policy on carers leave - childcarebenefits.bdct.nhs.uk

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POLICY ON CARERS LEAVE

(Incorporating: Maternity Leave, Adoption Leave, Parental Leave, Paternity/maternity support Leave and Domestic Leave)

Author (name and designation) Human Resources Department Anita Burrell, Wendy Davis

Version 3

Supercedes Policy on Carers Leave April 2007

Approval Committee JCC and LNC, 29 July 2010

Ratified by: Executive Directors

Date ratified: 3 August 2010

Date issued: 13 August 2010

Review Date: April 2013

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MAIN CONTENTS

Page 1 Introduction 3 2 Purpose and Scope of the Policy 3 3 Roles and Responsibilities 3 4 Appeal 3 5 Equality Impact Assessment 3 6 Financial Impact Assessment 4 7 Review 4 Section 1

1.1 Maternity Leave 5 1.2 Application Form 15 1.3 Pregnant Workers Policy 17

Section 2 2.1 Adoption leave 42 2.2 Application Form 46

Section 3 3.1 Parental Leave 48 3.2 Application Form 51

Section 4 4.1 Paternity/maternity support Leave 52 4.2 Application Form 57

Section 5 5.1 Domestic Leave 58 5.2 Application Form 62

Appendices A Maternity Leave – Guidance for staff 62 B Maternity/Adoption Leave – Keeping in touch day claim

form 74

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1 INTRODUCTION Bradford Teaching Hospitals NHS Foundation Trust (BTHFT) is committed to and has a responsibility for the continuous improvement and development of the services it provides. In this context, the Carer’s Leave Policy gives staff a framework against which they can plan leave, to which they are entitled (other than annual leave). The term ‘Carer’s Leave’, for the purpose of this policy, encompasses maternity (incorporating pregnant workers policy), adoption, parental, paternity/maternity support and domestic leave. 2. PURPOSE AND SCOPE OF POLICY

The purpose of this policy is to provide a comprehensive and consistent application of carer’s leave throughout BTHFT. It applies to all members of staff who find themselves in the position of planning or needing to take such leave and advises of both the employee’s and BTHFT’s obligations. 3 RESPONSIBILITIES 3.1 Chief Executive

The Chief Executive has overall responsibility for ensuring compliance with the policy.

3.2 Director of Human Resources To ensure the policy is reviewed and updated accordingly in line with any organisational or legislative changes and is disseminated throughout the organisation. This includes ensuring that appropriate HR support is provided to line managers when dealing with the management of carer’s leave.

3.3 Directors, General Managers or equivalent To ensure that all their staff are made aware of the policy and to ensure compliance with the policy within their areas of responsibility.

3.4 Patient Service Managers, Assistant Directors/General Managers or equivalent.

To ensure that all staff within their areas are made aware of and implement the policy consistently and that HR advice is sought appropriately.

3.5 All Managers

To ensure that all staff within their areas are made aware of and implement the policy consistently and that HR advice is sought appropriately.

3.6 Members of Staff To be aware of and adhere to the policy. 4 APPEAL Any member of staff who wishes to appeal against the application of this policy can do so through the Grievance Procedure, which is available on BTHFT’s Intranet site. 5. EQUALITY IMPACT ASSESSMENT

BTHFT aims to ensure that in considering applications for carer’s leave, this is done equitably with regard to age, disability, gender (and sexual orientation), race and ethnicity, religion and

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belief and human rights. This policy has been assessed for impact on staff groups with regard to the equality strands. The conclusion reached is that management is required to use judgement and discretion in granting domestic leave which may or may not lead to discrimination among different staff groups. There is also a concern that some staff may not be aware of this policy and therefore their entitlement to domestic leave and we are addressing through the Action Plan.

6. FINANCIAL IMPLICATIONS

There are financial implications in relation to payment of maternity pay, adoption pay, paternity/maternity support leave and domestic leave. The entitlements are explained in the relevant section.

7. REVIEW

This policy will be reviewed in April 2013

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SECTION 1 CONTENTS MATERNITY LEAVE 1. Clarification of Policy 6 2. Definitions 6 3. Eligibility 6 4. Keeping in touch 7 5. Paid maternity leave 8 6. Sickness Absence during Pregnancy and Maternity Leave 9 7. Premature birth 10 8. Return to work 10 9. Miscellaneous provisions – fixed term or rotational contracts 11 10. Increments, annual leave, pension 12 11. Ante - natal care, post natal care, breast feeding 12 12. Employees not returning to work, employees less than 12 months service. Continuous Service 13 13. Website information 14 14. Application for maternity leave 15 15. Pregnant workers policy 17 16 Health & Safety 20 17 Risk Assessment 27

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SECTION 1 MATERNITY LEAVE 1. INTRODUCTION This Policy provides comprehensive guidance in respect of the maternity leave regulations. Information about all maternity rights can be found on

www.dti.gov.uk/employment/workandfamilies/maternity-leave pay/guidance/page21116.html. Information on Statutory Maternity Pay (“SMP”) and Maternity Allowance entitlements is also contained in the website guidance. The following information can also be found at Section 15 of the Agenda for Change NHS terms and conditions of service handbook. 2. DEFINITIONS 2.1 All employees will have the right to take 52 weeks of maternity leave. 2.2 Paragraphs 2.7 to 2.55 of this section set out the maternity leave and pay entitlements of BTHFT employees under the NHS contractual maternity leave scheme. 2.3 Paragraphs 2.56 to 2.60 give information about the position of staff who are not covered by this scheme because they do not have the necessary service or do not intend to return to NHS employment. 2.4 Paragraphs 2.61 to 2.65 define the service that can be counted towards the 12 month continuous service qualification set out in paragraph 2.7 (i) below and which breaks in service may be disregarded for this purpose. 2.5 Paragraph 2.66 explains how to get further information about employees’ statutory entitlements. 2.6 Where BTHFT arrangements provide benefits to staff beyond those provided by the Agenda for Change terms and conditions section, those arrangements will apply. Eligibility 2.7 An employee working full-time or part-time will be entitled to paid and unpaid maternity leave under the NHS contractual maternity pay scheme if:

i)she continues to be employed by BTHFT until immediately before the beginning of the 11

th week before the expected week of childbirth;

ii) she has 12 months’ continuous service (see paragraphs 2.61 to 2.65) with one or more NHS employers at the beginning of the 11

th week before the expected week of

childbirth;

iii) she notifies BTHFT in writing before the end of the 15th week before the expected date of childbirth (or if this is not possible, as soon as is reasonably practicable thereafter): (a) of her intention to take maternity leave; (b) of the date she wishes to start her maternity leave – she can choose when to start

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her maternity leave – this can usually be any date from the beginning of the 11th week before the baby is born (but see paragraph 2.8 below); (c) that she intends to return to work with BTHFT or another NHS employer for a minimum period of three months after her maternity leave has ended; (d) and provides a MATB1 form from her midwife or GP giving the expected date of childbirth.

Changing the maternity leave start date 2.8 If the employee subsequently wants to change the date from which she wishes her leave to start, she should notify BTHFT at least 28 days beforehand (or, if this is not possible, as soon as is reasonably practicable beforehand). Confirming maternity leave and pay 2.9 Following discussion with the employee, BTHFT should confirm in writing:

i) the employee’s paid and unpaid leave entitlements under this agreement (or statutory entitlements if the employee does not qualify under this agreement); ii) unless an earlier return date has been given by the employee, her expected return date, based on her 52 weeks paid and unpaid leave entitlement under this agreement; and iii) the length of any period of accrued annual leave which it has been agreed may be taken following the end of the formal maternity leave period (see paragraphs 2.49 and 2.50 below); iv) the need for the employee to give at least 28 days of notice if she wishes to return to work before the expected return date.

Keeping in touch 2.10 Before going on leave, the manager and the employee should also discuss and agree any voluntary arrangements for keeping in touch during the employee’s maternity leave, including:

i) any voluntary arrangements that may help her keep in touch with developments at work, and, nearer the time of her return, to help facilitate her return to work; ii) keeping BTHFT in touch with any developments that may affect her intended date of return.

BTHFT shall be entitled to receive written confirmation of the actual date of childbirth upon written request, as soon as reasonably practicable. Work during the maternity leave period - Keeping in touch days 2.11 To facilitate the process of keeping in touch, it is important that BTHFT and the employee have early discussion to plan and make arrangements for “keeping in touch” days (KIT days) before the employee’s maternity leave takes place. 2.12 The employee may also wish to be notified of job vacancies or promotion opportunities

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within the department in which she works, in which case this should be discussed beforehand. This will not constitute a KIT day as the manager can advise the employee by phone or letter.

2.13 KIT days are intended to facilitate a smooth return to work for women returning from maternity leave. To enable the employees to take up the opportunity to work KIT days, managers should consider, on request, the scope for reimbursement of reasonable childcare costs. The employee can also contact the Childcare Co-ordinator to see if a short term nursery place is available.

2.14 An employee may work for up to a maximum of ten KIT days without bringing her maternity leave to an end. Any days of work will not extend the maternity leave period.

2.15 An employee may not work during the two weeks of compulsory maternity leave immediately after the birth of her baby.

2.16 The work can be consecutive or not and can include training or other activities which enable the employee to keep in touch with the workplace.

2.17 Any such work must be by agreement and neither BTHFT nor the employee can insist upon it.

2.18 The employee will be paid at their basic daily rate for the hours worked, less appropriate maternity leave payment for KIT days worked.

2.19 Working for part of any day will count as one KIT day.

2.20 Any employee who is breastfeeding must be risk assessed and facilities provided in accordance with paragraph 2.34.

Paid maternity leave - Amount of pay

2.21 Where an employee intends to return to work the amount of contractual maternity pay receivable is as follows: i) for the first eight weeks of absence the employee will receive full pay, less any Statutory Maternity Pay or Maternity Allowance (including any dependents’ allowances) receivable; ii) for the next 18 weeks the employee will receive half of full pay, plus any Statutory Maternity Pay or Maternity Allowance (including any dependents’ allowances) receivable, providing the total receivable does not exceed full pay; iii) for the next 13 weeks, the employee will receive any Statutory Maternity Pay or Maternity Allowance that they are entitled to under the statutory scheme. iv)TNR and ‘As and When Staff’ are eligible for SMP but any further pay will be dependent on length of service and earnings. The HR Advisor and payroll department will advise on entitlements. 2.22 Any pay due will be paid in the normal way i.e. directly into the employees bank account. The pay slip should be re-directed to the employees home address.

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Calculation of maternity pay 2.23 Full pay will be calculated using the average weekly earnings rules used for calculating Statutory Maternity Pay entitlements, subject to the following qualifications: i) in the event of a pay award or annual increment being implemented before the paid maternity leave period begins, the maternity pay should be calculated as though the pay award or annual increment had effect throughout the entire Statutory Maternity Pay calculation period. If such a pay award was agreed retrospectively, the maternity pay should be re-calculated on the same basis; ii) in the event of a pay award or annual increment being implemented during the paid maternity leave period, the maternity pay due from the date of the pay award or annual increment should be increased accordingly. If such a pay award was agreed retrospectively the maternity pay should be re-calculated on the same basis; iii) in the case of an employee on unpaid sick absence or on sick absence attracting half pay during the whole or part of the period used for calculating average weekly earnings, in accordance with the earnings rules for Statutory Maternity Pay purposes, average weekly earnings for the period of sick absence shall be calculated on the basis of notional full sick pay. Unpaid contractual leave 2.24 Employees are also entitled to take a further 13 weeks as unpaid leave to bring the total of leave to 52 weeks. However, this may be extended by local agreement in exceptional circumstances, and for example parental leave may be taken see section on Parental Leave. Commencement and duration of leave 2.25 An employee may begin her maternity leave at any time between 11 weeks before the expected week of childbirth and the expected week of childbirth, provided she gives the required notice. Sickness prior to childbirth Managers should take care in dealing with sickness absence during pregnancy as a pregnant woman may not be subjected to detriment, directly or indirectly, on the grounds of pregnancy. 2.26 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 later. 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 sick leave in accordance with normal sick leave provisions (although periods of pregnancy related absence will be discounted when calculating sickness absence triggers). 2.27 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 BTHFT.

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Pre-term birth 2.28 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 her baby was born at full term. 2.29 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. 2.30 Where an employee’s baby is born before the 11th week before the expected week of childbirth and the employee has been absent from work on certified sickness absence during the actual week of childbirth, maternity leave will start the day after the day of birth. 2.31 Where an employee’s baby is born before the 11th week before the expected week of childbirth and the baby is in hospital, the employee may spilt her maternity leave entitlement, taking a minimum period of two weeks’ leave immediately after childbirth and the rest of her leave following her baby’s discharge from hospital. Still birth 2.32 Where an employee’s baby is born dead after the 24th week of pregnancy, the employee will be entitled to the same amount of maternity leave and pay as if her baby was born alive. Miscarriage 2.33 Where an employee has a miscarriage before the 25th week of pregnancy, normal sick leave provisions will apply as necessary. Health and safety of employees pre and post birth 2.34 Where an employee is pregnant, has recently given birth or is breastfeeding, BTHFT will carry out a risk assessment of her working conditions. Please refer to the Pregnant Workers Policy and Risk Assessment attached. If it is found, or a medical practitioner considers, that an employee or her child would be at risk were she to continue with her normal duties, BTHFT will provide suitable alternative work for which the employee will receive her normal rate of pay. Where it is not reasonably practicable to offer suitable alternative work, the employee should be suspended on full pay. 2.35 These provisions also apply to an employee who is breastfeeding if it is found that her normal duties would prevent her from successfully breastfeeding her child. Return to work 2.36 An employee who intends to return to work at the end of her full maternity leave will not be required to give any further notification to BTHFT, although if she wishes to return early, she must give at least 28 days’ notice. 2.37 An employee has the right to return to her job under her original contract and on no less favourable terms and conditions.

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Returning on flexible working arrangements 2.38 If, at the end of maternity leave, the employee wishes to return to work on different hours, BTHFT has a duty to facilitate this, wherever possible. The employee will return to work on different hours, in the same job. If this is not possible, BTHFT will provide written, objectively justifiable reasons for this and the employee should return to the same pay band and work of a similar nature and status, to that which they held prior to their maternity absence. 2.39 If it is agreed that the employee will return to work on a flexible basis, including changed or reduced hours, for an agreed temporary period, this will not affect the employee’s right to return to her job under her original contract, at the end of the agreed period. Sickness following the end of maternity leave 2.40 In the event of illness following the date the employee was due to return to work, normal sick leave provisions will apply as necessary. Failure to return to work 2.41 If an employee who has notified BTHFT of her intention to return to work for BTHFT or a different NHS employer, in accordance with paragraph 2.7 (ii) (c) above, fails to do so within 15 months of the beginning of her maternity leave, she will be liable to refund the whole of her maternity pay, less any Statutory Maternity Pay, received. In cases where BTHFT considers that to enforce this provision would cause undue hardship or distress, BTHFT will have the discretion to waive the right to recovery. 2.42 If an employee wishes to have a career break following maternity leave, and at the end of the career break decides to not return to work, she will be liable to refund the maternity pay as is paragraph 2.41 above. Miscellaneous provisions Fixed-term contracts or training contracts 2.42 Employees subject to fixed-term or training contracts which expire after the 11th week before the expected week of childbirth and who satisfy the conditions in paragraphs 2.7 (i), 2.7 (ii) (a), 2.7 (ii) (b) and 2.7 (ii) (d), shall have their contracts extended so as to allow them to receive the 52 weeks, which includes paid contractual and statutory maternity pay, and the remaining 13 weeks of unpaid maternity leave. 2.43 Absence on maternity leave (paid and unpaid) up to 52 weeks before a further NHS appointment shall not constitute a break in service. 2.44 If there is no right of return to be exercised because the contract would have ended if pregnancy and childbirth had not occurred, the repayment provisions set out in paragraph 2.41 above will not apply. 2.45 Employees on fixed-term contracts who do not meet the 12 months’ continuous service condition set out in paragraph 2.7 (i) above, may still be entitled to Statutory Maternity Pay. Rotational training contracts 2.46 Where an employee is on a planned rotation of appointments with one or more NHS

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employers, as part of an agreed programme of training, she shall 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 the employee’s contract will be extended to enable the practitioner to complete the agreed programme of training. Contractual rights 2.47 During maternity leave (both paid and unpaid) an employee retains all of her contractual rights, except remuneration. Increments 2.48 Maternity leave, whether paid or unpaid, shall count as service for annual increments and for the purposes of any service qualification period for additional annual leave. The expectation is that an employee on maternity leave would progress through a KSF gateway on the due date, if concerns had not been raised about the ability to meet their KSF outline prior to maternity leave. Accrual of annual leave 2.49 Annual leave will continue to accrue during maternity leave, whether paid or unpaid, provided for by this agreement. 2.50 Where the amount of accrued annual leave would exceed normal carry over provisions, it may be mutually beneficial to both BTHFT and employee for the employee to take annual leave before and/or after the formal (paid and unpaid) maternity leave period. The amount of annual leave to be taken in this way, or carried over, should be discussed and agreed between the employee and BTHFT. Pensions 2.51 Pension rights and contributions shall be dealt with in accordance with the provisions of the NHS Pension Scheme. Antenatal care 2.52 Pregnant employees have the right to paid time off for antenatal care. Antenatal care includes relaxation and parent-craft classes as well as appointments for antenatal care. Post-natal care and breastfeeding mothers 2.53 Women who have recently given birth should have paid time off for post-natal care e.g. attendance at health clinics. 2.54 BTHFT is required to undertake a risk assessment and to provide breastfeeding women with suitable private rest facilities. The Health and Safety Executive Guidance recommends that employers provide: • a clean, healthy and safe environment for women who are breastfeeding; • suitable access to a private room to express and store milk in an appropriate refrigerator. 2.55 BTHFT may consider requests for flexible working arrangements to support

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breastfeeding women at work. Employees not returning to NHS employment 2.56 An employee who satisfies the conditions in paragraph 2.7, except that she does not intend to work with BTHFT or another NHS employer for a minimum period of three months after her maternity leave is ended, will be entitled to pay equivalent to Statutory Maternity Pay, which is paid at 90 per cent of her average weekly earnings for the first six weeks of her maternity leave and to a flat rate sum for the following 33 weeks. Employees with less than 12 months’ continuous service 2.57 If an employee does not satisfy the conditions in paragraph 2.7 for occupational maternity pay, she may be entitled to Statutory Maternity Pay. Statutory Maternity Pay will be paid regardless of whether she satisfies the conditions in paragraph 2.7. 2.58 If her earnings are too low for her to qualify for Statutory Maternity Pay, or she does not qualify for another reason, she should be advised to claim Maternity Allowance from her local Job Centre Plus or social security office. 2.59 All employees will have a right to take 52 weeks of maternity leave whether or not they return to NHS employment. 2.60 Paragraph 2.66 contains further information on statutory maternity entitlements. Continuous service 2.61 For the purposes of calculating whether the employee meets the qualification set out in paragraph 2.7 (i) to have had 12 months of continuous service with one or more NHS employers, the following provisions shall apply:

i) NHS employers include health authorities, NHS boards, NHS trusts, primary care trusts and the Northern Ireland Health Service; ii) a break in service of three months or less will be disregarded (though not count as service).

2.62 The following breaks in service will also be disregarded (though not count as service):

i) employment under the terms of an honorary contract; ii) employment as a locum with a general practitioner for a period not exceeding 12 months; iii) a period of up to 12 months spent abroad as part of a definite programme of postgraduate training on the advice of the postgraduate dean or college or faculty advisor in the speciality concerned; iv) a period of voluntary service overseas with a recognised international relief organisation for a period of 12 months, which may exceptionally be extended for 12 months at the discretion of the employer which recruits the employee on her return;

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v) absence on an employment break scheme in accordance with the provisions of Section 36 of the Agenda for Change Handbook;

vi) absence on maternity leave (paid or unpaid) as provided for under this agreement.

2.63 Employment as a trainee with a general medical practitioner in accordance with the provisions of the Trainee Practitioner Scheme, shall similarly be disregarded and count as service. Information about statutory maternity/adoption and paternity/maternity support leave and pay 2.64 There are occasions when employees are entitled to other statutory benefits/allowances and Information about all statutory maternity/adoption and paternity/maternity support rights can be found using the following links: www.dti.gov.uk/employment/workandfamilies/ maternity-leave-pay/guidance/page21116.html www.dwp.gov.uk/lifeevent/benefits/statutory_maternity_pay.asp http://jobcentreplus.gov.uk/JCP/Customers/WorkingAgeBenefits/ Dev00812.xml.html Information about health and safety for new and expectant mothers at work can be found using the following link: www.hse.gov.uk

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APPLICATION FOR MATERNITY LEAVE/PAY

Full Name

Home Address

Job Title & Band

Dept/Ward

Date employment commenced with BTHFT

Start date of continuous NHS employment (i.e. break of more than 3 months is counted as a break in service)

Expected date of childbirth

All pregnant employees are entitled to take 26 weeks’ Ordinary maternity leave followed immediately by 26 weeks’ Additional maternity leave. Statutory Maternity Pay (“SMP”) will be paid for 39 weeks and depending on your length of service you may be entitled to additional pay from BTHFT. Please indicate below the start date of your maternity leave and the duration of leave you intend to take.

Start date of maternity leave 26 weeks 39 weeks 52 weeks

I intend to return to work following maternity leave* I do not intend to return to work following maternity leave* *please delete as appropriate You will receive a letter confirming your return to work date based on the duration of leave you intend to take. If you subsequently wish to return later or earlier than the date agreed you will need to give 8 weeks’ notice of your new return date. If you do not intend to return to work following maternity leave this should not affect your payment of SMP.

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If you have given notice of your intention to return to work and if you fail to return to work for a minimum period of 3 months after your maternity leave has ended to a contracted post within Bradford Teaching Hospitals NHS Foundation Trust or to another NHS Trust or Authority, you will be liable to refund any additional payment made by.) BTHFT’s over and above SMP. Maternity Certificate The original of your maternity certificate is required in order that the Payroll Department can calculate your entitlement to SMP. If you are not eligible to be paid SMP the Payroll Department will return your Maternity Certificate together with Form SMP1 so that you can make a claim to the JobCentreplus regarding maternity allowance. MAT B1 (Maternity Certificate): Enclosed To follow Please either attach your certificate to this application or send the original as soon as possible to ……………………………….. Human Resources Officer at St Luke’s Hospital/Bradford Royal Infirmary. Signed: …………………………………….. Dated: ………………………….. Please ask your Manager to sign and date this form before sending it to the Human Resources Department. Signed: ……………………………………… Dated: …………………………… Name: ………………………………………. (please print your name) ……………………………………………………………………………………………… This section for use by Human Resources only. Return date: ……………………………………………… Entitled to Trust pay: YES/NO Entitle to SMP: YES/NO

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PREGNANT WORKERS POLICY

CONTENTS

SECTION PAGE 1. Introduction 17 2. Policy Statement 17 3. Responsibilities 3.1 Responsibilities of the Bradford Teaching Hospitals NHS Foundation Trust 17 3.2 Responsibilities of the Expectant Mother 17 3.3 Responsibility of Line / Senior Managers 18 3.4 Responsibility of the Department of Occupational 18 Medicine 4. Policy Review 18 Appendices 1. Health and Safety of New and Expectant Mothers and their Child. Guidelines for Managers and Employees in the NHS 19 - 25 2. Risk Assessment for New and Expectant Mothers 26 - 41

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PREGNANT WORKERS

THE MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS

1. INTRODUCTION Bradford Teaching Hospitals NHS Foundation Trust (BTHFT) recognises that work can

have a positive or negative effect on a person’s health. A very small number of occupational hazards may take on greater significance to pregnant and nursing mothers.

Existing Health and Safety Policies and safe working practices aim to protect all

employees whether they are pregnant or a nursing mother from actual or potential occupational hazards. Employees are encouraged to contact the Department of Occupational Health should they have any pregnancy related concerns.

This policy should be read concurrently with other Health and Safety related policies. 2. POLICY STATEMENT To protect the health and safety of pregnant and nursing mothers and child / children,

BTHFT will undertake the appropriate risk assessment and necessary action. 3. RESPONSIBILITIES: 3.1 Responsibilities of the Bradford Teaching Hospitals NHS Foundation Trust 3.1.1 BTHFT can only fulfil its responsibilities under the above

regulations on receipt of written confirmation of pregnancy from the employee.

3.1.2 The Management of Health and Safety creates an obligation to

exclude workers from night work if their Medical Adviser or Registered Midwife certifies that their occupation would be harmful to pregnant mother or child. The Department of Occupational Health (on behalf of BTHFT) will liaise with the employee’s Medical Adviser / Midwife to identify the perceived hazards and advise accordingly.

If alternative work / working arrangements are not possible the

employee may be suspended in accordance with the Regulations. This will be done in consultation with the Human Resources Department and the appropriate Director/General Manager.

3.2 Responsibilities of The Expectant Mother 3.2.1 To inform her Line Manager in writing as soon as possible on

confirmation of her pregnancy. 3.2.2 To inform her Line Manager of any changes in which her health

status may invalidate previous risk assessments.

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3.2.3 To continue to comply with relevant Health and Safety legislation and safe working practices.

3.3 Responsibility of Line / Senior Managers 3.3.1 To request the Department of Occupational Health to carry out the

appropriate risk assessment. 3.3.2 To request advice from the Department of Occupational Health in

the event of any changes which may invalidate previous assessments:

- Working practices - Working conditions - Working environment - The health status of the employee 3.3.3 To comply with any recommendations following assessment. 3.4 Responsibility of the Department of Occupational Health 3.4.1 To carry out a risk assessment as appropriate and make

recommendations accordingly. 3.4.2 To liaise as relevant with the employee’s Medical Adviser. 3.4.3 To liaise as relevant with other sources of expert advice. 4. POLICY REVIEW The policy will be reviewed every two years as part of the Maternity Leave Policy.

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OCCUPATIONAL HEALTH DEPARTMENT

Health and Safety of New and Expectant Mothers and their Child

Guidelines for Managers and Employees in the National Health Service Author: Jane Lathbury RGN, RMN, Occupational Health Nurse Dip. Reviewed: March 2010– Jane Mitchell, SN/OHM – Sharan Packer, Radiation Protection Adviser Review date: April 2012

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CONTENTS

1. Introduction - Information on Risk Assessment for New and Expectant Mothers

2. Guidance on control measures and risk reduction

3. Health and Safety resources for New and Expectant Mothers and Employers

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1. INTRODUCTION

The purpose of this document is to assist Managers in completing risk assessments for new and expectant mothers in their area of employment. It offers health and safety advice and information regarding controlling risks at work, which may have an adverse affect on the employee or unborn child’s health. INFORMATION ON RISK ASSESSMENT FOR NEW AND EXPECTANT MOTHERS Health and Safety Legislation requires employers to assess workplace risks for all their employees, and control these risks where appropriate. The expectant mother must inform her employer in writing that she is pregnant and provide written medical evidence if requested by her employer. The reason for this is so that the employer/manager can carry out a New and Expectant Mothers Risk Assessment. The risk assessment should be carried out with the pregnant employee as she may have received medical advice pertaining to her pregnancy, which may affect her ability to work. Adjustments to working conditions, hours and environment etc., should be made and/or suitable alternative work offered. A review of the risk assessment should be carried out during each trimester of pregnancy and also on return to work of the new mother. A copy of the risk assessment should be forwarded to the Department of Occupational Health for a clinical assessment and any subsequent changes, thereafter, notified. Information should be made available to any female employees of childbearing age as during the first 4-6 weeks of gestation pregnancy may go undetected. Employers must identify hazards in their workplace that could pose a health and safety risk to new and expectant mothers and appropriate action taken to remove or reduce the risk. The following hazards although not exhaustive should be considered when completing the risk assessment. Physical Exertion (Lifting, standing, walking etc.) Biological Agents (Infections – Blood borne viruses, Rubella, Chicken pox etc.) Chemical Hazards (Anaesthetic gases, Cytotoxic Drugs, etc.) Radiation Hazards (X-ray, Nuclear Medicine, Magnetic Resonance Imaging) Working Conditions (Irregular hours/shift work including night work and environmental changes etc.)

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2. GUIDANCE ON CONTROL MEASURES AND RISK REDUCTION

It is important to identify workplace hazards that may affect the health and safety of a new or expectant mother or her child. Once these have been identified, employers are required to remove or reduce the risks associated with such hazards. Each employee will require an individual assessment, as medical factors may need to be considered when completing the risk assessment.

The following guidance is not exhaustive and further information and advice can be obtained from the Department of Occupational Health and from referenced sources.

Hazard Potential risk Prevention or control

Physical Exertion/Manual Handling

Hormonal changes may increase risk of ligament injury and as pregnancy advances postural problems may occur. Musculoskeletal problems may continue during the postnatal period especially in the first three months and after having a Caesarean Section. Prolonged standing has been associated with premature birth, low birth weight and miscarriage.

Manual Handling/Minimal lifting Policy should be adhered to especially during the 1

st and 3

rd

trimester of pregnancy. Restriction on manual handling and physical exertion should continue in the first three-month postnatal period if musculoskeletal problems continue or following Caesarean Section. It is advisable to reduce periods of long standing. Provision of suitable rest facilities and adequate rest breaks will help reduce fatigue.

Biological Agents

Health care workers are at occupational risk as many biological agents can infect the unborn child if the mother is infected during pregnancy. Also there is a risk of transmission in breast milk e.g. HIV, Hepatitis B, TB, and Chicken Pox. Some agents may cause birth defects e.g. Rubella (German measles), Chlamydia and Cytomegalovirus.

Risk assessment should take account of the nature of agent and risk of infection. An updated immunisation programme is advised for health care workers. Use of Personal Protective Equipment (PPE), containment, vaccination or total avoidance of exposure may be appropriate.

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Anaesthetic Gases

Exposure during 1st trimester

of pregnancy or where an employee has a poor obstetric history there may be a risk of abortion.

Provision of a scavenging system and monitoring of anaesthetic exposure levels should reduce risk. Further control measures may be achieved by reducing gas inductions, patient turnover and increasing employee’s distance from source. During the 1

st trimester of pregnancy

alternative safe tasks or paid leave may need to be considered.

Cytotoxic Drugs

HSE guidelines state; ‘Long term these drugs cause damage to genetic information in sperm and eggs. Some can cause cancer. Absorption is by inhalation or through the skin.’

A risk assessment should include the processing and administration of cytotoxic drugs. Control measures should include use of PPE (gloves etc.,) during preparation and administration, reduction of contamination in high-risk areas i.e. sluice rooms, good hygiene practices and correct safe disposal of waste. It is advisable for pregnant employees not to work in drug preparation units.

Ionising Radiation

The foetus may potentially be harmed should significant exposure to ionising (x-ray, nuclear medicine) or electromagnetic (MRI) radiation occur during pregnancy. Breast-feeding may expose the child if there is significant contamination of the skin or the mother has ingested radioactive materials.

Conduct risk assessment to assess likely exposure to foetus or breast feeding infant by seeking advice from the Radiation Protection Adviser. Risk assessment should include previous dose history and current practices. Follow the Trust Ionising Radiation Policy and department local rules.

Confined Spaces

As pregnancy advances increase in size may make work in confined spaces uncomfortable and possibly dangerous.

A review of the workplace environment and ergonomics is advisable and workstations may require adjustments.

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Irregular hours, shift/ night work

No specific risks known but consider effects of pregnancy that may cause problems associated with irregular hours, shift or night work i.e., fatigue, nausea/vomiting, musculoskeletal symptoms or complications of pregnancy.

Adhere to European Union Directive on working time. Assess health and safety risks relating to work environment and adjust accordingly. Give special consideration to new and expectant mothers who work at night.

Hazardous substances

There are approximately 200 substances labelled with the following risk phrases: R40 – possible risk of irreversible effects R45 – may cause cancer R46 – may cause heritable genetic damage R61 – may cause harm to the unborn child R63 – possible risk of harm to the unborn child R64 – may cause harm to breastfed babies. Actual risk to health will be determined by workplace risk assessment.

Identify risk by performing a COSHH risk assessment. Assess the health risks to workers and prevent or control these risks where appropriate. Work should be restricted until risk assessment is carried out.

Environmental Heat Tobacco Smoke

When pregnant tolerance to heat is lessened. Fainting and heat stress may occur. Dehydration caused by heat may impair breastfeeding. The effects of tobacco smoke are well known. Smoking can cause respiratory problems in infants and growth retardation during pregnancy.

Avoid prolonged exposure to heat. Provide suitable rest facilities and refreshments. Encourage pregnant workers to stop smoking. Provide a smoke free work environment where possible. Rest facilities should have smoke free areas.

26

3. HEALTH AND SAFETY RESOURCES FOR NEW AND EXPECTANT MOTHERS

AND EMPLOYERS

The following sources of information are not exhaustive and are meant for guidance purposes only. Further help and support can be obtained from the Department of Occupational Health. HSE guidance leaflet ‘A guide for new and expectant mothers who work.’ INDG373 HSE Books 2003 (single copy free) ISBN 0 7176 2614 8. New and expectant mothers at work: A guide for employers HSG122 HSE Books 2002 ISBN 0 7176 2583 4 HSE guidance leaflet “Working safely with ionising radiation: Guidelines for expectant or breastfeeding mothers” INDG334 03/01 C400 HSE books. PDF version viewable at http://www.hse.gov.uk/pubns/indg334.pdf Five steps to risk assessment Leaflet INDG163 (rev1) HSE Books 1998 ISBN 0 7176 1565 0 Maternity rights: A guide for employers and employees 02/904 available at www.dti.gov.uk/er/individual/maternity. DTI Publications Orderline: 0870 1502 500 Further sources of help. HSE’s Infoline: 08701 545500 or visit the HSE Website www.hse.gov.uk. Email: [email protected] Department for Work and Pensions Public Enquiry Office Tel: 020 7712 2171 Website: www.dwp.gov.uk Department for Trade and Industry General Enquiry Unit` Tel: 020 7215 5000 Email: [email protected] Website: www.dti.gov.uk The Maternity Alliance Information Line: 020 7490 7639 Email: [email protected] Tommy’s the Baby Charity Tel: 0870 777 3060 Website: www.tommys.org

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RISK ASSESSMENT FOR NEW AND EXPECTANT MOTHERS

Author: Jane Mitchell Jane Lathbury

Sharan Packer

Date: October 2004 Reviewed: April 2008 Review date: April 2010

28

RISK ASSESSMENT FOR NEW AND EXPECTANT MOTHERS

Where an employee’s occupation involves risk to the health and safety of a new or expectant mother or her child then the risk assessment must be performed. This is the responsibility of the relevant Manager. Risk assessment to be completed with employee. Guidance Notes on Completion of this Document 1. Complete the box above 2. Complete the Hazard Identification 3. Complete the Risk Assessment of the Identified Hazards 4. Complete the Health and Safety – Risk Score for Divisional Risk Register 5. Complete the questions 6. Send a completed copy of this form to the Occupational Health Department and keep a

copy on file 7. Complete Review Section

Name: ……………………………………………………… D.O.B: ……………….. Previous Name: ……………………………………………………………………….. Job Title:……………………………………………………. Location:……………… Telephone Numbers: .………………………………………………………………….. Expected Delivery Date: ………………………………………………………………. Return to Work Date:………………………………………………………………….. Employee's Signature: …………………………………………………………………. Manager’s Signature: …………………………………………………………………..

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HAZARDS *PLEASE TICK APPROPRIATE BOX FOR HAZARDS LISTED BELOW

HAZARD

*YES *NO

Anaesthetic Gases

Cytotoxic Drugs

Ionising Radiation (X-ray, Nuclear Medicine)

Electromagnetic Radiation (Magnetic Resonance Imaging)

Physical Exertion

Irregular Hours and Shift Work

Infectious Biological Agents

Prolonged Standing

Driving

DSE Workstation

If “YES” is applicable to items listed please complete the relevant sections of this risk assessment form. NOTE: If “YES” to Ionising Radiation or Electromagnetic Radiation the Trust Radiation Protection Adviser should be consulted to provide advice on the risk assessment and any protective measures that may need to be taken

30

*PLEASE TICK/COMPLETE AS APPROPRIATE

1. HAZARD – ANAESTHETIC GASES

WHAT ARE CURRENT RISKS?

2. CONTROL MEASURE IN PLACE *YES *NO

Wearing personal protective equipment

Are the Scavenging systems in place and exposure levels measured?

Please describe other measures not listed

3. ASSESS THE RISK – Enter score as per Health & Safety Risk Ranking document on page 13

Likelihood Severity Risk Score

4. ACTION PLAN

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1. HAZARD – CYTOTOXIC DRUGS



Wearing personal protective equipment i.e. gloves

Preparation in Specialist pharmacy unit (Pharmacy staff)

Safe disposal of clinical waste via policy




4. ACTION PLAN

32

1. HAZARD – IONISING RADIATION



Is the radiation dose monitored?

Has the likely dose to the foetus been assessed?

Are Lead Aprons worn during x-ray procedures where appropriate?

Do staff remain as far away as practicable from radiation sources?

Are protective screens available where appropriate?

Has the exposure to unsealed radionuclides been assessed?




4. ACTION PLAN

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1. HAZARD – PHYSICAL EXERTION



Minimal Lifting policy?

Training re moving and handling up to date?

Third trimester workplace assessment?




4. ACTION PLAN

34

1. HAZARD – IRREGULAR HOURS AND SHIFT WORK



Are irregular hours and shift work applicable?

Are adequate rest breaks and meal breaks available?


3. ASSESS THE RISK – Enter score as per Health & Safety Risk Ranking Document on page 13


4. ACTION PLAN

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1. HAZARD – INFECTIONS, BIOLOGICAL AGENTS



Individual to ensure immunisations up to date?

Awareness of Contamination Incident policy?

Use of PPE in clinical procedures?

Awareness of policy on Disposal of Clinical Waste?

Adherence to Universal precautions?

Awareness of Infection Control policy?




4. ACTION PLAN

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1. HAZARD – PROLONGED STANDING



Are hours of work and volume and pacing of work excessive?

Is seating available where appropriate?

Are longer or more frequent rest breaks available?




4. ACTION PLAN

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1. HAZARD – DRIVING



Is driving part of the job?

Does this cause any problems?




4. ACTION PLAN

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1. HAZARD – DSE WORKSTATION



Is the assessment current?




4. ACTION PLAN

Please review risk assessment if there is a change in the employees work/ environment, and when the individual reaches 12 and 24 weeks and on return to work after Maternity Leave.

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HAZARD CHECK LIST

HAZARD CHECK LIST Tick box

HAZARD CHECK LIST HAZARD CHECK LIST HAZARD CHECK LIST

Slips, Trips & Falls (level / height )

Electricity Storage / housekeeping Working Environment

Falling objects Contact with moving or stationary objects

Extreme Heat or Cold Clinical Waste, Infection

Contact With Vehicles Machinery Or Equipment Noise Or Vibration Gases - Pressure Systems

Work In Confined Spaces Flammable Substances Radiation Lasers

Special risks to Young People

Health and Safety – Risk Score for Divisional Risk Register =(Severity value ( ) X likelihood Value ( ) = Risk Score ( )

Likelihood Severity Risk Ranking / Colour code for Risk Register

Managerial Notification/Action

Likely to occur once in 5 years or more

1 Minimal < 5 Acceptable / Low Risk Managed within ward/department. Maintain

current controls

Likely to occur once in 3 years 2 Minor injury (first aid) 6 – 11 Moderate Risk Group General Manager informed and ensures

appropriate action taken

Likely to occur once in 12 months 3 Moderate Injury (first aid – minimal absence)

12 – 19

High Risk Deputy Chief Executive/Chief Nurse informed and ensures

appropriate action is taken

Likely to occur once in 6 months 4 Critical (Hospital treatment – 3 days or more absence)

20 – 22 Very High Risk Chief Executive informed and ensures appropriate

action is being taken

Likely to occur once in 4 weeks 5 Catastrophic

23 – 25

Unacceptable Risk Chief Executive informed and ensures appropriate

action is being taken

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IN ADDITION TO THIS THE FOLLOWING NEEDS TO BE CONSIDERED:

PLEASE TICK AS APPROPRIATE

YES NO

1 Are the COSHH risk assessments up to date?

2 Are the identified control measures in place?

3 Has the employee been given the appropriate information relative to the COSHH assessments?

4 Has the member of staff been given appropriate personal protective equipment i.e. gloves, clothing etc?

5 Is there anything directly relating to the new or expectant mother and the occupation/work environment that gives cause for concern?

If answer to question 5 is yes please describe below:

Send a completed copy of this to the Occupational Health Department, Level 0, Horton Wing, St Luke’s, This will be assessed by a Nurse Advisor and then individual will be contacted if necessary. (Please keep a copy in the Personnel File). Further information is available on the Occupational Health Intranet site. If you require further assistance please refer the member of staff to the Occupational Health Department. Referrals may also be initiated by the member of staff if they have any concerns. References 1. HSE New and Expectant Mothers at Work 2. ANHOPS Guidance: Occupational Health Management of New and Expectant Mothers

Employed in the NHS – Conrad W (October 2002).

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REVIEWS SECTION

REVIEW DATE

COMMENTS EMPLOYEE’S SIGNATURE

MANAGER’S SIGNATURE

12 weeks

24 weeks

Other

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RETURN TO WORK ASSESSMENT

ASSESSMENT DATE

COMMENTS EMPLOYEE’S SIGNATURE

MANAGER’S SIGNATURE

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Page Numbers CONTENTS - SECTION 2 42 ADOPTION LEAVE 1. Adoption Leave 43 2. Amount of Leave and Pay 43 3. Right to return to Work 44 4. Entitlement to sick pay and other leave 44 5. Increments 44 6. Pension 45 7. Reasonable Contact during Adoption Leave 45 8. Keeping in Touch Days 45 9. Application Procedure 45 Application Form 46

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SECTION 2 1. ADOPTION LEAVE 1.1 BTHFT’s adoption leave scheme exists to enable employees to take a

period of leave to help the adopted child settle into the family and adjust to new surroundings and then return to work. Entitlement to adoption leave is available to the parent who has primary carer responsibility for that child and will be in line with maternity leave for all adoptions for children under 18. Staff may take 52 weeks leave.

1.2 BTHFT recognises that the needs of adoptive parents are at least as great as those of natural parents in establishing a relationship with an adopted child and in developing new routines. It is acknowledged that child adoption may bring with it the commencement of what can be an intensive introduction period and leave may be required to cover official meetings in the adoption process before the child is formally adopted. Managers should consider allowing paid leave in line with the arrangement for ante natal appointments.

1.3 If BTHFT employs both parents, the period of leave and pay may be shared. One

parent should be identified as the primary carer and be entitled to the majority of the leave. The partner of the primary carer is entitled to occupational maternity support leave and pay.

1.4 An employee who intends to apply for adoption leave must notify their Manager within

7 days of being notified by their adoption agency that they have been matched with a child for adoption unless this is not reasonably practicable, with details of when the child is to be placed and a date for the start of leave using the attached application form. An employee must be “newly matched” with a child for adoption by an approved adoption agency. Appropriate documentary evidence in the form of a “matching certificate” should be supplied as proof of entitlement to adoption as soon as it is known that a child is to be placed with the family and provide appropriate documentary evidence; employment must continue until the child becomes available for placement and the employee must also notify the Manager of their intention to return to work for BTHFT.

2. AMOUNT OF LEAVE AND PAY

2.1 Adopters are entitled to 52 weeks’ leave. Eligibility for occupational adoption pay will be 12 months’ continuous NHS service ending with the week in which they are notified of being matched with the child for adoption. The child has to be under 18 years of age. Adoption leave can begin on the day on which the child is placed for adoption or on a predetermined date which is no more than 14 days before the child is expected to be placed and no later than the date of placement.

2.2 Statutory Adoption Pay (“SAP”) is payable at the rate published at the time or 90% of

average weekly earnings whichever is less for a period of 39 weeks. 2.3 Employees who have completed 12 months NHS Service (without a break in service

of 3 calendar months or more) ending with the week in which they are notified of being matched with a child for adoption shall be eligible for occupational and SAP as follows:-

i) 8 weeks at full pay less SAP ii) 18 weeks at half pay iii) 13 weeks SAP only

plus a further 13 weeks unpaid leave.

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2.4 Entitlement to paid adoption leave is dependent on the employee returning to work in a contracted position for a minimum period of 3 months following the adoption leave. Employees who are not eligible for occupational adoption pay may still be entitled to SAP subject to qualifying conditions.

3. RIGHT TO RETURN TO WORK 3.1 BTHFT will respond to an employee’s notification of leave plans within 28 days of

application setting out the date on which they expect the employee to return to work if the full entitlement of adoption leave is taken.

3.2 Adopters who intend to return to work at the end of their full adoption leave

entitlement will not have to give any further notification to their employers. Adopters who want to return to work before the end of their adoption leave period must give BTHFT 8 weeks’ notice of the date they intend to return.

3.3 An employee who has notified an intention to return to work has the right to return to

their original job on no less favourable terms and conditions. However, the return to work may be on any basis agreed with BTHFT, including part-time working and job sharing, where these are appropriate / available, but not TNR or ‘As and When’. If it is consistent with the needs of the Service, the Manager will try to meet the expectations of an employee who wishes to return under more flexible working arrangements and ensure that they continue to have broadly similar duties on the equivalent salary point. BTHFT’s policy on the Right to Request Flexible Working should be referred to as required.

3.4 In the event of an employee failing to return to work for a minimum period of 3

months after adoption leave has ended to a contracted post within BTHFT or to another NHS Trust or Authority, the employee will be liable to refund any additional payment made by BTHFT over and above SAP.

In cases where the enforcement of this provision would cause undue hardship, BTHFT has discretion to waive the recovery of pay.

4. ENTITLEMENT TO SICK PAY AND OTHER LEAVE 4.1 An employee is not entitled to take annual leave whilst on adoption leave. Annual

leave will continue to accrue during adoption leave, whether paid or unpaid provided for by this agreement.

Where the amount of accrued annual leave would exceed normal carry over

provisions, it may be mutually beneficial to both the employer and employee for the employee to take annual leave before and/or after the formal (paid and unpaid) adoption leave period. The amount of annual leave to be taken in this way, or carried over, should be discussed and agreed between the employee and her manager.

4.2 If the employee fails to return to work on the notified date and submits a medical

statement indicating absence is due to sickness, then the conditions of the sick pay scheme will apply to the absence.

4.3 Paid and unpaid adoption leave shall count as service for the purpose of satisfying

the service qualification. 5. INCREMENTS 5.1 Adoption leave, whether paid or unpaid, shall count as service for annual increments

and for the purposes of any service qualification period for additional annual leave. The expectation is that an employee on adoption leave would progress through a KSF

45

gateway on the due date if concerns had not been raised about the ability to meet their KSF outline prior to adoption leave.

6. PENSION 6.1 Pension rights and contributions shall be dealt with in accordance with the provisions

of the NHS Pension Scheme. 7. REASONABLE CONTACT DURING ADOPTION LEAVE Before going on leave, the manager and the employee should also discuss and agree any

voluntary arrangements for keeping in touch during the employee’s adoption leave including:

7.1 any voluntary arrangements that the employee may find helpful to keep in touch with developments at work such as any relevant promotion opportunities or job vacancies and, nearer the time of return, to help facilitate return to work;

7.2 keeping the manager in touch with any developments that may affect the intended

date of return. 8. KEEPING IN TOUCH DAYS To facilitate the process of keeping in touch, it is important that the manager and employee

have early discussion to plan and make arrangements for Keeping in Touch days (KIT days) before the employee’s adoption leave takes place. KIT days are intended to facilitate a smooth return to work for employees returning from adoption leave.

An employee may work for up to a maximum of 10 KIT days without bringing the adoption

leave to an end. Any days of work will not extend the adoption leave period. The work can be consecutive or not and can include training or other activities which enable

the employee to keep in touch with the workplace. Any such work must be by agreement and neither the manager nor the employee can insist upon it. The employee will be paid at their basic daily rate, for the hours worked less appropriate adoption leave payment for KIT days worked. Working for part of any day will count as one KIT day.

See Section 1 Maternity Leave para 2.11 onwards for further information regarding KIT days. 9. APPLICATION All applications for Adoption Leave must be made on the attached application form and

countersigned by the appropriate Senior Manager. The Human Resources Department will then process the application.

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APPLICATION FOR ADOPTION LEAVE

Full Name

Home Address

Job Title & Band

Dept/Ward

Date employment commenced with BTHFT

Start date of continuous NHS employment (i.e. break of more than 3 months is counted as a break in service)

Expected date of childbirth

Adoption leave consists of 26 weeks’ Ordinary adoption leave followed immediately by 26 weeks’ Additional adoption leave. Statutory Adoption Pay (“SAP”) will be paid for 39 weeks and depending on your length of service you may be entitled to additional pay from BTHFT. Please indicate below the start date of your adoption leave and the duration of leave you intend to take.

Start date of adoption leave 26 weeks 39 weeks 52 weeks

I intend to return to work following adoption leave* I do not intend to return to work following adoption leave* *please delete as appropriate You will receive a letter confirming your return to work date based on the duration of leave you intend to take. If you subsequently wish to return later or earlier than the date agreed you will need to give 8 weeks’ notice of your new return date. If you do not intend to return to work following adoption leave this should not affect your payment of SAP. If you have given notice of your intention to return to work and if you fail to return to work for a minimum period of 3 months after your adoption leave has ended to a contracted post within BTHFT or to another NHS Trust or Authority, you will be liable to refund any additional payment made by BTHFT over and above SAP.

47

Adoption Matching Certificate The original of your adoption certificate is required in order that the Payroll Department can calculate your entitlement to statutory adoption pay. If you are not eligible to be paid SAP the Payroll Department will notify you. Adoption Matching Certificate: Enclosed To follow Please either attach your certificate to this application or send the original as soon as possible to ………………………………..Human Resources Advisor at St Luke’s Hospital/Bradford Royal Infirmary. Signed: …………………………………….. Dated: ………………………….. Please ask your Manager to sign and date this form before sending it to the Human Resources Department. Signed: ……………………………………… Dated: …………………………… Name: ………………………………………. (please print your name) ……………………………………………………………………………………………… This section for use by Human Resources only. Return date: ……………………………………………… Entitled to BTHFT pay: YES/NO Entitled to SAP: YES/NO

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Page Numbers CONTENTS - SECTION 3 PARENTAL LEAVE 1. Introduction 49 2. Definition of Parental Leave 49 3. Qualifying Conditions 49 4. Key Elements of the Scheme 49 5. Procedure 49 6. Application Process 50 7. Application Form 51

49

SECTION 3 PARENTAL LEAVE 1. BTHFT recognises the need to provide a working environment where its employees can

balance the demands of domestic and work responsibilities during periods when they are faced with personal matters which require their absence from work. This section meets the requirements of the Employment Relations Act 1999 on Parental Leave.

2. Definition of Parental Leave An employee who satisfies the qualifying conditions set out in paragraph 3 below will be

entitled to take unpaid parental leave for the purpose of caring for a child i.e. to look after a child or to make arrangements for the good of the child. This could, for example, include settling a child in at a new school or playgroup. This leave is in addition to any entitlement to maternity leave.

3. Qualifying Conditions An employee has the right to be absent from work on unpaid parental leave if he or she has

at least 1 years continuous NHS service. Parents are able to take parental leave at any time up to the cut off point which applies to them.

3.1. Parents of children born on or after 15 December 1999 can take leave up to their

child’s 14th birthday.

3.2 Adoptive parents of children placed for adoption on or after 15 December 1999 can

take leave up to the fifth anniversary of the date of placement (or the child’s 18th

birthday if that is sooner) 3.3 Parents of disabled children from either of these categories can take leave up to their

child’s 18th birthday.

4. Key Elements of the Scheme 4.1 An employee is entitled to take 13 weeks unpaid leave in total for each child. A

week’s leave is classed as the employee’s normal working week. 4.2 The employee will remain employed during the parental leave period but will not

receive remuneration. All other contractual rights shall be retained as if the employee had remained at work.

4.3 The employee has an entitlement to return to his or her job after parental leave, or if

that is not possible, to a job which is both suitable and appropriate and which has the same (or better) status, terms and conditions as the old job. Employees should return to the same job if the leave taken is for a period of 4 weeks or less. If parental leave follows a period of 26 weeks ordinary maternity leave the employee has an entitlement to return to the same job but if an employee has taken the full 52 weeks maternity leave followed by parental leave then the same provisions apply as in Section 9.3 of BTHFT’s maternity leave policy.

5. Procedure 5.1 The employee must produce evidence of his / her responsibility for the child and the

age of the child. 5.2 Leave must be taken in weekly blocks - limited to 4 weeks a year, the exception being

50

that parents of disabled children can take leave in blocks or multiples of one day. 5.3 Notice periods for parental leave should not be unnecessarily lengthy and should

reflect the period of leave requested. 21 days notice would be reasonable in most cases subject to service provisions. If an employee wishes to take parental leave following the birth of a child, 21 days notice before the beginning of the Expected Week of Childbirth should be given, or, in the case of adoption, 21 days before the expected placement date.

5.4 BTHFT has the right to postpone the leave for up to a maximum of 6 months from the

date that the employee wished to take the leave if it is felt that the absence would unduly disrupt the service. This would only happen in exceptional circumstances and the employee would be entitled to receive written reasons for the postponement. Leave cannot be postponed when the employee gives the appropriate notice to take leave immediately after the child is born or placed for adoption.

6. Application Process All applications for parental leave must be made on the attached application form and

countersigned by the appropriate Senior Manager. A copy of the completed form should be forwarded to the Payroll Department and a copy to the Human Resources Department for retention in the employee’s personal file.

51

APPLICATION FOR PARENTAL LEAVE

1. NAME ______________________________________________ 2. POST ______________________________________________ 3. WARD / DEPARTMENT __________________________________ 4. SITE __________________________________________________ 5. REASON FOR REQUEST 6. PERIOD OF UNPAID LEAVE REQUESTED FROM ________________________ TO ___________________ 7. SIGNATURE OF EMPLOYEE ______ DATE 8. SIGNATURE OF SENIOR MANAGER DATE 9. NAME OF MANAGER DATE Notes 1. All dates of absence should be given to the Payroll Department by the Manager. 2. A copy of this form should be kept on the employee’s personal file. 3. In the event that the employee is unable to sign the form the manager may sign it on the

employee’s behalf. 4. Supporting documents (e.g. birth certificate) must be attached to this form as appropriate.

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CONTENTS - SECTION 4 PATERNITY/MATERNITY SUPPORT LEAVE SECTION PAGE Introduction 53 1 Who qualifies for leave? 53 2 Period of leave 53 3 Notification 53 4 Occupational Paternity/maternity support Pay and Statutory Paternity/maternity support Pay 54 5 Terms and conditions during leave 54 6 Return to work 54 Timetable of key events 55 Application form 56

53

SECTION 4 PATERNITY LEAVE (Maternity Support Leave) INTRODUCTION Existing legislation enables a parent to take one or two consecutive weeks paid leave, subject to qualifying requirements. The right to paternity/maternity support leave arises in relation to biological children, children adopted from within the UK and children adopted from overseas.

1 Who Qualifies for Leave? 1.1 All employees are entitled to two weeks paternity/maternity support leave.

Paternity/maternity support leave applies to biological and fathers, nominated carers and same-sex partners.

1.2 Eligibility for occupational paid paternity/maternity support pay will be 12 months’

continuous service with one or more NHS employers at the beginning of the week in which the baby is due.

1.3 A partner is someone who lives with the mother in an enduring relationship, but not an

immediate relative. Please note that although this policy (and the Regulations) refers to Paternity/maternity support Leave and to “father”, “he” and “him”, this right is available to a same sex partner, and thus should be taken to include those female same sex partners who qualify.

1.4 The leave must be taken to support the mother or care for the new baby - it is not

permissible to take the leave for any other purpose 2 Period of Leave 2.1 The employee can choose whether he wishes to take one or two weeks leave. Odd days

or separate weeks cannot be taken. The employee can only take one period of leave, regardless of how many babies are born as the result of one pregnancy/one adoption process.

2.2 Leave cannot begin until the birth of the baby/placement of adopted child or 14 days prior

to placement date. 2.3 If an employee wishes to take leave from the date of birth and they are working on that

day, leave will start from the next day. 3 Notification 3.1 An employee must inform BTHFT at least 28 days before they want leave to start using BTHFT’s Paternity/maternity support Leave/Pay Application Form. BTHFT will

accept later notification if there is a good reason. 3.2 The employee must inform BTHFT:

• the expected week of childbirth (EWC); • the expected week of adoption • whether they wish to take one or two weeks leave; • the start date of the leave

54

3.3 If an employee wishes to take Parental Leave as well as Paternity/maternity support Leave an application should be submitted at the same time.

4 Occupational Paternity/maternity support Pay and Statutory Paternity/maternity

support Pay (SPP) 4.1 There will be an entitlement to two weeks’ occupational paternity/maternity support pay.

Full pay will be calculated on the basis of average weekly earnings rules used for calculating occupational maternity pay entitlements. The employee will receive full pay less any statutory paternity/maternity support pay receivable.

4.2 Eligibility for occupational paid paternity/maternity support leave will be 12 months’

continuous service with one or more NHS employers at the beginning of the week in which the baby is due.

4.3 To qualify for SPP, the employee must have worked for BTHFT for 26 weeks ending with

the 15th week before the baby is due, and must also work for BTHFT from the 15th week up to the date of birth. To qualify, average earnings must be at or above the Lower Earnings Limit for National Insurance purposes.

4.4 SPP is treated as earnings, so any deductions, such as tax, National Insurance

Contributions, pension and trade union subscriptions will be deducted from this. 4.5 SSP and statutory sick pay cannot be paid at the same time. If the beginning of SPP

coincides with a period of sickness the SPP should be postponed. 5 Terms and conditions during leave 5.1 During leave the employee’s contract of employment will continue. Benefits will continue to

be accrued that are not pay during your leave, including annual leave. 6 Return to work 6.1 After Paternity/maternity support Leave, the employee is entitled to return to work to the

same job as before the leave, on the same terms and conditions (except where a redundancy situation has arisen). There will be an entitlement to benefit from any changes to the terms and conditions during the leave period.

6.2 If Parental Leave is taken after Paternity/maternity support Leave, the right to return

remains the same, unless more than four weeks’ parental leave is taken, in which case the right to return is to the same job where this is reasonably practicable, and if not, another suitable job will be offered.

6.3 If the employee is ill at the end of Paternity/maternity support Leave, then the usual

absence procedures should be followed and the employee will be treated as having returned to work but is off sick in the normal way.

7 Ante-Natal Classes Reasonable paid time off to attend ante-natal classes will be given.

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TIMETABLE OF KEY EVENTS 28 days before expected week of childbirth/intended date of adoption placement

Must give notice of intention to take leave by this date.

Must give notice of wish to have Statutory

Paternity/maternity support Pay and provide employer with declaration.

Birth Should notify employer of date of actual birth after

this time. 56 days after birth (or 56 days after EWC if later)

All Paternity/maternity support Leave must have been taken by this time.

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APPLICATION FOR STATUTORY PATERNITY/MATERNITY SUPPORT LEAVE/PATERNITY/MATERNITY SUPPORT PAY

Please complete your dates for pay and leave The baby is due on ______________________ And, if the baby has been born, please enter the actual date of birth ______________________ I would like my Statutory Paternity/maternity support Pay and/ or paternity/maternity support leave to start on ______________________ Date of placement of adopted child/14 days prior to placement ___________________ I want to be away from work for one/two* weeks (*delete as appropriate) Your declaration Surname _____________________First Name_______________________ Job Title __________________________ Dept ________________________ Trust Start Date ______________________NHS Start Date_____________________ National Insurance Number __________________________________________ You must be able to tick all three boxes below to get Statutory Paternity/maternity support Pay and paternity/maternity support leave. I declare that

• I am o The baby’s biological father, or o Adoptive father, or o Nominated carer, or o Same sex partner

• I have responsibility for the child’s upbringing □

• I will take time off work to support the mother or care for the child. □

Signature _____________________________ Date _______________________ Signature of Director/General Manager _______________________ Date ________________

Please note applications for Paternity/maternity support Leave can only be accepted if authorised by a Director/General Manager.

This form should be sent to the relevant Human Resources Department who will notify

Payroll when written confirmation is received of the baby’s birth. An Assignment Change Form will be required at that time.

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CONTENTS - SECTION 5

DOMESTIC LEAVE SECTION PAGE 1. Introduction 58 2. Paid Domestic Leave 58 3. Unpaid Domestic Leave 58 4. Application Procedure 59 5. Policy Review 59 6. Application Form 60

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SECTION 5 POLICY ON DOMESTIC LEAVE 1. INTRODUCTION BTHFT recognises the need to provide a working environment where its employees can

balance the demands of domestic and work responsibilities during periods when they are faced with personal matters which require their absence from work. This policy meets the requirements of the Employment Relations Act 1999 on domestic leave.

2. PAID DOMESTIC LEAVE 2.1 Senior managers have discretion to grant a limited amount of leave with pay to any employee

who is faced with a situation of urgent domestic distress (i.e. unforeseen) and requires a short period of time away from work to deal with matters such as bereavement, breakdown of normal carer arrangements, illness of a child or other dependant and domestic crises such as burglaries etc. Each request for domestic leave should be treated as sympathetically and flexibly as possible. The procedure for applying for domestic leave is described in paragraph 4.

2.2 The amount of paid domestic leave granted will vary according to the circumstances and

managers should endeavour to give the amount of leave which appears to be appropriate to the situation. Normally this will be up to 3 days although there is discretion to extend this to 5 days in exceptional circumstances. Where an employee is applying for domestic leave to look after a dependant, up to 3 days can be taken over a 12 month period to run concurrently with normal annual leave provisions. Managers have discretion to grant very short periods of paid domestic leave (e.g. 1 hour, ½ day, 1 shift) to allow their staff to deal with domestic incidents which are capable of being resolved quickly. Where appropriate managers can seek advice from the Human Resources Department.

2.3 An employee faced with bereavement may sometimes require additional time off (i.e. the

exceptional circumstances referred to in paragraph 2.2 above) to deal with funeral arrangements etc and such requests should be treated as sympathetically as possible. The death of a partner, relative or close friend is particularly traumatic and it is important that employees having to cope with bereavement are given as much support as possible. For some people, taking domestic leave is not always the answer as they may prefer to be part of a relatively stable environment which invariably means their job. BTHFT has a staff counselling service which can provide bereavement counselling and further details can be obtained form Psychology Services. There are also a number of other support organisations which can provide help and advice to employees and further details can also be obtained from the Department of Occupational Health or the Human Resources Department.

3. UNPAID DOMESTIC LEAVE 3.1 Where paid leave is not granted in accordance with the arrangements set out in paragraph 2

employees are entitled to take a reasonable amount of unpaid time off during working hours for the following domestic emergencies.

� Provision of assistance on an occasion when a dependant *falls ill, gives birth or is injured or assaulted.

� Making arrangements for the provision of care for a dependant * who is ill or injured. � The death of a dependant *. � The unexpected disruption or termination of arrangements for the care of a

dependant* � Dealing with an incident, which involves the child of an employee and which occurs

unexpectedly in a period during which an educational establishment, which the child attends, is responsible for him/her.

* A ‘dependant’ is defined as the employees wife, husband, civil partner, child, parent or

someone who lives in the same household as the employee but who is not his/her

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employee’s, tenant, lodger or boarder. 3.2 The employee must tell his/her manager the reason for his/her absence as soon as reasonably practicable, together with how long he/she expects to be absent. The manager has discretion regarding whether the leave will be paid or unpaid in accordance with paragraphs 2 and 3 above. 4. APPLICATION PROCEDURE All applications for Domestic Leave in accordance with this policy must be made on the attached application form and countersigned by the appropriate Senior Manager. There

should be a discussion confirming what may be granted as domestic leave, annual leave or unpaid leave.

The manager should send a copy of the completed form to the Payroll Department and a copy to the Human Resources Department for retention on the employee’s personal file. This can be done electronically. It is the manager’s responsibility to keep records of applications and resultant decisions.

5. RETURN TO WORK INTERVIEW Due to the unforeseen and urgent nature of domestic distress the application may need to be formalised after the event. Therefore, the manager and employee should meet upon the employees return to work to discuss whether or not any further support is required and, if appropriate to discuss steps in place to accommodate future episodes e.g. sick dependants. 5. POLICY REVIEW This policy will be reviewed every two years.

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APPLICATION FOR DOMESTIC LEAVE 1. NAME: ---------------------------------------------------------------------------------------- 2. POST: ---------------------------------------------------------------------------------------- 3. WARD/DEPT: ------------------------------------------------------------------------------- 4. DIRECTORATE: ------------------------------------------------------------ 5. REASONS FOR REQUEST: --------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------- 6. PERIOD OF LEAVE REQUESTED -------------------------------------- TO ----------------------------------- (PAID LEAVE) -------------------------------------- TO -----------------------------------(UNPAID LEAVE)

(SEE POLICY DOCUMENT FOR PERIODS OF PAID/UNPAID LEAVE)

7. SIGNATURE OF EMPLOYEE: ----------------------------------------------------------- 8. SIGNATURE OF SENIOR MANAGER: -------------------------------------------------- 9. NAME OF MANAGER: ------------------------------------------------------------ 10. DATE OF RETURN TO WORK INTERVIEW NOTE 1. All dates of absence should be given to the payroll Department by the Manager. 2. A copy of this form should be kept on the employee’s personal file. 3. In the event that the employee is unable to sign the form the manager may sign on the employee’s behalf.

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APPENDIX A

MATERNITY PAY/LEAVE GUIDANCE FOR STAFF

62

CONTENTS SECTION PAGE 1.0 Introduction 63 2.0 Continuous Service 63 3.0 Maternity Leave 63 3.1 If you wish to return to work 63 3.2 If you do not wish to return to work 64 3.3 Undecided 64 3.4 Part-time Staff 64 4.0 How to claim maternity pay and/or leave 64 5.0 Reasonable contact during maternity leave 64 6.0 Keeping in touch days 64 Appendix 1 Questions and Answers 66 Appendix 2 What to do and why 72

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1.0 INTRODUCTION If you are pregnant and intend to work after the birth of your baby you will qualify for paid

and/or unpaid Maternity Leave. Even if you do not return to work, you may be entitled to Maternity pay.

These notes attempt to advise you of your rights as simply as possible. The provisions are complex so if you have any queries please contact your manager or a

member of the Human Resources Department who will explain the regulations in greater detail and offer assistance with the application form.

2.0 CONTINUOUS SERVICE With the exception of As and When/temporary nurse register work you can count all service

whether full-time and part-time in the NHS or a local authority as long as there has been no break of service of more than 3 months.

3.0 MATERNITY LEAVE 3.1 If you wish to return to work and

i) You have an as and when/Temporary Nurse Register contract or have less than twelve months service up to the 11th week before the expected week of childbirth you have an entitlement to 52 weeks unpaid maternity leave (See Section A, Appendix 2).

You may also be entitled to Statutory Maternity Pay (SMP) or Maternity Allowance

(MA) from the Department for Work and Pensions (DWP) (see notes 7 and 8). ii) Have a minimum of 12 months continuous service up to the 11th week before the

expected week of childbirth you have an entitlement to 39 weeks paid maternity leave including occupational maternity pay; plus up to 13 weeks additional unpaid leave (See Section B, Appendix 2)

You may also be entitled to SMP or MA from the DWP (see notes 7 and 8). PAY during Maternity Leave is calculated as follows:- For the first 8 weeks (i) full pay less any SMP or MA (including

any Dependants’ allowances) receivable.

For the 9th – 26th weeks (ii) half full pay plus any SMP or MA

(including any Dependants’ allowances) receivable providing the total receivable does not exceed full pay.

For the 27th – 39th weeks (iii) SMP/MA only.

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To be entitled to paid maternity leave an employee must have a contract which entitles them to paid leave in respect of sickness absence. If this is not the case maternity allowance can be claimed from the DWP if 26 weeks standard rate National Insurance Contributions have been paid in the 66 week period before the week the baby is expected. If insufficient contributions have been made income support may have to be claimed if income is low enough to qualify.

3.2 If you do not wish to return to work or have less than 12 months service:- (1) If you have 12 months continuous service but do not intend to work with the

Trust or another NHS employer for a minimum period of three months after your maternity leave has ended, you will be entitled to pay equivalent to SMP, which is paid at 90% of average weekly earnings for the first six weeks of Maternity leave and to a flat rate sum for the following 33 weeks.

(2) If you do not satisfy the conditions for contractual maternity pay you may still be entitled to SMP if you have 26 week continuous service with BTHFT. SMP will be paid regardless of whether you satisfy the conditions in paragraph 3 of the Maternity Policy. If your earnings are too low for you to qualify for SMP, or you do not qualify for another reason, you should claim Maternity Allowance from your local Job Centre Plus or DWP 3.3 UNDECIDED about returning to work? Contact your Human Resources Department for

further advice. 3.4 PART-TIME STAFF 'Full Pay' means the amount normally paid to part time staff, and 'half pay' means half the

amount normally paid to part time staff. 4.0 HOW TO CLAIM MATERNITY PAY AND/OR LEAVE To claim any of the benefits described above you must: i) Advise your Manager that you are pregnant and request details of the maternity

leave/pay provisions as soon as practicable. ii) Remain in employment until at least the eleventh week before your expected week of

childbirth. iii) By the 15

th week before your expected week of childbirth, confirm your intention to

apply for Maternity Leave and/or pay by submitting the completed maternity leave/pay application form and a copy of your certificate of expected childbirth (form MAT B1 from your GP or Midwife) to the Human Resources Department.

iv) If it is your intention to return to work you must state that you will do so for at least

three months. This must be to a contracted post. Should you wish to return only to an as and when/TNR post you will be liable to refund any maternity pay received.

5.0 REASONABLE CONTACT DURING MATERNITY LEAVE You should talk to your manager to agree what kind of contact you will have with work during

your maternity leave, e.g. how you will be told about changes happening at work, including job vacancies/promotions. Keeping in touch with work can help to make it easier when it is time to go back.

6.0 KEEPING IN TOUCH DAYS As well as staying in contact with your manager during your maternity leave if you and your

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manager both agree you can do up to 10 days’ work during your maternity leave. These are known as “Keeping in Touch Days”. They aren’t limited to your usual job – they could be used for training or other events. You may want to use some “Keeping in Touch Days” to ease your return to work. You and your manager must both agree that you will work these days and agree the arrangements including what you will be doing and how you will be paid.

The notes on the following pages answer specific questions on Maternity Leave and/or pay.

If you cannot find the answers to your questions here, please contact your Manager or a

member of the Human Resources Department.

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QUESTIONS AND ANSWERS Appendix 1 1 When will my Maternity Leave begin? The maternity leave period starts on the date chosen by you and notified to your manager

provided that the date is not earlier than the 11th week before the expected week of childbirth and not later than the day on which the baby is born.

2 Employer's request for confirmation of intention to return An employee who intends to return to work at the end of her full maternity leave entitlement

will not be required to give any further notification to BTHFT. The return date will be the date on the application form and this will be confirmed to the employee prior to maternity leave starting.

3 When do I return to work? There is a legal requirement for 2 weeks compulsory leave after the birth. An employee who wants to return to work before the end of her maternity leave as shown on the application form will need to inform BTHFT in writing giving 8 weeks’ notice. 4 Do I get my old job back? In most cases yes, you have a right to return to your job, however, where BTHFT does not

find it reasonably practicable to allow you to return to the same job it will offer suitable alternative employment on terms and conditions not substantially less favourable to you, e.g., a nurse may be asked to return to a different ward if it is not practicable to keep her post vacant on the ward she left.

5 What if I don't want to work full-time anymore? BTHFT's commitment to hold your post open for your return from Maternity Leave applies in

respect of those terms and conditions of employment enjoyed before the period of Maternity Leave commences e.g. hours of work. Where you feel you would have difficulty in returning to your post you should discuss the situation with your Manager before your Maternity Leave begins when it may be possible, to facilitate a change. The provision should not be construed as an entitlement to return to reduced or re-scheduled hours although every effort will be made to look at your request flexibly. BTHFT’s Policy on the Right to Request Flexible Working should be referred to as appropriate.

BTHFT is committed to a policy of job share and career breaks and there are many examples

of part time working throughout the Organisation. Further details can be found in the Policy on Right to Request Flexible Working

6 What Is Statutory Maternity Pay (SMP) The Maternity Allowance & SMP Regulations were introduced on 4 May 1994. SMP is paid:- i) as part of the NHS Maternity pay where payment is full pay. ii) in addition to NHS Maternity pay where payment is at half pay. iii) in its own right where the employee does not qualify for occupational maternity pay

from BTHFT. SMP is payable to employees who have been continuously employed by BTHFT for twenty

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six weeks up to the fifteenth week prior to the expected date of childbirth, and whose average earnings are not less than the lower earnings limit for National Insurance contributions.

It is payable for a maximum of 39 weeks. It is not necessary to return to work after Maternity

Leave to receive SMP. There are two rates of SMP:- i) HIGHER RATE - the higher rate of SMP is assessed at 90% of your average

earnings over the eight week period prior to the fifteenth week before the week of childbirth. It is payable for the first six weeks.

ii) LOWER RATE - the lower rate of SMP is a set amount reviewed each year by the

DWP and is equivalent to higher rate Statutory Sick Pay. (See http://www.dwp.gov.uk/)

NB If you are entitled to SMP, maternity allowance is not payable by the DWP. 7 What if I do not qualify for SMP? The State Maternity Allowances will continue to be paid by the DWP where a woman has

worked and paid full rate contributions for at least 26 weeks in the 66 weeks before the baby is expected.

8 What happens if I am ill? Absence on account of illness which occurs before your Maternity leave commences will be

treated as normal sick leave, provided that it is covered by a medical certificate and will be subject to the provisions of the sick-pay scheme. The start of the maternity leave period is, however, triggered automatically if you are absent from work 'wholly or partly because of pregnancy/childbirth' after the beginning of the 4th week before the expected week of childbirth, in which case, the period of leave starts automatically on the first day of sickness.

If you are entitled to paid maternity leave followed by a period of unpaid maternity leave and

are ill during the period of unpaid maternity leave, you may submit medical certificates and claim sick-pay but if you do you will lose your right to further unpaid maternity leave and will have to return to work when you are declared medically fit to do so. It is necessary for you to have notified your intention to return to work for this to happen.

9 What about my Pension? Pension is payable at the usual rate even when you are on unpaid leave. Arrangements can

be made to collect this amount over a reasonable period of time i.e. equivalent to the period of unpaid leave which you have taken, once you have returned to work. (This is applicable only to those who normally pay into the NHS Pension Scheme). However, where an employee who previously paid into the Pension Scheme no longer wishes to do so on account of a reduction in hours for example, then in normal circumstances no arrears will be requested and the last maternity pay day will be treated as the last pensionable day. Should you have any queries please contact the Pensions Department on Extension 71-6347.

Pension Scheme members who are not returning to work after their Maternity Leave must be

given the opportunity to extend their pensionable service to take account of the 26 weeks statutory leave for the payment of contributions. An employee may choose not to pay contributions on this service. For further guidance on this provision or any other enquiries please contact the Pension Department on extension 71-6347.

10 (i) How is my annual leave affected? Annual leave will continue to accrue during maternity leave, whether paid or unpaid provided

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for by this agreement. (ii) Returning to part-time work If you reduce your hours when you return to work from maternity leave your annual leave

will be calculated in hours on a pro rata basis. Your Bank Holiday entitlement would also be calculated in hours on a pro rata basis.

NB The change in annual leave entitlement will come into effect when you commence

your new contract. 11 Am I entitled to Bank Holidays? If you normally work Bank Holidays you are entitled to accrue leave for any Bank Holidays

that fall in the 39 week SMP period. 12 Is my incremental date affected? Absence on maternity leave whether paid or unpaid leave will count towards your normal

annual increment on your pay band and will not alter your normal incremental date. 13 How long do I have to work to be entitled to maternity leave again? There is no re-qualifying period of service necessary before a further period of Maternity

leave may be taken. 14 What happens to the Regular Car Users Allowance? The lump sum payment will be made for the remainder of the month in which the car is out

of use and a further 3 months. Payment will be made at the rate of 50% of the lump sum payment for a further 3 months or until the end of maternity leave, whichever is the sooner, after which no payment will be made.

15 Am I responsible for telephone rental? The existing arrangements for the reimbursement of telephone rental charges will

continue during the period of maternity leave. 16 Failure to return to work from maternity leave An employee who wishes to take maternity leave in accordance with BTHFT Provisions

must sign a declaration stating that she intends to return to work in the NHS once maternity leave has ended, for a minimum period of 3 months. Where you have notified BTHFT of your intention to return to work and fail to do so, or where you have agreed to return to other NHS employment and fail to submit to BTHFT a copy of your letter of appointment within 15 months of the beginning of your maternity leave, you will be liable to refund the whole of the maternity pay received (except where you are entitled to SMP in which case that sum will be deducted from the total owed).

17 Employees on fixed term or training contracts Employees subject to fixed-term or training contracts which expire after the eleventh week

before the expected week of childbirth, who satisfy the conditions laid down by BTHFT can have their contracts extended so as to enable then to receive the 39 weeks paid maternity leave. If you do not meet the 12 months continuous service condition you may still be entitled to SMP.

Employees on a fixed-term contract without 12 months’ service may be entitled to SMP.

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If you are participating in a planned rotation of appointments as part of an agreed programme of training, you shall have the right to return to work in the next planned post where appropriate irrespective of whether that is with the same or another employing Authority/Trust.

18 Do I get time off to attend ante-natal clinic? You are entitled to paid leave to attend ante-natal clinics on the advice of a Doctor, Midwife or

Health Visitor. After the initial appointment you may be required to produce a Certificate of Pregnancy together with proof of the appointment concerned. Ante-natal care may include relaxation and parent craft classes as well as appointments for ante-natal care

19 Information about Maternity Rights and SMP “Pregnancy and Work – what you need to know as an employee” outlines the basic Rights &

Responsibilities and obligations for employees and this useful document can be found on the DTI website at www.dti.gov.uk/employment/workandfamilies

Information on maternity issues including rates of maternity and paternity/maternity support

pay can be found at www.direct.gov.uk/employees ACAS produce a number of useful guidance publications and ACAS also operates a helpline

to answer employment questions Tel: 08457 47 47 47 (Open from 08.00 – 18.00 Mon-Fri) 20 What happens if I worked for another Authority/Trust? Qualifying service for the maternity provisions may be with one or more Health

Authorities/NHS Trusts/NHS Boards/Primary Care Trusts and Northern Ireland Health Service, provided there is no break in service. Qualifying service for SMP is with BTHFT only.

21 How will I be affected if my baby is born early? Maternity leave will commence automatically if your baby is born before your maternity leave

was due to commence. If your baby is born before the 11

th week before the expected week of childbirth, maternity

pay starts the day after the day of birth. If your child is born before the eleventh week before the expected week of childbirth, you may

choose, with the agreement of BTHFT, to split your maternity leave entitlement, i.e. to take a short period of leave immediately after your childbirth and return to work to take the balance of leave following the child's discharge from hospital.

22 What happens if the baby does not survive? If a still birth occurs after 24 weeks of pregnancy, you are entitled to maternity pay and leave

entitlements as if the birth had been live. Where an employee has a miscarriage before the 25

th week of pregnancy normal sick leave

provisions will apply as necessary. 23 Health & Safety Where an employee is pregnant, has recently given birth or is breastfeeding, BTHFT will

carry out a risk assessment of her working conditions. If it is found, or a medical practitioner considers, than an employee or her child would be at risk were she to continue with her normal duties BTHFT will provide suitable alternative work for which the employee will receive her normal rate of pay. Where it is not reasonably practicable to offer suitable alternative

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work the employee should be suspended on full pay. 24 Temporary Nurse Register/As & When Staff Staff in a TNR or "as and when" post will be entitled to up to 52 weeks unpaid leave. Applications are made in the normal manner. Pay will be determined by earnings and length

of service. Your HR Advisor and payroll department will provide more information about your pay entitlement.

25 Further information If you decide to apply for maternity pay and leave, you should mention this as soon as

possible to your departmental head and complete the necessary form. Should you wish to go through maternity leave arrangements in greater detail then you

should contact the Human Resources Department where a copy of BTHFT provisions are located. The Human Resources Department will also be pleased to assist in any other queries you may have.

26 Childcare Co-ordinator For further information and advice on a range of childcare issues please contact

Anne Whitaker, Childcare Co-ordinator on 07776301237 or e-mail her at [email protected] Further information is available on BTHFT’s Intranet site.

27. Am I required to work on Keeping in Touch Days if requested by my manager?

You can’t be required to take up Keeping in Touch Days (KIT); it is up to you to choose. Nor does your manager have to offer them to you. Your manager cannot demand that you go into work at any time during your maternity leave period nor can you be penalised for refusing to take up a Keeping in Touch Day.

28. What is meant by reasonable contact? Contact during maternity leave should be agreed by you and your manager prior to

your leave starting. It may be by telephone or letter and will be used to keep you informed of developments that may affect you on your return to work, to inform you of any job vacancies or promotional opportunities. This is a separate arrangement to the KIT days mentioned in Point 27 above.

MATERNITY LEAVE/PAY ENTITLEMENTS

A. Less than 12 months service by 11

th week

prior to EWC

Returning to work? Yes 52 weeks maternity leave. If over 26 weeks service by 15th week prior to EWC – SMP from BTHFT for 39 weeks plus 13 weeks additional unpaid leave

No Entitled to 52 weeks maternity leave. May be entitled to SMP by employer or DWP dependent on service.

B. Minimum of 12 months service by 11

th

week prior to EWC

Returning to work? Yes 39 weeks occupational maternity pay including SMP plus 13 weeks unpaid leave.

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No 9/10ths of full pay for six weeks and flat rate SMP for 33 weeks

CALCULATION OF MATERNITY PAY if minimum of 12 months service by EWC

1ST

8 weeks Full pay less SMP.

9th – 26

th week Half of full pay plus SMP.

27th – 39

th week SMP only

STATUTORY MATERNITY PAY

if 26 weeks’ continuous employment by 15th week prior to EWC

1ST

6 weeks 90% of average earnings

7th – 39th week Flat rate SMP

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Appendix 2 MATERNITY LEAVE – WHAT YOU NEED TO DO AND WHY

WHAT YOU SHOULD DO WHY YOU SHOULD DO IT

When you know you are pregnant read the Maternity Leave Policy on BTHFT’s intranet site which is contained within the Carers Leave Policy. Also access the

www.dti.gov.uk/employment/workandfamilies/maternity-leave website and read “Pregnancy & Work – what you need to know”. You should think about when to tell your manager you are pregnant.

Once your manager knows you are pregnant the appropriate risk assessment can be carried out

15th

week prior to expected week of childbirth

Inform your manager you are pregnant – if you have not already done so. Complete an application form for maternity leave/pay. The form can be found on the intranet under Trust Policies – Carers Leave. Your partner should also tell their employer at this point if they want to take paternity/maternity support leave.

Within 28 days of receiving your application form the Human Resources Department will write to you with details of your maternity leave and pay entitlement. You will receive a separate letter from Salaries & Wages detailing your maternity pay entitlement. The letter from HR will confirm the start and end date of your maternity leave.

21st week of pregnancy

Give your manager your MATB1 form and this should be sent to the Human Resources Department. The form should be available at this point from your GP or Midwife.

This form is required so that your maternity pay can be accurately calculated. If you are not entitled to SMP you will be issued with a certificate so that you can apply for maternity allowance.

Start date of maternity leave

If you change your mind about the date you want to start maternity leave you must give your manager 28 days notice if practicable and HR should be advised as soon as possible.

This will changes the dates previously confirmed to you and you will receive written confirmation from HR regarding the start and end date of maternity leave.

Returning from maternity leave

If you want to return later or earlier than planned you will need to give 8 weeks notice in writing.

Prior to start of leave

Discuss arrangements for reasonable contact with your manager.

There may be changes happening at work including job vacancies or opportunities for promotion. Keeping reasonable contact can help to make it easier when it is time to go back.

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WHAT YOU SHOULD DO WHY YOU SHOULD DO IT

Working during maternity leave – Keeping in Touch Days. You can agree up to 10 keeping in touch days with your manager. Both you and your manager must agree, you cannot be required to take up Keeping in Touch Days nor does your manager have to offer them to you.

You may like an opportunity to work to help you keep in touch or to attend a particular event or take up a training opportunity. Keeping in touch days are not limited to your usual job. You cannot work during the 2 weeks immediately following the birth.

Return to work

You may want to change your working pattern and you should give your manager as much notice as possible either before starting maternity leave or during your leave. You may be able to arrange such a change informally but if not there is a set procedure for you to follow. The information can be found on BTHFT intranet site under Policies – Flexible Working.

As the parent of a child under 6 you are entitled to make a request to change to a flexible working pattern in order to care for your child. If you follow the correct procedure your manager must seriously consider your request and comply with their part of the procedure.

Decide not to return?

If you decide not to return to work you must give at least the contractual amount of notice. You will still be entitled to receive SMP or MA for up to 39 weeks even if your employment ends so long as you don’t start work again during this period. Your notice can run during your maternity leave.

If you have decided not to return and have been paid occupational maternity pay over and above SMP you may be required to refund the amount of occupational maternity pay but will still be entitled to SMP.

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APPENDIX B

KEEPING IN TOUCH DAYS DURING MATERNITY/ADOPTION LEAVE

NAME:

ASSIGNMENT NUMBER

DEPARTMENT:

JOB TITLE:

BAND:

TYPE OF LEAVE: MATERNITY/ADOPTION* delete as appropriate

START DATE OF MATERNITY/ADOPTION LEAVE:

RETURN TO WORK DATE:

RECORD OF DAYS WORKED – You can work up to 10 KIT days during Maternity/Adoption Leave

Date Hours From

Hours To

Lunch break

Total hours worked

Reason for KIT day

Authorised by

1

2

3

4

5

6

7

8

9

10

You will be paid your basic hourly rate less any Statutory Maternity/Adoption pay if applicable. Payment for KIT days worked during your paid and unpaid maternity/adoption leave will be in the month following the day(s) worked. Manager You should keep a full record of KIT days to ensure that no more than 10 days are worked. This form should be signed and submitted to Payroll at the beginning of each month for any KIT days worked in the previous month. Signed ……………………………………………. (Employee) Dated …………………. Authorised by: …………………………………… (Signature) Dated ………………… Name of Manager ………………………………. Contact No. ………………………….

Maternity, Paternity and Adoption – Addendum to Policy This addendum applies to all BTHFT employees and should be read in conjunction with the relevant policy relating to maternity, paternity and adoption leave. Changes to Maternity, Paternity and Adoption Pay with effect from 1st April 2011 New Statutory Maternity Pay (SMP) Rate with effect from 1st April 2011: £128.73 per week or 90% of the employee's average weekly earnings, whichever is lower. (The Maternity Allowance weekly rate will be £128.73) New Statutory Paternity Pay (SPP) Rate with effect from 1st April 2011: £128.73 per week or 90% of the employee's average weekly earnings, whichever is lower. New Statutory Adoption Pay (SAP) Rate with effect from 1st April 2011: £128.73 per week or 90% of the employee's average weekly earnings, whichever is lower. Changes to Maternity, Paternity and Adoption Leave Changes relating to the way in which maternity and paternity leave can be taken by employees came into force in April 2011, with the introduction of additional paternity leave (“APL”). This will affect parents of babies due on or after 3 April 2011, and adoptive parents who are matched with a child for adoption after this date. What this means for all staff who are employed by Bradford Teaching Hospitals NHS Foundation Trust:

• Fathers and adoptive fathers will have the right to take between 2 and 26 weeks’ (6 months) APL. This is in addition to the 2 weeks of ordinary paternity leave (“OPL”) which employees are already (and will remain) entitled to take, subject to fulfilling eligibility requirements (refer to current policy).

• The APL will be available to the father or adoptive father, on the basis that the mother, or adoptive partner, has returned to work. The employee will be expected to provide information to their employer, to confirm that this is the case (see section on application forms below).

• The additional paternity leave must be taken within the period that begins 20 weeks after the child is born and ends one year after the birth (in adoption cases, between 20 weeks after the child’s placement for adoption and ends one year after the placement). It cannot be taken outside this timescale.

• Fathers will be eligible to take APL if they have the requisite length of service (at least 26 weeks’ continuous employment with the employer, ending with the 15th week before the expected week of childbirth, and must remain in continuous employment with the employer until the week before the first week of the additional paternity leave period) and if they are the spouse, partner or civil partner of the other parent, and have, or expect to have responsibility for caring for the child.

• In an adoption situation, an employee who is one of a couple adopting a child will qualify for additional paternity leave if he or she has at least 26 weeks' continuous employment with the employer, ending with the week in which he or she is notified of the adoptive match (or for an adoption from overseas, 26 weeks' continuous employment ending with the week in which official notification was sent from the relevant domestic authority, or commencing with the week in which his or her employment with the employer began), and remains in continuous employment with the employer until the week before the first week of the additional paternity leave. To be entitled to additional paternity leave, the employee must have been jointly matched for adoption as part of a couple. Additional paternity leave is not available to the spouse, civil partner or partner of the adopter, if the couple are not jointly adopting the child.

• The period of APL which the father or adopted father takes may or may not be paid, depending upon the amount of statutory maternity pay already received by the mother, ie. the pay eligibility will be determined by reference to the mother’s earnings. The mother must have at least two weeks of her statutory pay or allowance period remaining unexpired for the father, or adopted father, to receive payment for the APL period. In addition, the father, or adoptive father’s average earnings need to be at or above the Lower Earnings Limit of £102.00 as at April 2011.

• Unless the father, or adopted father, is also an employee of an NHS organisation, any outstanding enhanced maternity pay (ie. occupational maternity pay) paid to the mother as an NHS employee, would not transfer to the father, or adoptive father.

• If the child’s mother, or the other adoptive parent, dies in the first year of the child’s life, the additional paternity leave can begin at any time after the death and last until the child’s first birthday.

• Additional paternity leave must be taken as one continuous period, in multiples of complete weeks.

• Employees are entitled to return to work on the same terms upon which they were employed immediately prior to taking the period of APL.

• The employee should provide the employer with 8 weeks’ notice of their intention to take APL.

• The mother of a child in relation to whom an employee is applying for additional paternity leave must provide her partner’s employer with certain specified information and must give her consent to her partner’s employer processing that information (see section on application forms below).

Application form for Additional Paternity Leave

This form needs completing in addition to the existing Application Form (as per your relevant policy) for Statutory Paternity/Adoption Leave The baby is due on ______________________ And, if the baby has been born, please enter the actual date of birth ______________________ I would like my Additional Paternity Leave to start on ______________________ (this must be between the period of 20 weeks after the baby’s birth and the baby’s first birthday) The date my Additional Paternity Pay is expected to end _____________ I would like _________ weeks of leave, and to return to work on: _____________ Mother’s declaration Surname _______________________ First Name _______________________ Address: _______________________________________________

_______________________________________________ Nat. Insurance No: _______________________ By signing below, I confirm that I am returning to my place of employment with effect from ________________ (date), that I stopped or will stop receiving maternity pay on _____________ (date), and thereby give my consent to the processing of the father’s/adoptive father’s* (*delete as appropriate) application for additional paternity leave. Signature: __________________________________________

Your declaration Surname _______________________ First Name _______________________ Job Title _______________________ Dept _______________________ Trust Start Date ___________________ NHS Start Date ___________________ National Insurance Number __________________________________________

You must be able to tick all three boxes below to get Additional Paternity Pay and paternity leave. I declare that

• I am □ o The baby’s biological father, or o Spouse, Partner or Civil Partner of the mother or o Adoptive parent (joint matched)

• I will have the main responsibility for the upbringing of the child □

• The reason for requesting APL is to care for the child. □ Signature _____________________________ Date _______________________ Signature of Manager _______________________ Date ________________

Please note applications for Paternity Leave can only be accepted if authorised by a Divisional

General Manager.

This form should be sent to the Human Resources Department at St Lukes Hospital.

policy on carers leave - childcarebenefits.bdct.nhs.uk

Documents