Family Friendly Policy
Time off for dependants
You have the right to take a reasonable period of time off work to deal with an emergency involving a dependant.
This right is to enable you to deal with an unexpected or sudden problem and make any necessary longer term arrangements:
• if a dependant falls ill or has been involved in an accident or assaulted, including where the victim is hurt or distressed rather than injured physically;
• when a partner is having a baby;
• to make longer term care arrangements for a dependant who is ill or injured;
• to deal with the death of a dependant; for example, to make funeral arrangements or to attend a funeral;
• to deal with an unexpected disruption or breakdown in care arrangements for a dependant; for example, when the childminder or nurse fails to turn up;
• to deal with an incident involving the employee’s child during school hours; for example, if the child has been involved in a fight or is being suspended from school.
A dependant is your partner, child or parent, or someone who lives with you as part of your family. For example, this could be an elderly aunt or grandparent who lives in the household. It does not include tenants or boarders living in the family home, or somebody who lives in the household as an employee, for example, a live-in housekeeper.
In cases of illness, injury or where care arrangements break down, a dependant may also be someone who reasonably relies on you for assistance. This may be where you are the primary carer or the only person who can help in an emergency.
In most cases, the amount of leave which the law entitles you to will be one or two days at the most, but this will depend on individual circumstances. You may be able to take a longer period of leave if we agree.
The right to time off for dependants does not include a right to be paid during your time off.
You must tell us as soon as possible about your absence, the reason for it and how long you expect to be away from work. If you are prevented from telling us due to the nature of the emergency you must explain the reason for the absence on your return to work.
This right is intended to cover unforeseen matters. If you know in advance that you are going to need time off, you may be able to arrange to take this time as part of your annual holiday entitlement.
Parental leave
The right to parental leave applies to you when you have completed one year’s service with us. It allows parents with children less than five years old on, or born after, or adopted in the five years ending, or adopted after, 15 December 1999 to take 13 weeks (18 weeks for disabled children) parental leave to care for each child. The right applies to mothers and fathers and to a person who has obtained formal parental responsibility for a child under the Children Act or its Scottish equivalent. Parents are able to start taking parental leave when the child is born or placed for adoption or as soon as they have completed one year’s service, whichever is later.
The key elements of parental leave are:
• 13 weeks parental leave for each child;
• 18 weeks leave for parents of disabled children
• a right to take the leave which lasts until the child’s fifth birthday or until five years have elapsed following placement in the case of adoption or if the child was 5 or under on 15.12.99 leave that can be taken up to 31 March 2005.
• if you are a parent of a disabled child you will be able to use your leave over a longer period, up until the child’s 18th birthday;
• you will remain employed while on parental leave but you do not have the right to be paid during parental leave.
• at the end of parental leave you are guaranteed the right to return to the same job as before, or, if that is not practicable, a similar job which has the same or better status, terms and conditions as the old job; where the leave taken is for a period of 4 weeks or less, you will be entitled to go back to the same job.
You can take parental leave
• in blocks or multiples of one week
• after giving 21 days notice to your employer
• up to a maximum of four weeks leave in a year
• subject to postponement by your employer for up to 6 months where business cannot cope
• but leave cannot be postponed when the employee gives notice to take it immediately after the time the child is born or is placed with the family for adoption
If you are the parent of a disabled child you have the flexibility to take leave a day at a time or longer if you wish. A disabled child is a child for whom disability living allowance is awarded.
When you begin your employment we may make enquiries of your previous employer or seek a declaration from you about how much parental leave you have already taken.
Having a baby
We will not unreasonably refuse you time off work in order to attend an appointment for antenatal care which has been made on the advice of your doctor or midwife or health visitor. You may also be required to produce your antenatal appointment card. Time off should only be requested if it is not possible to arrange the antenatal appointment outside working hours.
Ordinary maternity leave
You are entitled to ordinary maternity leave if, when you are pregnant:
(a) by at least the end of the15th week before the week in which your baby is expected to be born or, if that is not reasonably practicable, as soon as is reasonably practicable, you notify us of -
(i) your pregnancy;
(ii) the expected week of childbirth, and
(iii) the date on which you intend your ordinary maternity leave period to start,
and
(b) if requested to do so, you produce for inspection a certificate from -
(i) a registered medical practitioner, or
(ii) a registered midwife,
stating the expected week of childbirth.
The notification of the date on which you intend your ordinary maternity leave period to start, should not specify a date earlier than the beginning of the eleventh week before the expected week of childbirth.
You may change the date on which you intend your ordinary maternity leave period to start as long as you give us 28 days advance warning of the new date if it is reasonably practicable to do so.
Where your ordinary maternity leave period commences with the day that follows the first day after the beginning of the forth week before the expected week of childbirth on which you are absent from work wholly or partly because of pregnancy you do not have to notify us of the start date of your intended ordinary maternity leave. But you are not entitled to ordinary maternity leave unless you do notify us as soon as is reasonably practicable that you are absent from work wholly or partly because of pregnancy.
Where your ordinary maternity leave period commences with the day on which childbirth occurs you do not have to notify us of the intended start date of your ordinary maternity leave but you are not entitled to ordinary maternity leave unless you notify us in writing as soon as is reasonably practicable after the birth of the fact that you have given birth and the date that this occurred.
We request that all notifications of your pregnancy and the intended date of your maternity leave should be made in writing using our Maternity Leave Notification Form. We will write to you within 28 days of receipt telling you the date when we expect you to return to work at the end of your ordinary maternity leave or if you are so entitled your ordinary maternity leave followed by additional maternity leave.
Additional maternity leave
If you are entitled to ordinary maternity leave you are also entitled to additional maternity leave.
Notification of return to work
If you wish to return to work at any time before the end of your additional maternity leave you must give us 8 weeks’ notice (which does not have to be in writing). If you do not do so we can postpone your return so that 8 weeks’ notice has been given provided that the postponed date of return is no later than the date that your maternity leave would otherwise have ended.
Commencement of maternity leave
Ordinary maternity leave commences on the last date you notify us is your intended start date, or if earlier the day that follows the first day after the beginning of the forth week before the expected week of childbirth on which you are absent from work wholly or partly because of pregnancy. If your ordinary maternity leave has not started when the birth occurs it commences on the day that follows the day on which the birth occurs. Additional maternity leave commences on the day after the last day of your ordinary maternity leave.
Duration of maternity leave
Ordinary maternity leave continues for 26 weeks from commencement or until the end of any compulsory maternity leave after that date. Additional maternity leave continues for a further 26 weeks at the end of your Ordinary maternity leave. If you are dismissed during maternity leave the maternity leave ends at the time of dismissal.
Continuation of your contract of employment
During ordinary and additional maternity leave your contract of employment continues and you are entitled to the benefit of those terms and conditions which would have applied to you had you not been absent and having been pregnant or given birth except your right to receive your wages or salary. You are also bound by your obligations under your contract of employment subject to your right to take maternity leave. During additional maternity leave not all your terms and conditions will apply but the implied term of good faith, confidentiality, and any term about acceptance of gifts and other benefits, or non participation in another business will still be effective as will your redundancy rights and entitlement to give and receive notice of termination of the contract and any contractual terms relating to disciplinary and grievance procedure.
Keeping in Touch Days
During your period of maternity leave you may by prior agreement come back to work for up to 10 days without it affecting your entitlement to maternity leave or SMP. Any work carried out on a particular day counts as a day’s work for this purpose. These days are known as “Keeping in Touch Days”. You are not obliged to work any Keeping in Touch days nor are we obliged to allow you to do so. Any arrangements for you to work any Keeping in Touch days will be made with you during your maternity leave and confirmed in writing.
Return to work at the end of maternity leave
• Ordinary maternity leave: you are entitled to return to the job you did before your period of leave on no less favourable terms than before with your seniority and pension rights preserved as if you had not been absent
• Additional maternity leave: you are entitled to return to the job you did before your period of leave or if it is not reasonably practicable for us to let you return to that job, to another job which is both suitable and appropriate for you and on no less favourable terms than before with your seniority and pension rights preserved as if you had not been absent.
Redundancy during maternity leave
if during your ordinary or additional maternity leave it is not practicable for us to employ you under your existing contract of employment due to redundancy you are entitled to be offered an alternative job at the end of your existing contract if there is a suitable vacancy for a job which is for work which it is appropriate for you to do and on terms no less favourable than your existing terms and conditions. The alternative job may be with a successor, an associated employer or us.
Pay during maternity leave
You are not entitled to receive your wages or salary but you are entitled to Statutory Maternity Pay (“SMP”) according to the following rules:
In order to qualify for SMP you must satisfy the following criteria:
a) You must have completed 26 weeks continuous employment with us by the end of the fifteenth week before your expected week of childbirth.
b) You must still be pregnant or have had your baby by then at the beginning of the eleventh week before the expected week of childbirth.
c) Your earnings must be more than a lower earnings limit for National Insurance payment purposes.
d) You must have started a period of maternity leave.
e) You must have given us notification of your pregnancy.
SMP is payable for a maximum period of 39 weeks and is subject to deductions for tax, National Insurance and any of your deductions which we may legally make.
If you do not qualify for SMP you may claim state maternity allowance directly from the DSS for the same period.
Health and Safety
If you are pregnant and employed in a position which has been identified as posing a risk to your health or to that of your unborn child you will be notified immediately and arrangements will be made to eliminate the risk.
For this reason you are required to notify us as soon as you are aware that you may be pregnant and arrangements will then be made to alter your working conditions or if that is not possible and such a job is available to offer you a suitable alternative job. If there is no suitable alternative job we have the right to suspend you on full pay until you are no longer at risk. The alternative arrangements may continue after the birth of the child if you return to work and are still considered to be at risk.
If you have concern about your own health or safety at any time please consult our Safety Officer immediately.
Should it be necessary for you to be suspended from work then assuming that you qualify for the statutory rights mentioned above and comply with the notification obligations your period of maternity leave will normally start at the beginning of the sixth week before the expected week of childbirth. Assuming you are eligible, then at that stage, payments of SMP as opposed to normal salary will start.
Compulsory maternity leave
We cannot permit you to work during the period of 2 weeks that commences on the day of childbirth.
Paternity leave
The law entitles the father of a child (and some others) to take paid paternity leave.
Who can take paternity leave?
In order to qualify for paternity leave you must satisfy the following conditions:
• have worked continuously for us for 26 weeks leading into the 15th week before the baby is due.
• be the biological father of the child or the mother’s husband or partner
• where the child is adopted be married to, or the partner of, the child’s adopter
• have or expect to have responsibility (or if not the child’s father, main responsibility apart from the mother) for the child’s upbringing
We require that you provide an SC3 or SC4 self-certificate as evidence that you meet these eligibility conditions.
Length of paternity leave
If eligible you are entitled to choose to take either one week or two consecutive weeks’ paternity leave (not odd days). You decide whether to have just one week or a fortnight. You cannot take a week at one time and another week later.
You can choose to start the leave:
• after the date of the child’s birth (whether this is earlier or later than expected), or
• from a chosen date.
Leave can start on any day of the week on or following the child’s birth but must be completed:
• within 56 days of the actual date of birth of the child, or
• if the child is born early, within the period from the actual date of birth up to 56 days after the expected week of birth.
Only one period of leave will be available to you irrespective of whether more than one child is born as the result of the same pregnancy.
Statutory Paternity Pay
During their paternity leave, most of you will be entitled to Statutory Paternity Pay (SPP) from us.
Statutory Paternity Pay will be paid by for either one or two consecutive weeks as you have chosen. The rate of Statutory Paternity Pay will be the same as the standard rate of Statutory Maternity Pay.
However if you have average weekly earnings below the Lower Earnings Limit for National Insurance purposes you will not qualify for SPP.
Notice of intention to take paternity leave
You must tell us of your intention to take paternity leave by the fifteenth week before the baby is expected, unless this is not reasonably practicable. You must tell us as soon as it is reasonably practicable.
We need to know:
• the week the baby is due
• whether you wish to take one or two weeks’ leave
• when you want the leave to start.
You can change your mind about the date on which you want the leave to start providing you tell us at least 28 days in advance (unless this is not reasonably practicable). We also need to know the date you expect any payments of SPP to start at least 28 days in advance, unless this is not reasonably practicable.
Self certificate
You must give us a completed SC3 or SC4 self-certificate as evidence of your entitlement to SPP and paternity leave. The self certificate must include a declaration that the you meet the eligibility conditions and provide the information specified above as part of the notice requirements. A self certificate form is available on request from us. The SC3 applies where you are the child’s father and if the child is adopted you should use an SC4.
Contractual benefits
You are entitled to the benefit of your normal terms and conditions of employment, except for terms relating to wages or salary (unless your contract of employment provides otherwise) throughout their paternity leave. However, most of you will be entitled to SPP for this period.
Return to work after paternity leave
You will be entitled to return to the same job following paternity leave.
Adoption cases
Where the child is adopted notice is required of the date that the adopter was notified of being matched with the child and the date that the child is expected to be placed with the adopter as opposed to the expected date of the child’s birth.
Protection from detriment and dismissal
The law protects you from suffering unfair treatment or dismissal for taking, or seeking to take, paternity leave.
Adoption leave and pay
You can also take paid leave when a child is newly placed for adoption in a similar way to the right of Maternity leave.
Adoption leave and pay will be available to:
• individuals who adopt
• one member of a couple where a couple adopt jointly (the couple may choose which partner takes adoption leave)
The partner of an individual who adopts, or the other member of a couple who are adopting jointly, may be entitled to paternity leave and pay.
Both paid adoption leave and paid paternity leave are available where an approved adoption agency notifies the adopter of a match with a child on or after 6 April 2003.
To qualify for adoption leave, you must:
• be newly matched with a child for adoption by an approved adoption agency
• have worked continuously for us for 26 weeks leading into the week in which you are notified of being matched with a child for adoption
Adoption leave and pay is not available in circumstances where a child is not newly matched for adoption, for example when a step-parent is adopting a partner’s children.
Adopters are entitled to up to 26 weeks’ ordinary adoption leave followed immediately by up to 26 weeks’ additional adoption leave - a total of up to 52 weeks’ leave.
You can choose to start leave:
• from the date of the child’s placement (whether this is earlier or later than expected), or
• from a fixed date which can be up to 14 days before the expected date of placement.
Leave can start on any day of the week.
Only one period of leave will be available irrespective of whether more then one child is placed for adoption as part of the same arrangement.
If the child’s placement ends during the adoption leave period, the adopter will be able to continue adoption leave for up to eight weeks after the end of the placement.
Statutory Adoption Pay
During their adoption leave, most adopters will be entitled to Statutory Adoption Pay.
Statutory Adoption Pay will be paid for up to 39 weeks
Adopters who have average weekly earnings below the Lower Earnings Limit for National Insurance Contributions will not qualify for SAP.
Notice of intention to take adoption leave
You required to inform us of their intention to take adoption leave within 7 days of being notified by their adoption agency that you have been matched with a child for adoption, unless this is not reasonably practicable.
We need to know:
• when the child is expected to be placed with you and
• when you want their adoption leave to start.
You can change your mind about the date on which you want leave to start providing you tell us at least 28 days in advance (unless this is not reasonably practicable). You have to tell us the date you expect any payments of SAP to start at least 28 days in advance, unless this is not reasonably practicable.
We have 28 days in which to respond to notification of your leave plans and will then write to you, setting out the date on which we expect you to return to work if the full entitlement to adoption leave is taken.
Matching certificate
You have to give us a ‘matching certificate’ – from the adoption agency as evidence of entitlement to SAP and adoption leave. You should ask their adoption agency for a matching certificate which will include basic information on matching and expected placement dates.
Contractual benefits
You are entitled to the benefit of your normal terms and conditions of employment, except for terms relating to wages or salary (unless your contract of employment provides otherwise) throughout the 26-week ordinary adoption leave period. However, most adopters will be entitled to SAP during this period.
During additional adoption leave, the employment contract continues and some contractual benefits and obligations remain in force, for example compensation in the event of redundancy and notice periods.
Return to work after adoption leave
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 8 weeks ’ notice of the date they intend to return.
Protection from detriment and dismissal
The law protects you from suffering detriment or unfair dismissal for reasons related to taking, or seeking to take, adoption leave.
Paternity leave and pay (adoption)
Following the placement of a child for adoption, the right to paternity leave and pay will give eligible employees the right to take paid leave to care for their new child or support the adopter.
Flexible working
With effect from 6 April 2003, if you are the parent of children aged under six or of disabled children aged under 18 you will have the right to apply to change your contract of employment so that you can work at home or vary your hours or the times at which you are required to work.
Eligibility
In order to make a request under the new right you must :
• be an employee
• be the parent of a child under six, or under 18 in the case of a disabled child or be the adopter, guardian or foster parent of such a child or be married to or the partner of such a person
• have worked for the same employer continuously for 26 weeks at the date the application is made
• make the application no later than two weeks before the child’s sixth birthday or 18th birthday in the case of a disabled child
• have or expect to have responsibility for the child’s upbringing
• be making the application to enable you to care for the child
• not have made another application to work flexibly under the right during the past 12 months.
Scope of a request
If you are eligible you may request:
• a change to the hours you work
• a change to the times when you are required to work
• to work from home.
The procedure
The procedure is that you have to make an application in writing. You can make only one application a year under the right, and if we accept the application this will mean a permanent change to your terms and conditions of employment.
It will be important therefore that, before making a formal application, you give very careful consideration to which working pattern will help them best care for the child; any financial implications it might have in cases where the desired working pattern will involve a drop in salary; and any effects it will have on the business and how these might be accommodated.
Within 28 days we have to either agree to your application or arrange to meet with you to explore the desired work pattern in depth, and to discuss how best it might be accommodated. It will also provide an opportunity to consider other alternative working patterns should there be problems in accommodating the desired work pattern outlined in the application. You can if you wish, bring a companion to the meeting.
Within 14 days after the date of the meeting we will write to you to either agree to a new work pattern and a start date; or to provide clear grounds as to why the application cannot be accepted and the reasons why the grounds apply in the circumstances.
We are allowed to refuse your application if we consider that one or more of the following grounds apply:
1. the burden of additional costs
2. detrimental effect on ability to meet customer demand,
3. inability to re-organise work among existing staff,
4. inability to recruit additional staff,
5. detrimental impact on quality,
6. detrimental impact on performance,
7. insufficiency of work during the periods you propose to work,
8. planned structural changes,
You have the right to appeal our decision within 14 days of it being notified to you. The appeal process is designed to be in keeping with the overall aim of the law of encouraging both parties to reach a satisfactory outcome at the workplace.
You also have a right to pursue the application further at an Employment Tribunal in some circumstances.
In summary
The law now gives you a legal right to ask to vary your contract to enable you to look after a child in some circumstances. If you want to do this you can follow the legal procedure explained above.
However as an equal opportunities employer we are very much aware of the need to be flexible when circumstances require it and particularly where childcare obligations affect our staff. However old your child (and the new right applies only to children under 6 unless disabled) we will always try to work with you so that you are able to perform your job and your family obligations as efficiently as possible. There may be many situations where a permanent change to your work pattern is unnecessary but a flexible attitude to working arrangements will help you.
We always like to encourage our staff to liase with us if problems arise and of course if you feel that you have not been fairly treated we have a grievance procedure to enable problems to be resolved.
