Family Friendly (Policy)
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1. Time off for dependants
You have the right to take a reasonable period of unpaid time off work to deal with an emergency involving a dependant. This right is to enable you to deal with an unexpected or sudden problem and make any necessary longer-term arrangements. Dependant emergencies typically include (but are not restricted to):
- if a dependant falls ill or has been involved in an accident or assaulted, including where the victim is hurt or distressed rather than injured physically
- when a partner is having a baby
- to make longer term care arrangements for a dependant who is ill or injured
- to deal with the death of a dependant; for example, to make funeral arrangements or to attend a funeral
- to deal with an unexpected disruption or breakdown in care arrangements for a dependant; for example, when the child-minder or nurse fails to turn up
- to deal with an incident involving the employee’s child during school hours; for example, if the child has been involved in a fight or is being suspended from school.
A dependant is your partner, child or parent, or someone who lives with you as part of your family. For example, this could be an elderly aunt or grandparent who lives in the household. It does not include tenants or boarders living in the family home, or someone who lives in the household as an employee, for example, a live-in housekeeper.
In cases of illness, injury or where care arrangements break down, a dependant may also be someone who reasonably relies on you for assistance. This may be where you are the primary carer or the only person who can help in an emergency.
In most cases, the amount of leave which the law entitles you to will be one or two days at the most, but this will depend on individual circumstances. You may be able to take a longer period of leave if we are agreeable to this.
The right to time off for dependants does not include a right to be paid during your time off.
You must tell us as soon as possible about your absence, the reason for it and how long you expect to be away from work. If you are prevented from telling us due to the nature of the emergency you must tell your manager the reason for the absence immediately upon your return to work.
This right is intended to cover unforeseen matters. If you know in advance that you are going to need time off, you may be able to arrange to take this time as part of your annual leave entitlement.
2. Parental leave
The right to parental leave applies to you when you have completed one year’s service. It allows employees with children under the age of five (eighteen if disabled) to take parental leave to care for that child. The right applies to mothers and fathers and to a person who has obtained formal parental responsibility for a child under the Children Act or its Scottish equivalent.
Parents are able to start taking parental leave when the child is born or placed for adoption or as soon as they have completed one year’s service with their employer, whichever is later.
The key elements of parental leave are:
- 13 weeks’ parental leave for each child
- a right to take the leave which lasts until the child’s fifth birthday or until five years have elapsed following placement in the case of adoption
- if you are a parent of a disabled child you will be able to use your leave over a longer period, up until the child’s 18th birthday
- you will remain employed while on parental leave but you do not have the right to be paid during parental leave
- at the end of parental leave you are guaranteed the right to return to the same job as before, or, if that is not practicable, a similar job which has the same or better status, terms and conditions as the old job; where the leave taken is for a period of 4 weeks or less, you will be entitled to go back to the same job.
You can take parental leave:
- in blocks or multiples of one week
- after giving 21 days’ notice to your employer
- up to a maximum of four weeks leave in a year
- subject to postponement by your employer for up to 6 months where business cannot cope
- but leave cannot be postponed when the employee gives notice to take it immediately after the time the child is born or is placed with the family for adoption.
If you are the parent of a disabled child you have the flexibility to take leave a day at a time or longer if you wish. A disabled child is a child for whom disability living allowance is awarded.
When you begin your employment we may make enquiries of your previous employer or seek a declaration from you about how much parental leave you have already taken.
3. Having a baby
3.1 Antenatal Care
We will not unreasonably refuse you time off work in order to attend an appointment for antenatal care which has been made on the advice of your doctor or midwife or health visitor.
You may be required to produce your antenatal appointment card. Time off should only be requested if it is not possible to arrange the antenatal appointment outside working hours.
The following is intended as a guide only as regulations change; the company will abide by current legislation.
From 1 October 2014 a prospective father or the spouse, civil partner or partner of a pregnant woman is entitled to up to 6.5 hours’ time off to attend up to each of two antenatal appointments. Employees are protected from detriment and dismissal when exercising their right. Proof of the appointment will not be required but we may ask for a declaration from the employee that confirms:
- that (s)he is the mother's spouse, civil partner or partner, or the child's father
- that the purpose of the time off is to accompany the expectant mother to an antenatal appointment
- that the appointment in question is made on the advice of a registered medical practitioner, registered midwife or registered nurse
- the date and time of the appointment.
3.2 Ordinary maternity leave
Minimum entitlement to maternity leave is 26 weeks. It is available as of right to all employees and in particular does not depend on completing any period of employment. This minimum entitlement is called ordinary maternity leave. Simple notification procedures are required.
Within reason, you can choose when your ordinary maternity leave starts however it must not start earlier than the beginning of the eleventh week before the expected week of childbirth.
If you have notified us of the date on which you intend your ordinary maternity leave period to start you may subsequently vary that date, provided that you notify us of the variation at least 28 days before the date varied, or 28 days before the new date, whichever is the earlier, or, if that is not reasonably practicable, as soon as is reasonably practicable
The only restriction is that the you cannot insist on a maternity leave start date earlier than the beginning of the eleventh week before the expected week of childbirth.
You are required to give notice of Maternity Leave in writing together with a copy of a doctor's or midwife's certificate stating the expected week of confinement (EWC). Notice must be given before the end of the 15th week before the EWC (unless this is not reasonably practicable).
We must formally notify you of the end date of your maternity leave and date of return to work. We must do so within a strict time limit and there is no provision for extending time for giving this notice. The basic time limit is 28 days after receipt of notification from you of the intended start date of your maternity leave.
If we fail to write to you as above we will not be able to prevent you from returning to work sooner than expected, nor will we have the right to dismiss you (or subject you to any other detriment) for failing to return to work on the due date.
Notification by you is normally done on a form known as MATB1 which is also one of the two forms of notice required to trigger entitlement to Statutory Maternity Pay.
Ordinary Maternity Leave starts automatically and at once if you are absent from work "wholly or partly because of pregnancy" at any time after the beginning of the fourth week before the expected week of childbirth. It also starts automatically, of course, if the child is born before the date you have chosen for the start date. In those cases no advance notice is needed but you must notify us "as soon as reasonably practicable" that you are absent wholly or partly because of pregnancy or that the child has been born and if you fail to do so you may lose your entitlement to all except compulsory maternity leave.
In cases where maternity leave starts before the intended date (as to which see above) the time limit for us to notify you of the final date of your maternity leave is 28 days after receipt of notice that the child has been born or that you are absent from work wholly or partly because of pregnancy. Separately, if you exercise your right to change the start date the time limit for us to notify you of the final date of your maternity leave is 28 days after your ordinary maternity leave begins.
3.3 Additional Maternity Leave
No further notice has to be given for an employee to be entitled to take Additional Maternity Leave (this must be stated at the time of the original notification).
Additional maternity leave starts on the day after the last day of ordinary maternity leave and ends 26 weeks later.
3.4 Continuation of your contract of employment
During ordinary maternity leave your contract of employment continues and you are entitled to the benefit of those terms and conditions which would have applied to you had you not been absent and having been pregnant or given birth except your right to receive your wages or salary. You are also bound by your obligations under your contract of employment subject to your right to take maternity leave.
During additional maternity leave your protected benefits are restricted to our implied obligation of trust and confidence and any terms and conditions relating to:
- notice provisions
- compensation in the event of redundancy
- disciplinary or grievance procedures.
You are bound by the implied obligation of good faith and any express terms and conditions relating to:
- notice provisions
- the disclosure of confidential information
- acceptance of gifts or other benefits
- your participation in any other business.
Return to work at the end of maternity leave
Ordinary maternity leave (OML)
You are entitled to return to the job you did before your period of leave on no less favourable terms than before with your seniority and pension rights preserved as if you had not been absent. The small employer’s exemption in this respect has been removed.
Additional maternity leave (AML)
You are entitled to return to the job you did before your period of leave or if it is not reasonably practicable for your employer to let you return to that job, to another job which is both suitable and appropriate for you and on no less favourable terms than before with your seniority and pension rights preserved as if you had not been absent
3.6 Notification of return to work
You are not required to give notice of your intended return to work after OML but must return at the date specified by your employer unless sickness or injury prevents you from doing so.
3.7 Return at the end of additional maternity leave
After the day 21 days before the end of your ordinary maternity leave we may send you a written request that you notify us of the date of your child’s birth AND whether you intend to return at the end of your additional maternity leave. You must reply in writing within 21 days of receipt of the request and if you fail to do so you may not be protected from dismissal or detriments arising from you’re taking additional maternity leave.
If you intend to return to work before the end of your maternity leave (both ordinary and additional) you must give us 56 days’ notice (which does not have to be in writing). If you do not do so we may postpone your return so that 56 days’ notice has been given provided that the postponed date of return is no later than the date that your maternity leave would otherwise have ended.
3.8 Redundancy during maternity leave
If during your maternity leave it is not practicable for us to employ you under your existing contract of employment due to redundancy you are entitled to be offered an alternative job at the end of your existing contract if there is a suitable vacancy for work which it is appropriate for you to do and on terms no less favourable than your existing terms and conditions. The alternative job may be with your employer, the successor to your employer or an associated employer.
3.9 Pay during maternity leave
You are not entitled to receive your wages or salary but you may be entitled to Statutory Maternity Pay (SMP).
SMP is payable for 39 weeks at two rates, an earnings related rate payable for the first six weeks of the maternity pay period and a standard rate for the remaining (normally 33) weeks.
The earnings related rate payable for the first six weeks is 90 per cent of average weekly earnings earned during the 8 weeks immediately before the qualifying week. Any increases in wage or salary which took effect during the eight weeks immediately before the qualifying week will be added to the average irrespective of when they took effect. The remaining weeks are paid at a standard rate which is increased by the Government in April of each year.
To qualify for SMP, you must have been an employee who has been in continuous employment with us for at least 26 weeks up to, and including at least one day during, your qualifying week, i.e. the 15th week before the expected week of childbirth.
SMP is NOT payable to those whose average earnings for the eight weeks ending with the last pay day before the qualifying week fall below a specified amount. The specified amount is the lower earnings limit at which NI contributions are payable. However eligibility does not depend on actual payment of NI Contributions. If your average earnings are too low for you to qualify under the rule above you are simply not eligible for SMP.
However a pregnant woman/new mother who is ineligible for SMP is likely to be eligible for Maternity Allowance or to Incapacity Benefit instead. If you are not eligible for any of these benefits, you may still be entitled to incomesupport (which is available even to those who have not paid NI contributions). Full information is available from social security or Jobcentre Plus offices.
SMP is chargeable to tax and NI contributions in the same way as earnings.
Although SMP is a State Benefit it is administered and actually paid by your employer. We can recoup all or most of the cost by making deductions from NI contributions and PAYE due. A small employer is entitled to recoup 100 per cent of SMP paid to employees, plus a "handling charge" of 4.5%.
Larger employers may only recoup 92 per cent. Small employers who cannot afford their SMP payments are able to seek "recoupment" in advance from the Inland Revenue Accounts Office.
There is a total prohibition against receiving Statutory Sick Pay during the 26 week period of entitlement to SMP.
You must notify us at least 28 days before you want your SMP payments to begin. The maternity pay period may start on any day of the week, and will be calculated as a daily rate - so enabling a monthly paid employee to be paid an amount which reflects the number of days in each month.
Pension contributions made by the company will be calculated on the basis of the normal rate of pay rather than the reduced maternity pay level.
3.10 Health and Safety
If you are pregnant and employed in a position that has been identified as posing a risk to your health or to that of your unborn child you will be notified immediately and arrangements will be made to eliminate the risk.
For this reason you are required to notify your manager as soon as you are aware that you may be pregnant and arrangements will then be made to alter their working conditions or if that is not possible and such a job is available they will be offered a suitable alternative job. If there is no suitable alternative job we reserve the right to suspend you on full pay until you are no longer at risk. The alternative arrangements may continue after the birth of the child if you return to work and are still considered to be at risk.
An employee who has any concerns about her own health or safety at any time should consult her manager immediately.
Where an employee is suspended from work on this basis then, assuming that you qualify for the statutory rights mentioned above and comply with the notification obligations, your period of maternity leave will normally start at the beginning of the sixth week before the expected week of childbirth. Assuming you are eligible for statutory maternity pay then at that stage payment for Statutory Maternity Pay as opposed to normal salary will start.