Parental Rights Policy Contents
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Policy Contents
May 2013 Ref :P OL0045
Page
Overview
1 Summary 2 Further Information 3 Review
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Key Information
1 Policy
1.1 Purpose
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Maternity Policy
1 Ordinary Maternity Leave (OML) 2 Additional Leave Maternity (AML) 3 Giving Notice to start Maternity Leave 4 The Right to Return to Work after the Maternity Leave 5 Maternity Pay 6 Time off for Ante-Natal Care 7 Protection of New and Expectant Mothers 8 General Issues Maternity Calendar
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3 4 5 6 6 7 9 Paternity Policy
1 Paternity 2 Date of Birth 3 Qualification for Leave 4 Duration of Leave 5 Timing of Leave 6 Notification 7 Paternity Pay 8 Keeping in Touch 9 General Issues Paternity Calendar
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14 Adoption Policy
1 Adoption Leave 2 Qualification for Leave 3 Duration of Leave 4 Timing of Leave 5 Notification 6 Adoption Pay 7 Additional Adoption Leave (AAL) 8 Pensions Contributions 9 General Issues Adoption Calendar
This document is available in large print or in an alternative format that meets your needs. Please contact the HR Manager.
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Policy Contents
May 2013 Ref :P OL0045
Parental Leave Policy
1 Parental Leave 2 Qualification for Leave 3 Duration of Leave 4 Timing of the Leave 5 Notification 6 Parental Leave Pay 7 Pensions Contributions 8 Returning to Work 9 General Issues
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Emergency Leave for Care of Dependants
1 Emergency Leave for Care of Dependants 2 Emergency care of dependants includes: 3 Who is a Dependant? 4 Duration of Leave 5 Notification of Leave 6 Emergency leave Pay 7 General Issues
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Appendices
Appendix 1 - Notification of Anticipated Absence Due to pregnancy and Application for Maternity Pay Appendix 2 - Confirmation of OML Return to Work Date
Appendix 3 - Notification of Birth Form Appendix 4 - Notification of Proposed Date of Early Return to Work From Maternity Leave
Appendix 5 - Notification of Absence for Paternity Leave Appendix 6 - Notification of Absence for Adoption Leave
Appendix 7 - Notification of Absence for Parental Leave 21
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Policy Overview
May 2013 P age - 1 - Ref :P OL0045
1 Summary
This document outlines the rights and eligibility of staff for leave and payments in relation to Maternity, Paternity and Adoption, and contains documentation to apply for these.
2 Impact on Students
This policy ensures that staff are able to take the legal entitlement to parental leave and return to the work place appropriately to deliver the curriculum in a manner which allows for work life balance and keeping updated on all workplace/curriculum changes. This ensures staff can concentrate fully on providing an enhanced learning experience.
Further Information
Deputy Principal
Union Representative
Review
This document will be reviewed annually, in line with any legislative changes by the Deputy Principal.
Policy Key Information
May 2013 P age - 2 - Ref :P OL0045
1 Policy
Purpose
To ensure that the College adheres to current legislation, and recommendations by the AoC regarding leave and payments relating to Maternity, Paternity and Adoption.
Policy Maternity Policy
May 2013 P age - 3 - Ref :P OL0045
Maternity Policy 1 Ordinary Maternity Leave (OML)
1.1 All employees, regardless of length of service and number of hours worked, have the right to a statutory minimum of 26 weeks' maternity leave. The maternity leave period must include the 2 weeks immediately after childbirth. This is known as the compulsory maternity leave period.
Additional Leave Maternity (AML)
2.1 All employees have the right to take additional maternity leave (AML) of up to 26 weeks, (making a total of up to one year) starting immediately after ordinary maternity leave.
Giving Notice to start Maternity Leave
3.1 An employee who wishes to take ordinary maternity leave or (Additional Maternity Leave) AML, must give the college notice by the 15th week before the EWC, of the following: (see Appendix 1)
(a) that she is pregnant; (b) if requested, she should produce a certificate from a GP or registered midwife (form MATBI);
(c) the expected week of childbirth; (d the date on which she wishes to start her maternity leave;
(e) if the woman wishes to claim contractual maternity pay, she should also confirm that she intends to return to work at the end of the maternity leave period.
3.2 If it is not reasonably practicable for the woman to give this notice by the 15th week, then she must provide the information as soon as reasonably practicable.
3.3
Once the college is in receipt of this information it will write to the woman within 28 days, setting out the date on which she is expected to return to work, if she takes her full entitlement to maternity leave. (see Appendix 2)
3.4 The employee may decide when she wishes to start her maternity leave, and she may start at any time after the beginning of the 11th week before the week in which childbirth is expected.
3.5
The employee may change her mind about when she wants to start her leave providing she writes to the College in advance of the intended leave. If it is not reasonably practicable to give such notice of change of intention, the woman must provide the information as soon as reasonably practicable.
3.6 If an employee is absent from work with a pregnancy-related illness during the four weeks before the start of the EWC, her maternity leave will start automatically.
3.7
Where childbirth occurs before the notified leave date or before she has notified such a date, she should notify the college that she has given birth as soon as is reasonably practicable after the birth. (see Appendix 3)
Policy Maternity Policy
May 2013 P age - 4 - Ref :P OL0045
4 The Right to Return to Work after the Maternity Leave
4.1 A woman who wishes to return to work (see Appendix 4) at the end of 26 weeks ordinary maternity leave period, is entitled to return to the same job that she left. She does not have to give the college any notice of her return, unless she wishes to return to work before the end of the 26 weeks, in which case 8 weeks notice is required. The employee's notice does not have to be in writing so if notice is given orally, the college should make a note of this. If the employee attempts to return to work earlier, without having given the 8 weeks notice, the college is entitled to postpone her return but not beyond the end of the ordinary maternity leave period. Additional Maternity Leave 4.2 (a) A woman who wishes to return to work following AML, has the right to return at any time up until the end of the 26 weeks following the end of the ordinary leave period. She has the right to return to the same job, with the same terms and conditions if this is reasonably practicable. However, if this is not reasonably practicable, she has the right to be offered an alternative job that is suitable and appropriate. The employee shall not be obliged to give any notice of her intention to return.
(b) If the woman wishes to return to work before the end of AML she must give the college at least 8 weeks notice of the day on which she wishes to return to work. This notice does not have to be in writing so if notice is given orally, the college should make a note of this. If the employee attempts to return to work earlier, without having given the 8 weeks notice, the college is entitled to postpone her return but not beyond the end of the additional leave period.
(c) A woman who is unable to return to work at the end of her maternity leave due to illness, will be subject to the normal sick leave and pay policy, and will receive sick pay according to her contract.
4.3 If the employee's job becomes redundant during the course of her maternity leave, the college will offer her any other suitable alternative work that becomes available. She will have the right to be considered for such work, even though she is on maternity leave. The offer will be made before her previous employment ends and the new employment will commence immediately. It must involve suitable work and the terms and conditions will not be less favourable than the old contract. If there is no work available, then she will be made redundant, and receive redundancy pay in line with her statutory and contractual entitlements.
4.4 If industrial action or any other interruption of work makes it unreasonable for the employee to return to work on the date which she has specified, she may, instead, return when work resumes.
4.5
If a woman returning from maternity leave wishes to return on a part-time basis, the college will give consideration to any such request under the Flexible Working Policy. Returning to work on a part-time basis can be:
either a phased return, or return to a reduced working day; or
Such arrangements could be either:
a permanent reduction. It could also be for a set period of time, leading to a return to full hours. Such arrangements will be on a fractional basis.
concerned.
Policy Maternity Policy
May 2013 P age - 5 - Ref :P OL0045
5 Maternity Pay Statutory Maternity Pay
5.1 A woman will be eligible to receive statutory maternity pay (SMP) if she satisfies the following criteria: (a) she must have completed 26 weeks' continuous service at the 15th week before the expected week of childbirth; and
(b) she must be earning an amount equivalent to at least the lower earnings limit for National Insurance contributions; and
(c) she must still be pregnant at the 11th week before the expected week of childbirth; and (d) she must have stopped work wholly or partly because of her pregnancy, or her confinement.
5.2
She will receive the following: - the first 4 weeks will be at full pay
- the next 2 weeks of leave will be paid at nine tenths of a weeks pay -
the next 12 weeks will be paid at the current SMP rate plus if she has declared her intention to return to work, half pay (subject to not exceeding full pay)
should the employee decide not to return to work following maternity leave (or not work for three months) then the contractual maternity pay must be repaid to the College.
the remaining 21 weeks will be paid at the current SMP rate (or 90% of average weekly earnings - whichever is the lower). If she fails to return to work for a period of at least 3 months, the Corporation will require the half pay but not the SMP to be repaid
5.3
Not all employees will be eligible for SMP, in which case they should apply to the Benefits Agency, to see whether they may be entitled to maternity allowance. An application form will be provided by the college.
5.4 Any additional maternity leave, beyond the 39-week period, shall be unpaid.
5.5
A woman in receipt of remuneration, whether salary, or SMP, or both, will be treated as though they are working normally for the purposes of access to occupational pension scheme membership and benefits. The college will pay the normal contribution towards the pension scheme for the period of ordinary maternity leave. The employee is only required to pay contributions on the amount of actual remuneration, or SMP she is in receipt of.
5.6 Employees who wish to continue contributions during this period of unpaid maternity leave, should contact the pension authority to obtain the appropriate advice on how to do so.
5.7 If the baby is born early but after the employee has started to receive SMP, SMP will continue to be paid. If the employee has not yet started to receive SMP, it will be triggered. For the purpose of calculating the return to work, calculate from the actual week of birth.
Policy Maternity Policy
May 2013 P age - 6 - Ref :P OL0045
Late Births
5.8 If the baby is born after the EWC, SMP is not affected. For the purpose of calculating the return to work date, calculate from the actual week of birth. This is particularly important when calculating the AML period, which can be up to 26 weeks from the actual week of birth.
5.9
In the unfortunate event of a stillbirth, the employee continues to be entitled to SMP, if the child is born after the 24th week of pregnancy. She will also be entitled to the maternity leave period. In the event of a miscarriage during or before the 24th week of pregnancy, provisions and regulations of the sick pay scheme will apply.
5.10 An employee will lose her right to receive SMP if: (a) She goes abroad outside of the European Community.
(b) She is taken into legal custody. (c) She starts work for another employer.
(d) She returns to work. 6 Time Off for Ante-Natal Care
6.1 A pregnant employee is entitled to take paid time off for antenatal care appointments. Evidence of appointments must be provided to the line manager upon request.
6.2
Reasonable requests for time off for parent classes should be considered by the employer.
Protection of New and Expectant Mothers
7.1 The college is committed to creating and maintaining a healthy and safe working environment. This is particularly important in relation to the safety of new and expectant mothers. As part of normal Health and safety practices the college will risk assess work areas. In addition the college will undertake the following in order to create a healthy workplace for new and expectant mothers:
7.2
Work areas will be risk assessed to take account of particular risks to new and expectant mothers. This will be carried out as soon as possible after notification of pregnancy.
7.3
Employees will have the right to transfer from hazardous work areas, or hazardous work, without loss of pay or status, to suitable alternative work and/ or alter hours / work conditions if suitable actions can not be identified to avoid an assessed risk.
7.4 An employee may be temporarily suspended, on full contractual pay, from the site in order to maintain an appropriate level of safety if suitable temporary alternative employment can not be found, and/or the expectant mother is a night worker who has a medical certificate which recommends restricting her work schedule/times.
7.5
Health and Safety management will be undertaken in accordance with The Workplace (Health, Safety and Welfare) Regulations 1992.
Policy Maternity Policy
May 2013 P age - 7 - Ref :P OL0045
8 General Issues
8.1 Maternity leave is not sick leave, and will not be taken into account when calculating any period of sick leave entitlement.
Employees on maternity leave, retain their entitlement to statutory annual leave during both OML and AML. However, eg if on maternity leave for 52 weeks entitlement
= 1 year x 24 days (statutory leave) 6 months x contractual difference
Teachers on 35 days holiday 24 days
24
or 6 months 12 days statutory 7½ diff 6 months diff 5½ 6 months 17½ statutory 29½ days 29½ days
8.2 During the 26 weeks ordinary maternity leave period, the contract continues to run and the employee continues to accrue annual leave. Any salary increases awarded to other staff will also apply.
8.3 Any employee who is unable to return to work at the end of their maternity leave period due to illness, will be treated as if they were on sick leave, and will therefore be entitled to sick pay.
8.4
Periods of maternity leave and maternity absence are regarded as continuous service for the purpose of calculating entitlements to employment benefits.
8.5
If in the early months of pregnancy, an employee is advised by an approved medical practitioner to absent herself from work because of the risk of rubella, she will be entitled to leave with full pay.
8.6
Women are protected from unfair treatment due to pregnancy, childbirth or taking maternity leave.
8.7 This scheme will be reviewed on a regular basis in accordance with legislative developments and the need for good practice within the Corporation.
8.8
Returning to Work after Maternity Leave
An employee due to return to work after a period of maternity leave (over 8 weeks) should be handled under the Return to Work After Long Term Absence Policy.
This policy is a support mechanism to ensure a smooth and comfortable return to the workplace with
mentor
structured return (if required)
targets and focus points.
Policy Maternity Policy
May 2013 P age - 8 - Ref :P OL0045
8.9 Keeping In Touch Days
It is acceptable for the College and the employee to remain in reasonable touch during the absence period. This might include:
Notification of any changes
Copies of the Grapevine
Opportunities to attend training events.
The employee can with the Colleges agreement work up to 10 days during the maternity leave period. The employee will be paid at their normal rate of pay for the days worked/trained (less any SMP due).
It is not obligatory for the employee to work “Keeping in Touch”.
May 2013 P age - 9 - Ref :P OL0045
Policy Paternity Policy
May 2013 P age - 10 - Ref :P OL0045
Paternity Rights - with effect from 3 April 2011
Paternity
1.1 Paternity leave and paternity pay are available to all employees who are the father of a new born child, or a spouse or partner of the mother or of the adoptive parent or foster carers who go on to be the adoptive parent of a child which they have previously fostered. However, where a child is not placed for adoption but fostered and later adopted this leave does not apply.
Qualification for Leave
3.1 To be eligible for ordinary paternity leave, the employee needs to meet the following criteria
(i) have worked continuously for the College for a minimum of 26 weeks by the 15th week before the expected week of confinement (EWC)
(ii) is the biological father of the child or the mother’s husband or partner or in the case of adoption - the adopter’s husband, wife or partner
(iii) Have or expect to have responsibility for the child's upbringing (iv) Give the College a self cert to support the entitlement to paternity leave
3.2
An employee cannot take both adoption leave and paternity leave for the same child. One parent would take adoption leave and one paternity leave.
3.3
If the baby is due on or after 3 April 2011 or you are notified of having been matched for adoption on or after 3 April 2011, you are entitled to additional paternity leave (APL) if, in addition to the conditions above:
(a) You remain employed by us until the week before the first week of your APL; (b) The child's mother or your co-adopter, as the case may be, has been entitled to statutory leave: (i) in birth cases, the child's mother has been entitled to maternity leave, statutory maternity pay or maternity allowance in respect of her pregnancy, or (ii)
in adoption cases, the child's adopter has been entitled to one or both of adoption leave or statutory adoption pay in respect of the child's adoption; and
(c) The child's mother or your co-adopter, as the case may be, had returned to work.
Duration of Leave
4.1 An employee can take up to two weeks ordinary paternity leave
4.2 Paternity leave can be taken either as one week or two consecutive weeks leave. It cannot be taken as two separate weeks, but should be taken as one single period. This is irrespective of the number of children born (ie twins, triplets)
4.3 APL must be taken as multiples of complete weeks and as one period. The minimum amount of APL that can be taken is two weeks and the maximum is 26 weeks.
Policy Paternity Policy
May 2013 P age - 11 - Ref :P OL0045
5 Timing of Leave
5.1 Paternity leave can start from the date of the child's birth (or placement for adoption)
5.2 Leave can be taken at a chosen date after the child's birth but must be completed within 56 days (8 weeks) of the actual date of birth
5.3
If the child is born early, the leave can be taken from the actual date of birth and up to 56 days from the EWC
5.4
APL must be taken in the period beginning 20 weeks after the child's date of birth, or adoption placement, and ending 12 months after that date of birth or adoption.
Notification
6.1 Employees intending to take ordinary paternity leave must notify the College of this intention by the 15th week before the EWC.
6.2
If it is not practicable to inform the College of the intention to take leave as 6.1, notice should be given as soon as practicable, and include a written explanation for the delay.
6.3
The employee should also inform the College of
(i) The EWC (ii) Whether the leave is intended to be one week or two weeks duration
(iii) The date the leave is expected to start. 6.4
The employee can change the date on which they intend to start their leave by giving 28 days notice (where practicable) ending at the original start date or new start day whichever is earlier.
6.5
The employee is not required to give a return to work date.
6.6 If you wish to take APL in relation to a child's birth, you must provide us with the following at least eight weeks before the date on which you would like to start your leave:
(a) A written "leave notice" stating: (i)
the Expected Week of Childbirth; (ii)
the child's date of birth; and (iii)
the dates on which you would like your APL to start and finish.
(b) A signed "employee declaration" confirming that: (i)
you are either the child's father or that you are the spouse, Partner or civil partner of the child's mother; (ii) apart from the child's mother, you have or expect to have the main responsibility for the upbringing of the child; and (iii)
you wish to take APL in order to care for the child.
Policy Paternity Policy
May 2013 P age - 12 - Ref :P OL0045
(c) A written "mother declaration" from the child's mother stating: (i)
her name, address and National Insurance number; (ii)
the date she intends to return to work; (iii)
your relationship with the child; (iv)
that, to her knowledge, you are the only person exercising an entitlement to APL in respect of the child; and (v) that she consents to us processing the information she has provided.
A combined leave notice and employee declaration form and a mother declaration form are available from Human Resources
6.7 We will write to you to confirm the start and finish dates of your APL within 28 days of receiving your leave notice, your employee declaration and the child's mother's declaration.
6.8
We may require you to provide a copy of the child's birth certificate and the name and address of the mother's employer or, if she is self-employed, her business address.
7 Paternity Pay
7.1 To be eligible for Paternity Pay, the employee must satisfy the qualifications in 3.1, plus have earnings equal to or above the lower earnings limit applying to the National Insurance Contributions (NIC).
7.2
The employee will receive
(i) one week at full pay (ii) one further week at SPP
7.3
An employee who does not qualify for SPP may be eligible for income support.
7.4 If you take APL in accordance with this policy, you may be entitled to additional statutory paternity pay (ASPP). Whether and, if so, for how long you may be entitled to ASPP will depend on:
(a)
Your average weekly earnings being not less than the lower earnings limit set by the government during the Relevant Period; and
(b)
The child's mother or your co-adopter, as the case may be, having returned to work without having taken at least two weeks of their maternity allowance, maternity pay or adoption pay period. Your entitlement to ASPP will equate to the number of weeks of unexpired maternity allowance, maternity pay or adoption pay that remained when the child's mother or your co- adopter returned to work.
Policy Paternity Policy
May 2013 P age - 13 - Ref :P OL0045
8 Keeping in touch during APL
8.1 We may make reasonable contact with you from time to time during your APL.
8.2 You may work (including attending training) for up to ten days during APL without bringing your paternity leave or your ASPP to an end. You are not obliged to undertake any such work during paternity leave.
8.3
Shortly before you are due to return to work, we may invite you to have a discussion (whether in person or by telephone) about the arrangements on your return. This may cover:
(a)
Updating you on any changes that have occurred during your absence; (b)
Any training needs you might have; and (c)
Any changes to working arrangements (for example, that you may have requested come into effect on your return). 9. General Issues
9.1 Paternity pay is not sick leave and will not be taken account when calculating any period of sick leave entitlement
9.2
Periods of paternity leave are regarded as continuous service
9.3 This scheme will be reviewed on a regular basis in accordance with legislative developments and the need for good practice within the corporation.
May 2013 P age - 14 - Ref :P OL0045
Policy Adoption Policy
May 2013 P age - 15 - Ref :P OL0045
Adoption Policy
Adoption Leave
Adoption leave is available to all employees who are adopting a child under 18 years of age who is newly placed within the previous 6 months and foster carers who go on to be the adopters of a child which they have fostered. However, when a child is not placed for adoption, but fostered and later adopted – the parent does not qualify for this leave.
Qualification for Leave
2.1 Adoption leave and pay is available for a single person or one partner of a couple who adopt
2.2 To be eligible for adoption leave the employee needs to meet the following criteria:-
(i) have been continuously employed by the college for a minimum of 25 weeks by the week on which notification of adoption is given
(ii) to have been notified by an adoption agency that they have been matched with a child for adoption (iii) give the College appropriate notice
(iv) provide a Matching Certificate to support the entitlement to adoption leave. 3 Duration of Leave
3.1 The adopter is eligible to a maximum of 26 weeks Ordinary Adoption Leave (OAL)
3.2 Following the 26 weeks OAL, the adopter is entitled to up to 26 weeks Additional Adoption Leave (AAL) giving a total of 52 weeks leave maximum.
4.1 the adoption leave can begin either
(i) from the date of placement (ii) from a fixed date up to 14 days before the expected date of placement
4.2
Only one period of leave is available per placement regardless of the number of children placed.
4.3 If the adoption does not complete for any reason (mismatch, death of child, etc) the adopter is entitled to up to 8 weeks leave after the end of the placement.
5.1 Employees intending to take adoption leave must inform the college of this intention within 7 days of being notified. (see Appendix 6)
5.2
If it is not reasonably practicable to inform the College of the intention to take leave as 5.1, notice should be given as soon as is reasonably practicable
5.3
The employee should also inform the college of
(i) the date when the child is expected to be placed with them (ii) the date when the leave is requested to start
Policy Adoption Policy
May 2013 P age - 16 - Ref :P OL0045
5.4 The employee can change the date on which they intend to start their leave by giving 8 weeks notice in advance (where practicable) or as soon as is practicable with a written explanation for the delay.
5.5 The college will respond within 28 days of your notification, giving the return to work date, this is called the Expected Return Date.
5.6
A copy of the Matching Certificate from the agency must be provided to the College.
Adoption Pay
6.1 To be eligible for adoption pay, the employee must satisfy the qualification in 2.2 plus have earnings equal to or above the lower earnings limit applying to National Insurance Contributions.
6.2
The employee will receive the following
39 weeks or 90% of earnings whichever is the lower. Not all employees will be eligible for SAP, in which case they should apply to the Benefits Agency to see whether they are entitled to further allowances.
Additional Adoption Leave (AAL)
7.1 Any additional adoption leave beyond the 39 weeks shall be unpaid.
Pensions Contributions
8.1 An employee in receipt of remuneration being SAP, will be treated as though they are working normally for purposes of access to occupational pension scheme membership and benefit. The college will pay the normal contribution towards the pension scheme for the period of OAL. The employee is only required to pay contributions on the amount of the actual OAL.
8.2
Employees who wish to continue contributions during a period of unpaid AAL should contact the pensions authority to obtain the appropriate advice on how to do so.
9.1 Adoption leave is not sick leave and will not be taken into account when calculating any period of sick leave entitlement.
9.2
During the 26 weeks of OAL the contract continues to run and the employee continues to accrue annual leave. Any salary increases awarded to other staff will also apply.
9.3
Any employee unable to return to work after their adoption leave due to illness will be treated as if they were on sick leave and will therefore be entitled to sick pay.
9.4
Periods of adoption leave are regarded as continuous service for the purpose of calculation entitlements to employment benefits.
9.5
This scheme will be received on a regular basis in accordance with legislative developments and the need for good practice within the Corporation.
9.6
A member of staff returning to work after adoption leave should be handled under the Return to Work After Long Term Absence policy.
May 2013 P age - 17 - Ref :P OL0045
Policy Parental Leave Policy
May 2013 P age - 18 - Ref :P OL0045
Parental Leave
Parental Leave
Parental Leave was introduced to give parents of children born or adopted after 15 December 1999 the right to take a period of time off work to look after or make arrangements for the child.
Qualifications for Leave
2.1 to be eligible for parental leave, the employee needs to meet the following criteria.
(i) to have completed one year's service with the College by the date they wish the leave to commence. (ii) have a baby (Mother or Father) or adopt a child after 15 December 1999.
(iii) becomes a special guardian for a child when a court makes a special guardianship order (SGO). 3 Duration of Leave
3.1 The employee is entitled to 13 weeks leave for EACH child increasing to 18 weeks from 8 March 2013.
3.2 Parents of a disabled child are entitled to 18 weeks leave.
3.3 The leave can be taken in short or long blocks (minimum of 1 week) in consultation and agreement with the College. Parents of a disabled child can take the leave in blocks of one day if necessary.
4.1 Parents of children born on or after 15 December 1999 can take the leave up to the child's 5th Birthday.
4.2 Parents of a child placed on or after 15 December 1999 can take the leave during the five years after the child is placed (or until the child's 18 Birthday if sooner).
4.3
If the child is disabled and born on or after 15 December 1981, the leave can be taken up until the child's 18 Birthday. (Disabled in receipt of Disability Living Allowance.)
5.1 Employees intending to take parental leave must inform the College of this intention at least 21 days before they wish the leave to commence, wherever practicable. If it is not practicable, then as soon as is practicable.(see Appendix 7)
5.2 The College can postpone the leave for up to 6 months if it would severely disrupt the College work at the dates indicated by the employee.
5.3
The College cannot postpone the leave if the employee gives notice to take it immediately following the birth or adoption placement.
Policy Parental Leave Policy
May 2013 P age - 19 - Ref :P OL0045
6 Parental Leave Pay
6.1 Parental leave is unpaid.
Pensions Contributions
7.1 Employees who wish to continue to make contribution during a period of unpaid leave should contract the pensions.
Returning to Work
8.1 An employee returning after a period of four weeks or less leave is entitled to return to the original job on their job description and under the original contractual terms.
8.2
Any pay awards or increments will be credited in the usual way.
8.3 An employee returning from Parental leave in excess of four weeks or directly at the end of maternity leave will return to the original post whenever that is reasonably practicable.
9.1 Employees are guaranteed the right to return to the same job at the end of their parental leave, if the leave period was for four weeks or less.
9.2
If the parental leave was for a longer period, employees are entitled to return to a similar job which has the same or better status as the original job, and the same terms and conditions.
9.3
Parental leave is not sick leave and will not be taken into account when calculating any period of sick leave entitlement.
9.4
Holidays are not accrued during a period of unpaid leave.
9.5 Periods of parental leave are regarded as continuous service for the purpose of calculating entitlements to other benefits.
9.6
This scheme will be reviewed on a regular basis in accordance with legislative developments and the need for good practice with the corporation.
9.7
The College will ask for evidence of entitlement to Parental leave which may include:
(i) evidence of employee’s responsibility for the child, which could include child birth certificate, parental responsibility order, adoption order.
(ii) details of any parental leave taken with another employer.
(iii) the child’s entitlement to disability living allowance. 9.8
The College will make regular contact with the employee on leave, which may include:
(i) sending copies of the College newsletter (Grapevine) and any other relevant information. (ii) sending by the line manager, minutes/agendas from any meetings
(iii) sending training information (iv) inclusion in social events
(v) updating on any relevant developments within the workplace.
Policy Emergency Leave for Care of Dependants
May 2013 P age - 20 - Ref :P OL0045
Emergency Leave for Care of Dependants
Emergency Leave for Care of Dependants
All employees may take a reasonable period of paid/unpaid leave to deal with an emergency
involving a dependant or a domestic crisis. This is not expected to be more than half a day or one day. 2 Emergency care of dependants includes:
(i) If a dependant falls ill or has an accident, or is assaulted and is physically hurt or distressed. (ii) To make longer term care for a dependant who is ill or injured.
(iii) To deal with the breakdown in care arrangement for a dependant. (iv) To deal with an incident involving the employee's child during school hours. NB Emergency leave does not include staying at home with an ill relative. This should be arranged with the Line Manager through holiday, toil or unpaid.
3.1 A dependant is the partner, child or parent of the employee or someone who lives with the employee as part of the family or depends on them for support should they become ill.
4.1 The emergency leave should be half day or one day maximum and is focused on dealing with the crisis rather than ongoing care.
5.1
The employee who needs to take emergency leave should notify the line manager / and / or Personnel as soon as is reasonably practicable.
5.2
On return to work, the employee should report to Personnel to complete the absence authorisation if it was not completed before leaving.
6.1 The emergency leave will be paid at the normal rate of pay.
General Issues
7.1 Employees can request emergency leave in situations which do not involve a dependant but which do involve a domestic crisis.
7.2
Examples of such non-dependant crisis would include:
(i) Vehicle Theft (ii) Vehicle Accident
(iii) Burglary (iv) Emergency repairs which arise from fire; flooding etc.
A non-dependant crisis would attract a maximum of 1 day's pay in most circumstances. Where possible staff should arrange to deal with situations through holidays and toil.
7.4
The employee should notify the Line Manager or Personnel before they leave the College.
7.5 On return to work the employee should report to Personnel to complete the absence authorisation if it was not completed before leaving. May 2013 P age - 21 - Ref :P OL0045
NOTIFICATION OF ANTICIPATED ABSENCE DUE TO PREGNANCY AND APPLICATION FOR MATERNITY PAY
1. Ensure that you obtain and understand the College’s pack called “Your Maternity Rights”
2.
Complete this form and send it to the Personnel Office at least 15 weeks before your EWC (Baby is due); your rights may be affected if you do not comply with this.
3.
Attach the original of your maternity certificate (form MAT.B1) which will be issued by your doctor or midwife.
Name
Post
Home address
Payroll number
Date of appointment to North Lindsey College
Full-time or part-time
Part-time normal weekly hours of work
Expected date of confinement
Date you wish to start maternity leave
Do you intend to take Additional Maternity Leave (if eligible)?
YES/NO
Do you wish to continue paying into the Pension Scheme?
YES/NO
Do you intend to return to work for at least 3 months after the birth of your child? YES/NO
I claim my maternity pay. I agree to pay back any contractual maternity pay paid to me if I do not return to work for at least 3 months after the birth of my child.
Signed:
Date:
FOR PERSONNEL SECTION USE ONLY All details confirmed Copy of form to payroll MAT.B1 to payroll Copy of form to superannuation section Entitlement to Additional Maternity Leave
YES/NO Expected Return to work date after Ordinary Maternity Leave
Expected Return to work date if eligible to Additional Maternity Leave
Superannuation Payments
Signed:
Date:
May 2013 P age - 22 - Ref :P OL0045
Appendix 2
Our ref: JEK/MAT1/PHB
Direct Dial Telephone: (01724) 294022 Email: personnel@northlindsey.ac.uk
DATE Dear
Thank you for notifying us of your pregnancy. I would like to confirm with you that you intend to start your maternity leave on means your return to work date after your Ordinary Maternity Leave will be
Your entitlement to paid maternity leave (39 weeks) ends on Your return to work date following Additional Maternity Leave would be
If you have any queries regarding your maternity leave, please do not hesitate to pop into Personnel or call on extension 4022 and we will be pleased to help.
Yours sincerely
May 2013 P age - 23 - Ref :P OL0045
Appendix 3 PERSONNEL DEPARTMENT Kingsway, Scunthorpe, North Lincolnshire DN17 1AJ Tel: 01724 294021 Fax: 01724 294023 E-Mail: personnel@northlindey.ac.uk
NOTIFICATION OF BIRTH FORM
Name: Address:
Payroll Reference Number:
I am pleased to announce the birth of my baby, who was born on:
(date) My baby’s name is:
Signed:
Date:
May 2013 P age - 24 - Ref :P OL0045
NOTIFICATION OF PROPOSED DATE OF RETURN TO WORK FROM MATERNITY LEAVE
1.
Please return this form to the Personnel Office 8 weeks before your proposed date of return. If you want to return before the end of your 26 week Ordinary Maternity leave or Additional 26 weeks Leave.
2. If you give less than 8 weeks notice the College may make you delay your return until someone covering your post works out their notice.
3. Read the College’s statement of Maternity Rights to ensure you give notice in time. Failure to do so may lose you your right to return.
NAME:
ADDRESS:
End date of 26 weeks leave
PROPOSED DATE OF RETURN TO WORK:
IF YOU HAVE OBTAINED OTHER EMPLOYMENT OR HAVE DECIDED NOT TO RETURN TO NORTH LINDSEY COLLEGE, PLEASE GIVE DETAILS:
Signed:
Date:
May 2013 P age - 25 - Ref :P OL0045
NOTIFICATION OF ABSENCE FOR PATERNITY LEAVE
1. Ensure that you obtain and understand the Parental Rights Policy – Paternity Leave.
2.
Complete this form and send it to Personnel at least 15 weeks before the Expected Week of Confinement (baby due).
3.
Copy of the Mothers MatB1 should be attached (this can be a photocopy)
Please complete the following: Name
Post
Payroll Number
Date of Appointment to NLC
Full or Part-time
Normal weekly hours of work Expected week of confinement
Do you intend to take 1 week
2 weeks
Signed Date
All details confirmed
Copy of form to Payroll Signed
Dated
May 2013 P age - 26 - Ref :P OL0045
NOTIFICATION OF ABSENCE FOR ADOPTION LEAVE
1. Ensure that you obtain and understand the Parental Rights Policy – Paternity Leave.
2.
Complete this form and send it to Personnel within 7 days of being notified of a placement (or as soon as is reasonably practicable).
3. Please attach a copy of the Matching Certificate.
Please complete the following: Name
Post
Payroll Number
Date of Appointment to NLC
Full or Part-time
Part-time normal weekly hours of work
Expected placement date
Date you wish to start Adoption Leave Do you intend to take Additional Adoption Leave (if eligible) Yes No
Do you intend to return to work for at least 3 months after the Adoption placement Yes No
Signed
Date
For Personnel Use Only All details confirmed
Matching certificate to Payroll
Copy of form to Superan Section Superan payments
Entitlement to Additional Adoption Leave Yes No
Expected return to work date after OAL
Signed Dated
May 2013 P age - 27 - Ref :P OL0045
NOTIFICATION OF ABSENCE FOR PARENTAL LEAVE
1. Ensure that you obtain and understand the Parental Leave Policy
2.
Complete this form and send it to Personnel at least 21 days before you wish the leave to commence.
3. A copy of the birth certificate/Adoption certificate should be attached (this can be a photocopy)
Please complete the following: Name
Post
Payroll Number
Date of Appointment to NLC
Full or Part-time
Normal weekly hours of work Date you wish to start Parental Leave
Length of Parental Leave
wk/wks Including this absence Total Parental Leave to date
Date
For Personnel Use Only All details confirmed
Signed
Dated
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