Family friendly policies version 2 3 by Dan Merchant

Dorset London West Ltd trading as

DoubleTree by Hilton London Ealing FAMILY FRIENDLY POLICIES Version 2.3 June 2015

Contents 1

Introduction .............................................................................................................. 6

Maternity Policy ....................................................................................................... 7 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16

Adoption Leave Policy ............................................................................................ 14 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14

Notification of pregnancy ................................................................................. 7 Time off for ante-natal care .............................................................................. 8 Time off to attend ante-natal appointments for fathers-to-be ....................... 8 Health and safety .............................................................................................. 8 Sickness absence ............................................................................................... 9 Maternity leave ................................................................................................. 9 Ordinary maternity leave .................................................................................. 9 Additional maternity leave ............................................................................. 10 Holidays........................................................................................................... 10 Statutory Maternity Pay ................................................................................. 10 Contact during maternity leave ...................................................................... 11 Keeping in Touch (KIT) days ............................................................................ 11 Returning to work ........................................................................................... 12 Shared parental leave ..................................................................................... 12 Additional paternity leave .............................................................................. 12 Your rights on return to work ......................................................................... 13 Notification of adoption leave ........................................................................ 14 Adoption leave ................................................................................................ 15 Ordinary adoption leave ................................................................................. 15 Additional adoption leave............................................................................... 15 Holidays........................................................................................................... 15 Statutory Adoption Pay................................................................................... 16 Contact during adoption leave ....................................................................... 16 Keeping in touch days ..................................................................................... 16 Returning to work ........................................................................................... 17 Shared parental leave ..................................................................................... 17 Additional paternity leave .............................................................................. 17 Your rights on return to work ......................................................................... 18 Adoptions from overseas ................................................................................ 18 Time off to attend adoption appointments .................................................... 18

Parental Leave Policy ............................................................................................. 20 4.1 4.2 4.3 4.4 4.5 4.6

Entitlement to parental leave ......................................................................... 20 When parental leave may be taken ................................................................ 20 Taking time off for parental leave .................................................................. 20 Procedure for notifying a request to take parental leave .............................. 21 Periods of parental leave with previous employers ....................................... 21 Postponement of parental leave .................................................................... 21

4.7 4.8 4.9 5

Paternity Leave Policy ............................................................................................ 23 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15

Entitlement to shared parental leave ............................................................. 31 Length of shared parental leave ..................................................................... 32 Ending maternity or adoption leave early ...................................................... 32 Opting in to shared parental leave.................................................................. 33 Evidence of entitlement .................................................................................. 34 Notifying your shared parental leave dates .................................................... 35 Varying or cancelling your shared parental leave dates ................................. 36 Statutory shared parental pay ........................................................................ 36 Other terms during shared parental leave...................................................... 36 Contact during shared parental leave ............................................................. 37 Shared parental leave in touch days ............................................................... 37 Returning to work ........................................................................................... 37 Your rights on return to work ......................................................................... 38

Time off for Dependants Policy.............................................................................. 39 7.1 7.2 7.3 7.4

Entitlement to ordinary paternity leave ......................................................... 23 Notification of paternity leave ........................................................................ 23 Paternity leave ................................................................................................ 24 Statutory Paternity Pay (SPP) .......................................................................... 24 Your rights on return to work ......................................................................... 25 Additional paternity leave ............................................................................... 25 Entitlement to additional paternity leave ....................................................... 25 Notification of additional paternity leave ....................................................... 27 Additional paternity leave ............................................................................... 27 Additional Statutory Paternity Pay (ASPP) ...................................................... 28 Contact during additional paternity leave ...................................................... 29 Keeping in touch days ..................................................................................... 29 Returning to work after additional paternity leave ........................................ 30 Your rights on return to work ......................................................................... 30 Adoptions from overseas ................................................................................ 30

Shared Parental Leave and Pay Policy ................................................................... 31 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13

Rights during parental leave ........................................................................... 22 Right to return to work after parental leave ................................................... 22 Claiming parental leave dishonestly ............................................................... 22

What constitutes an emergency? ................................................................... 39 Who counts as a dependant?.......................................................................... 39 How much Emergency Leave can I take? ........................................................ 39 What is the Procedure?................................................................................... 39

Flexible Working Policy .......................................................................................... 41 8.1 8.2 8.3 8.4

The statutory right .......................................................................................... 41 Flexible working generally ............................................................................... 41 The flexible working application procedure ................................................... 41 Extension of time limits ................................................................................... 42

8.5

Grounds for refusal ......................................................................................... 43

1 Introduction This document is provided as a supplement to the Company Handbook and provides useful information and guidance in respect of the Companyâ&#x20AC;&#x2122;s Family Friendly Policies. As a general guideline, the Company does not offer any enhanced packages and therefore the following policies are in line with statutory guidelines and entitlements. If you require any further information or any of the information within this document is unclear, please speak to your immediate manager.

2 Maternity Policy This section sets out the statutory rights and responsibilities of employees who are pregnant or have recently given birth and covers the arrangements for ante-natal care, pregnancy-related illness, maternity leave and pay. The Company implements the maternity rights set out in legislation. The following abbreviations are used in this section: EWC

Expected Week of Childbirth - the week, starting on a Sunday, in which your doctor or midwife expects you to give birth

SMP

Statutory Maternity Pay

The Qualifying Week for SMP - the 15th week before the EWC

You have the following key maternity rights: 

time off for ante-natal care;



maternity pay - linked to your level of earnings;



maternity leave.

2.1 Notification of pregnancy On becoming pregnant, you should notify your immediate manager as soon as you feel able to do so. This is important because there are health and safety considerations for the Company. By the end of the Qualifying Week, or as soon as reasonably practicable afterwards, you are required to provide the following information in writing to the Company: 

notification that you are pregnant;



details of your EWC;



the date on which you intend to start your maternity leave.

In addition, you will need to provide your manager with a MATB1 form. The MATB1 form is issued by your doctor or midwife and it states when your baby is due. The certificate must have either your doctor’s name and address on it, or if issued by a midwife, his/her name and registration number. You are permitted to bring forward your maternity leave start date, provided you advise the Company in writing at least 28 days before the new start date or, if that is not possible, as soon as reasonably practicable. You may also postpone your maternity leave start date, provided you advise the Company in writing at least 28 days before the original proposed start date or, if that is not possible, as soon as reasonably practicable. The Company will formally respond in writing to your notification of your leave plans within 28 days, confirming the date on which you are expected to return to work if you take your full 52-week entitlement to maternity leave.

2.2 Time off for ante-natal care Once you have advised the Company that you are pregnant, you are entitled to take reasonable time off work with pay to attend ante-natal appointments made on the advice of your doctor, registered midwife or registered health visitor. Where possible try and arrange appointments outside your normal working hours. If you work part time then try and arrange appointments on a day when you are not due to be at work. If this is not possible you should try to arrange them as close to the start or the end of your working day as possible. You must give the Company as much advance notice as possible of ante-natal appointments so that we can plan accordingly and, except in the case of your first appointment, you should provide the Company with evidence of the appointment, such as an appointment card.

2.3 Time off to attend ante-natal appointments for fathers-to-be ‘Fathers to be’ are also entitled to time off work to attend up to 2 antenatal appointments. This applies if you are the father of the baby, or the spouse, civil partner or partner who lives with the baby’s mother in an enduring family relationship (but is not a relative). The entitlement is to UNPAID time off work and the right is available from day one of employment and does not require any qualifying period of service. The maximum time off you may take during working hours for each appointment is limited to 6.5 hours. If making a request you will need to provide a written statement which states the following: 

the nature of the qualifying relationship you have with the pregnant woman or expected child;



that the purpose of taking the time off is to attend an antenatal appointment;



that the appointment has been made on the advice of a registered medical practitioner, midwife or nurse; and



the date and time of the appointment.

The Company has the right to refuse time off where it is reasonable to do so – please therefore ensure you give as much notice as possible so that we are able to accommodate your request.

2.4 Health and safety The Company has a duty to take care of the health and safety of all employees. We are also required to carry out a risk assessment which may include assessing the workplace risks to women who are pregnant, have recently given birth or are breastfeeding where the work is of a kind which could involve a risk of harm or danger to their health and safety or the health and safety of their baby and the risk arises from either processes, working conditions or physical, chemical or biological agents in the workplace. If applicable, the Company will provide you with information as to any risks identified in any risk assessment. If the risk assessment reveals that you would be exposed to health hazards in carrying out your normal job duties, the Company will take such steps as are reasonably necessary to avoid those risks, such as altering your working conditions. In some cases, this may mean offering you suitable alternative work (if available) on terms and conditions which are not substantially less favourable. If it is not possible for the Company to alter your working conditions to remove the risks to your health, and there is no suitable alternative work available to offer you on a temporary basis, the Company may suspend you from work on maternity grounds until such time as there are no longer any risks to your health. This may be for the remainder of your pregnancy until the commencement of your maternity

leave. If you are suspended in these circumstances, your employment will continue during the period of the suspension and it does not in any way affect your statutory or contractual employment and maternity rights.

2.5 Sickness absence If you are absent from work during your pregnancy due to sickness, you will receive sick pay in the same manner as any other sickness absence provided that you have not yet begun ordinary maternity leave. If, however, you are absent from work due to a pregnancy-related illness after the beginning of the 4th week before the EWC but before the date you have notified, or before you have notified a date, on which you intend to commence your maternity leave, then your maternity leave will usually begin automatically on the day after the first day of your absence. The Company may, if it wishes, allow you to continue working and treat odd days during this period as they would any other sick days (i.e. if we are able to accommodate this and you were not due to commence your maternity leave until nearer the Expected Due Date). If the Company is unable to accommodate this then maternity leave and pay will commence on the day after the first day of absence. You must notify the Company that you are absent from work wholly or partly because of pregnancy as soon as is reasonably practicable and, until your maternity leave commences, you are still required to comply with the Company’s Sickness Absence reporting procedures as set out in the Company Handbook.

2.6 Maternity leave All pregnant employees are entitled to take up to 26 weeks’ ordinary maternity leave and up to 26 weeks’ additional maternity leave, making a total of 52 weeks. This is regardless of the number of hours worked or length of service. Additional maternity leave begins on the day after ordinary maternity leave ends. Ordinary maternity leave can start at any time after the beginning of the eleventh week before your EWC (unless your child is born prematurely before that date). Maternity leave will start on whichever date is the earlier of: •

your chosen start date;

•

the day after you give birth;

•

the day after any day on which you are absent for a pregnancy-related reason in the four weeks before the EWC.

If you give birth before your maternity leave was due to start, you must notify the Company in writing of the date of the birth as soon as reasonably practicable. The law requires all employees to take a minimum of two weeks of compulsory maternity leave immediately after the birth of their child (four weeks for factory workers). During this period you must not undertake any work for the Company, which includes doing any work from home. An employee who gives birth to their baby at any point during their pregnancy but the baby subsequently dies is entitled to maternity leave and an employee who suffers a stillbirth after 24 weeks of pregnancy is also entitled to maternity leave.

2.7 Ordinary maternity leave During the period of ordinary maternity leave, your contract of employment continues and you are entitled to receive all your contractual benefits, except for salary. Salary will be replaced by statutory

maternity pay (SMP) if you are eligible to receive it. You will also be entitled to any general pay increases that are awarded whilst you are on Maternity Leave. Any benefits in kind will continue and annual leave entitlement will continue to accrue. Pension contributions will continue to be made. Your pension contributions will be based on the amount of actual pay you are receiving whilst any contributions from the Company will be based on the salary you would have received had you not gone on maternity leave. If you wish you can increase your own contributions to make up any shortfall whilst you are in receipt of less than your usual salary during your maternity leave.

2.8 Additional maternity leave During the period of additional maternity leave, your contract of employment continues and, as is the case during the period of ordinary maternity leave, you are entitled to receive all your contractual benefits, except for salary. Any benefits in kind will continue and annual leave entitlement will continue to accrue. Salary will be replaced by statutory maternity pay (SMP) for the first 13 weeks of additional maternity leave if you are eligible to receive it. The remaining 13 weeks of additional maternity leave will be unpaid. Any pension contributions will continue to be made during the period when you are receiving SMP as were made when you were on ordinary maternity leave. Unless the pension scheme rules allow or your contract of employment provides otherwise, the Company will not however make any contributions during any period of unpaid additional maternity leave. Subject to the pension scheme rules you may make your own contributions during this period.

2.9 Holidays You should endeavour to take any outstanding annual leave that may be due to you before the commencement of your ordinary maternity leave. You are reminded that holiday must normally be taken in the year that it is earned and therefore if the holiday year is due to end during your maternity leave, you should endeavour to take that full year’s entitlement before starting your maternity leave. Where return from maternity leave falls close to the end of the holiday year and it is not possible for you to take all accrued annual leave before the end of that leave year, or where you are unable to take all your accrued annual leave before commencing maternity leave, you will be permitted to carry holiday forward. Any holiday entitlement carried forward will normally be required to be taken within the first 3 months of the new holiday year or within three months of your return to work, whichever is the longer. You cannot take annual leave during ordinary or additional maternity leave but, subject to arrangement, accrued annual leave could be taken immediately after maternity leave and before returning to work.

2.10 Statutory Maternity Pay SMP is payable for up to 39 weeks during your maternity leave. You are entitled to SMP if: •

you have been continuously employed by the Company for at least 26 weeks at the end of the QW and you are still employed during that week;

•

your average weekly earnings in the eight weeks up to and including the QW are not less than the lower earnings limit for National Insurance contributions;

•

you are still pregnant eleven weeks before the start of your EWC (or have already given birth);

•

you provide a MAT B1 certificate stating your EWC;

•

you give the Company proper notification of your pregnancy in accordance with the rules set out above.

For the first six weeks, SMP is paid at the higher rate, which is equivalent to 90% of your average weekly earnings, calculated over the period of eight weeks up to and including the QW. For the purpose of calculating average weekly earnings, shift allowances, on-call allowance, over-time payments, bonuses and commission are all included. The standard rate of SMP is paid for the remaining 33 weeks (or less if you decide to return to work sooner). This is paid at a rate set by the Government for the relevant tax year, or 90% of your average weekly earnings (again calculated over the period of eight weeks up to and including the QW) if this is lower than the Government’s set weekly rate. If you become eligible for a pay rise between the start of the original calculation period and the end of your maternity leave (whether ordinary or additional maternity leave), the higher or standard rate of SMP will be re-calculated to take account of your pay rise, regardless of whether SMP has already been paid. This means your SMP will be re-calculated and increased retrospectively, or that you may qualify for SMP if you did not previously. You will be paid a lump sum to make up any difference between SMP already paid and the amount payable as a result of the pay rise. SMP is paid into your bank account in the same way as salary is normally paid. SMP is treated as earnings and is therefore subject to income tax and National Insurance deductions. Payment of SMP cannot start prior to the eleventh week before your EWC. SMP can start from any day of the week in accordance with the date you start your maternity leave. Maternity Pay is payable only for complete weeks (from the day on which you indicate you would like your SMP to start). SMP is payable whether or not you intend to return to work after your maternity leave. It is important for maternity pay purposes that you notify the Company if, during the maternity pay period, you are taken into legal custody or start to work for another employer. If you start work for another employer during your maternity leave you are no longer entitled to any further SMP. If you have been working for the Company for less than 26 weeks at the QW, or your average wages (calculated over the 8 week period prior to your QW) are below the lower earnings limit, you are not eligible to receive SMP. You may, however, be able to apply to the Department for Work and Pensions for Maternity Allowance if you meet their qualifying conditions.

2.11 Contact during maternity leave Shortly before your maternity leave starts, the Company will discuss the arrangements for you to keep in touch during your leave, should you wish to do so. The Company reserves the right in any event to maintain reasonable contact with you from time to time during your maternity leave. This may be to discuss your plans for return to work, to discuss any special arrangements to be made or training to be given to ease your return to work or simply to update you on developments at work during your absence.

2.12 Keeping in Touch (KIT) days Except during the first two weeks after your baby is born, you may agree to work for the Company for up to a maximum of ten days during either your ordinary or additional maternity leave without that work bringing the period of your maternity leave to an end and without loss of a week’s SMP. These are known as “keeping in touch” days. Any work carried out on a day shall constitute a day’s work for these purposes.

The Company has no right to require you to carry out any work, and you have no right to undertake any work, during your maternity leave. Any work undertaken, including the amount of salary paid for any work done on keeping in touch days, is entirely a matter for agreement between the Company and you. Any keeping in touch days worked do not extend the period of your maternity leave. Once the keeping in touch days have been used up, you will lose a week’s SMP for any week in which you agree to work for the Company.

2.13 Returning to work You will have been formally advised in writing by the Company of the date on which your maternity leave will end and the date on which you are expected to return to work if you take your full 52-week entitlement to maternity leave. You are expected to return on this date, unless you notify the Company otherwise. If you are unable to attend work at the end of your maternity leave due to sickness or injury, the Company’s normal arrangements for sickness absence will apply. In any other case, late return without prior authorisation will be treated as unauthorised absence. Whilst you are under no obligation to do so, it would assist the Company if you could confirm as soon as convenient during your maternity leave that you will be returning to work as expected. If you wish to return to work earlier than your expected return date, you must give the Company, preferably in writing, at least eight weeks’ notice of your proposed date of early return. If you fail to do so, the Company may postpone your return to such a date as will give the Company eight weeks’ notice, provided that this is not later than your expected return date. If you decide not to return to work at all after maternity leave, you must give notice of resignation as soon as possible and in accordance with the terms of your contract of employment. If the notice period would expire after your maternity leave has ended, the Company may require you to return to work for the remainder of your notice period.

2.14 Shared parental leave Where your EWC is on or after 5 April 2015 and you give notice to end your maternity leave early and to formally opt in to the shared parental leave scheme instead, you may then be eligible to share the balance of your leave (and pay) with your spouse, civil partner or cohabiting partner, or the father of your child, (if they are also eligible) as shared parental leave (and statutory shared parental pay, if applicable). Shared parental leave is available for up to 52 weeks, reduced by the number of weeks of maternity leave you have taken (the compulsory maternity leave period must still be taken). It is up to you and your spouse or partner to agree between yourselves the amount of shared parental leave each of you will take, assuming you are both eligible, as long as the total time taken does not exceed the maximum permitted between you. Shared parental leave can also be taken consecutively or concurrently but it must start no earlier than the date on which your baby is born and it must end no later than twelve months after the date of childbirth. If you wish to consider shared parental leave and would like further information then please speak to your immediate manager. Shared parental leave replaces the right to additional paternity leave.

2.15 Additional paternity leave Where your EWC is on or before 4 April 2015 and you propose to return to work early, your spouse, civil partner or cohabiting partner, or the father of your child, may then be eligible to take additional paternity

leave (and additional statutory paternity pay (ASPP), if applicable) once you have returned to work. The earliest that additional paternity leave may commence is 20 weeks after the date on which your child is born and it must end no later than twelve months after the date of childbirth. The minimum period of additional paternity leave is two consecutive weeks and the maximum period is 26 weeks. Further details should be obtained from your spouse’s or partner’s employer. If you do wish your spouse or partner to take additional paternity leave in this way, you will be required to submit a written and signed declaration form to that employer and you should be aware that it may also make additional enquiries of the Company to verify its employee’s entitlement to additional paternity leave and pay. Additional paternity leave is not available if your EWC is on or after 5 April 2015.

2.16 Your rights on return to work On resuming work after ordinary maternity leave, you are entitled to return to the same job as you occupied before commencing maternity leave on the same terms and conditions of employment as if you had not been absent. On resuming work after additional maternity leave, again you are entitled to return to the same job as you occupied before commencing maternity leave on the same terms and conditions as if you had not been absent. If, however, there is some reason why it is not reasonably practicable for the Company to take you back in your original job, you will be offered suitable alternative work of equivalent status and responsibility and on terms and conditions that are no less favourable than would have applied if you had not been absent. If you are a full-time employee, you have no automatic right to return to work on a part-time basis or to make other changes to your working patterns at the end of your maternity leave. It is the Company’s policy to promote flexible working arrangements for all employees and in particular for women returning from maternity leave. All requests for part-time work or other flexible working arrangements will be considered in line with the operational requirements of the business. Further details, including the procedure to be followed, can be found in the section on Flexible Working. If you would like this option to be considered, you should write to your immediate manager setting out your proposals as far in advance of your return date as possible, so that there is adequate time for full consideration of your request.

3 Adoption Leave Policy The Company implements the adoption leave rights set out in legislation. This section sets out the Companyâ&#x20AC;&#x2122;s policy on adoption for employees adopting a child. In order to qualify for the right to take adoption leave, you must be adopting a child through an approved adoption agency and you must have worked for the Company for a continuous period of 26 weeks calculated as at the week in which you are notified by the adoption agency of having been matched with the child for adoption. The 26 weeks qualifying service requirement does not, however, apply where the date of placement of the child for adoption is on or after 5 April 2015. If you are jointly adopting a child with your spouse or partner or civil partner, only one of you will be entitled to take adoption leave. You can choose which adopter will take adoption leave. The other adoptive parent will normally be entitled to take paternity leave, provided they meet the relevant eligibility criteria (see the section on Paternity Leave). The right to adoption leave is not available to step-parents who adopt their partnerâ&#x20AC;&#x2122;s child. A foster parent may be eligible for adoption leave if they go on to adopt a child but only if the child that the employee fostered is then matched with them for adoption by an approved adoption agency (it does not include adoption via a court order) and the child is then actually placed with them for adoption. Where the date of placement of the child for adoption is on or after 5 April 2015, prospective parents in the fostering for adoption scheme will be entitled to take adoption leave. Where an employee is to become a parent through a surrogacy arrangement and the expected week of childbirth is on or after 5 April 2015, if the employee has applied for a parental order under s.54 of the Human Fertilisation and Embryology Act 2008 in respect of the child, or they intend to apply for such an order, they will be entitled to take adoption leave in respect of that child. An employee who intends to apply for an order may be required to provide statutory declarations as to eligibility to apply for a parental order and intention to apply for such an order. The other intended parent in the surrogacy arrangement may then be entitled to take paternity leave.

3.1 Notification of adoption leave If you wish to take adoption leave, you must inform your line manager in writing of your request no later than seven days after the date on which notification of the match with the child is provided to you by the adoption agency. You must provide written details of the date on which you were notified of having been matched with the child, the date the child is expected to be placed with you for adoption and when you want your adoption leave to start. The Company can provide you with an Adoption Leave Request Form. As evidence of your entitlement to adoption leave, you will also be required to provide a copy of the relevant matching certificate and adoption papers from the adoption agency. You are permitted to bring forward your adoption leave start date, provided you advise the Company in writing at least 28 days before the new start date or, if that is not possible, as soon as reasonably practicable. You may also postpone your adoption leave start date, provided you advise the Company in writing at least 28 days before the original proposed start date or, if that is not possible, as soon as reasonably practicable. The Company will formally respond in writing to your notification of your leave plans within 28 days, confirming the date on which your adoption leave will end if you take your full 52-week entitlement to adoption leave. Adoption leave can start on the day the child is placed with you for adoption or on a date that is up to 14

days before the expected date of placement.

3.2 Adoption leave Assuming you are eligible, you are able to take up to a maximum of 52 weeks’ adoption leave. This comprises 26 weeks’ ordinary adoption leave and up to 26 weeks’ additional adoption leave. This is regardless of the number of hours you work. Additional adoption leave begins on the day after ordinary adoption leave ends. Only one period of leave is allowed, regardless of the number of children being adopted at that time. If the child’s placement ends during the adoption leave period, you can continue taking the leave for a further 8 weeks.

3.3 Ordinary adoption leave During the period of ordinary adoption leave, your contract of employment continues and you are entitled to receive all your contractual benefits, except for salary. Salary will be replaced by Statutory Adoption Pay (SAP) if you are eligible to receive it. Any benefits in kind will continue and annual leave entitlement will continue to accrue. Pension contributions will continue to be made. Your pension contributions will be based on the amount of actual pay you are receiving whilst any contributions from the Company will be based on the salary you would have received had you not gone on adoption leave. If you wish you can increase your own contributions to make up any shortfall whilst you are in receipt of less than your usual salary during your adoption leave.

3.4 Additional adoption leave Additional adoption leave starts immediately after the end of ordinary adoption leave and continues for a further 26 weeks. During the period of additional adoption leave, your contract of employment continues and, as is the case during the period of ordinary adoption leave, you are entitled to receive all your contractual benefits, except for salary. Any benefits in kind will continue and annual leave entitlement will continue to accrue. Salary will be replaced by SAP for the first 13 weeks of additional adoption leave if you are eligible to receive it. The remaining 13 weeks of additional adoption leave will be unpaid. Any pension contributions will continue to be made during the period when you are receiving SAP as were made when you were on ordinary adoption leave. Unless the pension scheme rules allow or your contract of employment provides otherwise, the Company will not however make any contributions during any period of unpaid additional adoption leave. Subject to the pension scheme rules you may make your own contributions during this period.

3.5 Holidays You should endeavour to take any outstanding annual leave that may be due to you before the commencement of your ordinary adoption leave. You are reminded that holiday must be taken in the year that it is earned and therefore if the holiday year is due to end during adoption leave, you should endeavour to take that full year’s entitlement before starting your adoption leave. Where return from adoption leave falls close to the end of the holiday year and it is not possible for you to take all accrued annual leave before the end of that leave year, or you were unable to take all accrued

holidays before commencing your adoption leave, you will be permitted to carry holiday forward. Any holiday entitlement carried forward will normally be required to be taken within the first 3 months of the new holiday year or within three months of your return to work, whichever is the longer. You cannot take annual leave during additional adoption leave but, subject to arrangement, accrued annual leave could be taken immediately after adoption leave and before returning to work.

3.6 Statutory Adoption Pay SAP is payable for up to 39 weeks during adoption leave provided your average weekly earnings in the eight weeks up to and including the matching for adoption week are not less than the lower earnings limit for National Insurance contributions and you have been continuously employed by the Company for at least 26 weeks at the end of the matching for adoption week and you are still employed during that week. The weekly rate of SAP is paid at a rate set by the Government for the relevant tax year, or 90% of your average weekly earnings if this is lower than the Government’s set weekly rate. However, where the date of placement of the child for adoption is on or after 5 April 2015, there will then be two rates of SAP. For the first six weeks, SAP will be paid at the higher rate, which is equivalent to 90% of your average weekly earnings calculated over the period of eight weeks up to and including the matching for adoption week. For the purpose of calculating average weekly earnings, shift allowances, overtime payments and commission are all included. The standard rate of SAP will be paid for the remaining 33 weeks (or less if you decide to return to work sooner). This is paid at a rate set by the government for the relevant tax year, or 90% of your average weekly earnings if this is lower than the government’s set weekly rate. If you are not eligible for statutory adoption pay, the Company will provide you with an SAP1 form stating the reason why. SAP is paid into your bank account in the same way as salary is normally paid. SAP is treated as earnings and is therefore subject to income tax and National Insurance deductions. SAP is payable whether or not you intend to return to work after your adoption leave. It is important for adoption pay purposes that you notify your manager if, during the adoption pay period, you are taken into legal custody or start to work for another employer. If you start work for another employer during your adoption leave you are no longer entitled to any further SAP.

3.7 Contact during adoption leave Shortly before your adoption leave starts, the Company will discuss the arrangements for you to keep in touch during your leave, should you wish to do so. The Company reserves the right in any event to maintain reasonable contact with you from time to time during your adoption leave. This may be to discuss your plans for return to work, to discuss any special arrangements to be made or training to be given to ease your return to work or simply to update you on developments at work during your absence.

3.8 Keeping in touch days You may agree to work for the Company for up to a maximum of ten days during either your ordinary or additional adoption leave without that work bringing the period of your adoption leave to an end and without loss of a week’s SAP. These are known as “keeping in touch” days. Any work carried out on a day shall constitute a day’s work for these purposes. The Company has no right to require you to carry out any work, and you have no right to undertake any

work, during your adoption leave. Any work undertaken, including the amount of salary paid for any work done on keeping in touch days, is entirely a matter for agreement between the Company and you. Any keeping in touch days worked do not extend the period of your adoption leave. Once the keeping in touch days have been used up, you will lose a week’s SAP for any week in which you agree to work for the Company.

3.9 Returning to work You will have been formally advised in writing by the Company of the date on which your adoption leave will end and the date on which you are expected to return to work if you take your full 52-week entitlement to adoption leave. You are expected to return on your due return date unless you notify the Company otherwise. If you are unable to attend work at the end of your adoption leave due to sickness or injury, the Company’s normal arrangements for sickness absence will apply. In any other case, late return without prior authorisation will be treated as unauthorised absence. Whilst you are under no obligation to do so, it would assist the Company if you could confirm as soon as convenient during your adoption leave that you will be returning to work as expected. If you wish to return to work earlier than your expected return date, you must give the Company at least eight weeks’ notice in writing of your proposed date of early return. If you fail to do so, the Company may postpone your return to such a date as will give the Company eight weeks’ notice, provided that this is not later than your expected return date. If you decide not to return to work at all after adoption leave, you must give notice of resignation in accordance with the terms of your contract of employment. If the notice period would expire after your adoption leave has ended, the Company may require you to return to work for the remainder of your notice period.

3.10 Shared parental leave Where the child is placed with you for adoption on or after 5 April 2015 and you give notice to end your adoption leave early and to formally opt in to the shared parental leave scheme instead, you may then be eligible to share the balance of your leave (and pay) with your spouse, civil partner or cohabiting partner (if they are also eligible) as shared parental leave (and statutory shared parental pay, if applicable). Shared parental leave is available for up to 52 weeks, reduced by the number of weeks of adoption leave you have taken (a minimum of two weeks of adoption leave must still be taken). It is up to you and your spouse or partner to agree between yourselves the amount of shared parental leave each of you will take, assuming you are both eligible, as long as the total time taken does not exceed the maximum permitted between you. Shared parental leave can also be taken consecutively or concurrently but it must start no earlier than the date of placement of the child for adoption and it must end no later than twelve months after the date of placement of the child for adoption. If you wish to consider shared parental leave and would like for information then please speak to your immediate manager in the first instance. Shared parental leave replaces the right to additional paternity leave.

3.11 Additional paternity leave Where the child is placed with you for adoption on or before 4 April 2015 and you propose to return to work early, your spouse, civil partner or cohabiting partner may then be eligible to take additional paternity leave (and additional statutory paternity pay (ASPP), if applicable) once you have returned to

work, provided they have also been matched with the child for adoption. The earliest that additional paternity leave may commence is 20 weeks after your adopted child’s date of placement and it must end no later than twelve months after the date of placement. The minimum period of additional paternity leave is two consecutive weeks and the maximum period is 26 weeks. Further details should be obtained from your spouse’s or partner’s employer. If you do wish your spouse or partner to take additional paternity leave in this way, you will be required to submit a written and signed declaration form to that employer and you should be aware that it may also make additional enquiries of the Company to verify its employee’s entitlement to additional paternity leave and pay. Additional paternity leave is not available where the date of placement of the child for adoption is on or after 5 April 2015.

3.12 Your rights on return to work On resuming work after ordinary adoption leave, you are entitled to return to the same job as you occupied before commencing adoption leave on the same terms and conditions as if you had not been absent. On resuming work after additional adoption leave, again you are entitled to return to the same job as you occupied before commencing adoption leave on the same terms and conditions as if you had not been absent. If, however, there is some reason why it is not reasonably practicable for the Company to take you back in your original job, you will be offered suitable alternative work of equivalent status and responsibility and on terms and conditions that are no less favourable than would have applied if you had not been absent.

3.13 Adoptions from overseas If you adopt a child from overseas, you may still be entitled to statutory adoption leave and pay. Special rules apply in these circumstances. For further information, please speak to your immediate manager.

3.14 Time off to attend adoption appointments From 5 April 2015, if you have been notified by an approved adoption agency that a child is to be placed with you for adoption, you are entitled to take time off during working hours to attend by appointment at any place for the purpose of having contact with the child or for any other purpose connected with the adoption. The appointment must have been arranged by or at the request of the adoption agency. If you are a single adopter, you may attend up to five paid appointments. If you are a joint adopter, you may elect for one person (the primary adopter) to attend up to five paid appointments, while the other (the secondary adopter) may attend up to two unpaid appointments. The maximum time off during working hours for each appointment is capped at 6.5 hours. You may be asked by the Company to produce evidence showing the date and time of the appointment and that it has been arranged by or at the request of the adoption agency. In addition, in the case of joint adopters, if you are the primary adopter, you will be required to sign a declaration stating that you have elected to exercise the right to time off to attend the paid appointments and, if you are the secondary adopter, you will be required to sign a declaration stating that you have elected to exercise the right to time off to attend the unpaid appointments. Please be aware that if you exercise the right to take paid time off to attend an adoption appointment, you cannot then elect to take paternity leave rather than adoption leave.

If more than one child is to be placed with you for adoption as part of the same arrangement, your entitlement to attend adoption appointments remains the same. You must endeavour to give your line manager as much advance notice as possible of time off to attend adoption appointments and you should try to arrange them as close to the start or end of your working day as possible.

4 Parental Leave Policy This section sets out the Company’s policy on parental leave. Parental leave is entirely separate from Shared Parental Leave. It is unpaid leave that is available to both male and female employees and enables those that have been employed for at least a year to take up to 18 weeks unpaid leave for the purposes a caring for a child under 18 for whom they have parental responsibility. The Company implements the parental leave rights set out in legislation. Parental leave is additional to paternity leave, maternity leave, adoption leave, shared parental leave and time off to deal with family emergencies.

4.1 Entitlement to parental leave All periods of parental leave are unpaid. There is no contractual or statutory entitlement to be paid for absences relating to parental leave. Any payment of salary during parental leave is made at the absolute discretion of the Company. Both mothers and fathers can take parental leave. In order to qualify for parental leave, you must have worked for the Company for a continuous period of one year by the time you want to take the leave. If you have already taken part of your parental leave with a previous employer, you will not be able to take any further parental leave until you have completed one year’s continuous employment with the Company. You are entitled to take up to 18 weeks’ parental leave in order to care for a natural or an adopted child (or to make arrangements for the child’s welfare) if you meet one of the following eligibility conditions: •

you are the natural parent of or you have acquired formal parental responsibility for a child who is under 18 years old; or

•

you have adopted a child under the age of 18.

In the case of birth fathers, you must be named on the child’s birth certificate.

4.2 When parental leave may be taken Assuming you are eligible, you can choose to take parental leave at any time up to the child’s 18th birthday. You cannot however exercise any entitlement to parental leave in respect of a child after the date of the child’s 18th birthday.

4.3 Taking time off for parental leave Parental leave is for each child, so in the case of twins, 18 weeks’ leave may be taken for each child. You must take parental leave in blocks of one week. If you take parental leave for a shorter period than one week (for example, two days), that will constitute a week’s leave for the purpose of calculating your 18 weeks’ parental leave entitlement (although you will continue to be paid as normal for the time you work). The exception to this is that parents of disabled children can take leave in blocks of one day. A disabled child is one for whom Disability Living Allowance or Personal Independence Payment has been awarded A maximum of four weeks’ parental leave can be taken in respect of any child during any one year, beginning on the date on which you first became entitled to take parental leave in respect of the child in question (or, if your entitlement has been interrupted at the end of a period of continuous employment, the date on which you most recently became so entitled) and each successive period of twelve months beginning on the anniversary of that date. Each parent is entitled to parental leave.

4.4 Procedure for notifying a request to take parental leave You are required to give at least 21 days’ (3 weeks) written notice to the Company of your proposed parental leave dates. If leave is to be taken immediately after birth or adoption, 21 days’ written notice of the expected week of childbirth or the expected week of placement for adoption should be given. You must specify the dates on which your period of parental leave is to start and finish. A Parental Leave Request Form can be obtained from the Company. If it is not reasonably practicable for you to comply with the 21 days’ notice requirement, you should give notice as soon as reasonably practicable. If you give notice that you wish your leave to start on the date of birth or adoption and that date is sooner or later than expected, your leave will begin on the actual date of birth or adoption. At the time of requesting parental leave, you should: •

provide the name of the child in respect of whom you wish to take leave, stating their date of birth and your relationship to them;

•

produce an appropriate birth or adoption certificate or such other documentation as the Company may reasonably request;

•

specify parental leave as the reason for absence;

•

declare any periods of parental leave you have taken with a previous employer.

4.5 Periods of parental leave with previous employers The period of 18 weeks’ leave is the maximum you can take and periods of leave taken with a previous employer will be taken into account when calculating this period. The Company will expect you to declare periods of leave with a previous employer either before or at the time of making a request for parental leave. The Company may also check with your previous employer how much parental leave you have taken at your previous employment.

4.6 Postponement of parental leave The Company reserves the right to postpone a period of parental leave for up to six months where it considers the operation of its business would be unduly disrupted if the leave were to be taken at the time requested. For example, leave may be postponed during particularly busy periods, seasonal peaks or where a significant proportion of your department have already applied to be absent from work at the same time. The Company will confirm any postponement arrangements in writing no later than seven days after receipt of your request to take parental leave. This letter will state the reason for postponement and set out the proposed new dates of parental leave. The Company will attempt to agree with you a suitable alternative date when the parental leave can commence. The Company will not postpone leave if you have given notice to take it immediately after the time the child is born or is placed with you for adoption.

4.7 Rights during parental leave During parental leave your contract of employment continues. You are entitled to all of your statutory employment benefits, but some contractual benefits can be suspended by the Company. For example, you will continue to accrue your statutory annual leave entitlement during parental leave but you do not have the right to accrue any additional contractual annual leave entitlement. Your seniority, pension rights and rights to any other service-related benefits are unaffected by parental leave.

4.8 Right to return to work after parental leave At the end of parental leave, you will be entitled to return to the same job on the same terms and conditions as if you had not been absent, provided always that your period of parental leave was for a period of four weeks or less and your total consecutive statutory leave taken in relation to the child (including any time on maternity, paternity, adoption or shared parental leave but excluding your parental leave) amounts to no more than 26 weeks. Where you have taken more than 26 weeksâ&#x20AC;&#x2122; consecutive statutory leave in total (including any time on maternity, paternity, adoption or shared parental leave but excluding your parental leave) or your parental leave period is more than four weeks, again you will be entitled to return to the same job on the same terms and conditions as if you had not been absent. If, however, there is some reason why it is not reasonably practicable for the Company to take you back in your original job, you will be offered suitable alternative work of equivalent status and responsibility and on terms and conditions that are no less favourable than would have applied if you had not been absent.

4.9 Claiming parental leave dishonestly If you act dishonestly in claiming an entitlement to parental leave, this is a disciplinary offence and will be dealt with under the Companyâ&#x20AC;&#x2122;s disciplinary procedure. This includes attempting to claim leave for a child who is too old, claiming leave for purposes other than caring for a child or misleading the Company about parental leave taken with a previous employer. Depending on the seriousness of the offence, it may amount to potential gross misconduct and could result in your summary dismissal.

5 Paternity Leave Policy This section sets out the Company’s policy on both paternity leave and pay (or ordinary paternity leave and pay) and additional paternity leave and pay. The Company implements the paternity leave rights set out in legislation. Paternity leave and additional paternity leave are quite separate entitlements and are taken at different times and for that reason they are considered separately in this policy. Please note that additional paternity leave and pay will no longer be available where the expected week of childbirth, or the date of placement of the child for adoption, is on or after 5 April 2015. NOTE: Information in respect of the statutory right to take time off work to accompany a pregnant woman to an antenatal appointment is covered in section 2.3 under ‘Maternity’.

5.1 Entitlement to ordinary paternity leave In order to qualify for the right to take ordinary paternity leave, you must meet each of the following eligibility criteria: •

you have, or expect to have, responsibility for the upbringing of the child;

•

you are either the biological father of the child, or you are married to, the civil partner or the cohabiting partner of the child’s mother, or you are married to, the civil partner or the cohabiting partner of the child’s adopter, or you are one of a couple jointly adopting a child. A cohabiting partner is a person, whether of a different sex or the same sex, who lives with the mother or adopter and the child in an enduring family relationship but is not an immediate relative of the mother or adopter;

•

you are taking the leave to care for the child or to support the child’s mother or adopter;

•

you have worked continuously for the Company for 26 weeks calculated as at the 15th week before the expected week of childbirth or, in respect of an adopted child, calculated as at the week in which the child’s adopter is notified of having been matched with the child for adoption.

5.2 Notification of paternity leave You are required to inform the Company of your intention to take ordinary paternity leave by the end of the 15th week before the expected week of childbirth or, in the case of an adopted child, no later than seven days after the date on which notification of the match with the child was given by the adoption agency, unless this is not reasonably practicable. You are required to provide the following information in writing to the Company: •

the date the child is expected to be born or adopted;

•

whether you wish to take one or two weeks’ ordinary paternity leave;

•

when you want your ordinary paternity leave to start.

In the case of an adopted child, your notice should also specify the date on which the adopter was notified of having been matched with the child. You are permitted to bring forward your ordinary paternity leave start date, provided you advise the Company in writing at least 28 days before the new start date or, if that is not possible, as soon as reasonably practicable. You may also postpone your ordinary paternity leave start date, provided you advise the Company in writing at least 28 days before the original proposed start date or, if that is not

possible, as soon as reasonably practicable. You are also required to complete and sign a self-certification form as evidence of your entitlement to ordinary paternity leave and pay. An ordinary paternity leave request form can be obtained from the Company and once completed it should be returned to your immediate manager.

5.3 Paternity leave Assuming you are eligible, you are entitled to take either one week or two consecutive weeks of ordinary paternity leave. It cannot be taken as odd days. You can choose to start your ordinary paternity leave from: • • •

the date the child is born or placed for adoption (whether this is earlier or later than expected); or a chosen number of days or weeks after the date of childbirth or placement for adoption (whether this is earlier or later than expected); or a chosen date later than the first day of the week in which the baby is expected to be born or from a chosen date later than the expected date of placement. If the baby is born later than this date, you may delay your leave until the date of the actual birth.

Ordinary paternity leave can start on any day of the week on or following the child’s birth, or placement for adoption, but it must be completed either within 56 days of the actual date of childbirth or adoption or, if the child is born early, within the period from the actual date of childbirth up to 56 days after the first day of the expected week of childbirth. In the case of multiple births from the same pregnancy, only one period of ordinary paternity leave is available. During the period of ordinary paternity leave, your contract of employment continues and you are entitled to receive all your contractual benefits, except for salary. In particular, any benefits-in-kind will continue, contractual annual leave entitlement will continue to accrue and any pension contributions will continue to be made. Your pension contributions will be based on your actual pay whilst any Company’s contributions will be based on the salary that you would have received had you not gone on ordinary paternity leave. Salary will be replaced by Ordinary Statutory Paternity Pay if you are eligible to receive it.

5.4 Statutory Paternity Pay (SPP) SPP is payable for up to two weeks during ordinary paternity leave. You are entitled to SPP if: •

you have been continuously employed by the Company for at least 26 weeks ending with the 15th week before the expected week of childbirth or, in respect of an adopted child, ending with the matching for adoption week and you are still employed during that week (and in the case of adoption, you continue to be employed until the date of the child’s placement);

•

your average weekly earnings in the eight weeks up to and including the 15th week before the expected week of childbirth, or up to and including the matching week, are not less than the lower earnings limit for National Insurance contributions;

•

you have declared your eligibility for SPP by giving the Company a completed self-certification form at least 28 days before you want your OSPP to start. The paternity leave request form which the Company can provide can be used for this purpose. From 5 April 2015, this particular requirement is being amended and you must then request SPP by giving the Company a

completed self-certification form by the end of the 15th week before the expected week of childbirth, or in the case of an adopted child, no later than seven days after the date on which notification of the match with the child was given by the adoption agency. SPP is paid by the Company for either one or two consecutive weeks of paternity leave. The weekly rate of SPP is paid at a rate set by the government for the relevant tax year, or 90% of your average weekly earnings if this is lower than the government’s set weekly rate. SPP is treated as earnings and is therefore subject to PAYE and National Insurance deductions. SPP can start from any day of the week in accordance with the date you start your paternity leave.

5.5 Your rights on return to work On resuming work after paternity leave, you are entitled to return to the same job on the same terms and conditions of employment as if you had not been absent.

5.6 Additional paternity leave The right to additional paternity leave enables eligible employees to take up to 26 weeks’ additional paternity leave within the first year of their child’s life or the first year after the child’s placement for adoption, provided always that the mother or the adopter who elected to take adoption leave (i.e. the primary adopter) has returned to work from their maternity leave or adoption leave (as appropriate). A mother and father cannot take maternity leave and additional paternity leave at the same time and two adoptive parents cannot take adoption leave and additional paternity leave at the same time. Additional paternity leave will no longer be available where the expected week of childbirth, or the date of placement of the child for adoption, is on or after 5 April 2015.

5.7 Entitlement to additional paternity leave In order qualify for the right to take additional paternity leave, you must meet each of the following eligibility criteria: •

you are the biological father of the child or you are married to, the civil partner or the cohabiting partner of the child’s mother, or you are married to, the civil partner or the cohabiting partner of the primary adopter, and, in the case of a birth child, you expect to have the main responsibility for the upbringing of the child (apart from the mother’s responsibility) or, in the case of adoption, you have been matched with the child for adoption. A cohabiting partner is a person, whether of a different sex or the same sex, who lives with the mother or primary adopter and the child in an enduring family relationship but is not an immediate relative of the mother or primary adopter;

•

you are taking the leave to care for the child;

•

you have worked continuously for the Company for 26 weeks calculated as at the 15th week before the expected week of childbirth or, in respect of an adopted child, calculated as at the week in which you are notified of having been matched with the child;

•

you remain in continuous employment with the Company until the week before the first week of additional paternity leave;

•

the mother of the child is entitled to one or more of maternity leave, statutory maternity pay (SMP) or maternity allowance (MA) or, in the case of adoption, the primary adopter is entitled

to one or both of adoption leave or statutory adoption pay (SAP), and the mother or primary adopter has returned to work (i.e. their leave period has ended and/or their entitlement to SMP, MA or SAP has ceased).

5.8 Notification of additional paternity leave If you wish to take additional paternity leave, you must give written notice to the Company of your intention to take additional paternity leave at least eight weeks before your chosen start date. Your written leave notice must specify, in the case of a birth child, the date the child was expected to be born and the actual date of birth or, in the case of an adopted child, the date on which you were notified of having been matched with the child and the date of placement for adoption and, in either case, your intended start date and end date of additional paternity leave (and pay, if applicable). You must also submit a signed declaration not less than eight weeks before your chosen start date stating that the purpose of the period of additional paternity leave is to care for the child and that you satisfy the relationship eligibility conditions for additional paternity leave (and pay, if applicable). An additional paternity leave request form can be obtained from the Company and it can be used for both the leave notice and your employee declaration. Once completed, it should be returned to your immediate manager. At least eight weeks before your chosen start date, the mother or primary adopter must also submit a written and signed declaration to the Company stating their name, address and National Insurance number, the date they intend to return to work, that they have given notice to their employer of returning to work, that you satisfy the relationship eligibility conditions, that they are entitled to SMP, MA or SAP and the start date of their maternity or adoption pay period (if applicable), that they consent to the Company processing the information contained in their declaration, that you are to their knowledge the sole applicant for ASPP (if applicable) and, in the case of a birth child, you are to their knowledge the only person exercising the entitlement to additional paternity leave in respect of the child. A mother or adopter declaration for additional paternity leave can be obtained from the Company and once completed it should again be returned to your immediate manager. If the Company so requests, you must also produce the name and business address of the mother’s or primary adopter’s employer and a copy of the child’s birth certificate or, in the case of an adopted child, evidence of the name and address of the adoption agency, the date on which you were notified of having been matched with the child and the date on which the agency expects to place the child for adoption. You must supply this information within 28 days of the Company’s request. You are permitted to bring forward your additional paternity leave start or end date, provided you advise the Company in writing at least six weeks before the new start or end date or, if that is not possible, as soon as reasonably practicable. You may also postpone your additional paternity leave start or end date (or cancel your additional paternity leave altogether), provided you advise the Company in writing at least six weeks before the original proposed start or end date (i.e. six weeks before the date to be varied or cancelled) or, if that is not possible, as soon as reasonably practicable. The Company will formally respond in writing to your notification of your leave plan within 28 days, acknowledging your intentions and confirming the relevant start and end dates of your additional paternity leave and pay.

5.9 Additional paternity leave The minimum period of additional paternity leave is two consecutive weeks and the maximum period is 26 weeks. Additional paternity leave must be taken as one continuous period in multiples of complete weeks.

The earliest that additional paternity leave may commence is 20 weeks after the date on which the child is born, or 20 weeks after the date of placement of the child for adoption, and it must end no later than twelve months after the date of childbirth, or twelve months after the date of placement of the child for adoption. Additional paternity leave does not have to start as soon as the mother or primary adopter has returned to work. There can be a gap between maternity or adoption leave ending and your additional paternity leave commencing. Special rules apply in the event of the mother’s or the primary adopter’s death within twelve months of childbirth or placement of the child for adoption. The minimum period of leave will still be two weeks but you will be able to take up to twelve months’ additional paternity leave ending with the child’s first birthday, or within twelve months of the placement for adoption. During the period of additional paternity leave, your contract of employment continues and you are entitled to receive all your contractual benefits, except for salary. In particular, any benefits-in-kind will continue and contractual annual leave entitlement will continue to accrue. Any pension contributions will continue to be made during the period when you are receiving ASPP but not during any period of unpaid additional paternity leave. Your pension contributions will be based on your actual pay whilst the Company’s contributions will be based on the salary you would have received had you not gone on additional paternity leave. You may wish to increase your own pension contributions to make good any shortfall whilst you are in receipt of less than your normal salary. Unless the pension scheme rules or your contract of employment provide otherwise, the Company will not make contributions during any period of unpaid additional paternity leave. Subject to the pension scheme rules, you may make member contributions during this time Salary will be replaced by ASPP for some of the additional paternity leave period if you are eligible to receive it, i.e. if taken during what would have been the mother’s or primary adopter’s 39-week maternity or adoption pay period. The remaining period of additional paternity leave will be unpaid. You should endeavour to take any outstanding annual leave that may be due to you before the commencement of your additional paternity leave. You are reminded that holiday must be taken in the year that it is earned and therefore if the holiday year is due to end during additional paternity leave, you should take the full year’s entitlement before starting your additional paternity leave. If this is not possible then holidays will be carried forward into the next leave year but should normally be taken within three months of the start of the new leave year or three months of the date of your return to work, whichever is the longer.

5.10 Additional Statutory Paternity Pay (ASPP) ASPP may be payable for some of the additional paternity leave period. You are entitled to ASPP if: •

•

you remain in continuous employment with the Company until the week before the ASPP period begins;

•

you are the biological father of the child or you are married to, the civil partner or the cohabiting partner of, the child’s mother, or you are married to, the civil partner or the cohabiting partner of the child’s primary adopter, and, in the case of a birth child, you expect to have the main responsibility for the upbringing of the child (apart from the mother’s responsibility) or, in the case of adoption, you have been matched with the child for adoption;

•

you intend to care for the child during the ASPP period;

•

the mother was entitled to SMP or MA or, in the case of adoption, the primary adopter was entitled to SAP, and the mother or primary adopter has returned to work before their full entitlement to SMP/MA/SAP was exhausted;

•

the mother or primary adopter has at least two weeks of their maternity or adoption pay period which remains unexpired;

•

you have given written notice of your application for ASPP and made a signed employee declaration in relation to ASPP at least eight weeks before the expected ASPP start date (the additional paternity leave request form can be used for this purpose);

•

the mother or primary adopter has submitted a written and signed declaration to the Company in relation to your application for ASPP at least eight weeks before the expected ASPP start date, (the mother or adopter declaration for additional paternity leave can be used for this purpose).

ASPP is paid by the Company for only some of the additional paternity leave period, i.e. during what would have been the mother’s or primary adopter’s 39-week maternity or adoption pay period. The weekly rate of ASPP is paid at a rate set by the government for the relevant tax year, or 90% of your average weekly earnings if this is lower than the government’s set weekly rate. ASPP is treated as earnings and is therefore subject to PAYE and National Insurance deductions. ASPP can start from any day of the week in accordance with the date you start your additional paternity leave. ASPP is payable whether or not you intend to return to work after your additional paternity leave. It is important for paternity pay purposes that you notify your line manager if, during the paternity pay period, you are taken into legal custody or start to work for another employer. If you start working for a new employer you will lose you entitlement to any further ASPP.

5.11 Contact during additional paternity leave Shortly before your additional paternity leave starts, the Company will discuss the arrangements for you to keep in touch during your leave, should you wish to do so. The Company reserves the right in any event to maintain reasonable contact with you from time to time during your additional paternity leave. This may be to discuss your plans for return to work, to discuss any special arrangements to be made or training to be given to ease your return to work or simply to update you on developments at work during your absence.

5.12 Keeping in touch days You may agree to work for the Company for up to a maximum of ten days during your additional paternity leave without that work bringing the period of your additional paternity leave to an end and without loss of a week’s ASPP. These are known as “keeping in touch” days. Any work carried out on a day shall constitute a day’s work for these purposes.

The Company has no right to require you to carry out any work, and you have no right to undertake any work, during your additional paternity leave. Any work undertaken, including the amount of salary paid for any work done on keeping in touch days, is entirely a matter for agreement between the Company and you. Any keeping in touch days worked do not extend the period of your additional paternity leave. Once the keeping in touch days have been used up, you will lose a week’s ASPP for any week in which you agree to work for the Company.

5.13 Returning to work after additional paternity leave You will have been formally advised in writing by the Company of the date on which you are expected to return to work based on your chosen start and end dates of your additional paternity leave. You are expected to return on this date, unless you notify the Company otherwise. If you are unable to attend work at the end of your additional paternity leave due to sickness or injury, the Company’s normal arrangements for sickness absence will apply. In any other case, late return without prior authorisation will be treated as unauthorised absence. Whilst you are under no obligation to do so, it would assist the Company if you could confirm as soon as convenient during your additional paternity leave that you will be returning to work as expected. If you wish to return to work earlier than your expected return date, you must give the Company, preferably in writing, at least six weeks’ notice of your proposed date of early return. If you fail to do so, the Company may postpone your return to such a date as will give the Company six weeks’ notice, provided that this is not later than your expected return date. If you decide not to return to work at all after additional paternity leave, you must give notice of resignation as soon as possible and in accordance with the terms of your contract of employment. If the notice period would expire after additional paternity leave has ended, the Company may require you to return to work for the remainder of your notice period.

5.14 Your rights on return to work On resuming work after additional paternity leave (where it was taken as an isolated period of leave or taken with certain other types of statutory leave), you are entitled to return to the same job as you occupied before commencing additional paternity leave on the same terms and conditions as if you had not been absent.

5.15 Adoptions from overseas Special rules apply where additional paternity leave follows adoption leave in relation to a child adopted from overseas. You may still be entitled to additional paternity leave provided that the primary adopter has returned to work before using their full entitlement to adoption leave. For further information, please contact your immediate manager.

6 Shared Parental Leave and Pay Policy The Company implements the shared parental leave and pay rights set out in legislation. This document sets out the Company’s policy on shared parental leave and pay in relation to both the birth of a child and the adoption of a child. Shared Parental Leave replaces the right to additional paternity leave and is only available to eligible employees where the expected week of childbirth begins on or after 5th April 2015, or where the child is placed for adoption on or after this date. The right to shared parental leave and statutory shared parental pay enables eligible employees who are parents (whether by birth or adoption) to have paid and/or unpaid leave within the first year of their child’s life or the first year after their child’s placement for adoption, provided always that the eligible mother or adopter has volunteered to end their maternity leave and/or pay or adoption leave and/or pay early (or has already returned to work early). The following abbreviations are used in this policy: Adopter: the person with whom the child is, or is expected to be, placed for adoption by an adoption agency, or, in a case where two people have been matched jointly, whichever of them has elected to be the child’s main adopter. EWC: expected week of childbirth - the week, starting on a Sunday, in which your doctor or midwife expects you to give birth. Parent: one of two people who will share the main responsibility for the care of the child (and who may be either the mother, the father, the adopter, or the mother’s or adopter’s partner). Partner: the mother’s or adopter’s spouse or civil partner or someone (whether of a different sex or the same sex) who lives with the mother or adopter and the child in an enduring family relationship but is not the mother’s or adopter’s child, parent, grandchild, grandparent, sibling, aunt, uncle, niece or nephew.

6.1 Entitlement to shared parental leave You are entitled to SPL in relation to the birth or adoption of a child if: 

you are the child’s mother or adopter and you share the main responsibility for the care of the child with the child’s father (birth cases only) or the person who, at the date of the child’s birth or placement for adoption, is your partner, or



you are the child’s father (birth cases only) and you share the main responsibility for the care of the child with the child’s mother, or



you are the mother’s or adopter’s partner at the date of the child’s birth or placement for adoption and you share the main responsibility for the care of the child with the child’s mother or adopter (in birth cases, where the child’s father does not share the main responsibility with the mother).

In order to qualify for the right to take SPL, you must also meet each of the following eligibility criteria: 

you have worked continuously for the Company for 26 weeks calculated as at the 15th week before the EWC or, in respect of an adopted child, calculated as at the week in which the adopter is notified of having been matched with the child for adoption



you remain in continuous employment with the Company until the week before the period of SPL to be taken



if you are the mother or the adopter, you are entitled to maternity or adoption leave in respect of the child and you have ended your entitlement to such leave, either by serving a curtailment notice or by returning to work before the end of your maternity or adoption leave period



if you are the father or partner, the mother or adopter is entitled to maternity or adoption leave, and/or statutory maternity pay (SMP), maternity allowance (MA) or statutory adoption pay (SAP), in respect of the child and they have ended their entitlement to such leave and/or pay, either by serving a curtailment notice or by returning to work before the end of their maternity or adoption leave period



the other parent has worked in an employed or self-employed capacity for at least 26 of the 66 weeks immediately preceding the EWC or the week in which the adopter is notified of having been matched with the child for adoption, and had average weekly earnings of at least £30 per week for any 13 of those weeks



you have given both a notice of entitlement and a period of leave notice to the Company, and complied with any statutory evidence requirements imposed by the Company.

SPL is additional to the statutory right to two weeks’ paternity leave. If you are entitled to paternity leave, you should consider using this before taking SPL. This is because you will lose any untaken paternity leave entitlement once you start a period of SPL.

6.2 Length of shared parental leave You and the other parent are jointly entitled to a maximum of 50 weeks of SPL between you, subject to satisfying the eligibility conditions for entitlement to SPL. All of the 52 weeks of maternity or adoption leave, except the two-week period of compulsory maternity leave after birth, or the first two weeks of adoption leave, are available for sharing between you as SPL, less the weeks spent by the child’s mother or adopter on maternity or adoption leave (or the weeks in which the mother or adopter has been in receipt of SMP, MA or SAP if they are not entitled to maternity or adoption leave). The earliest that SPL may be taken in relation to birth is the date of birth and in relation to adoption is the date of placement of the child for adoption. SPL can start for the other parent while the mother or adopter is still on maternity or adoption leave, provided the mother or adopter has served a curtailment notice. SPL must end by the day before the child’s first birthday, or by the day before the first anniversary of the child’s placement for adoption. The minimum period of SPL is one week and it must be taken in multiples of complete weeks. It can begin on any day of the week as long as it is taken in complete weeks. SPL may be taken as one single continuous period or in discontinuous periods.

6.3 Ending maternity or adoption leave early If you are the child’s mother or adopter on maternity or adoption leave and you wish to return to work earlier than your expected return date, you must give the Company, preferably in writing, at least eight weeks’ notice of your proposed date of early return and then you must return to work early. Alternatively, you can bring forward the date on which your maternity or adoption leave ends by giving the Company a curtailment notice. You must also give us, at the same time as the curtailment notice, a notice of entitlement to opt in to the SPL scheme (see below), or a written declaration of consent and entitlement stating that the other parent has given a notice of entitlement to their employer and you consent to the amount of SPL that the other parent intends to take.

Your curtailment notice must be in writing and it must state the date on which you want your maternity or adoption leave to end. That date must be at least one day after the end of the two-week period of compulsory maternity leave or at least two weeks after the start of adoption leave, at least eight weeks after the date on which your curtailment notice is given and at least one week before the last day of your maternity or adoption leave. You can give a curtailment notice before or after you give birth or before or after adoption leave starts. You must either return to work early or give a curtailment notice before you or the other parent can take SPL. The other parent may be eligible to take SPL from their employer before your maternity or adoption leave ends, provided you have given the curtailment notice. The curtailment notice is normally binding and cannot be revoked. You can only revoke a curtailment notice if maternity or adoption leave has not yet ended and one of the following applies: 

if you discover that neither you nor the other parent are in fact eligible for SPL or statutory shared parental pay (ShPP), you can revoke the curtailment notice in writing up to eight weeks after it was given, or



if the other parent has died, or



if you gave the curtailment notice before your child’s birth, you can revoke it in writing up to six weeks after birth (for mothers only) - in this case, you will still be able to opt in to SPL at a later date, either by returning to work and then giving a notice of entitlement to take SPL or by giving another curtailment notice.

If you revoke your curtailment notice, you will remain on maternity or adoption leave. If you are the child’s father or the mother’s or adopter’s partner, you will only be able to take SPL once the mother or adopter has either returned to work early from their maternity or adoption leave or has given one of the following notices: 

a curtailment notice to their employer to end their maternity or adoption leave, or



if they are not entitled to maternity or adoption leave but are entitled to SMP or SAP, a curtailment notice to their employer to end their SMP or SAP, or



if they are not entitled to maternity leave or SMP, a curtailment notice to the Department for Work and Pensions to end their MA.

6.4 Opting in to shared parental leave If you wish to take SPL, you must formally opt in to the SPL scheme by giving the Company a notice of entitlement and intention to take SPL. The written notice of entitlement must be given at least eight weeks before the date you intend your SPL to start and it must contain the following information: 

your name and the name of the other parent



if you are the child’s mother or adopter, the start and end dates of your maternity or adoption leave



if you are the child’s father or the mother’s or adopter’s partner, the start and end dates of the mother’s or adopter’s maternity or adoption leave, or if they are not entitled to maternity or adoption leave, the start and end dates of any SMP, MA or SAP period



the total amount of SPL available



how much of that SPL will be allocated to you and how much to the other parent (you can change the

allocation later by giving the Company a further written notice) 

if you are claiming ShPP, the total amount of ShPP available



how much of that ShPP will be allocated to you and how much to the other parent (you can change the allocation later by giving the Company a further written notice)



an indication of the pattern of SPL and ShPP you are thinking of taking, including the proposed start and end dates for each period of SPL and ShPP - this indication is non-binding until a period of leave notice is given



the EWC and the child’s date of birth or, in the case of adoption, the date that the adopter was notified of having been matched with the child for adoption, the date the child is expected to be placed for adoption and the adoption placement date.

It must also include a signed declaration from you that you satisfy, or will satisfy, the eligibility conditions for entitlement to SPL and ShPP, that the information given in your notice of entitlement is accurate and that you will immediately inform the Company if you cease to be eligible. If you are the child’s father or the mother’s or adopter’s partner, you must also declare that you are the child’s father or the partner of the mother or adopter and that you will inform the Company if the child’s mother or adopter tells you that they have ceased to satisfy the eligibility conditions. Finally, your notice of entitlement must include a signed declaration from the other parent stating: 

their name, address and national insurance number



they satisfy the eligibility conditions to take SPL



they consent to the amount of SPL and ShPP that you intend to take



they consent to the Company processing the information provided in their declaration



if you are the mother or adopter, that they are the child’s father or your partner



if you are the child’s father or the mother’s or adopter’s partner, that they have reduced their SMP, MA or SAP (if you are claiming ShPP) and will immediately inform you if they cease to satisfy the eligibility conditions.

If you give a notice of entitlement before your child is born or before the adoption placement date, you must inform the Company of the child’s date of birth or the adoption placement date as soon as reasonably practicable after the birth or placement and, in any event, before the first period of SPL that you wish to take. It is up to you and the other parent to agree between yourselves how much SPL each of you will take and whether you want to take the time off at the same time or at different times.

6.5 Evidence of entitlement If requested by the Company within 14 days beginning with the date on which your notice of entitlement was given, you must provide: 

a copy of the child’s birth certificate (or, if you have not yet obtained a birth certificate, a signed declaration of the child’s date and place of birth); and



the name and address of the other parent’s employer (or a declaration that they have no employer).

You have 14 days to provide this information (14 days from the date of birth to provide a birth certificate if the Company’s request was made before birth).

In the case of adoption, the evidence that the Company can request is one or more documents issued by the adoption agency showing the name and address of the agency, the date that the adopter was notified of having been matched with the child for adoption, the date on which the agency expects to place the child for adoption and the name and address of the other parent’s employer (or a declaration that they have no employer).

6.6 Notifying your shared parental leave dates Having opted in to the SPL system by giving us a notice of entitlement, you also need to give the Company a period of leave notice telling us the start and end dates of the SPL that you intend to take. This can be given at the same time as your notice of entitlement or it can be given later, but it must be given not less than eight weeks before the start date of the first period of SPL requested in your period of leave notice. You can request more than one period of SPL in your notice. If given before the child is born or placed for adoption, the notice can contain start and end dates expressed as a number of days following the child’s birth or adoption placement date, rather than specific dates. You must also state in your notice the dates on which you intend to claim ShPP, if applicable. You can give up to a maximum of three period of leave notices. This may enable you to take up to three separate periods of SPL (although if you give a notice to vary or cancel a period of SPL, this will in most cases count as a further period of leave notice - see “varying or cancelling your shared parental leave dates” below). If your notice gives dates for a single continuous period of SPL, you will be entitled to take the SPL set out in your notice (as long as it does not exceed the total number of weeks of SPL available to you). In general, your period of leave notice should set out a single continuous period of SPL. However, in some cases, the Company may be willing to consider a period of leave notice where the SPL is split into shorter, discontinuous periods (with periods of work in between). Where your notice is for discontinuous SPL, if we are unable to agree to your request straight away, there will be a two-week discussion period to enable the Company to consider your request and discuss it with you. The Company may, at its absolute discretion: 

agree to your requested pattern of discontinuous SPL; or



refuse your request as it was made but propose alternative dates; or



refuse your request.

If, by the end of the two-week discussion period, the Company either agrees to your request for discontinuous SPL or agrees alternative dates with you, you will then be entitled to take SPL on the dates agreed. If, however, by the end of the two-week discussion period, we cannot reach an agreement with you on your requested pattern of discontinuous SPL, you will be entitled to take the full amount of SPL that you requested as a single continuous period to begin on the start date of the first period of SPL requested in your period of leave notice. Alternatively, you may: 

withdraw your period of leave notice on or before the 15th day after it was given (in which case it will not be counted and you may submit a new period of leave notice if you wish), or



choose a new start date which you must notify to the Company within five days of the end of the two-week discussion period (and this date must be at least eight weeks after your period of leave notice was given).

6.7 Varying or cancelling your shared parental leave dates You can cancel a period of SPL by notifying the Company in writing at least eight weeks before the start date in the period of leave notice. You can vary the start date for a period of SPL, or the length of a period of SPL, by giving the Company at least eight weeks’ written notice of the variation before the original start date or the proposed new start date, whichever is sooner. You can vary the end date for a period of SPL by giving the Company at least eight weeks’ written notice of the variation before the original end date or the proposed new end date, whichever is sooner. However, you do not have to give eight weeks’ notice if you are changing the dates of your SPL because your child has been born earlier than the EWC, where you wanted to start your SPL a certain length of time (but not more than eight weeks) after birth. In this case, please notify the Company in writing of the change as soon as possible. A notice to cancel or vary a period of SPL will count as one of your three period of leave notices, unless: 

the variation is at the Company’s request; or



the variation is as a result of your child being born earlier or later than the EWC or being placed with you earlier or later than the expected placement date; or



the Company agrees otherwise.

6.8 Statutory shared parental pay ShPP of up to 39 weeks (less any weeks of SMP, MA or SAP claimed by you or the other parent - which must be at least two weeks) may be available during SPL provided you have been continuously employed by the Company for at least 26 weeks ending with the 15th week before the EWC or the week in which the adopter is notified of having been matched with the child for adoption, you remain in continuous employment with the Company until the week before the ShPP period begins and your average weekly earnings in the eight weeks up to and including the 15th week before the EWC, or up to and including the week in which the adopter is notified of having been matched with the child for adoption, are not less than the lower earnings limit for National Insurance contributions. The weekly rate of ShPP is paid at a rate set by the government for the relevant tax year, or 90% of your average weekly earnings if this is lower than the government’s set weekly rate. ShPP is paid into your bank account in the same way as salary is normally paid. ShPP is treated as earnings and is therefore subject to deductions of income tax and National Insurance contributions. ShPP is payable whether or not you intend to return to work after your SPL. It is important for ShPP purposes that you notify your line manager if, during the ShPP pay period, you are taken into legal custody or start work for another employer. In these circumstances your entitlement to ShPP will cease.

6.9 Other terms during shared parental leave During the period of SPL, your contract of employment continues in force and you are entitled to receive all your contractual benefits, except for salary. In particular, any benefits in kind will continue and annual leave entitlement will continue to accrue. Salary may be replaced by ShPP for some of the SPL period if you are eligible to receive it (see above). The

remaining period of SPL will be unpaid. During the period of paid SPL (i.e. when you are receiving ShPP), your pension contributions will be based on the amount of actual pay you are receiving whilst the Company’s contributions will be based on the salary you would have received had you not gone on SPL. You may wish to increase your own contributions to make good any shortfall whilst you are in receipt of less than your usual salary. However, unless the pension scheme rules or your contract of employment provide otherwise, the Company will not make contributions during any period of unpaid SPL. Subject to the pension scheme rules, you may make member contributions during this time. You should endeavour to take any outstanding annual leave that may be due to you before the commencement of SPL. You are reminded that holiday must be taken in the year that it is earned and therefore if the holiday year is due to end during SPL, you should endeavour to take the full year’s entitlement before starting your SPL. Where return from SPL falls close to the end of the holiday year and it is not possible for you to take all accrued annual leave before the end of that leave year, or you were unable to take all accrued holidays before commencing SPL, you will be permitted to carry holiday forward. Any holiday entitlement carried forward will normally be required to be taken within the first 3 months of the new holiday year or within three months of your return to work, whichever is the longer.

6.10 Contact during shared parental leave Shortly before your SPL starts, if necessary the Company will discuss the arrangements for you to keep in touch during your leave, should you wish to do so. The Company reserves the right in any event to maintain reasonable contact with you from time to time during your SPL. This may be to discuss your plans for return to work, to discuss any special arrangements to be made or training to be given to ease your return to work or simply to update you on developments at work during your absence.

6.11 Shared parental leave in touch days You may agree to work for the Company for up to a maximum of 20 days during your SPL without that work bringing the period of your SPL to an end and without loss of a week’s ShPP. These are known as “shared parental leave in touch” (SPLIT) days. Any work carried out on a day constitutes a day’s work for these purposes. SPLIT days are in addition to any keeping in touch days that you may have taken during maternity or adoption leave. The Company has no right to require you to carry out any work, and you have no right to undertake any work, during your SPL. Any work undertaken, including the amount of salary paid for any work done on SPLIT days, is entirely a matter for agreement between the Company and you. Any SPLIT days worked do not extend the period of your SPL. Once the SPLIT days have been used up, you will lose a week’s ShPP for any week in which you agree to work for the Company.

6.12 Returning to work You are expected to return on the next working day after the end date of your SPL, unless you notify the Company otherwise. If you are unable to attend work at the end of your SPL due to sickness or injury, the Company’s normal arrangements for sickness absence will apply. In any other case, late return without prior authorisation will be treated as unauthorised absence. Whilst you are under no obligation to do so, it would assist the Company if you could confirm as soon as

convenient during your SPL that you will be returning to work as expected. If you wish to return to work earlier than your SPL end date or you wish to extend your SPL (assuming you still have unused SPL entitlement remaining), the provisions above on “varying or cancelling your shared parental leave dates” apply and your notice to vary will still constitute one of your maximum of three period of leave notices. Therefore, if you have already given us three period of leave notices, you will not be able to end your SPL early or extend your SPL without the Company’s agreement. If you decide not to return to work at all after SPL, you must give notice of resignation as soon as possible and in accordance with the terms of your contract of employment. If the notice period would expire after your SPL has ended, the Company may require you to return to work for the remainder of your notice period.

6.13 Your rights on return to work On resuming work after SPL, you are entitled to return to the same job as you occupied before commencing SPL on the same terms and conditions as if you had not been absent, provided that the total leave taken (including any time on maternity, paternity or adoption leave) amounts to no more than 26 weeks in aggregate, even if taken in discontinuous blocks. On resuming work after SPL where you have taken more than 26 weeks’ leave in total (including any time on maternity, paternity or adoption leave), or you have taken a period of SPL in combination with more than four weeks of ordinary unpaid parental leave, again you are entitled to return to the same job as you occupied before commencing SPL on the same terms and conditions as if you had not been absent. If, however, it is not reasonably practicable for the Company to allow you to return to the same job, the Company may offer you suitable alternative work, of equivalent status and responsibility and on terms and conditions that are no less favourable than would have applied if you had not been absent. If you worked full time prior to your SPL you have no automatic right to return to work on a part-time basis or to make other changes to your working patterns. However, all requests for part-time work or other flexible working arrangements will be considered in line with the operational requirements of the Company’s business. If you would like this option to be considered, you should write to your line manager setting out your proposals as soon as possible in advance of your return date, so that there is adequate time for full consideration of the request. The procedure for making a flexible working application is set out in the Company’s flexible working policy.

7 Time off for Dependants Policy All employees are entitled to take a reasonable amount of time off during normal hours of work in order to deal with family emergencies. You have no contractual or statutory right to be paid for absences relating to family emergencies. Any payment of salary during such time off is made at the absolute discretion of the Company.

7.1 What constitutes an emergency? The right to take time off enables 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; your partner is having a baby; you need to make longer-term care arrangements for a dependant who is ill or injured; you have to deal with the death of a dependant, for example, making funeral arrangements; you have to deal with an unexpected disruption or breakdown in care arrangements for a dependant, for example, when a child-minder fails to turn up; you need to deal with an incident involving your child whilst they are at school.

The right to time off under these rules is intended to cover unforeseen family emergencies. If you know in advance that you are going to need time off, then you should speak to your manager about the possibility of taking such time as part of your annual leave entitlement.

7.2 Who counts as a dependant? For these purposes, a “dependant” is your spouse, partner, child or parent or someone who lives with you as part of your family. It does not include tenants, boarders or employees living in your family home. 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.

7.3 How much Emergency Leave can I take? The Company envisages that the amount of leave taken will, in most cases, be one or two days at most. The leave to which you are entitled is enough to help you cope with the immediate crisis. You must actively seek alternative longer-term care arrangements for the care of a dependant within one day of the emergency occurring. Should it not be possible to make such arrangements, you must contact your manager and explain why further absence is required. Authorisation of such continued absence will be at the absolute discretion of the Company.

7.4 What is the Procedure? In the event of a family emergency occurring while you are at work, you must immediately inform your manager of the nature of the emergency and seek their express permission to leave work early. In the event of a family emergency occurring outside your normal hours of work which will prevent you from reporting to work at your normal start time, you must contact the Company and speak to your immediate manager at the earliest possible opportunity and as close to the normal start time as possible. In any event, this must be no later than two hours after your normal start time. If you are unable to speak to your immediate manager personally, you should speak to another senior member of the Company’s Management Team.

You should explain:   

details of the nature of the emergency; the reason for your absence; and how long you expect to be absent from work.

Where the emergency is ongoing, you must report to your immediate manager on a daily basis and always at least one hour before your normal start time. You must update your manager on the reason for the ongoing absence and how long you expect it to continue. You must inform your manager as soon as possible of any change in the date of your anticipated return to work. The Company reserves the right to ask you to provide supporting evidence of the family emergency on your return to work and you will be required to complete an Emergency Leave Form which the Company will provide. You are reminded that it is a serious disciplinary offence to knowingly provide false information or to dishonestly claim a right to time off to deal with a family emergency. Any offence will be dealt with in accordance with the Company’s disciplinary procedure and, depending on the circumstances, could amount to gross misconduct rendering you liable to summary dismissal. In the event of a dispute between you and your manager about whether a particular incident or occurrence falls under the terms of these rules, a Director / the Managing Director / General Manager shall be responsible for determining whether the request for time off made by you relates to a genuine family emergency. Their decision shall be final.

8 Flexible Working Policy It is the Company’s view that the promotion of flexible working arrangements increases staff motivation, performance and productivity, reduces stress and encourages staff retention by enabling employees to balance their work life with their other priorities.

8.1 The statutory right All employees who have worked for the company for a continuous period of 26 weeks and who have not submitted a flexible working request within the last 12 months have a statutory right to apply for a change to the terms and conditions of their employment to have flexible working arrangements.

8.2 Flexible working generally In addition to statutory rights, it is the Company’s policy to try and be flexible on working patterns for all employees, although priority will always be given to those employees who do have the statutory right to request flexible working so that the Company can comply with its legal obligations. All employees are eligible to apply for flexible working regardless of their seniority, current working pattern, age, sex, race, religion, sexual orientation, whether they have a disability or whether they are employed on a permanent or fixed-term basis. You may wish to apply for flexible working to accommodate charity work, leisure activities, other caring arrangements or external study. You can apply to vary the number of hours you work, the times you work or your place of work (between your home and the Company’s place of business). Although the Company is committed to being flexible on working patterns for its employees, you must recognise that the requirements of the business are paramount and it may not be appropriate or possible for flexible working arrangements to apply to all jobs across all areas of the business. It may take the Company time to both consider and accommodate your request and a change to your terms and conditions may not be possible to effect immediately. You should therefore allow as much time as possible when submitting a request. The law requires that all requests, including any appeals, must be considered and decided on within a period of three months from ﬁrst receipt, unless both parties agree to extend this period. You must be aware that if the Company approves your application under the right to request, then this will represent a permanent change to your terms and conditions of employment and there is no right to revert back to your previous terms at a later date. Furthermore, you do not have a statutory right to request another variation in contractual terms for a period of 12 months although you may still ask without the statutory right. If you are only looking for a change to your working hours or conditions for a short period, for instance to cope with personal matters outside work or to pursue a short course of study, the Company may consider allowing a change to your conditions on an informal and temporary basis (rather than via a formal Flexible Working Request) with an agreement that you will revert back to your old conditions after a specified period, say three months, or after the occurrence of a specific event, such as the end of a course of study.

8.3 The flexible working application procedure You should make your request in writing setting out the flexible working arrangement you seek. A Flexible Working Application Form can be obtained from your immediate Manager.

Your request must include the following information: 

The date of your application, the change to working conditions you are seeking and when you would like the change to come into effect;



What effect, if any, you think the requested change would have on the company and how, in your opinion, any such effect might be dealt with;



A statement that this is a statutory request and if and when you have made a previous application for ﬂexible working.

Within 28 days of receipt of your application, the Company will discuss with you the changes you have proposed, the effect of the proposed changes and any possible alternative work patterns that might be more suitable. This discussion is likely to be in the form of a formal meeting but could instead be a discussion over the ‘phone or by alternative means if that is considered more suitable and appropriate. If you are invited to a meeting to discuss your application then you may be accompanied at this meeting by a work colleague. The Company will consider your request and will make a practical business assessment on whether, and if so how, it could be accommodated. The Company will notify its decision to you within 14 days of the meeting. If the Company accepts your request, it will write to you, establishing a start date and providing a written note of the contract of employment variation. If your application is refused, the Company will explain the grounds for refusal in writing and confirm the internal appeal procedure Where your request is agreed, it constitutes a permanent change to your terms and conditions of employment. This means you do not have the right to revert to your previous pattern of working at a future date. There may be instances where the Company is unsure whether the arrangements requested are sustainable in the business and/or has concerns about the possible impact on other employees’ requests for flexible working and wants to agree flexible working arrangements for a temporary or trial period rather than rejecting the request. If a temporary or trial period is agreed this will be clearly stated and the Company will set out review points when both parties can jointly discuss how the new arrangements are working and make any adjustments necessary. You can appeal in writing against a refusal within 14 days of receipt of the Company’s rejection letter. The Company will then set up a meeting with you to discuss your appeal within 14 days after receiving your appeal letter. After that meeting has been held, the Company will write to you within 14 days to notify you of the outcome of your appeal. If the company arranges a meeting with you to discuss our application and you fail to attend both that meeting and any rescheduled meeting without good reason, then the company will treat this as your having withdrawn your application and will confirm this in writing. Similarly if you fail to attend any appeal hearing as well as any rescheduled appeal hearing without good reason, the company will consider that you have withdrawn your appeal and will again write to you to confirm this.

8.4 Extension of time limits Any of the time limits can be extended by agreement between both parties. If the Company needs to extend the time limits for any reason in order to properly consider your request, then you will be advised in writing and the Company will seek your written agreement to the extension.

8.5 Grounds for refusal The Company may refuse your flexible working application on one or more of the following grounds: •

the burden of additional costs;

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the detrimental effect it would have on the Company’s ability to meet customer demand;

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the Company’s inability to reorganise work amongst existing staff;

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the Company’s inability to recruit additional staff;

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the detrimental impact it would have on quality;

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the detrimental impact it would have on performance;

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the insufficiency of work available during the period when you propose to work;

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the Company’s planned structural changes.

In refusing an application, the Company will provide details relating to why the particular grounds apply in the circumstances. Please note that each request for flexible working will be dealt with individually, taking into account the likely effects the changes will have on the Company, the work of the department in which you are employed, your work colleagues and the particular circumstances of the case. This means that if the Company agrees to one employee’s request, this does not set a precedent or create a right for another employee to be granted the same or a similar change to their work pattern.