during their leave.

5.1.2 Deductions from salary

5.1.2.1 Lease cars and salary sacrifice vehicles

Employees on maternity, shared parental, adoption or neonatal leave may continue to use their lease car. Whilst an employee is still receiving pay the normal deductions will be made from their salary. Once there is insufficient salary to cover the cost of the lease, then arrangements should be made by the employee to provide payment to cover the cost of the lease. Any employee who has a contract for a salary sacrifice vehicle is responsible for the deduction which will be taken from their salary, on a monthly basis for the duration of the maternity, shared parental, adoption or neonatal leave. Whilst an employee is still receiving pay the normal deductions will be made from their salary. Once there is insufficient salary to cover the cost of the salary sacrifice, then arrangements should be made by the employee to provide payment to cover the cost of the salary sacrifice. Please liaise with the Pay Services department for arrangements to be made.

5.1.2.2 Vivup salary sacrifice

Any employee who has a salary sacrifice items through Vivup is responsible for the deduction which will be taken from their salary, on a monthly basis for the duration of the maternity, shared parental, adoption or neonatal leave. Whilst an employee is still receiving pay the normal deductions will be made from their salary. Once an employee is no longer receiving occupational pay the payment for salary sacrifice items will be deferred until their return to work where repayment will resume

5.1.2.3 Trade union and professional organisation payments

Where an unpaid period of leave is involved, deductions from salary for trade union or professional organisation and other items such as social clubs and health schemes, or similar schemes will cease. This may cause problems with entitlement to benefits under the schemes, and the employee is advised to contact the scheme provider personally to arrange for payments to be kept up to date. The employee is also advised to contact their trade union or professional organisation regarding deductions during unpaid leave.

5.1.3 Keeping in touch, shared parental leave in touch days

Employees can work during their leave on a “keeping in touch day” (KIT) without bringing their leave to an end or losing their statutory maternity pay (SMP), statutory shared parental pay (ShPP) or statutory adoption pay (SAP). Any work carried out on a day or part of a day shall constitute a day’s work for these purposes.

Employees can work up to 10 keeping in touch days during maternity or adoption leave, but if on maternity leave not until at least 2 weeks after the birth of the child. There is no obligation for the Trust to offer such work or for the employee to accept. Keeping in touch days must be agreed and worked by mutual agreement between the manager and the employee.

For the purposes of shared parental leave employees will have an individual entitlement of up to 20 shared parental leave in touch days (SPLIT), without bringing their period of shared parental leave (SPL) to an end or impacting on their right to claim statutory shared parental pay for that week.

For more information please refer to appendix E guidance for keeping in touch days and appendix F keeping in touch pro forma.

5.1.4 Annual leave and public holidays

Contractual annual leave and general public holidays will continue to accrue during maternity, shared parental and adoption leave, whether paid or unpaid. Where the amount of accrued annual leave would exceed normal carry over provisions, it may be mutually beneficial for the employee to take annual leave before and, or after the paid and unpaid maternity leave, shared parental or adoption leave period. The amount of leave to be taken in this way, or carried over should be discussed and agreed between the employee and the employer, before the commencement of the maternity or shared parental or adoption leave.

Please note annual leave cannot be taken during any stage of maternity, shared parental adoption, and, or neonatal leave as this would cease the leave.

If a colleague has any untaken contractual annual leave prior to maternity or shared parental or adoption leave and their leave does not end until the following annual leave year, the remaining leave will be carried over.

5.2 Pregnant and nursing mothers

5.2.1 Risk assessment

A general workplace risk assessment will have been carried out previously which details the character of specific risks in the area to all employees.

The line manager should carry out a pregnant worker assessment (appendix M) as a priority upon notification of pregnancy which will build on that knowledge and be subject to further regular review to extrapolate those risks that need additional measures to be taken to protect the pregnant or nursing worker who may be more vulnerable.

The line manager will consider the physical, biological and chemical agents, processes and working conditions, which may affect the health and safety of new and expectant mothers. These are detailed in the guidance found at appendix N.

The risk assessment should be reviewed regularly, and as a minimum after 3 months, 6 months and after returning from maternity leave.

Line managers will ensure all pregnant workers or nursing mothers are informed of the results of the risk assessment and the actions to be taken to reduce or avoid them.

The risk assessment should be submitted to human resources along with the maternity certificate (MATB1) and application for maternity leave. Should there be a requirement for remedial measures to be taken this should be discussed with the relevant support service such as Human Resources, Health and Safety or Manual Handling team.

5.2.2 Reduction of risk

The following actions should be considered to reduce or avoid identified risk, this is not an exhaustive list and any reasonable adjustment should be considered:

• take into consideration any medical advice given to the employee, referring to the occupational health service for guidance as and when required
• remove, if possible, any substance deemed to be a hazard to pregnant employees or nursing mothers
• make alternative arrangements, if possible, for activities which are deemed to be a risk to the pregnant employee or a nursing mother
• adjust working conditions, for example, move to alternative location where less handling or contact with substances occur
• provide alternative shift work patterns (upon the advice of the occupational health service)
• make use of authorised absence at appropriate times

5.3 Maternity leave and, or pay

Maternity leave and, or pay will apply, in accordance with the qualifying conditions below, see 5.42, entitlement criteria, to colleagues expecting a baby who are employed by the trust.

5.3.1 Maternity abbreviations

5.3.2 Leave and pay

Entitlements to maternity leave and, or pay apply in accordance with the table attached (appendix A). All employees will have the right to take 52 weeks of maternity leave unless they opt to take shared parental leave.

To qualify for maternity leave employees must continue to be employed by the trust until the beginning of the 15th week before the expected week of childbirth.

To qualify for occupational maternity pay employees must:

• have completed 12 months continuous service with one or more NHS employers at the beginning of the 11th week before the expected week of childbirth
• a break in service of 3 months or less will be disregarded, though does not count as service
• notify the employer in writing before the end of the 15th week before the expected date of childbirth:
  • of their intention to take maternity leave
  • of the date they wish to start their maternity leave
  • that they intend to return to work with the same or another NHS employer for a minimum period of three months after the maternity leave has ended
  • and provide a MATB1 form from her midwife or GP giving the expected date of childbirth

5.3.3 Maternity leave and shared parental leave

Employees who wish to consider taking shared parental leave should refer to section 5.5 of this policy for further information.

5.3.4 Antenatal care

Pregnant employees have the right to paid time off for antenatal care, provided the appointment has been pre-arranged and time away from work has been requested via the manager and an acceptable notice period has been given. After the first appointment employees should show their manager confirmation of any further appointments through an appointment card or letter. Agency staff are entitled to paid time off for antenatal care after they have completed a twelve-week qualifying period, in this instance seek specific advice from the Human Resources team.

For employees undergoing fertility treatment, please see section 6.

5.3.5 Post-natal care

Employees who have recently given birth and have returned to work have the right to paid time off for post-natal care.

5.3.6 Breastfeeding

To support colleagues with breastfeeding, or expressing breast milk the trust offers the following:

• paid time up to one hour per day to either express breast milk or breastfeed their baby (if this is practicable) within working hours
• to give maximum flexibility, additional time on top of the paid hour could be taken as an extended lunch break to breastfeed the baby, or to leave earlier at the end of the working day, or to take extra breaks during the day in which to express breast milk, the extra time can be taken as time off in lieu (TOIL) or worked back
• where practicable, the employee’s baby to be brought onto trust premises to breastfeed, for colleagues that are working from home, the same allowances apply
• for the colleague to be given the flexibility to travel to the nearest appropriate facility for breastfeeding
• the environment for breastfeeding on trust site must provide:
  • a safe and private environment in which to breastfeed or express
  • a sink with running water for washing hands and rinsing breast pump parts
  • a comfortable chair and table, with access to a plug socket
  • a clean area where sterilising equipment may be stored
  • a clean, hygienic fridge to store expressed milk whilst on site
  • preferential agreement of a flexible working pattern to suit colleague’s  breastfeeding needs

As with all recorded absence from the workplace, this will be auditable and must be communicated with your line manager and recorded on Health Roster or through electronic staff record (ESR).

5.3.6.1 Employees responsibilities

• At least 28 days’ written notice where possible should be given to the line manager when wishing to breastfeed on return to work. This will ensure that the employee and line manager can make the necessary arrangements to meet the request and the needs of the Service.
• Employees are responsible for the safe cleaning and storage of their equipment in addition to the clear labelling, storage, and collection of milk. It is recommended that personal cool bags are used (including within a designated refrigerator if this is available).
• Milk stored in the fridge must always be removed by the individual to whom it belongs.

5.3.6.2 Manager responsibilities

• Ensure employees are aware of this policy before commencing on maternity leave.
• To facilitate an employee’s request to breastfeed on their return to work, by allowing them sufficient time to leave the ward or department. If based away from the main hospital site, then arrange for a safe, private area for this to be undertaken.
• The manager will conduct a risk assessment specific to the individual using the pregnancy risk assessment form. If any risks are identified, then appropriate action will be taken to minimise these risks in line with the Management of Health and Safety at Work Regulations (1999). The risk assessment can be located at appendix L.

5.3.7 Fixed term contracts

If the employee is on a fixed term or training contract which will expire prior to the 11th week before the expected week of confinement, and they have less than 12 months service, the Trust has no liability to pay any occupational maternity pay, although the employee may be entitled to statutory maternity pay.

If the contract expires after the 11th week before the expected week of childbirth, and the employee has the relevant service, the trust will extend the contract to enable them to receive certain maternity pay or benefits for which they may be eligible, including, paid contractual and statutory maternity pay, and the remaining 13 weeks of unpaid maternity leave.

Please obtain further advice from the Human Resources team on this point. A meeting will be arranged between the employee and the line manager to discuss the above and to agree the relevant actions to be taken.

In this case absence on maternity leave (paid and unpaid) up to 52 weeks before a further NHS appointment shall not constitute a break in service.

If the employee does not secure further NHS employment the repayment provisions detailed in section 2 of appendix B do not apply.

5.3.8 Sickness prior to childbirth

If an employee is off work ill, or becomes ill, with a pregnancy-related illness during the last four weeks before the expected week of childbirth, maternity leave will normally commence at the beginning of the 4th week before the expected week of childbirth or the beginning of the next week after the employee last worked, whichever is the latter. 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.

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.

5.3.9 Pre-term birth

Where an employee’s baby is born alive prematurely, the employee will be entitled to the same amount of maternity leave and pay as if their baby was born at full term.

Where an employee’s baby is born before the 11th week before the expected week of childbirth and the employee has worked during the actual week of childbirth, maternity leave will start on the first day of the employee’s absence.

Details of neonatal care (leave and pay) can be found in section 6.

5.3.10 Still birth

In the event where an employee’s baby is stillborn after the of the 24th week of pregnancy, the employee will be entitled to the same amount of maternity leave and pay as if their baby was born alive.

5.3.11 Miscarriage

In the event where an employee has a miscarriage before the end of the 24th week of pregnancy, the colleague is entitled up to 2 weeks pregnancy loss leave, as detailed in the special leave policy. Should a colleague require further time off  this will be recorded as sickness absence. However, the sickness episodes will not be considered for the purposes of any formal management of absence.

Partners who are employees of the trust who are affected by miscarriage are also entitled to a period of pregnancy loss leave as detailed in the special leave policy.

5.3.12 In the event of pregnancy whilst on maternity leave

If an employee discovers they are pregnant whilst on maternity leave they are entitled to another 52 weeks’ maternity leave for their new pregnancy. The pay they will be entitled to will depend on their average weekly earnings in the qualifying period (weeks 17 to 25 of your pregnancy). If their average earnings during this period are below the lower earnings limit they may not qualify for occupational maternity pay and, or statutory maternity pay during their second period of maternity leave. The employee will need to work out, based upon their expected date of childbirth whether they will return to work following their first period of maternity leave, or whether their periods of maternity leave will be consecutive. The employee should inform their line manager as soon as possible in these circumstances to allow both parties to plan for the additional leave.

5.3.13 No qualifying period for statutory maternity pay or maternity allowance

If the employee does not have 15 weeks service within the Trust prior to the expected week of childbirth they will need to complete an SMP1 form, available from the pay services department, Job Centre Plus or Department of Work and Pensions offices where they will confirm whether there is an entitlement to receive statutory maternity pay. If the employee’s earnings are below the threshold to qualify for statutory maternity pay or they do not qualify for another reason the employee must contact the Job Centre Plus or Social Security office to claim maternity allowance. It is the employee’s responsibility to liaise with the necessary departments or agencies in order to facilitate the above.

5.3.14 Health and safety of employees pre-birth and post-birth

For health and safety reasons the employee should notify their manager as soon as they are aware of their pregnancy, or when they are due to return from maternity leave and plan to continue breastfeeding, so that the working environment can be assessed to ensure that it does not pose a risk to the employees own or the child’s health. If it is found, or a medical or occupational health practitioner considers, that an employee or the child would be at risk were they to continue with normal duties, the employer should provide suitable alternative work for which the employee will receive their normal rate of pay. Where it is not reasonably practicable to offer suitable alternative work, the employee should be medically suspended on full pay. This applies equally to the employee through pregnancy or whilst breastfeeding. For specific advice in relation to agency workers contact the Human Resources team for further advice and support.
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.

5.3.15 Birthing partners

For parents of the child, please section 5.5 new parent leave. It is appreciated that employees of the trust may be birthing partners for people they support but are not the parent of the child. The trust is committed to supporting employees who are birthing partners, and as such employees will be able to use annual leave flexibly.

5.3.16 Maternity procedural arrangements

• The employee must notify their manager in writing of their intention to take maternity leave by the end of the 15th week before the expected week of childbirth (EWC) unless this is not reasonably practicable.
• The employee must complete the maternity application form (appendix B) giving at least 28 days notification before the intended leave date. Delay may affect payment of maternity benefits. If the employee does not provide a return to work date on the form, the trust will assume they wish to take the full 12-month entitlement.
• The employee must also submit the original certificate of childbirth (MATB1 form) to their manager at least 28 days before the intended leave date. This certificate is usually issued by the GP or midwife around the employee’s 20th week of pregnancy. A scanned copy of the certificate should then be sent to the Human Resources team.
• If the employee wishes to change the date from which they wish their maternity leave to start, they must notify their line manager at least 28 days beforehand (or, if this isn’t possible, as soon as is reasonably practicable beforehand).
• An employee who intends to return to work at the end of their full maternity leave will not be required to give any further notification to the trust, however should the return to work date change, 8 weeks’ notice should be given to the line manager.
• If the employee intends to return to work on a different basis, they should preferably enter into discussions with their Manager prior to the maternity leave but no later than 8 weeks before they intend to return to work. Please refer to the flexible working policy and procedure for further information.
• If the employee intends to return to work they must complete section 2 of the maternity application form (appendix B), which includes a declaration of intent to return to work for a minimum of 3 months.
• The Human Resources team will confirm the employee’s leave and pay entitlements in writing, following receipt of the completed application form and MATB1 certificate from the manager.
• For further information in relation to planning the maternity leave, refer to appendix C frequently asked questions and appendix D useful contacts.

5.3.17 Failure to return to work after maternity leave

If an employee who has notified  the trust of their intention to return to work to for the trust or a different NHS employer and fails to do so within 15 months of the beginning of their maternity leave, they will be liable to refund the whole of their maternity pay, less any statutory maternity pay, received.

5.4 Shared parental leave

5.4.1 Shared parental leave abbreviations

5.4.2 Entitlement criteria

Shared parental leave enables mothers or adopter to commit to ending their maternity leave and pay at a future date and to share the untaken balance of leave and statutory pay as shared parental leave with their partner, or to return to work early from maternity leave or adoption leave and opt into shared parental leave and pay at a later date.

Shared parental leave is designed to allow couples greater freedom to decide how to take their family friendly leave.

Shared parental leave enables eligible parents and employees to choose how to share the care of their child during the first year of birth or adoption. Its purpose is to give parents more flexibility in considering how to best care for, and bond with, their child. All eligible employees have a statutory right to take shared parental leave. There may also be an entitlement to some shared parental pay. This section details the statutory rights and responsibilities of employees who wish to take statutory shared parental leave (SPL), occupational shared parental pay (OsPP) and statutory shared parental pay (ShPP).

5.4.3 Leave and pay

Employees wishing to take shared parental leave may be entitled to enhanced occupational shared parental pay. To qualify for enhanced occupational shared parental pay employees must:

• have completed 12 months continuous NHS service at the beginning of the 11th week before the expected week of childbirth or at the beginning 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
• Confirmation that the other parent meets the statutory employment and earnings test by being an employed or self-employed earner in the UK for a total of 26 weeks (not necessarily continuously) in the 66 weeks preceding the week the child is due to be born or matched for adoption, the individual must have earned average gross weekly pay, up-to-date details of this requirement can be found on GOV.UK
• fully complete the application form in appendix C
• intend to return to work with the same or another NHS employer for a minimum period of three months after shared parental leave has ended
• that the mother or primary adopter has returned to work following maternity or adoption leave, or has provided the binding notice confirming that they intend to bring their maternity or adoption leave and pay entitlements to an early end
• they confirm that the other parent meets the statutory employment and earnings test by being an employed or self-employed earner in the UK for a total of 26 weeks (not necessarily continuously) in the 66 weeks preceding the week the child is due to be born or matched for adoption

If an employee does not meet the criteria for enhanced occupational shared parental pay, their payment will be based upon the statutory payment. Any statutory shared parental pay due will be paid at a rate set by the government for the relevant tax year.

Shared parental leave should not be confused with ordinary parental leave, which is unaffected by shared parental leave. Ordinary parental leave is the entitlement to up to 18 weeks unpaid leave. For further information refer to the special leave policy.

5.4.4 Eligibility for shared parental leave

Shared parental leave can only be used by two people:

• the mother or adopter
• one of the following:
  • the father of the child (in the case of birth)
  • the spouse, civil partner or partner of the child’s mother or  adopter

Both parents must share the main responsibility for the care of the child at the time of the birth or placement for adoption.

Additionally, an employee seeking to take shared parental leave must satisfy each of the following criteria:

• the mother or adopter of the child must be or have been entitled to statutory maternity, adoption leave or if not entitled to statutory maternity or adoption leave, they must be or have been entitled to statutory maternity, adoption pay or maternity allowance and must have ended or given notice to reduce any maternity or adoption entitlements
• the employee must still be working for the trust at the start of each period of shared parental leave
• the employee must pass the continuity test requiring them to have a minimum of 26 weeks’ service at the end of the 15th week before the child’s expected due date or matching date
• the employee’s partner must meet the employment and earnings test requiring them in the 66 weeks leading up to the child’s expected due date or matching date have worked for at least 26 weeks and earned an average weekly pay in any 13 of those weeks
• the employee must correctly notify the trust of their entitlement and provide evidence as required

An employee considering or taking shared parental leave is encouraged to contact the Human Resources team to arrange an informal discussion as early as possible regarding their potential entitlement, to talk about their plans to ensure that the employee is supported.

The Human Resources team or line manager may upon receiving a notification of entitlement to take shared parental leave seek to arrange an informal discussion with the employee to talk about their intentions and how they currently expect to use their shared parental leave entitlement.

5.4.5 Shared parental leave entitlement

Eligible employees may be entitled to take up to 50 weeks shared parental leave during the child’s first year in their family. The number of weeks available is calculated using the mother’s or adopter’s entitlement to maternity or adoption leave, which allows them to take up to 52 weeks’ leave. If they reduce their maternity or adoption leave entitlement then they and, or their partner may opt in to the shared parental leave system and take any remaining weeks as shared parental leave.

A mother or adopter may reduce their entitlement to maternity or adoption leave by returning to work before the full entitlement of 52 weeks has been taken, or they may give notice to curtail their leave at a specified future date.

If the mother or adopter is not entitled to maternity or adoption leave but is entitled to statutory maternity pay (SMP), statutory adoption pay (SAP) or maternity allowance (MA), they must reduce their entitlement to less than the 39 weeks. If they do this, their partner may be entitled to up to 50 weeks of shared parental leave. This is calculated by deducting from 52 the number of weeks of statutory maternity pay, statutory adoption pay or maternity allowance taken by the mother or adopter.

• The mother can take shared parental leave after she has taken the legally required two weeks of maternity leave immediately following the birth of the child.
• The adopter can take shared parental leave after taking at least two weeks of adoption leave.
• The father, partner or  spouse can take shared parental leave immediately following the birth or placement of the child, but may first choose to exhaust any paternity leave entitlements (as the father or partner cannot take paternity leave or pay once they have taken any shared parental leave or statutory shared parental pay).

Where a mother or adopter gives notice to curtail their maternity or adoption entitlement then the mother or adopter’s partner can take leave while the mother or adopter is still using their maternity or adoption entitlements.

Shared parental leave will generally commence on the employee’s chosen start date specified in their application form or in any subsequent variation notice (see booking shared parental leave section 5.8 and Variations to arranged shared parental leave section 5.10 below).

If the employee is eligible to receive it, statutory shared parental pay (ShPP) may be paid for some, or all, of the shared parental leave period (see shared parental pay below).

Shared parental leave must end no later than one year after the birth or placement of the child. Any shared parental leave not taken by the first birthday or first anniversary of placement for adoption is lost.

5.4.6 Notifying the trust of an entitlement to shared parental leave

To notify of an intention to take shared parental leave an employee must complete appendix C, providing at least eight weeks’ notice of internation to take shared parental leave.

5.4.7 Fraudulent claims

Where there is a suspicion that fraudulent information may have been provided or where the trust has been informed by the HM Revenue and Customs (HMRC) that a fraudulent claim was made, the trust will investigate the matter further, following a referral to the counter fraud service, in accordance with the fraud, bribery and corruption policy.

5.4.8 Booking shared parental leave

In addition to notifying the employer of entitlement to shared parental leave or statutory shared parental pay, an employee must also give notice to take the leave. In many cases, notice to take leave will be given at the same time as the notice of entitlement to shared parental leave.

The employee has the right to submit three notifications for the identified period of shared parental leave, specifying leave periods they are intending to take. Each notification may contain either:

•  a single period of weeks of leave; or
• two or more weeks of discontinuous leave, where the employee intends to return to work between periods of leave

Shared parental leave can only be taken in complete weeks but may begin on any day of the week. For example if a week of shared parental leave began on a Tuesday it would finish on a Monday. Where an employee returns to work between periods of shared parental leave, the next period of shared parental leave can start on any day of the week.

The employee must book shared parental leave by giving the correct notification at least eight weeks before the date on which they wish to start the leave and (if applicable) receive statutory shared parental pay.

5.4.9 Continuous leave notifications

A notification can be for a period of continuous leave, which means several weeks taken in a single unbroken period of leave (for example, six weeks in a row).

An employee has the right to take a continuous block of leave notified in a single notification, so long as it does not exceed the total number of weeks of shared parental leave available to them (specified in the notice of entitlement) and the employer has been given at least eight weeks’ notice.

5.4.10 Discontinuous leave notifications

A single notification may also contain a request for two or more periods of discontinuous leave, which means taking a set number of weeks of leave over a period of time, with breaks between the leave where the employee returns to work (for example, an arrangement where an employee will take six weeks of shared parental leave and work every other week for a period of three months).

Where there is concern over accommodating the notification, the trust or the employee may seek to arrange a meeting to discuss the request with a view to agreeing an arrangement that meets both the needs of the employee and the trust.

The trust will consider a discontinuous leave notification but has the right to refuse it. If the leave pattern is refused, the employee can either withdraw it within 15 days of giving it, or can take the leave in a single continuous block.

5.4.11 Responding to a shared parental leave notification

Once the line manager receives the leave booking notification, it will be dealt with as soon as possible, but a response will be provided no later than the 14th day after the leave request was made.

Upon receiving a leave booking notification the line manager may arrange a meeting to discuss it. Where a notification is for a single period of continuous leave, or where a request for discontinuous leave can without further discussion be approved, a meeting may not be necessary.

The purpose of the meeting is to discuss in detail the leave proposed and what will happen while the employee is away from work. Where it is a request for discontinuous leave the discussion may also focus on how the leave proposal could be agreed, whether a modified arrangement would be agreeable to the employee and the trust, and what the outcome may be if no agreement is reached.

All requests for discontinuous leave will be carefully considered, weighing up the potential benefits to the employee and to the trust against any adverse impact to the trust.

Each request for discontinuous leave will be considered on a case-by-case basis. Agreeing to one request will not set a precedent or create the right for another employee to be granted a similar pattern of shared parental leave.

The employee will be informed in writing of the decision for discontinuous  as soon as is reasonably practicable, but no later than the 14th day after the leave notification was made. The request may be granted in full or in part: for example, the trust may propose a modified version of the request.

If a discontinuous leave pattern is refused, then the employee may withdraw the request without detriment on or before the 15th day after the notification was given; or may take the total number of weeks in the notice in a single continuous block. If the employee chooses to take the leave in a single continuous block, the employee has until the 19th day from the date the original notification was given to choose when they want the leave period to begin. The leave cannot start sooner than eight weeks from the date the original notification was submitted. If the employee does not choose a start date then the leave will begin on the first leave date requested in the original notification.

5.4.12 Variations to arranged shared parental leave

The employee is permitted to vary or cancel an agreed and booked period of shared parental leave, provided  they advise the trust in writing at least eight weeks before the date of any variation. Any new start date cannot be sooner than eight weeks from the date of the variation request.

Any variation or cancellation made by the employee, including notice to return to work early, will usually count as a new notification reducing the employee’s right to book or vary leave by one. However, a change due to a child being born early, or as a result of the trust requesting it be changed, and the employee being agreeable to the change, will not count as further notification. Any variation will be confirmed in writing by the trust.

5.4.13 Secondary work during a period of shared parental leave

All employees should notify the trust of any secondary employment. An employee should not engage in paid employment whilst on shared parental leave during times when the employee would otherwise be working for the trust.

5.5 New parent support leave and pay (paternity leave)

5.5.1 Abbreviations

5.5.2 Entitlement criteria

New parent support leave and pay (paternity leave) provides employees, who have responsibility for bringing up a child, with up to 2 weeks time off following the birth or adoption of their child. An employee can choose to take either 1 or 2-weeks statutory paternity leave. If an employee chooses to take 2 weeks, they can take this either together or as two separate blocks of 1 week. The leave cannot start before the birth or placement of a child and must end within 52 weeks of the birth (or due date, if the baby is born early) or placement of the child.

The NHS provides enhanced paternity provision (see below) to employees with over 12 months continuous service.

This provision is available to either; the biological father of the baby; an adoptive parent who is not the primary carer and not in receipt of adoption leave or the mother or primary carer’s partner (partner may include a same-sex partner).

Paid provision applies to all employees provided that they have a minimum of 26 weeks continuous NHS service at the 15th week of the expected week of childbirth.

Paid time off to attend two ante-natal appointments will also be given. Partners can attend any further ante-natal appointments, however these will be covered by unpaid, annual leave, change in shift, use of flexible time arrangements, variation to start and finish times etc.

Employees can take 2 weeks leave together or 2 separate blocks of 1 week leave. This leave entitlement is the same even if more than one baby is born as the result of the same pregnancy. The service qualifications detailed below relate to service with one or more NHS employers.

5.5.3 New parent support leave and pay (paternity leave) procedural arrangements

An employee can choose to start their new parent support leave on the date of the child’s birth (whether this is earlier or later than expected) or agree with their line manager to take another type of leave before paternity leave, for example annual leave.

Leave can be taken any time in the first 52 weeks after the child is born or placed and must end within 52 weeks of the birth or placement (or due date, if the baby is early).

Parent support leave can commence on any day of the week, as long as the employee has given the required notice to their line manager. Employees will normally take their leave in full weeks but may be granted periods of less than a week at managerial discretion, subject to the needs of the service.

The employee should apply to their line manager, using the application form (appendix G), at least 28 days prior to wanting each period of leave to commence, informing the manager:

• the expected week of the baby’s birth or placement
• whether they wish to take one or two weeks’ leave together or in separate blocks and
• the date in which they intend to start their leave

The line manager will confirm the employee’s leave and pay entitlements in writing, following receipt of the completed application form (appendix H). A template letter can be found in appendix N.

The employee must also confirm to their line manager the date the baby is born as soon as is reasonably practicable after the birth.

An employee cannot take parent support leave or be paid statutory paternity pay before the birth or placement of the child. If the baby is not born or child not placed by the date specified in their application, then the date must be changed or leave must be taken from the actual date of birth or a specified number of days after the birth or placement of child.

An employee who wishes to make a change to their leave start date after the birth or placement of the child, 2 weeks’ notice must be given to ensure adequate cover within the workplace.

5.5.4 Still birth

In the event where an employee’s baby is stillborn after the start of the 24th week of pregnancy, the employee will be entitled to take new parent support leave (paternity leave) as detailed above.

5.6 Adoption leave

5.6.1 Adoption Leave and, or pay

The purpose of adoption leave is to facilitate time off, with pay where appropriate, for a parent with an adoptive child below the age of 18.

Adoption leave applies to one adoptive parent who is newly matched with a child, in accordance with the qualifying conditions below. The other parent, if also an employee, is entitled to shared parental leave, paternity or partner leave.

5.6.2 Adoption leave abbreviations

5.6.3 Entitlement Criteria

5.6.3.1 Appointments

Leave will be granted for official meetings in the adoption process as well as time after the adoption itself. The agreement for time off after the adoption covers circumstances where the child is initially unknown to the adoptive parents. If there is an established relationship with the child, such as fostering prior to adoption, time off for official meetings only will be considered. If the employee subsequently needs to change the date from which they wish their leave to start, they should notify their employer at least 28 days beforehand (or, if this is not possible, as soon as is reasonably practicable beforehand).

5.6.3.2 Leave and pay

Entitlements to adoption leave and, or pay apply in accordance with the table attached (appendix I).

To qualify for occupational adoption leave and pay employees must:

• have completed 12 months continuous NHS service ending with the week in which they are notified of being matched with the child for adoption
• have average weekly earnings at least equal to the lower earnings limit for National Insurance contributions in the 8 weeks up to and including the 15th week before the expected week of childbirth
• follow the application procedure outlined below
• following discussion with the employee, the employer should confirm in writing:
  • the employee’s paid and unpaid leave entitlements under this agreement (or statutory entitlements if the employee does not qualify under this agreement)
  • 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
  • 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)
  • 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

5.6.4 Adoption procedural arrangements

• The employee can choose to start their leave from the date of the child’s placement (whether this is earlier or later than expected), or from a fixed date which can be up to 14 days before the expected date of placement, or within 28 days of when the child arrives in the UK.
• The employee must use the application for adoption leave and, or pay (Appendix J), notifying their manager 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.
• The employee must provide written confirmation from the placing authority of the decision or a parental statutory declaration that they intend to apply for a parental order in the case of a surrogacy arrangement (appendix K)
• The Human Resources team will confirm the employee’s leave and pay entitlements in writing, following receipt of the completed application form and matching certificate from the manager.
• The employee can change the date from which they wish their leave to start by notifying their line manager at least 28 days beforehand (or, if this isn’t possible, as soon as is reasonably practicable beforehand).
• If the employee plans to return to work at the end of the full adoption leave then further notification is not required, however, should this change, 8 weeks’ notice should be given to the line manager.
• 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.

5.6.5 Adoption leave and shared parental leave

Employees who wish to consider taking shared parental leave should refer to section 5.4 of this policy for further information.

5.7 Neonatal care (leave and pay)

The Neonatal Care (Leave and Pay) Act (2023) came into force on 6th April 2025. The act provides additional leave and pay for parents of babies who require neonatal care, with a right to up to 12 weeks’ leave and pay. The act provides eligible parents with dedicated time to care for their new born babies during a challenging period, without impacting their existing parental leave entitlements.

There are two categories of statutory neonatal care leave depending on when the employee takes the leave: tier 1 period leave and tier 2 period leave.

5.7.1 Entitlements

5.7.1.1 Neonatal care leave

The minimum period of neonatal care leave is one week and a maximum period of 12 weeks. This is in addition to existing parental leave entitlements and must be taken within a 68-week period. This leave entitlement is a day one right, and no minimum service period is required.

Employees will be entitled to take one week’s neonatal care leave for every uninterrupted week their baby receives neonatal care and can be taken in week-long increments.

5.7.1.2 Eligibility for neonatal care leave

Parents are eligible if the baby was born on or after 6 April 2025 and has received medical or palliative neonatal care for at least seven consecutive days within the first 28 days after birth. There are three categories of medical care within the act that constitute as neonatal care:

• any medical care received in hospital
• medical care received elsewhere following discharge from an inpatient stay hospital, the care must be under the direction of a consultant and includes ongoing monitoring and visits to the child by healthcare professionals
• palliative or end of life care

5.7.1.3 Neonatal care pay

Eligible parents who meet minimum requirements relating to continuity of employment (at least 26 weeks with their current employer by the end of the relevant week, dependent on the type of family related pay the employee is entitled to) and earnings to be paid during that leave will receive the weekly rate of statutory neonatal care pay. For up-to-date statutory rates please visit gov.uk.

5.7.1.4 Eligibility for statutory neonatal care pay

Parents are eligible if they have 26 weeks or more of service with their employer by the end of the relevant qualifying week. The relevant qualifying week will be different dependent on the type of family related pay the employee is entitled to as per government eligibility criteria.

Managers must inform pay services and the Human Resources team when an employee is eligible for neonatal leave and pay.

5.7.1.5 Tier 1 period leave

This begins when the baby starts receiving neonatal care and up to a week post discharge. This period of leave ends on the seventh day after the day the baby stops receiving neonatal care.

Tier 1 leave can be taken in non-continuous blocks of a minimum of one week at a time and up to 12 weeks.

Notice period for leave: notice must be given before an employee is due to start work on the first day of absence or if this is not possible, notice must be given as soon as reasonably practicable.

Notice period for pay: notice must be given within 28 days from the first day of leave in which the period relates to or if this is not possible notice should be given as soon as reasonably practicable.

Note, tier 1 notice does not need to be in writing.

5.7.1.6 Tier 2 period leave

This applies to leave taken after the tier 1 period ends and must be taken in one continuous block. The entitlement to this leave ends 68 weeks after the child’s birth.

5.7.1.7 Notice period for leave and pay

For a single week of leave and pay, written notice at least 15 days before the first day of neonatal care leave.

For a period of two or more weeks of leave and pay, written notice at least 28 days’ notice before the first day of leave in which the period it relates to. Employers and the employee can mutually agree to waive any notice requirements.

5.8 Fertility treatment and leave

The trust recognises undergoing in vitro fertilisation (IVF) treatment can be a stressful and an emotional time for an employee.  It’s beneficial for employees to inform their line manager as soon as possible that they are undergoing in vitro fertilisation treatment, so managers can look to support employees during the course of their treatment.

The information below sets out the entitlements for employees undergoing in vitro fertilisation treatment. The trust may ask for proof of appointments when requesting time off.

5.8.1 Time off for appointments prior to embryo transfer

Employees should provide their line manager with as much notice as possible of their appointments for in vitro fertilisation treatment. Where feasible, employees will be allowed to attend the appointments. There’s no legal right for time off work for in vitro fertilisation treatment, however the trust wishes to support colleagues during this period. As such colleagues  may be granted up to a total of five days paid leave per in vitro fertilisation treatment cycle (pro rata for part-time staff) for the purpose of receiving and recovering from in vitro fertilisation treatment. The days can be taken to suit the colleague’s needs, for example in one block, separate days or half days. If more than 5 days leave is required, then annual or unpaid leave may be used in addition, with the agreement of the manager.

To be eligible for paid leave for in vitro fertilisation or fertility treatment, employees must have 12 months continuous service within the NHS on the date that their in vitro fertilisation or fertility treatment is due to commence.

Colleagues with less than 12 months continuous service, time off should be facilitated using annual leave, use of time owing, unpaid leave, swopping the employee’s day off or shifts or flexible working.

5.8.2 Time off for appointments after embryo transfer

Once employees have undergone the last part of the in vitro fertilisation process (embryo transfer) and might become pregnant, employees have all the same maternity rights as non-in vitro fertilisation pregnancies.

Therefore, if employees need to attend any further appointments and this falls within their working hours, they will be given paid time off to attend these as detailed in this policy 5.4.2.3 antenatal care.

If the in vitro fertilisation treatment is unsuccessful employees are still protected by law against pregnancy discrimination for 2 weeks after finding out an embryo transfer was unsuccessful. Colleagues will be entitled to up to one weeks’ compassionate leave, and any further leave that is required following this normal sickness provisions will apply as necessary.

5.8.3 Partner eligibility

If it is an essential requirement within the course of treatment for the partner to attend a specific appointment, the trust will also allow up to 2 days of fertility treatment leave in the 12 months preceding that date to undertake fertility treatment.

The fertility treatment paid leave can be taken to suit the member of staff’s needs, for example, 2 days in one block, separate days or half  days.

Where partners are not receiving treatment but would like to attend appointments with their partner they would be expected to take annual leave or unpaid leave.

5.8.4 Sickness as result of treatment

Should the employee become unfit for work due to side effects of the treatment, which may include recommended periods of rest, this will be recorded in line with trust’s supporting health, wellbeing and managing attendance policy.

5.9 Employment rights

You cannot be dismissed because you are pregnant or for any other reason connected with your pregnancy.

5.9.1 Redundancy before, during, and after family leave

If a redundancy situation arises during an employee’s pregnancy, maternity, and up to 18 months from the exact date their baby is born, they have preferential rights and must be offered any suitable employment which is available. The offer of alternative employment must be made before the end of their employment under their existing contract.

• if an employee has a miscarriage within the first 24 weeks of pregnancy, the redundancy protected period ends 2 weeks from the end of the pregnancy
• if a child is stillborn after 24 weeks of pregnancy, the redundancy protected period ends 18 months from the date of the birth

If an employee is on adoption leave the redundancy protected period starts on the day their adoption leave commences. It ends 18 months from either:

• the date the adoption placement starts
• the date the child enters England, Scotland or Wales, if it’s an overseas adoption

If an employee is taking a period of shared parental leave the redundancy protected period starts on the day a period of shared parental leave begins.

If an employee takes:

• less than 6 weeks leave, the protected period ends on the last day of the block of leave
• 6 weeks or more of continuous leave, the protected period ends 18 months from the date of the child’s birth

If the employee takes discontinuous shared parental leave, the redundancy protected period finishes at the end of each period of shared parental leave.

Any change will follow the trust’s change management policy.

5.9.2 Parental bereavement leave

Parental bereavement leave is time off following:

• the death of a child, if they die under the age of 18
• a child who is stillborn after 24 weeks’ pregnancy
• an abortion after 24 weeks, in very limited circumstances an abortion can take place after 24 weeks if the mother’s life is at risk or the child would be born with a severe disability

The right applies to:

• birth parent
• natural parent (the person who gave birth to the child who has since been adopted, but has a court order to allow them to continue having access to the child)
• adoptive parent, if the child was living with them
• person who lived with the child and had responsibility for them, for at least 4 weeks before they died
• intended parent due to become the legal parent through surrogacy
• partner of the child’s parent, if they live with the child and the child’s parent in an enduring family relationship

The trust provides up to two months paid bereavement leave. Further details can be found in the trust’s special leave policy.

5.9.3 Surrogates

Surrogates are the legal mother of any child they carry, even if they’re not genetically related, until they sign a parental or adoption order following the birth of the child; this transfers their rights to the intended parents. Pregnant employees have the right to 52 weeks maternity leave, and to return to their job after maternity leave. Whatever the birth mother does with the child in a surrogacy arrangement following the birth it has no impact on their right to maternity leave.

6 Training implications

6.1 Managers

• How often should this be undertaken: on revision of the policy or new appointments or promotions.
• Delivery method: trust communications.
• Training delivered by whom: human resources advisors where requested by managers.

6.2 Human Resources team

• How often should this be undertaken:
• Delivery method: on the job training mentoring.
• Training delivered by whom: team leaders, human resources partners, or head of human resources.

6.3 Staff side

• How often should this be undertaken: on revision of the policy and at policy forum.
• Delivery method: awareness or briefing sessions on policy.
• Training delivered by whom: workforce and organisational development (OD) directorate.

7 Monitoring arrangements

7.1 Applications for leave in accordance with the policy

• How: Review of a sample of applications
• Who by: Human Resources team.
• Frequency: annually.

7.2 Number of grievance raised in relation to the policy

• How: review of human resources data.
• Who by: Human Resources team.
• Frequency: annually.

7.3 Risk assessments

• How: during workplace health and safety inspections.
• Who by: service, line managers, or safety team.
• Reported to: health and safety forum.
• Frequency: annually.

8 Equality impact assessment screening

To access the equality impact assessment for this policy, please email rdash.equalityanddiversity@nhs.net to request the document.

8.1 Privacy, dignity and respect

The NHS Constitution states that all patients should feel that their privacy and dignity are respected while they are in hospital. High Quality Care for All (2008), Lord Darzi’s review of the NHS, identifies the need to organise care around the individual, “not just clinically but in terms of dignity and respect”.

As a consequence the trust is required to articulate its intent to deliver care with privacy and dignity that treats all service users with respect. Therefore, all procedural documents will be considered, if relevant, to reflect the requirement to treat everyone with privacy, dignity and respect, (when appropriate this should also include how same sex accommodation is provided).

8.1.1 How this will be met

Not applicable.

8.2 Mental Capacity Act (2005)

Central to any aspect of care delivered to adults and young people aged 16 years or over will be the consideration of the individuals’ capacity to participate in the decision-making process. Consequently, no intervention should be carried out without either the individual’s informed consent, or the powers included in a legal framework, or by order of the court.

Therefore, the trust is required to make sure that all staff working with individuals who use our service are familiar with the provisions within the Mental Capacity Act (2005). For this reason all procedural documents will be considered, if relevant to reflect the provisions of the Mental Capacity Act (2005) to ensure that the rights of individual are protected and they are supported to make their own decisions where possible and that any decisions made on their behalf when they lack capacity are made in their best interests and least restrictive of their rights and freedoms.

8.2.1 How this will be met

All individuals involved in the implementation of this policy should do so in accordance with the guiding principles of the Mental Capacity Act (2005).

9 Links to any other associated documents

• Change management policy and procedure
• Control of substances hazardous to health (COSHH) policy
• Counter fraud, bribery and corruption policy
• Disciplinary policy
• Display screen equipment (DSE)
• National flexible working people policy
• Safer manual handling operations policy
• Pay progression procedure
• Supporting health, wellbeing and managing attendance policy
• Special leave policy

10 References

• Adoption and Children Act (2002) (Consequential Amendment to Statutory Adoption Pay) Order 2006 (SI 2006/2012)
• Agenda for Change Terms and Conditions Handbook Amendment 02/2024
• Children and Families Act (2014)
• Control of Substances Hazardous to Health Regulations (2002) (COSHH)
• Counter Fraud, Bribery and Corruption Policy
• Manual Handling Operations Regulations (1999) (MHOR)
• Maternity and Adoption Leave (Curtailment of Statutory Right to Leave) Regulations (2014)
• Maternity and Parental Leave etc and the Paternity and Adoption Leave (Amendment) Regulations (2006) (SI 2006/2014)
• Shared Parental Leave and Paternity and Adoption Leave (Adoption from Overseas) Regulations (2014)
• Shared Parental Leave Regulations (2014)
• Statutory Maternity Pay and Statutory Adoption Pay (Curtailment) Regulations (2014)
• Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefits) (Amendment) Regulations (2006) (SI 2006/2379)
• Statutory Shared Parental Pay (Adoption from Overseas) Regulations 2014 Statutory Shared Parental Pay (General) Regulations 2014
  Work and Families Act (2006)
• Advisory, Conciliation and Arbitration Service (ACAS) Redundancy protection for pregnancy and new parents (2024)

11 Appendices

11.1 Appendix A maternity leave and pay entitlements

Statutory maternity pay (SMP) is 90% of average weekly earnings for the first six weeks and the lesser of standard rate statutory maternity pay or 90% of average weekly earnings for the remaining 33 weeks

Average weekly earnings are calculated based on earnings at the 15th week before the expected week of childbirth.

11.2 Appendix B application form for maternity leave and, or pay

Refer to appendix B: application form for maternity leave and, or pay (staff access only).

11.3 Appendix C application for shared parental leave

Refer to appendix C: application for shared parental leave (staff access only).

11.3.1 Shared parental leave pay and entitlements

11.4 Appendix D frequently asked questions

11.4.1 Planning maternity leave

When can I start my maternity leave?

You can start your maternity leave at any time from the 11th week before the expected week of childbirth. However you may work longer than this, right up to the expected week of childbirth if you wish, provided you give the required notice to your manager.

What if I want to change the start date?

If you subsequently want to change the start date of your maternity leave you should notify your manager, human resources and pay services at least 28 days beforehand (or as soon as is reasonably practicable). Failure to do so may result in errors in your pay.

What happens if I am ill before my maternity leave is due to start?

If you are ill, with a pregnancy related illness that starts before and continues into the last four weeks before the expected week of childbirth, your maternity leave and, or pay will automatically start at the beginning of the 4th week before the expected week of childbirth.

If you are ill, with a pregnancy related illness that starts during the last 4 weeks before the expected week of childbirth your maternity leave will start at the beginning of the next week after you last worked.

How much maternity leave can I take?

You must take at least 2 weeks maternity leave after your baby is born and you can take up to 52 weeks maternity leave (see table in appendix A), some of which may be paid.

Will I lose any contractual rights by taking maternity, shared parental or adoption leave?

During your leave period you will retain all your contractual rights except normal pay (you may be entitled to maternity pay). You will have the right to return to your job under your original contract including pay plus any increases, and on no less favourable terms and conditions. Maternity leave, whether paid or unpaid, will count as service for annual increments and for the purposes of any service qualification period for additional annual leave.

I am on a rotational training contract, what rights do I have to return?

If you are on a planned rotation of appointments with one or more NHS employers as part of an agreed programme of training, you have the right to return to work in the same post or in the next planned post, irrespective of whether the contract would otherwise have ended if pregnancy and childbirth had not occurred. In such circumstances your contract will be extended to enable you to complete the agreed programme of training.

Will I be entitled to annual leave, and when can I take it?

Annual leave and general public holidays will continue to accrue during the whole maternity leave period. If your maternity leave period extends beyond the end of the annual leave year (31 March), you can arrange with your line manager to take your annual leave entitlement before your maternity leave begins, where this is possible. Any outstanding annual leave will be available to use on your return to work. Your line manager will need to inform pay services of any annual leave that requires carry over into the next financial year.

Do I need to keep in touch during my maternity leave?

Before going on leave you should discuss and agree with your manager how you will keep in touch.

During your maternity leave you are entitled up to a maximum of 10 keep in touch days. Keep in touch days cannot be taken during the compulsory maternity leave period, that is the two weeks following childbirth.

Your manager may initiate a programme of keep in touch days, which should be planned in advance at mutually agreed dates in consultation with you. For keeping in touch days (KITs) worked you will be paid at their basic daily rate for the hours worked, less any occupational or statutory maternity. If a keeping in touch day or shared parental leave in touch day is worked in the full pay period, we will make arrangements to ensure that you receive a day of paid leave in lieu once you have returned to work. If a keeping in touch day is worked on a day of leave in the half pay period, we will make arrangements to ensure you receives a half day of paid leave in lieu once you have returned to work. Working for part of any day will count as one day.

These days could be used for training purposes or other activities undertaken for the purpose of keeping in touch with the workplace (see appendix F and G).

You should also consider:

• any voluntary arrangements that may help you to remain aware of
• any developments at work and, nearer the time of your return, to help facilitate your return to work
• keeping your manager informed of any developments that may affect your intended date of return

11.4.2 Pay and benefits

How much maternity pay will I receive?

The amount of maternity pay you will receive will depend on your continuous service and whether you are entitled to receive contractual maternity pay as well as statutory maternity pay (this is detailed in the table in appendix 1). Employees can request from Pay

Services a projection of earnings whilst on maternity, partner, paternity, and adoption leave to allow individuals to plan for their period of leave effectively. To arrange a projection of earnings please contact rdash.payservices@nhs.net.

What other benefits might I be entitled to?

If an employee is a member of the NHS Pensions Scheme, in order to ensure the continuity of pensionable service, they will be liable to pay contributions throughout the whole of the maternity leave, including any unpaid periods. During unpaid leave, pension contributions will continue to accrue and will be deducted automatically as Pension Arrears on return from leave.

You may also be able to claim child benefit and child tax credits from the HM Revenue and Customs.

Can I still make contributions to my pension during maternity leave?

If you pay contributions to the NHS pension scheme and require these to continue during your maternity leave period, whether this is paid or unpaid, and whether you plan to return to work, you should seek advice from the pensions officer in pay services before your maternity leave begins.

What will happen to the other deductions from my salary?

During any unpaid period of maternity leave, deductions from your salary, for example, payments to health schemes, trade union, social club or professional subscriptions, will cease.

You should therefore contact the recipients of these payments, in order to make alternative arrangements. This is especially important for payments to the health schemes as if payments cease your entitlement to benefits under the scheme may be affected.

11.4.3 Unforeseen events

What happens if my baby is born prematurely?

If your baby is born before the eleventh week before the expected week of childbirth, and you are at work in the actual week of childbirth, your maternity leave will start on the first day you are absent.

If your baby is born before the eleventh week before the expected week of childbirth, and you are absent from work due to sickness during the actual week of childbirth, your maternity leave will start the day after the actual date of birth.

If your baby is born before the eleventh week before the expected week of childbirth and is in neonatal care for at least 7 consecutive days you are entitled to neonatal leave. Details can be found in section 6 of the policy.

What if things go wrong with my pregnancy?

If your baby is stillborn after the end of the 24th week of pregnancy you will still be entitled to the same maternity leave and pay.

If you have a miscarriage before the end of the 24th week of pregnancy you will be entitled to 2 weeks pregnancy loss leave as detailed in the special leave policy. Should further time of be required normal sick leave provisions will apply as necessary.

11.4.4 Returning to work

Do I need to give any notice of my return to work?

If you plan to return to work at the end of your full maternity leave you do not need to give any further notification of your return. If you plan to return to work early you must give your manager 28 days’ notice.

What will happen if I fail to return to work?

If, after indicating an intention to return to work, you fail to do so for a minimum period of 3 months, with either the trust or another NHS employer, within 15 months of the beginning of your maternity leave, you may be liable to pay back the whole of your maternity pay, less any statutory maternity pay, received.

Can I return to work on different contractual arrangements?

If you would like to return to work on different contractual arrangements, for example, a move from full time to part time; a change in hours; a change in working pattern, you should discuss this with your line manager at the earliest opportunity and no later than 4 weeks before you intend to return to work. For further information please refer to the flexible working policy and procedure available on the intranet.

Will the trust allow me time off for post-natal care?

The trust will grant paid time off to women who have recently given birth for post-natal care as in accordance with section 5.3.2.3.

Will I still be able to breastfeed if I return to work?

Guidance on returning to work whilst breastfeeding can be found in section 5.4.2.5.

11.5 Appendix E useful contacts

Child Care

Childcare provides details on local child care information.

Gingerbread for single parent families

• Gingerbread
• Phone: 0808 802 0925

Maternity Action

Maternity Action, A charity dedicated to promoting, protecting and enhancing the rights of all pregnant women, new mothers and their families to employment, social security and health care.

National Childbirth Trust

• National Childbirth Trust
• Phone: 0300 330 0700

Single parent families

Single Parents, the parenting site for single parents.

Twins Trust

• Twins Trust
• Phone: 0800 138 0509

Premature Baby Charity (BLISS)

• BLISS
• Email: hello@bliss.org.uk

The Miscarriage Association

• The Miscarriage Association
• Phone: 01924 200 799

For local contact details please refer to your GP, Midwife or Health Visitor

11.6 Appendix F guidance on keeping in touch days during maternity or shared parental leave and adoption leave

During your maternity, adoption and share parental leave periods, you and your manager may make reasonable contact in order to discuss your return to work and to make you aware of important changes taking place within the trust.

In addition, you and your manager can agree for you to attend work for up to 10 days during your maternity or adoption leave period or 20 days during shared parental leave, as a way of keeping in touch with workplace developments. These days are known as keeping in touch (KIT) days for maternity and adoption, and shared parental leave in touch (SPLiT) days. The trust encourages employees to make use of keeping-in-touch days as a positive way to keep in contact with developments within your service, team and department, and to facilitate the transition of returning to work at the end of your period of maternity leave.

During this guidance keeping in touch day and shared parental leave in touch day days will be used interchangeably. The only difference is the amount of entitlement to days, which is covered in the next section.

11.6.1 Provision to work keeping-in-touch days

Keeping-in-touch days enable you to attend work for up to a maximum of 10 days when on maternity or adoption leave or 20 days for the purpose of shared parental leave, without suffering a detriment to your family leave pay.

11.6.2 Requirement to undertake keeping-in-touch days

Whilst the trust encourages the use of keeping-in-touch days as a means of assisting employees in maintaining contact with their manager and team whilst on maternity, adoption, and shared parental leave, and to aid in making the transition of returning to work following family leave, any work undertaken during family leave is optional and must be in agreement with both you and your manager. The trust understands and is supportive of the fact that some employees may not wish to attend work whilst on maternity leave or that some employees may find it difficult to attend work because of various reasons. You should therefore feel under no pressure to attend work for keeping-in-touch days; keeping-in-touch days are entirely optional.

Under the same principle that keeping-in-touch days are optional for you as the employee, your manager is also under no obligation to allow you to attend work on the days you request to work your keeping-in-touch days. Your manager is required to assess the needs of the service and to prioritise these needs. For example, your manager may not be able to accommodate your attendance at work on the specific days or times you have requested to work because there might not be a requirement for you to perform your job role at the times of day you are requesting. However, employees should be assured that the opportunity to work keeping-in-touch days would not be unreasonably refused.

11.6.3 Timing of keeping-in-touch days

Keeping in touch days can be taken at any point during your family leave period, other than in the period of compulsory maternity leave, which is the two weeks immediately after the birth of your baby. You can attend work for a keeping in touch day for either an individual day or a consecutive number of days. The specific dates in which you will undertake your keeping in touch days should be agreed between you and your manager and will always be subject to service needs. It may be useful for you and your manager to agree whether you will undertake any keeping-in-touch days prior to starting your family leave, and if so, to produce a plan of when you might undertake these days. This would enable both parties to make any necessary arrangements ahead of the keeping-in-touch days.

11.6.4 Payment for working keeping-in-touch days and time off in lieu

For keeping in touch or shared parental leave in touch days worked the employee will be paid at their basic daily rate for the hours worked, less any occupational or statutory maternity, adoption, or shared parental leave payments.

If a keeping in touch or shared parental leave in touch day is worked in the full pay period, we will ensure that you receive a day of paid leave in lieu once the employee has returned to work. If a keeping in touch or shared parental leave 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

This will not affect your entitlement to maternity pay or adoption pay or shared parental pay for the week or weeks you undertake keeping-in touch days.

11.6.5 Employees who do not qualify for statutory maternity pay

If you are receiving maternity allowance from Jobcentre Plus because you did not qualify for statutory maternity pay, you may work for up to 10 out of 20 days during your maternity leave without losing your maternity allowance. You would receive your daily rate for work undertaken as a keeping-in-touch day, regardless of the number of hours you work during the keeping-in-touch day, plus your maternity allowance payable from the Jobcentre Plus.

11.6.6 Type of work undertaken as a keeping-in-touch day

The type of work that you undertake as a keeping-in-touch day is subject to agreement between you and your manager. This could be any activity that would ordinarily be classed as work under your contract of employment. Keeping-in-touch days would be particularly useful for attending conferences, training or team meetings. Keeping-in-touch days may also be used to phase you back into returning to work as the end of your maternity leave period approaches.

11.6.7 Hours worked during a keeping-in-touch day

Any work undertaken on a day during your maternity leave period will count as a whole keeping-in-touch day, regardless of the number of hours you attend work. As a result, if you attend work for one-hour training session and do not undertake any other work that day, you will have used one of your 10 out of 20 keeping-in-touch days.

11.6.8 Working in addition of 10 out of 20 days

You are permitted to work in excess of 10 out of 20 days during your maternity leave period, subject to agreement with your manager. However, you will lose your weeks statutory maternity pay for the period you attend work after you have exhausted your entitlement to 10out of 20 keeping-in-touch days.

11.6.9 Notifying payroll

Your manager is responsible for notifying Pay Services of any work you undertake as a keeping-in-touch day using the keeping-in-touch pro forma in appendix G.

11.6.10 Pension contributions

Payment received for working keeping-in-touch days will be subject to deductions for pension contributions along with any maternity pay you are due to receive.

11.7 Appendix G keeping in touch pro forma

Refer to appendix G: keeping in touch pro forma (staff access only).

11.8 Appendix H new parent support leave and pay (paternity leave)

Refer to appendix H: new parent support leave and pay (paternity leave) (staff access only).

11.9 Appendix I adoption leave and pay entitlements

Statutory adoption pay (SAP) is 90% of average weekly earnings for the first six weeks and the lesser of standard rate statutory maternity pay or 90% of average weekly earnings for the remaining 33 weeks.

Average weekly earnings are calculated based on earnings at the 15th week before the expected week of childbirth.

11.10 Appendix J application for adoption leave and, or pay

Refer to appendix J: application for adoption leave and, or pay (staff access only).

11.11 Appendix K matching certificate: statutory adoption leave and pay

Refer to appendix K: matching certificate: statutory adoption leave and pay (staff access only).

11.12 Appendix L pregnant worker assessment form

Refer to appendix L: pregnant worker assessment form (staff access only).

11.13 Appendix M European Union guidance on pregnant workers

11.13.1 Mental and physical fatigue and working hours

11.13.1.1 Preventative or risk control measures

It may be necessary to adjust working hours temporarily, as well as the timing and frequency of rest breaks, and to change shift patterns.

11.13.2 Working alone

11.13.2.1 Preventative or risk control measures

Depending on their medical condition, help and support needs to be available when required and emergency procedures (if needed) must take into account the needs of new and expectant mothers.

11.13.3 Lack of rest and other welfare issues (including passive smoking)

11.13.3.1 Preventative or risk control measures

Provide access to somewhere where the employee can sit or lie down comfortably, in privacy, and without disturbance, at appropriate intervals.

The manager should warn expectant mothers of any risks of environmental tobacco smoke.

11.13.4 Risk of infection or kidney disease (toilet facilities)

11.13.4.1 Preventative or risk control measures

Working practices need to be adapted, for example, in continuous processing and team working situations.

Appropriate measures must enable expectant mothers to leave their work station or activity at short notice, and more frequently than normal.

11.13.5 Noise

11.13.5.1 Preventative or risk control measures

The employer must ensure that workers who are pregnant, who have recently given birth or who are breast-feeding are not exposed to noise levels exceeding national exposure limit values.

11.13.5.2 What is the risk

There seems to be no significant risk to new and expectant mothers or to the foetus, but prolonged exposure to loud noise may lead to increased blood pressure and tiredness

11.13.5.3 Other legislation

Noise at work regulations (1989).

11.13.6 Vibration (includes whole body vibration)

11.13.6.1 Preventative or risk control measures

Excessive vibration should be avoided. It should be recognised that use of personal protective equipment by the mother will not protect the unborn child from a vibration hazard. Is this a risk anywhere?

11.13.6.2 What is the risk

Regular exposure to shocks, low frequency vibration, may increase miscarriage. Long term exposure to vibration does not cause foetal abnormalities but often occurs with heavy physical work, so there may be an increased risk of prematurity or low birth weight.

11.13.6.3 Other legislation

None specific.

11.13.7 Ionising radiation

11.13.7.1 Preventative or risk control measures

As soon as a pregnant woman informs the organisation of her condition, the protection of the unborn child must be comparable with that provided for members of the public. The equivalent dose to the unborn child has to be as low as is reasonably achievable, and will not usually exceed 1mSv during the remainder of the pregnancy.

Special attention should be paid to the possibility of nursing mothers encountering radioactive contamination and they should not be employed where there is a significant risk of contamination

11.13.7.2 What is the risk

Significant exposure to ionising radiation can be harmful to the foetus.

If a nursing mother works with radioactive liquids or dusts, these can cause exposure of the foetus, particularly through contamination of the mother’s skin.

Also there may be a risk to the foetus from radioactive contamination breathed in or ingested by the mother and transferred across the placenta.

11.13.7.3 Other legislation

Ionising Radiations Regulations (1985) and supporting codes of practice.

11.13.8 Extremes of cold or heat

11.13.8.1 Preventative or risk control measures

Pregnant workers should not be exposed to prolonged excessive heat or cold at work.

11.13.8.2 What is the risk

When pregnant, women tend to tolerate the heat less well and are liable to faint.

The risk is likely to be reduced after the birth but it is not certain how quickly an improvement comes about.

Breastfeeding may be impaired by heat dehydration

No specific problems arise from working in extreme cold, although clearly for other health and safety reasons, warm clothing should be provided.

11.13.9 Work in a high pressure atmosphere, for example, pressurised enclosures

11.13.9.1 Preventative or risk control measures

Pregnant workers should not work in a high-pressure atmosphere.

11.13.10 Chemicals and substances

11.13.10.1 Preventative or risk control measures

For work with hazardous substances, which include chemicals which may cause heritable genetic damage, employers are required to assess the health risks to workers arising from such work and where appropriate, prevent or control the risks

11.13.11 Work with display screen equipment (DSE)

11.13.11.1 Preventative or risk control measures

The commission says that pregnant women do not need to stop working with display screen equipment (DSE). However, to avoid anxiety, those who are worried about working with (DSE) should be given the opportunity to discuss their concerns with someone adequately informed of current information and advice.

11.13.11.2 What is the risk

The levels of ionising and non ionising electromagnet radiation which are likely to be generated by display screen equipment are well below those set out in international recommendations for limiting risks to human health created by such emissions and the National Radiological Protection Board does not consider such levels to pose a significant risk to health.

No special protective measures are therefore needed to protect the health of people from this radiation

11.13.11.3 Other legislation

Control of Substances Hazardous to Health Regulations (1994): approved Code of Practice on the Control of biological agents: approved list of biological agents.

Display screen equipment regulations (1992).

11.13.12 Biological agent or hazard exposure to hepatitis B, human immunodeficiency virus (HIV)

11.13.12.1 Preventative or risk control measures

A general risk assessment must be carried out, which will take into account the biological agent, how infection is spread, how likely contact is, and what control measures are.

11.13.12.2 What is the risk

These may be transmitted through the placenta while the child is in the womb

11.13.12.3 Other legislation

Control of Substances Hazardous to Health Regulations (1994) and other legislation.

11.13.13 Substances

Substances labelled R40, R45, R46 and R47 under directive 67/548/EEC (since amended on a number of occasions). Mercury and mercury derivatives (this is being phased out in the trust) and Cytotoxic drugs.

11.13.13.1 Preventative or risk control measures

Specialist advice should be sort in areas with these substances. There is no known threshold limit and exposure must be reduced to as low as level as is reasonably practicable.

Assessment of the risk should look particularly at the drug for use (pharmacist, nurses).

Health and Safety Executive guidance notes on precautions for the safe handling of cytotoxic drugs should be consulted to reduce risks.

Those who are trying to conceive a child or are pregnant or breastfeeding should be fully informed of the reproductive effects.

11.13.13.2 What is the risk

In the long term these drugs cause damage to genetic information in sperm and eggs. Some can cause cancer. Absorption is by inhalation.

11.13.14 Pesticides carbon monoxide, lead and lead derivatives

11.13.14.1 Preventative or risk control measures

Avoid.

11.13.15 Additional aspects

In addition to the table there are other aspects, which will affect the pregnant worker and these are:

11.13.15.1 Aspects of pregnancy

• Morning sickness.
• Backache.
• Standing and sitting.
• Varicose veins.
• Haemorrhoids.
• Manual handling.
• Frequent visits to the toilet.
• Increasing in size.
• Tiredness.
• Comfort.
• Balance, dexterity, agility and co-ordination.
• Speed of movement, reach.

11.13.15.2 Factors in work

• Early shift work.
• Standing, manual handling and posture.
• Working in hot conditions.
• Difficulty in leaving job or site of work.
• Overtime.
• Evening work.
• Problems of working in tight fitting workspaces.
• Use of protective clothing.
• Work in confined area.
• Problems of working on slippery and wet surfaces.
• Exposure to nauseating smells.

11.14 Appendix N template letters for new parent support leave (paternity leave)

Refer to appendix N: template letters for new parent support leave (paternity leave) (staff access only).

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Document control

• Version: 5.
• Unique reference number: 443.
• Approved by: people and teams group.
• Date approved: 10 June 2025.
• Name of originator or author: associate human resource partner.
• Name of responsible individual: executive director of people and organisational development.
• Date issued: 31 July 2025.
• Review date: 31 July 2028.
• Target audience: all trust employees and agency employees.

Page last reviewed: July 31, 2025
Next review due: July 31, 2026

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