Statutory Time Off
PREGNANCY AND MATERNITY RIGHTS
You have certain statutory rights if you are pregnant. These are addressed below.
The rules on pregnancy and maternity are very complex and any query should be raised with the Organisation.
ANTE-NATAL CARE
You are entitled to reasonable time off work with pay to attend for ante-natal care at appointments made on the advice of a registered medical practitioner, registered midwife or registered health worker. If requested, you must provide a certificate of pregnancy and an appointment card.
STATUTORY MATERNITY PAY (SMP)
If you stop work and meet all of the following conditions you are entitled to receive SMP. You must therefore:
- have been continuously employed for at least 26 weeks ending with the 15th week before the Expected Week of Childbirth (EWC) - have average weekly earnings of not less than the figure set by the Government for the payment of National Insurance contributions - still be pregnant at the 11th week before the EWC or have given birth by that time - give at least 28 days' notice in writing that you intend to stop work - provide medical evidence of the EWC.
For the first six weeks SMP is payable at the earnings related rate (equivalent to 90% of earnings) and for the remaining 33 weeks at the statutory rate as set by the Government, (or 90% of average weekly earnings if this is less than the standard rate). In addition to the statutory rate during the 33 week period, the Organisation will pay an enhanced payment of 20% of your salary. Please note that this is a benefit not an entitlement and the Organisation reserves the right at its discretion at any time to withdraw or amend this benefit.
MATERNITY LEAVE
If you stop work no earlier than the 11th week before the EWC, and you meet the following conditions, you are entitled to 52 weeks’ maternity leave. To comply you must notify the Organisation in writing as soon as possible or by the 15th week before the EWC unless that is not reasonably practicable, of the following:
- that you are pregnant (preferably by submitting a MAT B1 form; - the EWC; - the date on which you intend your ordinary maternity leave to start; and - if requested, provide medical evidence of the EWC.
The Organisation will confirm to you in writing the date upon which your 52 week maternity leave period will end.
You are legally prohibited from working during the two weeks immediately after the birth, four weeks if you are a factory worker; this is known as the ”compulsory maternity leave period” and is considered part of the maternity leave period.
If you give birth before your intended maternity leave start date, your maternity leave will start automatically on the day after the birth of the child.
During the 52 weeks’ maternity leave period all contractual benefits except for your pay will be maintained as if you were not absent. If you wish to return to work before the end of the 52 week period of maternity leave you must give at least 8 weeks’ notice of your intended date of return.
If you decide to return to work early and this is at the end of the first 26 week period known as “ordinary maternity leave” you are entitled to return to the job you were in before your absence. If you return to work either during or at the end of the second period of 26 weeks’ known as “additional maternity leave”, you may be able to return to your original job (or another job which is suitable and appropriate). The above information is given for guidance purposes only and confers no extra rights to you beyond those provided by statute.
PARENTAL LEAVE
You may be entitled to unpaid parental leave as follows if you:
- are a parent of a child born or placed for adoption on or after 15th December 1999.
If you have 1 year’s service with the Organisation you are entitled to up to 13 weeks’ leave for the purpose of caring for a child. This entitlement must be exercised within 5 years of the birth or adoption of the child; in the case of adoption, the entitlement will not apply past the child’s 18th birthday, or
- are the parent of a child entitled to a disability living allowance.
If you have 1 year’s service with the Organisation you are entitled to up to 18 weeks’ leave for the purpose of caring for the child up to the child’s 18th birthday.
Leave must be taken in a minimum of 1 week blocks (except for where a child is disabled then leave may be taken as single days or multiples of 1 day) and is limited to a maximum of 4 weeks in any year for each child. At least 21 days’ notice must be provided and leave may be postponed apart from leave taken immediately after the birth or adoption, depending on the needs of the Organisation.
The above information is given for guidance purposes only and confers no extra rights to you beyond those provided by statute.
PATERNITY LEAVE/PAY
If you are eligible you may be entitled to choose to take either one week or two consecutive weeks' ordinary paternity leave (not odd days) if you:
- have been continuously employed for at least 26 weeks by the 15th week before the Expected Week of Childbirth (EWC) or by the week in which an Approved Adoption Agency matches you with a child; - have given notice of your intention to take the leave in or before the 15th week before the EWC specifying the EWC, length of period you have chosen to take and the date you have chosen the leave to begin; and - take the leave within 56 days after the birth (or the date on which the child is placed for adoption) or if the child is born early, within a period from the actual date of birth up to 56 days after the first day of the expected week of birth.
You will be paid for this leave at the statutory rate or 90% of your average weekly earnings if this is less. However, the Organisation will offer you the opportunity of a maximum of three days paid paternity leave per child, paid at your normal rate of pay inclusive of the statutory paternity pay.
If you meet the qualifying criteria and notice requirements you may also be entitled to take up to 26 continuous weeks’ of Additional Paternity Leave.
Any period of APL which falls within the paid maternity period will qualify for the remainder of the mother’s SMP/SAP/SMA, which will be paid to the father/mother’s partner as additional statutory paternity pay.
The above information is given for guidance purposes only and confers no extra rights to you beyond those provided by statute.
ADOPTION LEAVE/PAY
If you are adopting a child and you meet certain qualifying conditions you have the right to take 52 weeks' adoption leave. Statutory Adoption Pay is payable for up to 39 weeks at the statutory rate or 90% of your average weekly earnings if this is less.
The above information is given for guidance purposes only and confers no extra rights to you beyond those provided by statute.
KEEPING IN TOUCH DAYS
During maternity leave, adoption leave and additional paternity leave the Organisation may offer you the opportunity of taking up to 10 ‘Keeping in Touch Days’. These are days when you may work for the Organisation without bringing your maternity leave, adoption leave or additional paternity leave to an end. Work can be any work under your Contract of Employment and may include any training or activity undertaken with the purpose of keeping in touch in the workplace. Any payment for these days will depend on the type of work, training or activity and will be agreed between you and the Organisation.
For further details please refer to the Human Resources Department.
FAMILY EMERGENCIES
You are entitled to reasonable time off, without pay, for urgent incidents of real need involving a dependant, who is a member of your immediate family or someone who reasonably relies on you for help when they are ill or injured or for making arrangements for them to be cared for in the event of illness or injury.
The entitlement to time off in such circumstances is limited to what is reasonable for you to deal with the immediate problem and sort out any longer term arrangements.
If you are unable to attend work due to unforeseen family circumstances such as the death of a dependant, breakdown of childcare arrangements or illness of a dependant, you may be entitled to reasonable time off work.
Although you are not entitled to payment for this time off, the Organisation may consider payment at its absolute discretion.
FLEXIBLE WORKING
Providing you qualify and have caring responsibilities, you are entitled to request a flexible working arrangement, on a permanent basis, in terms of changes to hours, location and pattern of work, to enable you to care for a child or adult. To make an application you must be an employee with 26 weeks’ service and have not made an application for flexible working during the last 12 months.
To make an application for flexible working you must have parental responsibility for any child who is under the age of 18. You need to be either the mother, father, civil partner, partner or spouse of the child’s mother or father, adopter, guardian, special guardian (as appointed under the Children Act), foster parent or private foster carer and have responsibility for the upbringing of the child. To be entitled to make a request for a contract variation to care for an adult (aged 18 or over) who is in need of care, you must be caring for or expect to care for a spouse, partner, civil partner or relative. If the person does not fall into one of these categories, the adult in need of care has to live at the same address as the carer.
Partner means the other member of a couple, living together as if they were man and wife, or of a same sex couple living together as if they were civil partners.
All requests for flexible working will be seriously considered, but there is no automatic right to be granted a request. The request must be made in writing specifying that it is for this purpose, what flexible pattern you are proposing, detailing how you think any adverse effect on the Organisation can be dealt with and how you meet the eligibility criteria. You should be aware that if the Organisation accepts your proposal, this will normally mean a permanent change to terms and conditions. There is no statutory right to revert to the original working arrangements.
Any such request or further information on the procedure should be made to your immediate line Manager in the first instance. You also have a right of appeal against a decision to refuse your request.
You are also entitled to be accompanied at any meeting or appeal hearing by a companion who must be a fellow worker employed by the same employer.
JURY SERVICE
You are entitled to time off work to fulfil your obligations with regard to Jury Service. In the event of you being summoned to attend for Jury Service, you must notify management immediately on receipt of the Jury Summons, giving details of the dates you are required to attend Court.
You may be requested to apply to the Court for your Jury Service to be either postponed or delayed if it is considered that your absence will cause substantial injury to the business. A failure or refusal to make a request when requested will lead to action being taken under the Disciplinary Procedure, which may include dismissal.
If you are retained on Jury Service for a prolonged period, you have an obligation to notify the Organisation and must keep in regular contact throughout. You must return to normal working immediately following your release from Jury duties.
You are reminded to ensure that an expenses claim is submitted to the Court in accordance with the available allowances for travelling, subsistence and your financial loss.
Although the Organisation is not legally obliged to pay you for this time off, the Organisation will pay the difference between the allowances claimed from the Court and basic earnings for a maximum period of 3 weeks. Any other payments will be at the discretion of the organisation.
PUBLIC DUTIES
You are entitled to reasonable time off during working hours to perform the duties associated with the positions listed below. There is no statutory entitlement to payment for this time off. The public positions which qualify are:
Justices of the Peace; Members of a local authority; Members of a statutory tribunal; Members of a police authority; Members of (in Scotland) a health board or (England and Wales) a health authority or special health authority or a primary care trust; Members of (in Scotland) a school or college council or the governing body of a central institution or a college of education or (England and Wales) the managing or governing body of an educational establishment maintained by a local education authority; Members of (in Scotland) the Scottish Environment Protection Agency or (England and Wales) the Environment Agency; Members of (in Scotland) a Visiting Committee to prisons, remand centres and young offender institutions or (England and Wales) a Board of Visitors; and Members of the Service Authority for the National Criminal Intelligence Service, or the Service Authority for the National Crime Squad. Members of the General Teaching Council for England and Wales. Members of the Scottish Water and sewage authorities and water industry consultative committees. You are not, however, entitled to payment for this time.
Other Absence
APPOINTMENTS
You are normally expected to ensure that appointments to visit the doctor, dentist, hospital, etc. are made in your own time and outside normal working hours. In the event that this is not reasonably practicable, time off work will be permitted to attend such appointments providing that the appointment is substantiated with an appointment card (if requested) and the timing of the appointment causes as little disruption as possible i.e. at the beginning or end of the working day.
You will be paid at your basic rate for the duration of the time off.
BEREAVEMENT LEAVE
In the event of the death or funeral of a relative, civil partner or close friend, you may be granted appropriate time off work and payment at the discretion of the Organisation after careful and sympathetic consideration has been given to the circumstances surrounding each bereavement.
