Family Friendly Policies and Procedures
1. Maternity policy
Notification
1.1. You must inform us as soon as possible that you are pregnant. This is important as there are health and safety considerations.
1.2. The definitions in this paragraph apply in this policy.
Expected Week of Childbirth: the week, starting on a Sunday, in which your doctor or midwife expects you to give birth.
Qualifying Week: the fifteenth week before the Expected Week of Childbirth.
1.3. Before the end of the Qualifying Week, or as soon as reasonably practical afterwards, you must tell us:
- (a) That you are pregnant;
- (b) The expected week of childbirth; and
- (c) The date on which you would like to start your maternity leave (intended start date).
1.4. You must provide a certificate from a doctor or midwife (usually on a MAT B1 form) confirming your Expected Week of Childbirth.
Time off for ante-natal care
1.5. If you are pregnant you may take reasonable paid time off during working hours for ante-natal care. You should try to give us as much notice as possible of the appointment.
1.6. We may ask you to provide the following:
- (a) A certificate from the doctor, midwife or health visitor stating that you are pregnant; and
- (b) An appointment card
Sickness
1.7. Periods of pregnancy-related sickness absence will be paid in accordance with the statutory sick pay scheme.
1.8. Periods of pregnancy-related sickness absence from the start of your pregnancy until the end of your maternity leave will be recorded separately from other sickness records and will be disregarded in any future employment-related decisions.
1.9. If you are absent for a pregnancy-related reason during the four weeks before your Expected Week of Childbirth, your maternity leave will usually start automatically.
Entitlement to maternity leave
1.10. All employees are entitled to up to 52 weeks’ maternity leave which is divided into:
- (a) Ordinary maternity leave of 26 weeks (OML).
- (b) Additional maternity leave of a further 26 weeks immediately following OML (AML).
Starting maternity leave
1.11. The earliest date you can start maternity leave is 11 weeks before the Expected Week of Childbirth (unless your child is born prematurely before that date).
1.12. You must notify us of your Intended Start Date. We will then write to you within 28 days to inform you of the date we will expect you to return to work if you take your full entitlement to maternity leave (Expected Return Date).
1.13. You can postpone or bring forward your Intended Start Date by informing us in writing at least 28 days before the original Intended Start Date, or if that is not possible, as soon as reasonably practicable.
1.14. Maternity leave will start on the earlier of:
- (a) Your Intended Start Date; or
- (b) The day after any day on which you are absent for a pregnancy-related reason during the four weeks before the Expected Week of Childbirth; or
- (c) The day after you give birth.
1.15. If you give birth before your maternity leave was due to start, you must let us know the date of the birth in writing as soon as possible.
1.16. The law prohibits you from working during the two weeks immediately following childbirth.
Statutory maternity pay
1.17. Statutory maternity pay (SMP) is payable for up to 39 weeks. SMP will stop being payable if you return to work (except where you are simply keeping in touch).
1.18. You are entitled to SMP if:
- (a) You have been continuously employed for at least 26 weeks at the end of the Qualifying Week and are still employed by us during that week;
- (b) Your average weekly earnings during the eight weeks ending with the Qualifying Week (the Relevant Period) are not less than the lower earnings limit set by the Government;
- (c) You provide us with a doctor’s or midwife’s certificate (MAT B1 form) stating your Expected Week of Childbirth;
- (d) You give at least 28 days’ notice (or, if that is not possible, as much notice as you can) of your intention to take maternity leave; and
- (e) You are still pregnant 11 weeks before the start of the Expected Week of Childbirth or have already given birth.
1.19. SMP is calculated as follows:
- (a) First six weeks: SMP is paid at the Earnings-Related Rate of 90% of your average weekly earnings calculated over the Relevant Period;
- (b) Remaining 33 weeks: SMP is paid at the Prescribed Rate which is set by the Government for the relevant tax year, or the Earnings-Related Rate if this is lower.
1.20. SMP accrues from the day on which you commence your OML and thereafter at the end of each complete week of absence.
1.21. You will still be eligible for SMP if you leave employment for any reason after the start of the Qualifying Week. In such cases, if your maternity leave has not already begun, SMP will start to accrue in whichever is the later of:
- (a) The week following the week in which employment ends; or
- (b) The eleventh week before the expected week of childbirth.
Redundancies during maternity leave
1.22. In the event that your role is affected by a redundancy situation during your maternity leave, we will write to inform you of any proposals and invite you to a meeting before any final decision is reached as to your continued employment. If you are on maternity leave you will be given first refusal on any suitable alternative vacancies that are appropriate to your skills.
Keeping in touch
1.23. We may make reasonable contact with you from time to time during your maternity leave.
1.24. You may work (including attending training) for up to ten days during maternity leave without bringing your maternity leave or SMP to an end.
1.25. Shortly before you are due to return to work, we may invite you to have a discussion about the arrangements for your return. This may cover:
- (a) Updating you on any changes that have occurred during your absence;
- (b) Any training needs you might have; and
- (c) Any changes to working arrangements.
Expected return date
1.26. Once you have notified us in writing of your Intended Start Date, we will send you a letter within 28 days to inform you of your Expected Return Date. If your start date has been changed we will write to you within 28 days of the start of maternity leave with a revised Expected Return Date.
1.27. We will expect you back at work on your Expected Return Date unless you tell us otherwise. It will help us if, during your maternity leave, you are able to confirm that you will be returning to work as expected.
Returning early
1.28. If you wish to return to work earlier than the Expected Return Date, you must give us eight weeks’ prior written notice.
1.29. If insufficient notice is given, we may postpone your return date until eight weeks after you gave notice, or to the Expected Return Date if sooner.
Returning late
1.30. If you wish to return later than the Expected Return Date, you should either:
- (a) Request unpaid parental leave in accordance with our Parental Leave Policy, giving us as much notice as possible but not less than 21 days; or
- (b) Request paid annual leave in accordance with your contract, which will be at our discretion.
1.31. If you are unable to return to work due to sickness or injury, this will be treated as sickness absence and our Sickness Absence Policy will apply.
1.32. In any other case, late return will be treated as unauthorised absence and you may be subjected to our Disciplinary Procedure.
Deciding not to return
1.33. If you do not intend to return to work, or are unsure, it is helpful if you discuss this with us as early as possible. If you decide not to return you should give notice of resignation in accordance with your Contract of Employment. The amount of maternity leave left to run when you give notice must be at least equal to your contractual notice period, otherwise we may require you to return to work for the remainder of the notice period.
1.34. Once you have given notice that you will not be returning to work, you cannot change your mind without our agreement.
1.35. This does not affect your right to receive SMP.
Your rights when you return
1.36. You are normally entitled to return to work in the same position as you held before commencing leave. Your terms of employment will be the same as they would have been had you not been absent.
1.37. However, if you have taken any period of AML or more than four weeks’ parental leave, and it is not reasonably practicable for us to allow you to return into the same position, we may give you another suitable and appropriate job on terms and conditions that are not less favourable.
Returning to work part-time
1.38. We will deal with any requests by you to change your working patterns (such as working part-time) after maternity leave on a case-by-case basis, bearing in mind the needs of our business and complying with the statutory flexible working procedures.
2. Paternity leave policy
Eligibility
2.1. You are entitled to ordinary paternity leave (OPL) if you meet all the following conditions:
- (a) You have been continuously employed by us for at least 26 weeks ending with:
- (i) In birth cases, the week immediately before the 14th week before the Expected Week of Childbirth.
- (ii) In adoption cases, the week in which you or your partner are notified by an adoption agency that you/they have been matched with a child.
- (b) You:
- (i) Are the biological father of the child;
- (ii) Have been matched with a child by an adoption agency;
- (iii) Are the spouse, civil partner or partner of the child’s mother; or
- (iv) Are the spouse, civil partner or Partner of someone who has been matched with a child by an adoption agency.
- (c) You:
- (i) Expect to have main responsibility (with the child’s mother, co-adopter or adopter) for the child’s upbringing; or
- (ii) Are the child’s biological father and you expect to have some responsibility for the child’s upbringing.
- (d) Your intended leave is for the purpose of caring for the child, or supporting the child’s mother, adopter or co-adopter in caring for the child.
2.2. You are entitled to additional paternity leave (APL) if, in addition to the conditions above:
- (a) You remain employed by us until the week before the first week of your APL;
- (b) The child’s mother or your co-adopter has been entitled to statutory leave:
- (i) In birth cases, the child’s mother has been entitled to maternity leave, statutory maternity pay or maternity allowance in respect of her pregnancy, or
- (ii) In adoption cases, the child’s adopter has been entitled to one or both of adoption leave or statutory adoption pay in respect of the child’s adoption; and
- (c) The child’s mother or your co-adopter had returned to work.
Timing and length
2.3. OPL must be taken as a period of either one week or two consecutive weeks. It cannot be taken in instalments.
2.4. OPL can be taken from the date of the child’s birth or adoption placement, but must end:
- (a) In birth cases, within 56 days of the child’s birth, or if they were born before the first day of the Expected week of Childbirth, within 56 days of the first day of the Expected Week of Childbirth.
- (b) In adoption cases, within 56 days of the child’s placement.
2.5. The minimum amount of APL that can be taken is two weeks and the maximum is 26 weeks. APL must be taken in the period beginning 20 weeks after the child’s date of birth, or adoption placement and ending 12 months after that date of birth or adoption.
Notice
2.6. If you wish to take OPL in relation to a child’s birth, you must give us written notice, before the 14th week prior to the Expected Week of Childbirth (or, if this is not possible, as soon as you can), of your intention to do so and confirm:
- (a) The Expected Week of Childbirth;
- (b) Whether you intend to take one week’s leave or two consecutive weeks’ leave; and
- (c) When you would like to start your leave. You can state that your leave will start on:
- (i) The day of the child’s birth;
- (ii) A day which is a specified number of days after the child’s birth; or
- (iii) A specific date later than the first date of the Expected Week of Childbirth.
2.7. If you wish to take APL in relation to a child’s birth, you must provide us with the following at least eight weeks before the date on which you would like to start your leave:
- (a) A written “leave notice” stating:
- (i) The Expected Week of Childbirth;
- (ii) The child’s date of birth; and
- (iii) The dates on which you would like your APL to start and finish.
- (b) A signed “employee declaration” confirming that:
- (i) You are either the child’s father or that you are the spouse, partner or civil partner of the child’s mother;
- (ii) Apart from the child’s mother, you have or expect to have the main responsibility for the upbringing of the child; and
- (iii) You wish to take APL in order to care for the child.
- (c) A written “mother declaration” from the child’s mother stating:
- (i) Her name, address and National Insurance number;
- (ii) The date she intends to return to work;
- (iii) Your relationship with the child;
- (iv) That, to her knowledge, you are the only person exercising an entitlement to APL in respect of the child; and
- (v) That she consents to us processing the information she has provided.
2.8. We may require you to provide a copy of the child’s birth certificate and the name and address of the mother’s employer or, if she is self-employed, her business address.
2.9. If you wish to take paternity leave in adoption cases please contact us for details of the notification requirements that you must comply with which are different from those set out above.
Pay
2.10. In this paragraph, Relevant Period means:
- (a) In birth cases, the eight-week period ending immediately before the 14th week before the Expected Week of Childbirth; or
- (b) In adoption cases, the eight-week period ending immediately before the week in which you or your spouse, civil partner, or partner were notified of being matched with the child.
2.11. If you take OPL in accordance with this policy, you will be entitled to ordinary statutory paternity pay (OSPP) if, during the Relevant Period, your average weekly earnings are not less than the lower earnings limit set by the government.
2.12. If you take APL in accordance with this policy, you may be entitled to additional statutory paternity pay (ASPP). Any entitlement to ASPP will depend on:
- (a) Your average weekly earnings being not less than the lower earnings limit set by the government during the Relevant Period; and
- (b) The child’s mother or your co-adopter, as the case may be, having returned to work without having taken at least two weeks of their maternity allowance, maternity pay or adoption pay period. Your entitlement to ASPP will equate to the number of weeks of unexpired maternity allowance, maternity pay or adoption pay that remained when the child’s mother or your co-adopter returned to work.
2.13. OSPP and ASPP are paid at a prescribed rate which is set by the Government for the relevant tax year, or at 90% of your average weekly earnings calculated over the Relevant Period if this is lower.
3. Shared Parental Leave policy
3.1. This policy outlines the arrangements for shared parental leave and pay in relation to the birth of a child.
3.2. This policy applies to employees. It does not apply to agency workers or self-employed contractors.
3.3. This policy does not form part of any employee’s contract of employment and we may amend it at any time.
Frequently used terms
3.4. The definitions in this paragraph apply in this policy.
Expected week of childbirth (EWC): the week, beginning on a Sunday, in which the doctor or midwife expects your child to be born.
Parent: One of two people who will share the main responsibility for the child’s upbringing (and who may be either the mother, the father, or the mother’s partner if not the father).
Partner: your spouse, civil partner or someone living with you in an enduring family relationship, but not your sibling, child, parent, grandparent, grandchild, aunt, uncle, niece or nephew.
Qualifying Week: the fifteenth week before the EWC.
What is shared parental leave?
3.5. Shared parental leave (SPL) is a form of leave that gives you and your partner more flexibility in how to share the care of your child in the first year after birth than simply taking maternity and paternity leave. Assuming you are both eligible, you will be able to choose how to split the available leave between you, and can decide to be off work at the same time or at different times. You may be able to take leave in more than one block.
Entitlement to SPL
3.6. You are entitled to SPL in relation to the birth of a child if:
- (a) you are the child’s mother, and share the main responsibility for the care of the child with the child’s father or with your partner;
- (b) you are the child’s father and share the main responsibility for the care of the child with the child’s mother; or
- (c) you are the mother’s partner and share the main responsibility for the care of the child with the mother (where the child’s father does not share the main responsibility with the mother).
3.7. The following conditions must also be fulfilled:
- (a) you must have at least 26 weeks continuous employment with us by the end of the Qualifying Week, and still be employed by us in the week before the leave is to be taken;
- (b) the other parent must have worked (in an employed or self-employed capacity) in at least 26 of the 66 weeks before the EWC and had average weekly earnings of at least £30 during 13 of those weeks; and
- (c) you and the other parent must give the necessary statutory notices and declarations as summarised below, including notice to end any maternity leave, statutory maternity pay (SMP) or maternity allowance (MA) periods.
3.8. The total amount of SPL available is 52 weeks, less the weeks spent by the child’s mother on maternity leave (or the weeks in which the mother has been in receipt of SMP or MA if she is not entitled to maternity leave).
3.9. If you are the mother you cannot start SPL until after the compulsory maternity leave period, which lasts until two weeks after birth.
3.10. If you are the child’s father or the mother’s partner, you should consider using your two weeks’ paternity leave before taking SPL. Once you start SPL you will lose any untaken paternity leave entitlement. SPL entitlement is additional to your paternity leave entitlement.
Opting in to shared parental leave and pay
3.11. Not less than eight weeks before the date you intend your SPL to start, you must give us a written opt-in notice giving:
- (a) your name and the name of the other parent;
- (b) if you are the child’s mother, the start and end dates of your maternity leave;
- (c) if you are the child’s father or the mother’s partner, the start and end dates of the mother’s maternity leave, or if she is not entitled to maternity leave, the start and end dates of any SMP or MA period;
- (d) the total SPL available, which is 52 weeks minus the number of weeks’ maternity leave, SMP or MA period taken or to be taken;
- (e) how many weeks of the available SPL will be allocated to you and how many to the other parent (you can change the allocation by giving us a further written notice, and you do not have to use your full allocation);
- (f) if you are claiming statutory shared parental pay (ShPP), the total ShPP available, which is 39 weeks minus the number of weeks of the SMP or MA period taken or to be taken);
- (g) how many weeks of available ShPP will be allocated to you and how much to the other parent. (You can change the allocation by giving us a further written notice, and you do not have to use your full allocation);
- (h) an indication of the pattern of leave you are thinking of taking, including suggested start and end dates for each period of leave. This indication will not be binding at this stage, but please give as much information as you can about your future intentions; and
- (i) declarations by you and the other parent that you both meet the statutory conditions to enable you to take SPL and ShPP.
Ending your maternity leave
3.12. If you are the child’s mother and want to opt into the SPL scheme, you must give us at least eight weeks’ written notice to end your maternity leave (a curtailment notice) before you can take SPL. The notice must state the date your maternity leave will end. You can give the notice before or after you give birth, but you cannot end your maternity leave until at least two weeks after birth.
3.13. You must also give us, at the same time as the curtailment notice, a notice to opt into the SPL scheme or a written declaration that the other parent has given their employer an opt-in notice and that you have given the necessary declarations in that notice.
3.14. The other parent may be eligible to take SPL from their employer before your maternity leave ends, provided you have given the curtailment notice.
3.15. The curtailment notice is binding and cannot usually be revoked. You can only revoke a curtailment notice if maternity leave has not yet ended and one of the following applies:
- (a) if you realise that neither you nor the other parent are in fact eligible for SPL or ShPP, in which case you can revoke the curtailment notice in writing up to eight weeks after it was given;
- (b) if you gave the curtailment notice before giving birth, you can revoke it in writing up to eight weeks after it was given, or up to six weeks after birth, whichever is later; or
- (c) if the other parent has died.
3.16. Once you have revoked a curtailment notice you will be unable to opt back in to the SPL scheme in most circumstances.
Ending your partner’s maternity leave or pay
3.17. If you are not the mother, but the mother is still on maternity leave or claiming SMP or MA, you will only be able to take SPL once she has either:
- (a) returned to work;
- (b) given her employer a curtailment notice to end her maternity leave;
- (c) given her employer a curtailment notice to end her SMP (if she is entitled to SMP but not maternity leave); or
- (d) given the benefits office a curtailment notice to end her MA (if she is not entitled to maternity leave or SMP).
Evidence of entitlement
3.18. You must also provide on request:
- (a) A copy of the birth certificate (or if you have not yet obtained a birth certificate, a signed declaration of the child’s date and place of birth); and
- (b) The name and address of the other parent’s employer (or a declaration that they have no employer).
Booking your SPL dates
3.19. Having opted into the SPL system, you must book your leave by giving us a period of leave notice. This may be given at the same time as the opt-in notice or later, provided it is at least eight weeks before the start of SPL.
3.20. The period of leave notice can either give the dates you want to take leave or, if the child has not been born yet, it can state the number of days after birth that you want the leave to start and end. This may be particularly useful if you intend to take paternity leave starting on the date of birth and wish to take SPL straight afterwards.
3.21. Leave must be taken in blocks of at least one week.
3.22. If your period of leave notice gives a single continuous block of SPL you will be entitled to take the leave set out in the notice.
3.23. If your period of leave notice requests split periods of SPL, with periods of work in between, we will consider your request.
3.24. You can give up to three period of leave notices. This may enable you to take up to three separate blocks of SPL (although if you give a notice to vary or cancel a period of leave this will in most cases count as a further period of leave notice).
Procedure for requesting split periods of SPL
3.25. In general, a period of leave notice should set out a single continuous block of leave. We may be willing to consider a period of leave notice where the SPL is split into shorter periods with periods of work in between. It is best to discuss this with your manager and HR in good time before formally submitting your period of leave notice. This will give us more time to consider the request and hopefully agree a pattern of leave with you from the start.
3.26. If you want to request split periods of SPL, you must set out the requested pattern of leave in your period of leave notice. We will either agree to the request or start a two-week discussion period. At the end of that period, we will confirm any agreed arrangements in writing. If we have not reached agreement, you will be entitled to take the full amount of requested SPL as one continuous block, starting on the start date given in your notice (for example, if you requested three separate periods of four weeks each, they will be combined into one 12-week period of leave). Alternatively, you may:
- (a) choose a new start date (which must be at least eight weeks after your original period of leave notice was given), and tell us within five days of the end of the two-week discussion period; or
- (b) withdraw your period of leave notice within two days of the end of the two-week discussion period (in which case the notice will not be counted and you may submit a new one if you choose).
Changing the dates or cancelling your SPL
3.27. You can cancel a period of leave by notifying us in writing at least eight weeks before the start date in the period of leave notice.
3.28. You can change the start date for a period of leave by notifying us in writing at least eight weeks before the original start date and the new start date.
3.29. You can change the end date for a period of leave by notifying us in writing at least eight weeks before the original end date and the new end date.
3.30. You can combine split periods of leave into a single continuous period of leave by notifying us in writing at least eight weeks before the start date of the first period.
3.31. You can request that a continuous period of leave be split into two or more discontinuous periods with periods of work in between..
3.32. A notice to change or cancel a period of leave will count as one of your three period of leave notices, unless:
- (a) the variation is a result of your child being born earlier or later than the EWC;
- (b) the variation is at our request; or
- (c) we agree otherwise.
Premature birth
3.33. Where the child is born early (before the beginning of the EWC), you may be able to start SPL in the eight weeks following birth even though you cannot give eight weeks notice. The following rules apply:
- (a) If you have given a period of leave notice to start SPL on a set date in the eight weeks following the EWC, but your child is born early, you can move the SPL start date forward by the same number of days, provided you notify us in writing of the change as soon as you can. (If your period of leave notice already contained a start date which was a set number of days after birth, rather than a set date, then no notice of change is necessary.)
- (b) If your child is born more than eight weeks early and you want to take SPL in the eight weeks following birth, please submit your opt-in notice and your period of leave notice as soon as you can.
Shared parental pay
3.34. You may be able to claim Statutory Shared Parental Pay (ShPP) of up to 39 weeks (less any weeks of SMP or MA claimed by you or your partner) if you have at least 26 weeks’ continuous employment with us at the end of the Qualifying Week and your average earnings are not less than the lower earnings limit set by the government each tax year. ShPP is paid by employers at a rate set by the government each year.
3.35. You should tell us in your period of leave notice(s) whether you intend to claim ShPP during your leave (and if applicable, for what period). If it is not in your period of leave notice you can tell us in writing, at least eight weeks before you want ShPP to start.
Other terms during shared parental leave
3.36. Your terms and conditions of employment remain in force during SPL, except for the terms relating to pay.
3.37. Annual leave entitlement will continue to accrue at the rate provided under your contract. If your SPL will continue into the next holiday year, any holiday entitlement that cannot reasonably be taken before starting your leave can be carried over and must be taken immediately before returning to work unless your Line Manager agrees otherwise. You should try to limit carry over to one week’s holiday or less. Carry over of more than one week is at your Line Manager’s discretion. Please discuss your holiday plans with your manager in good time before starting SPL. All holiday dates are subject to approval by your manager.
3.38. If you are a member of the pension scheme, we will make employer pension contributions during any period of paid SPL, based on your normal salary, in accordance with the pension scheme rules.
Keeping in touch
3.39. We may make reasonable contact with you from time to time during your SPL although we will keep this to a minimum. This may include contacting you to discuss arrangements for your return to work.
3.40. You may ask or be asked to work (including attending training) on up to 20 “keeping-in-touch” days (KIT days) during your SPL. This is in addition to any KIT days that you may have taken during maternity leave. KIT days are not compulsory and must be discussed and agreed with your Line Manager.
3.41. You will be paid at your normal basic rate of pay for time spent working on a KIT day and this will be inclusive of any shared parental pay entitlement.
Returning to work
3.42. If you want to end a period of SPL early, you must give us eight weeks’ written notice of the new return date. If have already given us three period of leave notices you will not be able to end your SPL early without our agreement.
3.43. If you want to extend your SPL, assuming you still have unused SPL entitlement remaining, you must give us a written period of leave notice at least eight weeks before the date you were due to return to work. If you have already given us three period of leave notices you will not be able to extend your SPL without our agreement. You may instead be able to request annual leave or ordinary parental leave, subject to the needs of the business.
3.44. You are normally entitled to return to work in the position you held before starting SPL, and on the same terms of employment. However, if it is not reasonably practicable for us to allow you to return into the same position, we may give you another suitable and appropriate job on terms and conditions that are not less favourable, but only in the following circumstances:
- (a) if your SPL and any maternity or paternity leave you have taken adds up to more than 26 weeks in total (whether or not taken consecutively); or
- (b) if you took SPL consecutively with more than four weeks of ordinary parental leave.
3.45. If you want to change your hours or other working arrangements on return from SPL you should make a request under our Flexible Working Policy. It is helpful if such requests are made as early as possible.
3.46. If you decide you do not want to return to work you should give notice of resignation in accordance with your contract.
4. Parental leave policy
4.1. This policy reflects the statutory right of employees with at least one year’s continuous service to take up to 18 weeks’ unpaid parental leave in respect of each child.
4.2. Any parental leave that employees take in relation to a child while working for another employer counts towards their entitlement. If you have taken parental leave in relation to a child during previous or concurrent employment, you should provide details to us.
4.3. To take a period of parental leave in relation to a child, you must:
- (a) Have at least one year’s continuous employment;
- (b) Have or expect to have responsibility for the child i.e. You:
- (i) Are the child’s biological mother or father (whether or not you are living with the child);
- (ii) Are the child’s adoptive parent; or
- (iii) Otherwise have legal parental responsibility for the child; and
- (c) Be taking the leave to spend time with or otherwise care for the child.
Timing of parental leave
4.4. You can take parental leave before the child’s 18th birthday.
4.5. You may not take more than four weeks’ parental leave each year in relation to each child. A year for this purpose begins on the date when you became entitled to take parental leave in relation to the child in question.
4.6. Parental leave must be taken in blocks of a whole week or a whole number of weeks, unless the leave is to be taken in respect of a disabled child.
4.7. For the purposes of this policy, a disabled child means a child who is entitled to a disability living allowance, armed forces independence allowance or personal independence payment.
Notification requirements
4.8. You must give us written notice of your intention to take parental leave. The notice requirements are as follows:
- (a) If you wish to take parental leave commencing immediately on the birth of a child, you must give notice of this intention at least 21 days before the start of the expected week of childbirth (EWC). The notice must specify the EWC and the duration of the period of leave required.
- (b) If you wish to take parental leave commencing immediately on the adoption of a child, you should give notice of this intention at least 21 days before the start of the expected week of placement (EWP). If this is not possible, you must give as much notice as you can. The notice must specify the EWP and the duration of the period of leave required.
- (c) In all other circumstances, you must give notice of your intention to take parental leave at least 21 days before you intend the leave to start. The notice must specify the dates on which the period of leave is to begin and end.
Evidential Requirements
4.9. Before you take a period of parental leave under this policy, you must provide us with evidence of:
- (a) Your responsibility or expected responsibility for the child; and
- (b) The child’s date of birth or date of adoption placement.
Our right to postpone parental leave
4.10. Although we will always try to accommodate your request for parental leave, we might postpone a requested period of parental leave for up to six months where the requested leave would unduly disrupt our business, for example, where:
- (a) you wish to take parental leave during a peak period;
- (b) a number of employees wish to take leave at the same time;
- (c) your work at that time is of importance to a time-critical project; or
- (d) cover for your work cannot be found before the date on which your parental leave is due to start.
4.11. If we need to postpone your request for parental leave, we will consult with you about alternative dates. We will notify you in writing of the reason for postponement and the new start and end dates for your parental leave, no more than seven days after receipt of your request for leave.
4.12. We will not postpone parental leave if you have requested it to start immediately on the birth or adoption of a child.
4.13. We will not postpone parental leave if the postponement would result in the leave being taken after the child’s 18th birthday.
Terms and conditions during parental leave
4.14. Parental leave under this policy is unpaid. Your contractual provisions relating to pay and benefits are suspended during parental leave.
4.15. During parental leave you will remain bound by your obligation of good faith towards us, as well as any contractual terms relating to the giving of notice, the disclosure of confidential information.
Returning to work
4.16. You are normally entitled to return to work following parental leave to the same position you held before commencing leave. Your terms of employment will be the same as they would have been had you not been absent.
4.17. However, it might not be possible for us to allow you to return to the same job where your period of parental leave has been longer than four weeks, or has been combined with a period of additional maternity or adoption leave. In such circumstances, we will offer you a suitable and appropriate alternative position.
4.18. We will deal with any requests by you to change your working patterns (such as working part-time) after parental leave on a case-by-case basis. We will try to accommodate your wishes unless there is a justifiable reason for refusal, bearing in mind the needs of our business. It is helpful if flexible working requests are made as early as possible.
5. Time off for dependants policy
5.1. All employees have a right to take a reasonable amount of unpaid time off work when it is necessary to:
- (a) Provide assistance when a dependant falls ill, gives birth, is injured or assaulted;
- (b) Make longer-term care arrangements for a dependant who is ill or injured;
- (c) Take action required in consequence of the death of a dependant;
- (d) Deal with the unexpected disruption, termination or breakdown of arrangements for the care of a dependant; and/or
- (e) Deal with an unexpected incident involving your child during school hours.
5.2. A dependant for the purposes of this policy is:
- (a) A spouse, civil partner, parent or child;
- (b) A person who lives in the same household as you, but who is not your tenant, lodger, boarder or employee; or
- (c) Anyone else who reasonably relies on you to provide assistance, make arrangements or take action of the kind referred to in the above paragraph.
5.3. Reasonable time off in relation to a particular problem will not normally be more than one to two days. Dependants’ leave will not extend to the handling of prolonged “emergencies” but is rather to allow you time to establish alternative arrangements to cope with such situations.
Exercising the right to time off
5.4. You will only be entitled to time off under this policy if, as soon as is reasonably practicable, you tell us the reason for your absence and how long you expect to be away from work.
5.5. If you fail to notify us of the above, or provide us with any reasonably requested evidence or abuse this policy, you may be subject to disciplinary proceedings under our Disciplinary Procedure.
6. Flexible working
6.1. We are committed to providing equality of opportunity in employment and to developing work practices and policies that support work-life balance. We recognise that, in addition to helping balance work and personal lives, flexible working can raise staff morale, reduce absenteeism and improve our use and retention of staff.
6.2. Any employee interested in flexible working is advised to request an informal meeting with us to discuss their eligibility, the different options and the effect of their proposed work pattern on colleagues and our business before submitting a formal or informal request.
Forms of flexible working
6.3. Flexible working can incorporate a number of changes to working arrangements, including:
- (a) Reduction or variation of working hours;
- (b) Reduction of the number of days worked each week; and/or
- (c) Working from a different location.
Eligibility for the formal right to request procedure
6.4. To be eligible to make a request under the formal procedure, you must:
- (a) Be an employee;
- (b) Have worked for us continuously for 26 weeks at the date your request is made;
- (c) Not have made a formal request to work flexibly during the last 12 months (each 12-month period runs from the date when the most recent application was made).
Making a formal flexible working request
6.5. You will need to submit a written application if you would like your flexible working request to be considered under the formal procedure. Your written and dated application should be submitted to Nicola Horne (nicolah@j2.net) and should:
- (a) State that it is a formal flexible working request;
- (b) Explain the reasons for your request, especially if you think our Equal Opportunities Policy may be relevant, e.g. of your request concerns childcare or other family commitments, religious or cultural requests or adjustments because of a disability;
- (c) Provide as much information as you can about your current and desired working pattern, including working days, hours and start and finish times, and give the date from which you want your desired working pattern to start;
- (d) Address the effect the changes to your working pattern will have on the work that you do, that of your colleagues and on our business. If you have any suggestions about dealing with any potentially negative effects, please include these in your written application;
- (e) Provide information to confirm that you meet the eligibility criteria;
- (f) State whether you have made a previous formal request for flexible working and, if so, when; and
- (g) Ideally be submitted at least two months before you wish the changes you are requesting to take effect.
6.6. We might be able to agree your proposal without the need for a meeting. If that is the case, we will write to you, confirming the decision and explaining the permanent changes that will be made to your Contract of Employment.
6.7. If your proposal cannot be accommodated, discussion may result in an alternative working pattern that can assist you.
Meeting
6.8. We will arrange a meeting at a convenient time and place to discuss your request. You may be accompanied at the meeting by a colleague of your choice (who may also be a trade union representative). They will be entitled to speak and confer privately with you, but may not answer questions on your behalf.
Decision
6.9. We will inform you in writing of our decision as soon as possible after the meeting.
6.10. If your request is accepted, we will write to you with details of the new working arrangements and the date on which they will commence. You will be asked to sign and return a copy of the letter.
6.11. If we cannot immediately accept your request we may require you to undertake a trial period before reaching a final decision on your request.
6.12. Unless otherwise agreed, changes to your terms of employment will be permanent.
6.13. We may reject your request for one or more of the following business reasons:
- (a) the burden of additional costs;
- (b) detrimental effect on ability to meet customer demand;
- (c) inability to reorganise work among existing staff;
- (d) inability to recruit additional staff;
- (e) detrimental impact on quality;
- (f) detrimental impact on performance;
- (g) insufficiency of work during the periods that you propose to work; or
- (h) planned changes.
6.14. If we are unable to agree to your request, we will write to tell you which of those reasons applies in your case. We will also set out the appeal procedure.
Appeal
6.15. You may appeal in writing within 14 days of receiving our written decision.
6.16. Your appeal must be dated and must set out the grounds on which you are appealing.
6.17. We will hold a meeting with you to discuss your appeal. You may bring a colleague to the meeting (who may also be a trade union representative).
6.18. We will tell you in writing of our final decision as soon as possible after the appeal meeting, including reasons. There is no further right of appeal.
6.19. If your appeal is rejected, the written decision will give the business reason(s) for the decision and explain why the reason(s) apply in your case. You will not be able to make another formal request until 12 months after the date of your original application.
Withdrawal
6.20. If you withdraw a formal request for flexible working, you will not be eligible to make another formal request for 12 months from the date of your original request.
6.21. In certain circumstances, a request made under the formal procedure will be treated as withdrawn. This will occur if you fail to attend two meetings under the formal procedure without reasonable cause. In such circumstances, we will write to you confirming that the request has been treated as withdrawn.