Family Friendly Policy
Part 1: Adoption, Maternity and Paternity Leave
AET HR 02 Review June 2014
Adopted and ratified by the Academies Enterprise Trust Board on: / June 2012Review Date: / June 2014
As defined by the AET Governance and Accountability Framework (ARCI)
Accountability: / AET Board
Responsibility: / AET Board
Local Board of Governors
Family Friendly Policy
Policy content
Part 1 – Adoption, Maternity and Paternity Leave
1.Introduction
2.Adoption Leave
2.1.Regulations......
2.2.Eligibility – Statutory Adoption Leave
2.3.Notification
2.4.Starting adoption leave
2.5.Overseas adoption
2.6.Statutory adoption leave
2.7.Statutory Adoption Pay
2.8.Entitlement – Statutory Adoption Pay (SAP)
2.9.Entitlement – Contractual Adoption Pay (CAP)
2.10.Contact during Adoption Leave
2.11.Keeping in Touch Days
2.12.Returning to Work
2.13.Flexible Working
3.Maternity Leave
3.1.New Regulations
3.2.Ante-natal Care
3.3.Notification of Pregnancy
3.4.Risk Assessment
3.5.Maternity Leave
3.6.Maternity Pay
3.7.Eligibility – Statutory Maternity Pay (SMP)
3.8.Calculation of Statutory Maternity Pay
3.9.Qualifying Conditions for Statutory Maternity Pay (SMP)
3.10.Contractual Maternity Pay (CMP)
3.11.Fixed Term Contracts
3.12.Absence attached to the end of Maternity Leave
3.13.Contact during Maternity Leave
3.14.Keeping in Touch Days
3.15.Miscarriage
3.16.Redundancies during Maternity Leave
3.17.Annual Leave for Support Staff
3.18.Returning to Work
3.19.Contractual status on return to work
3.20.Rest facilities and Breastfeeding
3.21.Not returning from Maternity Leave
3.22.Pension Contributions
3.23.Employing a woman during/immediately after maternity leave
3.24.Covering the Maternity Leave
4.Paternity Leave
4.1.Eligibility
4.2.Entitlement
4.3.Notice rules
4.4.Leave Commencement
4.5.Statutory Paternity Pay (SPP)
4.6.Miscarriage
4.7.Contractual Status
4.8.Maternity Support Leave
4.9.Adoption Support Leave
Part 2 - Flexible Working, Parental Leave and Time off for Dependants
5.Flexible Working Hours
5.1.Eligibility
5.2.Change in working pattern
5.3.Making an application
5.4.The decision
5.5.Time Limits
5.6.Refusal
5.7.Appeal
5.8.Right to be accompanied
5.9.Withdrawal
6.Parental Leave
6.1.Eligibility
6.2.Length of Parental Leave
6.3.Contractual Position
6.4.Requesting Parental Leave
6.5.Postponements
6.6.Transfer of Entitlement
6.7.Evidence
6.8.Recording Parental Leave
6.9.Sickness Absence
7.Time Off for Dependants
7.1.Eligibility
7.2.Definition of a Dependant
7.3.Circumstances for time off
7.4.Amount of time off
8.Monitoring And Review
Appendices
APPENDIX A
Adoption Leave Request Form
Notes
APPENDIX B
Sample Adoption Letter - Teachers with over 1 year of service
Sample Adoption Letter - Teachers with between 26 and 52 weeks service
Sample Adoption Letter – Support Staff with over 1 year service
Sample Adoption Letter - Support Staff with between 26 and 52 weeks service
APPENDIX C
Sample Maternity Letter - Teachers with less than 26 weeks service
Sample Maternity Letter - Teachers with between 26 and 52 weeks service
Maternity letter for Teaching Staff – Service of 1 year or over
Sample Maternity Letter - Support Staff with less than 26 weeks service
Sample Maternity Letter - Support Staff with between 26 and 52 weeks service
Sample Maternity letter –Support Staff with 1 or more years service
APPENDIX D
Keeping in Touch (Kit) Employee Record Sheet
APPENDIX E
Paternity Leave Application Form
Notes on Completing the Form
APPENDIX F
Flexible Working Diagram
APPENDIX G
Flexible Working Application Form
Flexible Working Extension of Time Limit Form
Flexible Working Acceptance Form
Flexible Working Refusal Form
Flexible Working Appeal Reply Form
APPENDIX H
Parental Leave Record Form
APPENDIX I………………………………………………………………………………………………………………………………………84
Glossary and Status of the Policy and Guidance…………………………………………………………………….84
1.Introduction
The Academy is committed to ensuring that it has family friendly policies as part of its commitment to being an employer of choice. This guidance covers:
- Adoption leave
- Maternity leave
- Paternity leave
- Flexible working
- Parental leave
- Time off for dependants.
2.Adoption Leave
Adoption Leave is a statutory entitlement for employees who have at least 26 weeks’ continuous Service with the AET by the week in which they are notified of being matched with a child/children. Adoption Leave is available to:
- individuals who adopt
- one member of a couple where a couple adopt jointly (the couple must choose which partner takes adoption leave)
The partner of an individual who adopts, or the other member of a couple who are adopting jointly, may be entitled to paternity leave and pay – see Paternity Leave (Section 6). Employees can only take one period of leave even if more than one child is placed for adoption at any one time.
2.1.Regulations
- The Work and Families Act 2006 introduced changes to the Adoption Leave and Pay Regulations for those employees adopting a child in the UK or from overseas. The Regulations make provision for:
- an adopter who meets the qualifying conditions based on her/his length of service and average earnings may claim up to 39 weeks Adoption Pay
- the notice an employee must give if returning to work before the end of her/his adoption leave is 8 weeks
- an employee may undertake up to 10 ‘Keeping in Touch Days’, during her/his adoption leave, allowing work to be undertaken under her/his contract of employment, this is in agreement with both the employer and employee.
2.2.Eligibility – Statutory Adoption Leave
To qualify for adoption leave the employee must:
- have been newly matched with a child for adoption by an approved adoption agency, i.e. bring the child or young person into the family for the first time (existing step parents or long term foster parents are not eligible);
- have notified the agency that it agrees that the child should be placed with her/him and the date of placement;
- have at least 26 weeks’ continuous service with the AET by the week in which s/he is notified of being matched with a child/children;
- notify the Academy of when s/he wants to take adoption leave no more than 7 days after s/he is notified that s/he has been matched with a child.
2.3.Notification
The employee must tell the Academy in writing within 7 days of being notified by her/his adoption agency of:
- the intention to take adoption leave;
- the date on which the child is expected to be placed for adoption;
- the date s/he intends to start her/his adoption leave.
The Requests for Adoption Leave form has been designed for this purpose. (See Appendix A).
Additionally, the employee will be required to provide documentary evidence of their intention to adopt from the adoption agency including:
- the name and address of the adoption agency;
- the date of notification of being matched with the child;
- the date on which the child is expected to be placed for adoption.
An employee who wishes to apply for adoption leave and pay must complete the Requests for Adoption Leave form (See Appendix A) and return this to the Principal within 28 days (where possible) of her/his intended start date.
Within 28 days of receiving the completed form, the Academy must write back to the employee confirming her/his entitlement. Model letters (See Appendix B) can be used for this purpose.
The employee must obtain an Adoption Matching certificate from the adoption agency. This needs to be attached to the Requests for Adoption Leave form.
2.4.Starting Adoption Leave
The earliest an employee can begin adoption leave is 14 days before the expected date of placement. Alternatively, an adopter (defined as a person who has been matched with a child for adoption or, if a couple have been matched jointly, the member of that couple who has chosen to take Adoption Leave and/or Statutory Adoption Pay (SAP))can choose to begin her/his leave and pay on:
- the date on which the child is placed for adoption; or
- a predetermined date, no more than 14 days before the expected date of adoption (and no later than the expected date of placement).
Leave can start on any day of the week and can only be taken in whole weeks. The employee can change the date on which s/he wants her/his leave to start as long as the Academy is given at least 28 days notice before the expected date of placement, or requested leave date.
2.5.Overseas Adoption
The right to adoption leave applies to both domestic and overseas adoptions. However, in the latter case special rules apply. In essence, the rights are the same, but the rules are modified so as to apply to cases where the child enters the UK on or after 1 April 2007, and the qualifying and notice rules are measured by reference to an Official Notification that the adopter has been approved, rather than an Adoption Matching certificate.
Official notification refers to a written notification, issued by or on behalf of the relevant domestic authority (usually the Department of Health), that it is prepared to issue a certificate to the overseas authority concerned with the adoption of a child, or has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt and has been assessed and approved as being a suitable adoptive parent.
2.6.Statutory Adoption Leave
An employee who qualifies for adoption leave is entitled to 26 weeks ordinary adoption leave followed immediately by up to 26 weeks additional adoption leave – a total of 52 weeks. An employee can only take one period of leave even if more than one child is placed for adoption at any one time.
2.7.Statutory Adoption Pay
To be eligible for Statutory Adoption Pay the employee must:
- notify the Principal of when s/he wants to receive Statutory Adoption Pay (SAP) at least 28 days before the date s/he wants it to begin
- have average weekly earnings at or above the Lower Earnings Limit for National Insurance purposes.
- been continuously employed by current employer for at least 26 weeks leading into the week of notification of being matched with a child. Current employer for SAP purposes means continuous employment at a maintained school or academy in Essex.
An employee who has average weekly earnings below the lower earnings limit for National Insurance contributions will not qualify for Statutory Adoption Pay (SAP) but may be entitled to benefits via Jobcentre Plus.
2.8.Entitlement – Statutory Adoption Pay (SAP)
An employee who meets the qualifying conditions based on her/his length of service and average earnings is entitled to 39 weeks Statutory Adoption Pay (SAP). The first 6 weeks will be paid at 90% of the employee’s average earnings. Weeks 7-39 will be paid at lower rate SAP. The remaining 13 weeks will be unpaid.
2.9.Entitlement – Contractual Adoption Pay (CAP)
The following pay provisions are a matter of policy and not an automatic statutory entitlement. Contractual adoption pay is different for teachers and support staff due to different terms and conditions of employment.
Where an employee has at least one year ofservice covered by the Local Government Modification Order(leading into the week in which s/he was notified of being matched to a child), s/he may be entitled to the following provisions:
Weeks / Pay / To Qualify(a) First 6 weeks – Support Staff / 90% of average weekly earnings, offset against payments made by way of SAP (if eligible) / An employee must have at least one year of service covered by the Local Government Modification Order(leading into the week in which s/he was notified of being matched to a child).
(ai) First 6 weeks –Teaching Staff / 4 weeks at full pay, followed by 2 weeks at 90% of average weekly earnings, offset against payments made by way of SAP (if eligible)
(b) Next 12 weeks* (Weeks 7 – 18) / 50% of the employee’s normal pay, in additionto payments by way of SAP (if eligible) as long as the SAP plus CAP does not exceed an employee’s normal pay, in which case pay will be reduced accordingly. / As above plus the employee must declare in writing that s/he intends to return to work following adoption leave.
(For an employee not intending to return to work, payments from Week 7 will only be the employee’s entitlement to SAP if eligible).
This is then followed by lower rate SAP (subject to entitlement) for Weeks 19 to 39. Weeks 40-52 are unpaid.
* To retain the 12 weeks at half pay the employee must return for a period of 13 weeks (teaching staff) or a period of 3 months (support staff) based on her/his contractual hours prior to/during adoption leave. Where an employee reduces her/his hours upon return to work, e.g. from full time to part time hours, or an existing part-time employee returning on reduced part time hours, the period of work required on return should equate to the 13 weeks/3 months at the previous level of hours. Academy closure periods count towards the 13 week/3 month calculation.
An employee who chooses to receive the half contractual pay for 12 weeks but does not return to work following adoption leave will be required to repay this money. S/he will however retain any Statutory Adoption Pay.
2.10.Contact during Adoption Leave
It is important during the employee’s adoption leave to maintain reasonable contact and keep her/him up to date with issues happening at the Academy. This could include information regarding key developments, training opportunities, job vacancies etc. It is important to discuss with the employee prior to the start of adoption leave how contact will be maintained during her/his absence; this could include contact via email or letter. The Principal also needs to discuss whether the Academy/employee wishes to use the Keeping in Touch Days.
2.11.Keeping in Touch Days
The Work and Families Act 2006 introduced Keeping in Touch (KIT) days to enable the employee to work for up to a maximum of 10 days during her/his adoption leave without losing statutory payments or ending her/his adoption leave. These KIT days are separate from the general contact which must be maintained during the absence.
The employee is not obliged to undertake the KIT days and the Academy does not have to offer them. The KIT days are not limited to the employee’s usual job; they could be used for training or other events. It may be helpful for the employee to use some KIT days to ease the return to work. Working for part of a day will count as one KIT day.
The Academy and the employee must both agree to the employee working these days and agree the arrangements including what s/he will be doing. If an employee undertakes KIT days s/he will be paid normal pay for actual hours worked on her/his return to work or at the end of the adoption leave. To ensure payment of KIT days, the Principal must make payroll arrangements.
KIT days can be taken at any point during the adoption leave. The employee’s adoption leave will not be extended due to the fact that s/he has carried out some work during this period.
KIT days should be recorded using the ‘Keeping in Touch Days claim form’ (See Appendix D). If the employee undertakes more than the 10 KIT days, s/he will lose a week of SAP for any week in which s/he does any work under her/his contract of employment. The whole weeks SAP will be lost even if s/he works only a few hours.
2.12.Returning to Work
The employee can return to work or change the date s/he intends to return from adoption leave as long as s/he gives 8 weeks notice to the Academy. If s/he returns at the end of the 52 weeks adoption leave and has not told the Academy that s/he wishes to come back at any other time, s/he does not need to provide any further notice.
If the employee attempts to return to work earlier than the end of the adoption leave period without giving the Academy eight weeks’ notice, the Academy may postpone the employee’s return until the full eight weeks notice has been given. However, the Academy may not postpone the return to a date later than the end of the adoption leave period.
An employee, who has notified the Academy that s/he wishes to return to work before the end of the full 52 weeks adoption leave, is entitled to change her/his mind. However, in these circumstances s/he should give the Academy notice of this new, later, date of return at least eight weeks before the earlier date.
An employee returning during or immediately after Ordinary Adoption Leave is entitled to return to her/his job on terms and conditions as if s/he had not been away. An employee returning during or immediately after Additional Adoption Leave is also entitled to return to her/his job on terms and conditions as if s/he had not been away unless, it is not reasonably practicable for her/him to return to the same job, in which case s/he is entitled to be offered a suitable alternative job on terms and conditions which are no less favourable.
If an employee moves from the Academy to a maintained school/Academy during/immediately after adoption leave, her/his statutory benefits continue and s/he is entitled to retain any contractual pay received for the first 6 weeks. The Academy that employed the person when s/he first started her/his adoption leave is responsible for these payments. However, the employee could be required to repay the 12 weeks half contractual pay before s/he leaves.