Wandsworth Council
Provisions for Employees with
Caring Responsibilities
Head of Corporate Services
Updated October 2003
CONTENTS
Chapter One – Maternity and Related Paternity Provisions
Page 4
Chapter Two – Adoption and Related Paternity Provisions
Page 54
Chapter Three – Parental Leave Provisions
Page 74
Chapter Four – Flexible Working Provisions
Page 77
Chapter Five – Dependants Leave Provisions
Page 84
2
INTRODUCTION
This booklet is a guide for Wandsworth Council employees who are either expecting a baby,
adopting a child, or have parental or dependant responsibilities. It includes information on your
entitlements to maternity, paternity, adoption, parental and dependant's leave, and where these
vary according to length of service.
This booklet is also a guide to your responsibilities towards the Council when taking up your
entitlements and the Council’s responsibilities towards you during this period of time.
The Council’s maternity, paternity, adoption, parental and dependant's leave provisions are
derived from a combination of statutory related entitlements; local government conditions of
service; and locally determined conditions of service which specifically apply to Wandsworth
staff.
In order to receive all of the benefits to which you are entitled you must comply with the
notification requirements set out in this guide. To help you these are indicated by the
symbol ✍.
3
CHAPTER ONE – MATERNITY AND RELATED PATERNITY PROVISIONS
SECTION ONE – FIRST STEPS
This section is for expectant mothers who are Wandsworth Council employees. Please refer the
expectant father, or your husband, or your partner, or your nominated carer to section seven if
they are employed by Wandsworth Council and require time off to care for your newborn child
or to support you at or around the time of childbirth.
1.1
Seeking Advice
✍
You should contact your line manager and departmental personnel officer if at any time
you are considering taking maternity leave. An appointment will be made for you to
discuss any questions you may have with your departmental personnel officer after you
have had an opportunity to study this booklet.
1.2
Health & Safety
One of the first steps will be to conduct a risk assessment to establish what risks, if any, are
posed to you and/or your baby whilst at work. Where such risks are identified, the Council will
take such steps as may be reasonably required to remove the risk. Information relating to your
pregnancy will remain confidential, in the early stages, if you so wish.
The Council has a Health and Safety responsibility to assess and keep under review the risks
specifically relating to new and expectant mothers at work. A new or expectant mother includes
an employee who is pregnant; an employee who has given birth or miscarried within the
previous 6 months; or one who is breastfeeding. In some cases it may be appropriate to make
adjustments to the work or to find alternative work for an employee elsewhere in the Council
during this time. If you are a new or expectant mother and you have concerns about undertaking
work of a particular kind please contact your departmental personnel officer.
1.3
Performance Related Pay Scheme (where applicable)
Once you have advised your manager of your pregnancy, your manager will arrange to meet with
you to review and, if appropriate, revise your PrP targets, taking into account your pending
absence due to maternity leave. This review can be undertaken either for an absence starting
later in the current 'PrP' year, (i.e. the financial year) or, in readiness for an absence which is
expected to begin after the start of the next 'PrP' year. Subsequently, as near as possible to the
actual date that you go on maternity leave, another meeting will take place at which your
manager will assess with you your achievement of the targets. The same arrangements will
apply on your return to work in relation to the remainder of that PrP year. Any PrP award
payable to you will be calculated by reference to your salary pro rata’d for the period during
which you were at work.
1.4
Ante-Natal Care
As an expectant mother you are entitled to time off with pay for ante-natal appointments you
attend on the advice of a doctor, a registered midwife or a registered health visitor.
4
✍
You must let your line manager know in advance of any ante-natal appointment and show
the appointment card as soon as you have it. Appointments, where possible, should be
made with service needs in mind, for example at the beginning or end of the day or at a
time when your absence will cause least disruption.
1.5
Expected Week of Childbirth (EWC)
It will be some time before you know your expected week of childbirth. However, when you are
20 weeks pregnant you will be able to ask for a MAT B1 certificate from your doctor or
midwife. This certificate indicates the week, beginning with midnight between Saturday and
Sunday, in which it is expected that you will give birth. This will then enable your entitlements
to be calculated.
✍
You must submit the original MAT B1 certificate to your line manager together with the
‘Notification of Maternity Leave’ form, attached at Appendix 1, no later than 28 days
before you wish your maternity leave to commence. Exceptionally, if this is not
reasonably practicable then notification should be made as soon as is reasonably
practicable. You are advised to take a photocopy of the MAT B1 for your own records.
1.6
Childbirth
Childbirth in the context of these guidelines means the birth of a child whether living or stillborn
after the start of the 25th week of pregnancy i.e. in the period from the beginning of the 16th
week before the EWC.
1.7
Entitlements based on Length of Service
All expectant mothers, regardless of length of service, are entitled to a minimum of 26 weeks
ordinary maternity leave and must not return to work for a compulsory maternity leave period of
2 weeks from the day on which childbirth took place. However, entitlement to maternity pay
and additional maternity leave depends on length of continuous service in relation to your
expected week of childbirth. The length of your continuous service will be taken as service
accrued up to the beginning of 11th and 14th week before the week in which your baby is due.
Counting 11 and 14 weeks backwards from the expected week of childbirth will therefore
provide you with two qualifying weeks as shown below. For the purposes of the above the
relevant week commences at midnight on the Saturday night/Sunday morning.
Number of weeks before baby is due
15
14
↑
13
12
11
↑
10
9
8
Qualifying week for Å Qualifying week
Å
Statutory Maternity
for Occupational
Pay (SMP), Statutory
Maternity Pay (OMP)
Paternity Pay (SPP) &
↑
*Additional Maternity
↑
leave.
↑
↑
↑
7
6
5
Å
Å
Å
(Must have 26 weeks
(Must have one year’s
continuous Wandsworth/ continuous local government service
*local government service before this week)
before this week)
5
4
Å
3
Å
2
Å
1
Å
Å
e.w.c.
↑
Week
baby is
due
Once the qualifying weeks are determined it will be possible to establish the benefits available to
you.
1.8
A summary of benefits available based on length of continuous service is shown
below. Please identify and then read the relevant sections for you.
If you have accrued less than 26 weeks continuous service with Wandsworth Council and less
than 26 weeks continuous local government service by the beginning of the 14th week before
the EWC you will be eligible for:•
26 weeks ordinary maternity leave – unpaid.
Please refer to Section Two.
or
If you have accrued less than 26 weeks continuous service with Wandsworth Council and
have 26 weeks continuous local government service by the beginning of the 14th week before
the EWC but less than one year’s local government service by the beginning of the 11th week
before the EWC you will be eligible for:•
26 weeks ordinary maternity leave – unpaid.
•
26 weeks additional maternity leave – unpaid.
•
An extension of the additional maternity leave period to 52 weeks from the week of
childbirth - unpaid.
Please refer to Section Three.
or
If you have accrued 26 weeks continuous service with Wandsworth Council by the beginning
of the 14th week before the EWC but have less than one year’s continuous local government
service by the beginning of the 11th week before the EWC you will be eligible for:•
26 weeks ordinary maternity leave.
•
26 weeks additional maternity leave – unpaid.
•
An extension of the additional maternity leave period to 52 weeks from the week of
childbirth - unpaid.
•
Up to 26 weeks Statutory Maternity Pay (SMP).
6
Please refer to Section Four.
or
If you have accrued less than 26 weeks continuous service with Wandsworth Council by the
beginning of the 14th week before the EWC but have one year’s continuous local government
service by the beginning of the 11th week before the EWC you will be eligible for:•
26 weeks ordinary maternity leave.
•
26 weeks additional maternity leave – unpaid.
•
An extension of the additional maternity leave period to 52 weeks from the week of
childbirth - unpaid.
•
Up to 18 weeks Occupational Maternity Pay (OMP).
Please refer to Section Five.
or
If you have accrued 26 weeks continuous service or more with Wandsworth Council by the
beginning of the 14th week before the EWC and have one year’s continuous local government
service by the beginning of the 11th week before the EWC you will be eligible for:•
26 weeks ordinary maternity leave.
•
26 weeks additional maternity leave – unpaid.
•
An extension of the additional maternity leave period to 52 weeks from the week of
childbirth - unpaid.
•
Up to 26 weeks Statutory Maternity Pay (SMP).
•
Up to 18 weeks Occupational Maternity Pay (OMP).
7
Please refer to Section Six.
SECTION TWO
2.1
This section is for expectant mothers who are Wandsworth Council employees with
less than 26 weeks continuous service with Wandsworth Council and less than 26 weeks
continuous local government service by the beginning of the 14th week before the EWC.
As such you are eligible for:•
26 weeks ordinary maternity leave - unpaid.
•
You will not be eligible to receive statutory maternity pay or occupational maternity pay.
However, you may be entitled to claim Maternity Allowance (MA) direct from the
Department of Social Security. The payroll section will send you the necessary form (SMP1)
to enable you to do this. You will need to have reached the 11th week before the EWC (or
have your baby before reaching the 11th week); and have been in employment as an
employed or self employed earner for at least 26 weeks in the previous 66 weeks ending with
the 15th week before the EWC and have paid relevant national insurance contributions for
that period to be able to make a claim for maternity allowance.
2.2
Ordinary Maternity Leave
Ordinary Maternity leave is a 'sliding' period of up to 26 weeks duration which you can choose to
begin at any time after the beginning of the 11th week before the EWC. However, the latest
possible day you can start this leave is the day following childbirth. Below are 3 examples of
how the 'sliding' 26 weeks period might operate if you were considering starting your maternity
leave at different times.
← weeks before childbirth due→←--------------------weeks from childbirth---------------------→
11
10
9
8
7
6
5
4
3
2 1 EWC
2 3
→
4
↑
9
10
→
15
16
→
20
↑
Start 11th week before EWC
21
→
26
Example 1
Ends 15th week from EWC
←----------------------------------------26 weeks -----------------------------------------→
Example 2
↑
↑
Start 5th week before EWC
Ends 21st week from EWC
←---------------------------------------26 weeks --------------------------------------→
Example 3
↑
↑
Start at EWC
Ends 26th week from EWC
←-----------------------------------26 weeks ------------------------------------→
2.3
Compulsory Maternity Leave
Under no circumstances will you be allowed to return to work in the 2 weeks period from the day
on which childbirth occurs. Only very exceptionally will this 2 weeks compulsory maternity
leave period fall outside the ordinary maternity leave period.
8
2.4
Annual Leave
Annual leave will accrue, at the normal rate, during the ordinary maternity leave period.
You will be encouraged to take the annual leave you have already accrued in the leave year prior
to the commencement of your maternity leave whenever possible. Any annual leave accrued
during the period of your maternity leave can, by agreement with your manager, be taken
immediately following the maternity leave period or may be used to shorten the unpaid maternity
leave period subject to notification requirements for maternity leave also being fulfilled. Once
you have commenced annual leave in this way, this will be regarded as a return to work.
If your maternity leave goes over the end of one leave year and into the next, then all the annual
leave outstanding will be carried forward into the next leave year.
2.5
Bank Holidays/Christmas Concessionary Day
Bank holidays and the Christmas concessionary day will accrue as they fall during the ordinary
maternity leave period, with a substitute day’s leave being provided on your return to work.
2.6
Sickness Absence during Pregnancy
If you are not already on maternity leave and are absent due to sickness you will receive
Occupational Sick Pay and Statutory Sick Pay subject to the normal arrangements which apply to
all employees. However, if you are absent for sickness reasons wholly or partly due to
pregnancy in the 4 weeks leading up to the EWC your maternity leave will automatically
commence from the day which follows the first day of sickness absence within that 4 week
period.
✍
If you are not already on maternity leave, in addition to the normal absence reporting
arrangements, you must notify your departmental personnel officer immediately if you
are absent due to sickness which is wholly or partly due to your pregnancy in the 4 weeks
leading up to the EWC. Such an absence will trigger the start of the maternity leave
period from the day which follows the first day of sickness absence within that 4 week
period.
✍
If a miscarriage occurs in the first 24 weeks of pregnancy, you will be required to submit
a medical certificate for any sickness absence which may result and will be considered to
be on sick leave. You will receive Occupational Sick Pay and Statutory Sick Pay subject
to the normal arrangements. However, if this occurs from the beginning of the 25th week
of pregnancy onwards you will be considered to have had a still birth and maternity leave
will automatically commence from the following day.
2.7
Notification of Start of Maternity Leave
✍
You must submit the original MAT B1 certificate to your line manager together with the
‘Notification of Maternity Leave’ form, attached at Appendix 1 (Forms A and A1), no
later than 28 days before you wish your maternity leave to commence. Exceptionally, if
this is not reasonably practicable then notification should be made as soon as is
9
reasonably practicable. You may vary the date you have advised that your maternity
leave will start provided you notify the variation at least 28 days before the date
originally notified, or 28 days before the new date, whichever is the earlier, or if that is
not reasonably practicable, as soon as is reasonably practicable. You are advised to take a
photocopy of the MAT B1 for your own records.
✍
If you are not already on maternity leave and you give birth, you must notify your
departmental personnel officer as soon as is possible as childbirth will automatically
trigger the commencement of maternity leave from the following day.
Within 28 days of receiving your ‘Notification of Maternity Leave’ form or, where this is not
received, within 28 days of your maternity leave period commencing, you will be informed of
the date on which your ordinary maternity leave period will end.
2.8
Notification of Date of Childbirth
✍
Your departmental personnel officer will write to you towards the end of your 26 weeks
ordinary maternity leave period asking you to provide him or her with the date your child
was born in writing. You may wish to do this by sending in a copy of your child’s birth
certificate.
2.9
Returning to Work
Unless there are exceptional circumstances, you are entitled to return to the job in which you
were employed prior to commencing maternity leave and be on no less favourable terms and
conditions of employment.
Unless you choose to return earlier, or have already advised that you will not be returning to
work following maternity leave, it will be assumed that you will return to work at the end of the
ordinary maternity leave period. Under no circumstances will you be allowed to return to work
in the 2 weeks period from the day on which childbirth occurs. However, you may return to
work as soon as you wish any time after the compulsory period subject to 7 days written notice.
✍
If you wish to return to work before the end of the ordinary maternity leave period you
must give 7 days written notice to your line manager by completing form A3, attached at
Appendix 2. Failure to give appropriate notice may result in the Council postponing your
return to work date to ensure there is appropriate notice or to delay your return until the
end of the additional maternity leave period, which ever is the earlier.
✍
If, due to sickness, whether pregnancy related or not, you are unable to attend for work at
the end of the ordinary maternity leave period, or any earlier date as notified by you, the
Council’s normal sickness arrangements will apply, and you will be regarded as having
returned to work.
You are encouraged, as is your line manager, to keep in touch during your maternity leave. This
will enable you to keep each other updated and for any developments affecting your return to
work to be discussed.
10
2.10
Return on Reduced Hours or other Flexible Working Arrangements
✍
Requests to return on reduced hours following maternity leave should be made in
writing to your line manager giving as much notice as is possible who will in turn contact
your departmental personnel officer. Although the right to return to work following
maternity leave relates to your original terms and conditions, any request for a change in
working arrangements will be carefully considered on a case by case basis. Please refer
to Chapter 4 of this booklet.
If you are considering reducing your hours you are advised to discuss the implications of this in
more detail with your departmental personnel officer and a pensions officer.
2.11
Probation
If you commence a period of maternity leave whilst in your probation period then your
probationary period will be extended to reflect the unserved period.
2.12
Redundancy
If during your ordinary maternity leave period it is not practicable by reason of redundancy to
continue to employ you under your existing contract of employment, then if there is a suitable
and available vacancy that is appropriate for you in the circumstances, you will be offered this
before your existing contract comes to an end and will take effect immediately on the ending of
the existing contract.
2.13
Resignation
✍
The ‘Notification of Maternity Leave’ form, attached at Appendix 1, has a section that
relates to resignation. You do not have to complete this section unless you wish to do so
and if you have decided, at an early stage during your pregnancy, that you do not wish to
return to work. If you decide to resign at a later stage during your maternity leave you
must confirm this in writing to your line manager, giving appropriate notice, and with a
copy to your departmental personnel officer.
In all cases of resignation any excess annual leave taken will need to be repaid.
2.14
Failure to Return to Work
If you fail to return to work following your maternity leave, and your absence is not authorised,
your absence may be treated as unauthorised and dealt with accordingly under the Employees’
Disciplinary Code. Failure to return to work may affect your employment rights.
2.15
Continuous Service
Paid maternity leave and authorised unpaid maternity leave is regarded as continuous service for
the purposes of the National Council’s Sickness Scheme and annual leave.
11
If you return to local government service following a break for maternity reasons or reasons
concerned with caring for children you will be entitled to have previous service taken into
account in respect of the sickness and maternity schemes provided that the break in service does
not exceed 8 years and that no permanent paid full time employment has intervened. For the
purpose of the calculation of entitlement to annual leave the eight years time limit does not apply
provided that no permanent full time employment has intervened.
2.16
Pension
If you are contributing to the Local Government Pension Scheme you are required to pay
pension contributions on all payments made to you during your maternity leave. Once no
payments are made to you, you have the option whether to pay the remaining contributions for
your unpaid maternity related absence.
✍
You may elect to do so either, within the first 30 days of the beginning of unpaid
maternity leave or within 30 days after the end of your maternity leave. The amount you
will pay is based on the rate of pay you were receiving immediately before the period of
unpaid absence. If you decide to pay the contributions you should write to the Pensions
Manager, Wandsworth Council, The Town Hall (Rm 70), Wandsworth High Street,
London, SW18 2PU, notifying him of your decision.
Please note that if you decide not to pay contributions, where you have the option not to pay,
then this period will not count for the purposes of calculating your pension benefits.
2.17
Car Allowances
Your departmental personnel officer will inform payroll of the date you commence and return
from your maternity leave. If you are in receipt of an essential car user allowance you will
continue to receive this in full for 26 weeks from the beginning of your maternity leave. The
monthly instalment of the lump sum payments will then be suspended and only become payable
again on your return to work.
2.18
Council Equipment
You will normally be asked by your manager to return any Council equipment such as mobile
phones, lap top computers, pagers and dictaphones at the commencement of your maternity leave
period. These will be returned to you following your maternity leave.
2.19
First Aid Allowance
First aid allowance is regarded as part of your normal salary and hence will be included in any
maternity pay you receive.
2.20
Annual Season Ticket Loans
You are advised to surrender your annual season ticket/travelcard at the commencement of your
maternity leave. Your ticket/travelcard can be handed in at the ticket office of the station at
which you bought it. The ticket office will in turn arrange for a proportion of the cost to be
reimbursed to the Council. Deductions will continue from your salary until reimbursement has
12
taken place. The balance remaining following reimbursement will be recouped from your salary
in the normal way or invoiced to you if you are not in receipt of pay.
If you do not surrender your season ticket and as a result of being on maternity leave you are not
in receipt of pay, you will be required to make alternative arrangements to cover the monthly
payment of the outstanding amount.
2.21
Car Loans
Car loan repayments are recouped by standing order to your bank account and hence will
continue during any period of paid or unpaid maternity leave. However, if you wish for them to
be held in abeyance until your return to work you should make a request to your departmental
personnel officer. If you do not return to work you will be invoiced for the outstanding amounts
as specified in the car loan documentation.
13
SECTION THREE
3.1
This section is for expectant mothers who are Wandsworth Council employees with
less than 26 weeks continuous service with Wandsworth Council and more than 26 weeks
continuous local government service by the beginning of the 14th week before the EWC but
less than one year’s local government service by the beginning of the 11th week before the
EWC. As such you will be eligible for:• 26 weeks ordinary maternity leave - unpaid.
• 26 weeks additional maternity leave to immediately follow the ordinary maternity leave
period – unpaid.
• An extension of the additional maternity leave period to 52 weeks from the week of
childbirth - unpaid.
• You will not be eligible to receive statutory maternity pay or occupational maternity pay.
However, you may be entitled to claim Maternity Allowance (MA) direct from the
Department of Social Security. The payroll section will send you the necessary form (SMP1)
to enable you to do this. You will need to have reached the 11th week before the EWC (or
have your baby before reaching the 11th week); and have been in employment as an
employed or self employed earner for at least 26 weeks in the previous 66 weeks ending with
the 15th week before the EWC and have paid relevant national insurance contributions for
that period to be able to make a claim for maternity allowance.
3.2
Maternity Leave
You are entitled to both ordinary and additional maternity leave and an extension to the
additional maternity leave period to 52 weeks from the week of childbirth.
3.3
Ordinary Maternity Leave
Ordinary Maternity leave is a sliding period of up to 26 weeks duration which you can choose to
begin at any time after the beginning of the 11th week before the EWC. However, the latest
possible day you can start this leave is the day following childbirth. Below are 3 examples of
how the sliding 26 weeks period might operate if you were considering starting your maternity
leave at different times.
← weeks before childbirth due→←--------------------weeks from childbirth---------------------→
11
10
9
8
7
6
5
4
3
2 1 EWC
2 3
4
↑
→
9
10
→
15
16
→
20
↑
Start 11th week before EWC
21
→
26
Example 1
Ends 15th week from EWC
←----------------------------------------26 weeks -----------------------------------------→
Example 2
↑
Start 5th week before EWC
↑
Ends 21st week from EWC
←---------------------------------------26 weeks --------------------------------------→
14
↑
Example 3
↑
Start at EWC
Ends 26th week from EWC
←-----------------------------------26 weeks ------------------------------------→
3.4
Additional Maternity Leave
Your additional maternity leave period will commence immediately following your ordinary
maternity leave period and will continue for a further 26 weeks.
←weeks before childbirth due→←-------------------weeks from childbirth----------------------→
11
10
9
8
7
6
5
4
3
2 1 EWC
You can start your 26 weeks
ordinary maternity leave period no
earlier than the 11th week before the
EWC.
EWC/
Week
of
Child
Birth
2
3
4
5
6
7
8
9
10
11
12
13
→41
Additional maternity leave commences immediately
following the ordinary maternity leave period and will
continue for a further 26 weeks.
←----------------------------------------------- 52 weeks -----------------------------------------------------------→
3.5
Extension to Additional Maternity Leave
You may if you wish extend the additional maternity leave period to 52 weeks from the week of
childbirth.
3.6
Compulsory Maternity Leave
Under no circumstances will you be allowed to return to work in the 2 weeks period from the day
on which childbirth occurs. Only very exceptionally will this 2 weeks compulsory maternity
leave period fall outside the ordinary maternity leave period.
3.7
Annual Leave
Annual leave will accrue, at the normal rate, during the ordinary, additional and extended
additional maternity leave period.
You will be encouraged to take the annual leave you have already accrued in the leave year prior
to the commencement of your maternity leave whenever possible. Any annual leave accrued
during the period of your maternity leave can, by agreement with your manager, be taken
immediately following the maternity leave period or may be used to shorten the unpaid maternity
leave period subject to notification requirements for maternity leave also being fulfilled. Once
you have commenced annual leave in this way, this will be regarded as a return to work.
If your maternity leave goes over the end of one leave year and into the next, then all the annual
leave outstanding will be carried forward into the next leave year.
3.8
Bank Holidays/Christmas Concessionary Day
Bank holidays and the Christmas concessionary day will accrue as they fall during the ordinary
maternity leave period, with a substitute day’s leave being provided on your return to work.
15
3.9
Sickness Absence during Pregnancy
If you are not already on maternity leave and are absent due to sickness you will receive
Occupational Sick Pay and Statutory Sick Pay subject to the normal arrangements which apply to
all employees. However, if you are absent for sickness reasons wholly or partly due to
pregnancy in the 4 weeks leading up to the EWC your maternity leave will automatically
commence from the day which follows the first day of sickness absence within that 4 week
period.
✍
If you are not already on maternity leave, in addition to the normal absence reporting
arrangements, you must notify your departmental personnel officer immediately if you
are absent due to sickness which is wholly or partly due to your pregnancy in the 4 weeks
leading up to the EWC. Such an absence will trigger the start of the maternity leave
period from the day which follows the first day of sickness absence within that 4 week
period.
✍
If a miscarriage occurs in the first 24 weeks of pregnancy, you will be required to submit
a medical certificate for any sickness absence which may result and will be considered to
be on sick leave. You will receive Occupational Sick Pay and Statutory Sick Pay subject
to the normal arrangements. However, if this occurs from the beginning of the 25th week
of pregnancy onwards you will be considered to have had a still birth and maternity leave
will automatically commence from the following day.
3.10
Notification of Start of Maternity Leave
✍
You must submit the original MAT B1 certificate to your line manager together with the
‘Notification of Maternity Leave’ form, attached at Appendix 1 (Forms A and A2), no
later than 28 days before you wish your maternity leave to commence. Exceptionally, if
this is not reasonably practicable then notification should be made as soon as is
reasonably practicable. You may vary the date you have advised that your maternity
leave will start provided you notify the variation at least 28 days before the date
originally notified, or 28 days before the new date, whichever is the earlier, or if that is
not reasonably practicable, as soon as is reasonably practicable. You are advised to take a
photocopy of the MAT B1 for your own records.
✍
If you are not already on maternity leave and you give birth, you must notify your
departmental personnel officer as soon as is possible as childbirth will automatically
trigger the commencement of maternity leave from the following day.
Within 28 days of receiving your ‘Notification of Maternity Leave’ form or, where this is not
received, within 28 days of your maternity leave period commencing, you will be informed of
the date on which your maternity leave period will end.
3.11
Notification of Date of Childbirth
✍
Your departmental personnel officer will write to you towards the end of your 26 weeks
ordinary maternity leave period asking you to provide him or her with the date your child
16
was born in writing. You may wish to do this by sending in a copy of your child’s birth
certificate. If you have opted for the extension to the additional maternity leave period to
52 weeks from the week of childbirth your departmental personnel officer will write to
you further to advise of your latest date of return.
3.12
Returning to Work
Unless there are exceptional circumstances, you are entitled to return to the job in which you
were employed prior to commencing maternity leave and be on no less favourable terms and
conditions of employment.
Unless you choose to return earlier, or have already advised that you will not be returning to
work following maternity leave, it will be assumed that you will return to work at the end of the
additional or extended additional maternity leave period. Under no circumstances will you be
allowed to return to work in the 2 weeks period from the day on which childbirth occurs.
However, you may return to work as soon as you wish any time after the compulsory period
subject to 21 days written notice.
✍
If you wish to return to work before the end of the additional or extended additional
maternity leave period you must give 21 days written notice to your line manager by
completing form A4, attached at Appendix 2a. Failure to give appropriate notice may
result in the Council postponing your return to work date to ensure there is appropriate
notice or to delay your return until the end of the additional maternity leave period, which
ever is the earlier.
✍
If, due to sickness, whether pregnancy related or not, you are unable to attend for work at
the end of the additional or extended additional maternity leave period, or any earlier date
as notified by you, the Council’s normal sickness arrangements will apply, and you will
be regarded as having returned to work.
You are encouraged, as is your line manager, to keep in touch during your maternity leave. This
will enable you to keep each other updated and for any developments affecting your return to
work to be discussed.
3.13
Return on Reduced Hours or other Flexible Working Arrangements
✍
Requests to return on reduced hours following maternity leave should be made in
writing to your line manager giving as much notice as is possible who will in turn contact
your departmental personnel officer. Although the right to return to work following
maternity leave relates to your original terms and conditions, any request for a change in
working arrangements will be carefully considered on a case by case basis. Please refer
to Chapter 4 of this booklet.
If you are considering reducing your hours you are advised to discuss the implications of this in
more detail with your departmental personnel officer and a pensions officer.
17
3.14
Probation
If you commence a period of maternity leave whilst in your probation period then your
probationary period will be extended to reflect the unserved period.
3.15
Redundancy
If during your maternity leave period it is not practicable by reason of redundancy to continue to
employ you under your existing contract of employment, then if there is a suitable and available
vacancy that is appropriate for you in the circumstances, you will be offered this before your
existing contract comes to an end and will take effect immediately on the ending of the existing
contract.
3.16
Resignation
✍
The ‘Notification of Maternity Leave’ form, attached at Appendix 1, has sections that
relate to return to work or resignation. You do not have to complete these sections unless
you wish to do so and the latter section should only be completed if you have decided, at
an early stage during your pregnancy, that you do not wish to return to work. If you
decide to resign at a later stage during your maternity leave you must confirm this in
writing to your line manager, giving appropriate notice, and with a copy to your
departmental personnel officer.
In all cases of resignation any excess annual leave taken will need to be repaid.
3.17
Failure to Return to Work
If you fail to return to work following your maternity leave, and your absence is not authorised,
your absence may be treated as unauthorised and dealt with accordingly under the Employees’
Disciplinary Code. Failure to return to work may affect your employment rights.
3.18
Continuous Service
Paid maternity leave and authorised unpaid maternity leave is regarded as continuous service for
the purposes of the National Council’s Sickness Scheme and annual leave.
If you return to local government service following a break for maternity reasons or reasons
concerned with caring for children you will be entitled to have previous service taken into
account in respect of the sickness and maternity schemes provided that the break in service does
not exceed 8 years and that no permanent paid full time employment has intervened. For the
purpose of the calculation of entitlement to annual leave the eight years time limit does not apply
provided that no permanent full time employment has intervened.
3.19
Pension
If you are contributing to the Local Government Pension Scheme you are required to pay
pension contributions on all payments made to you during your maternity leave. Once no
18
payments are made to you, you have the option whether to pay the remaining contributions for
your unpaid maternity related absence.
✍
You may elect to do so either, within the first 30 days of the beginning of unpaid
maternity leave or within 30 days after the end of your maternity leave. The amount you
will pay is based on the rate of pay you were receiving immediately before the period of
unpaid absence. If you decide to pay the contributions you should write to the Pensions
Manager, Wandsworth Council, The Town Hall (Rm 70), Wandsworth High Street,
London, SW18 2PU, notifying him of your decision.
Please note that if you decide not to pay contributions, where you have the option not to pay,
then this period will not count for the purposes of calculating your pension benefits.
3.20
Car Allowances
Your departmental personnel officer will inform payroll of the date you commence and return
from your maternity leave. If you are in receipt of an essential car user allowance you will
continue to receive this in full for 26 weeks from the beginning of your maternity leave. The
monthly instalment of the lump sum payments will then be suspended and only become payable
again on your return to work.
3.21
Council Equipment
You will normally be asked by your manager to return any Council equipment to them such as
mobile phones, lap top computers, pagers and dictaphones at the commencement of your
maternity leave period. These will be returned to you following your maternity leave.
3.22
First Aid Allowance
First aid allowance is regarded as part of your normal salary and hence will be included in any
maternity pay you receive.
3.23
Annual Season Ticket Loans
You are advised to surrender your annual season ticket/travelcard at the commencement of your
maternity leave. Your ticket/travelcard can be handed in at the ticket office of the station at
which you bought it. The ticket office will in turn arrange for a proportion of the cost to be
reimbursed to the Council. Deductions will continue from your salary until reimbursement has
taken place. The balance remaining following reimbursement will be recouped from your salary
in the normal way or invoiced to you if you are not in receipt of pay.
If you do not surrender your season ticket and as a result of being on maternity leave you are not
in receipt of pay, you will be required to make alternative arrangements to cover the monthly
payment of the outstanding amount.
3.24
Car Loans
Car loan repayments are recouped by standing order to your bank account and hence will
continue during any period of paid or unpaid maternity leave. However, if you wish for them to
19
be held in abeyance until your return to work you should make a request to your departmental
personnel officer. If you do not return to work you will be invoiced for the outstanding amounts
as specified in the car loan documentation.
20
SECTION FOUR
4.1
This section is for expectant mothers who are Wandsworth Council employees with
26 weeks continuous service with Wandsworth Council by the beginning of the 14th week
before the EWC but less than one year's local government service by the beginning of the
11th week before the EWC. As such you will be eligible for:• 26 weeks ordinary maternity leave.
• 26 weeks additional maternity leave to immediately follow the ordinary maternity leave
period – unpaid.
• An extension of the additional maternity leave period to 52 weeks from the week of
childbirth – unpaid.
• Up to 26 weeks Statutory Maternity Pay (SMP) if you have average weekly earnings of not
less than the lower earnings limit for the payment of National Insurance Contributions (£75
for the tax year 2002/2003). This will be 6 weeks at 90% of the average pay you earned in
the 8 weeks ending with the 15th week before the EWC and 20 more weeks standard SMP
(£75 for the tax year 2002/2003, £100 for the tax year 2003/2004 or 90% of average earnings
if this is less). SMP is paid to you by the Council on behalf of the Government. SMP will
stop earlier than 26 weeks if during this period you: work for another employer after your
baby is born; go outside the European Union; or are taken into legal custody. (Please note
that SMP is paid for complete weeks only from Sunday to Saturday (except in cases of
maternity leave being triggered by sickness or childbirth). Failure to commence maternity
leave on a Sunday may in certain cases result in a loss of SMP. You are therefore
encouraged to commence your maternity leave on a Sunday and, if necessary, request annual
leave to achieve this.)
Maternity pay is paid to you on your usual pay date in the same way as your wages or salary.
4.2
Maternity Leave
You are entitled to both ordinary and additional maternity leave and an extension to the
additional maternity leave period to 52 weeks from the week of childbirth.
4.3
Ordinary Maternity Leave
Ordinary Maternity leave is a sliding period of up to 26 weeks duration which you can choose to
begin at any time after the beginning of the 11th week before the EWC. However, the latest
possible day you can start this leave is the day following childbirth. Below are 3 examples of
how the sliding 26 weeks period might operate if you were considering starting your maternity
leave at different times.
21
← weeks before childbirth due→←--------------------weeks from childbirth---------------------→
11
10
9
8
7
6
5
4
3
2 1 EWC
2 3
4
→
9
→
10
↑
15
16
→
20
↑
Start 11th week before EWC
→
21
26
Example 1
Ends 15th week from EWC
←----------------------------------------26 weeks -----------------------------------------→
↑
Example 2
↑
Start 5th week before EWC
Ends 21st week from EWC
←---------------------------------------26 weeks --------------------------------------→
↑
Example 3
↑
Start at EWC
Ends 26th week from EWC
←-----------------------------------26 weeks ------------------------------------→
4.4
Additional Maternity Leave
Your additional maternity leave period will commence immediately following your ordinary
maternity leave period and will continue for a further 26 weeks.
←weeks before childbirth due→←-------------------weeks from childbirth----------------------→
11
10
9
8
7
6
5
4
3
2 1 EWC
You can start your 26 weeks
ordinary maternity leave period no
earlier than the 11th week before the
EWC.
EWC/
Week
of
Child
Birth
2 3
4
5
6
7
8
9
10
11
12
13
→41
Additional maternity leave commences immediately
following the ordinary maternity leave period and will
continue for a further 26 weeks.
←----------------------------------------------- 52 weeks -----------------------------------------------------------→
4.5
Extension to Additional Maternity Leave
You may if you wish extend the additional maternity leave period to 52 weeks from the week of
childbirth.
4.6
Compulsory Maternity Leave
Under no circumstances will you be allowed to return to work in the 2 weeks period from the day
on which childbirth occurs. Only very exceptionally will this 2 weeks compulsory maternity
leave period fall outside the ordinary maternity leave period.
4.7
Annual Leave
Annual leave will accrue, at the normal rate, during the ordinary, additional and extended
additional maternity leave period.
22
You will be encouraged to take the annual leave you have already accrued in the leave year prior
to the commencement of your maternity leave whenever possible. Any annual leave accrued
during the period of your maternity leave can, by agreement with your manager, be taken
immediately following the maternity leave period or may be used to shorten the unpaid maternity
leave period subject to notification requirements for maternity leave also being fulfilled. Once
you have commenced annual leave in this way, this will be regarded as a return to work.
If your maternity leave goes over the end of one leave year and into the next, then all the annual
leave outstanding will be carried forward into the next leave year.
4.8
Bank Holidays/Christmas Concessionary Day
Bank holidays and the Christmas concessionary day will accrue as they fall during the ordinary
maternity leave period, with a substitute day’s leave being provided on your return to work.
4.9
Sickness Absence during Pregnancy
If you are not already on maternity leave and are absent due to sickness you will receive
Occupational Sick Pay and Statutory Sick Pay subject to the normal arrangements which apply to
all employees. However, if you are absent for sickness reasons wholly or partly due to
pregnancy in the 4 weeks leading up to the EWC your maternity leave will automatically
commence from the day which follows the first day of sickness absence within that 4 week
period.
✍
If you are not already on maternity leave, in addition to the normal absence reporting
arrangements, you must notify your departmental personnel officer immediately if you
are absent due to sickness which is wholly or partly due to your pregnancy in the 4 weeks
leading up to the EWC. Such an absence will trigger the start of the maternity leave
period from the day which follows the first day of sickness absence within that 4 week
period.
✍
If a miscarriage occurs in the first 24 weeks of pregnancy, you will be required to submit
a medical certificate for any sickness absence which may result and will be considered to
be on sick leave. You will receive Occupational Sick Pay and Statutory Sick Pay subject
to the normal arrangements. However, if this occurs from the beginning of the 25th week
of pregnancy onwards you will be considered to have had a still birth and maternity leave
will automatically commence from the following day.
4.10
Notification of Start of Maternity Leave
✍
You must submit the original MAT B1 certificate to your line manager together with the
‘Notification of Maternity Leave’ form, attached at Appendix 1 (Forms A and A2), no
later than 28 days before you wish your maternity leave to commence. Exceptionally, if
this is not reasonably practicable then notification should be made as soon as is
reasonably practicable. You may vary the date you have advised that your maternity
leave will start provided you notify the variation at least 28 days before the date
originally notified, or 28 days before the new date, whichever is the earlier, or if that is
not reasonably practicable, as soon as is reasonably practicable. You are advised to take a
photocopy of the MAT B1 for your own records.
23
✍
If you are not already on maternity leave and you give birth, you must notify your
departmental personnel officer as soon as is possible as childbirth will automatically
trigger the commencement of maternity leave from the following day.
Within 28 days of receiving your ‘Notification of Maternity Leave’ form or, where this is not
received, within 28 days of your maternity leave period commencing, you will be informed of
the date on which your maternity leave period will end.
4.11
Notification of Date of Childbirth
✍
Your departmental personnel officer will write to you towards the end of your 26 weeks
ordinary maternity leave period asking you to provide him or her with the date your child
was born in writing. You may wish to do this by sending in a copy of your child’s birth
certificate. If you have opted for the extension to the additional maternity leave period to
52 weeks from the week of childbirth your departmental personnel officer will write to
you further to advise of your latest date of return.
4.12
Returning to Work
Unless there are exceptional circumstances, you are entitled to return to the job in which you
were employed prior to commencing maternity leave and be on no less favourable terms and
conditions of employment.
Unless you choose to return earlier, or have already advised that you will not be returning to
work following maternity leave, it will be assumed that you will return to work at the end of the
additional or extended additional maternity leave period. Under no circumstances will you be
allowed to return to work in the 2 weeks period from the day on which childbirth occurs.
However, you may return to work as soon as you wish any time after the compulsory period
subject to 21 days written notice.
✍
If you wish to return to work before the end of the additional or extended additional
maternity leave period you must give 21 days written notice to your line manager by
completing form A4, attached at Appendix 2a. Failure to give appropriate notice may
result in the Council postponing your return to work date to ensure there is appropriate
notice or to delay your return until the end of the additional maternity leave period, which
ever is the earlier.
✍
If, due to sickness, whether pregnancy related or not, you are unable to attend for work at
the end of the additional or extended additional maternity leave period, or any earlier date
as notified by you, the Council’s normal sickness arrangements will apply, and you will
be regarded as having returned to work.
You are encouraged, as is your line manager, to keep in touch during your maternity leave. This
will enable you to keep each other updated and for any developments affecting your return to
work to be discussed.
24
4.13
Return on Reduced Hours or other Flexible Working Arrangements
✍
Requests to return on reduced hours following maternity leave should be made in
writing to your line manager giving as much notice as is possible who will in turn contact
your departmental personnel officer. Although the right to return to work following
maternity leave relates to your original terms and conditions, any request for a change in
working arrangements will be carefully considered on a case by case basis. Please refer
to Chapter 4 of this booklet.
If you are considering reducing your hours you are advised to discuss the implications of this in
more detail with your departmental personnel officer and a pensions officer.
4.14
Probation
If you commence a period of maternity leave whilst in your probation period then your
probationary period will be extended to reflect the unserved period.
4.15
Redundancy
If during your maternity leave period it is not practicable by reason of redundancy to continue to
employ you under your existing contract of employment, then if there is a suitable and available
vacancy that is appropriate for you in the circumstances, you will be offered this before your
existing contract comes to an end and will take effect immediately on the ending of the existing
contract.
4.16
Resignation
✍
The ‘Notification of Maternity Leave’ form, attached at Appendix 1, has sections that
relate to return to work or resignation. You do not have to complete these sections unless
you wish to do so and the latter section should only be completed if you have decided, at
an early stage during your pregnancy, that you do not wish to return to work. If you
decide to resign at a later stage during your maternity leave you must confirm this in
writing to your line manager, giving appropriate notice, and with a copy to your
departmental personnel officer.
In all cases of resignation any excess annual leave taken will need to be repaid.
4.17
Failure to Return to Work
If you fail to return to work following your maternity leave, and your absence is not authorised,
your absence may be treated as unauthorised and dealt with accordingly under the Employees’
Disciplinary Code. Failure to return to work may affect your employment rights.
4.18
Continuous Service
Paid maternity leave and authorised unpaid maternity leave is regarded as continuous service for
the purposes of the National Council’s Sickness Scheme and annual leave.
25
If you return to local government service following a break for maternity reasons or reasons
concerned with caring for children you will be entitled to have previous service taken into
account in respect of the sickness and maternity schemes provided that the break in service does
not exceed 8 years and that no permanent paid full time employment has intervened. For the
purpose of the calculation of entitlement to annual leave the eight years time limit does not apply
provided that no permanent full time employment has intervened.
4.19
Pension
If you are contributing to the Local Government Pension Scheme you are required to pay
pension contributions on all payments made to you during your maternity leave. Once no
payments are made to you, you have the option whether to pay the remaining contributions for
your unpaid maternity related absence.
✍
You may elect to do so either, within the first 30 days of the beginning of unpaid
maternity leave or within 30 days after the end of your maternity leave. The amount you
will pay is based on the rate of pay you were receiving immediately before the period of
unpaid absence. If you decide to pay the contributions you should write to the Pensions
Manager, Wandsworth Council, The Town Hall (Rm 70), Wandsworth High Street,
London, SW18 2PU, notifying him of your decision.
Please note that if you decide not to pay contributions, where you have the option not to pay,
then this period will not count for the purposes of calculating your pension benefits.
4.20
Car Allowances
Your departmental personnel officer will inform payroll of the date you commence and return
from your maternity leave. If you are in receipt of an essential car user allowance you will
continue to receive this in full for 26 weeks from the beginning of your maternity leave. The
monthly instalment of the lump sum payments will then be suspended and only become payable
again on your return to work.
4.21
Council Equipment
You will normally be asked by your manager to return any Council equipment to them such as
mobile phones, lap top computers, pagers and dictaphones at the commencement of your
maternity leave period. These will be returned to you following your maternity leave.
4.22
First Aid Allowance
First aid allowance is regarded as part of your normal salary and hence will be included in any
maternity pay you receive.
4.23
Annual Season Ticket Loans
You are advised to surrender your annual season ticket/travelcard at the commencement of your
maternity leave. Your ticket/travelcard can be handed in at the ticket office of the station at
26
which you bought it. The ticket office will in turn arrange for a proportion of the cost to be
reimbursed to the Council. Deductions will continue from your salary until reimbursement has
taken place. The balance remaining following reimbursement will be recouped from your salary
in the normal way or invoiced to you if you are not in receipt of pay.
If you do not surrender your season ticket and as a result of being on maternity leave you are not
in receipt of pay, you will be required to make alternative arrangements to cover the monthly
payment of the outstanding amount.
4.24
Car Loans
Car loan repayments are recouped by standing order to your bank account and hence will
continue during any period of paid or unpaid maternity leave. However, if you wish for them to
be held in abeyance until your return to work you should make a request to your departmental
personnel officer. If you do not return to work you will be invoiced for the outstanding amounts
as specified in the car loan documentation.
27
SECTION FIVE
5.1
This section is for expectant mothers who are Wandsworth Council employees with
less than 26 weeks continuous service with Wandsworth Council by the beginning of the
14th week before the EWC but who have one year’s local government service by the
beginning of the 11th week before the EWC. As such you will be eligible for:• 26 weeks ordinary maternity leave.
• 26 weeks additional maternity leave to immediately follow the ordinary maternity leave
period – unpaid.
• An extension of the additional maternity leave period to 52 weeks from the week of
childbirth – unpaid.
• Occupational Maternity Pay (OMP) at a rate of 9/10ths of a normal week’s pay (offset
against payments made by way of SMP or maternity allowance (see page 8) for employees
not eligible for SMP) for the first 6 weeks of maternity leave.
• On the understanding that you will be returning to work for at least 3 months immediately
following maternity leave you shall receive, for the subsequent 12 weeks (weeks 7-18), OMP
of half a week’s normal pay without deduction except by the extent to which the combined
pay and SMP (or maternity allowance and any dependants’ allowances if you are not eligible
for SMP) exceeds full pay. However, if you do not return to local authority employment
following maternity leave for a continuous period of at least 3 months the 12 weeks half pay,
is refundable to the Council. Therefore, if you are unclear as to whether you will be
returning to work following maternity leave you may, if you wish, make a request to the
Payroll Section that this payment be deferred and paid to you in the form of a lump sum on
your return.
Maternity pay is paid to you on your usual pay date in the same way as your wages or salary.
5.2
Maternity Leave
You are entitled to both ordinary and additional maternity leave and an extension to the
additional maternity leave period to 52 weeks from the week of childbirth.
5.3
Ordinary Maternity Leave
Ordinary Maternity leave is a sliding period of up to 26 weeks duration which you can choose to
begin at any time after the beginning of the 11th week before the EWC. However, the latest
possible day you can start this leave is the day following childbirth. Below are 3 examples of
how the sliding 26 weeks period might operate if you were considering starting your maternity
leave at different times.
28
← weeks before childbirth due→←--------------------weeks from childbirth---------------------→
11
10
9
8
7
6
5
4
3
2 1 EWC
2 3
4
→
9
→
10
↑
15
→
16
20
↑
Start 11th week before EWC
→
21
26
Example 1
Ends 15th week from EWC
←----------------------------------------26 weeks -----------------------------------------→
↑
Example 2
↑
Start 5th week before EWC
Ends 21st week from EWC
←---------------------------------------26 weeks --------------------------------------→
↑
Example 3
↑
Start at EWC
Ends 26th week from EWC
←-----------------------------------26 weeks ------------------------------------→
5.4
Additional Maternity Leave
Your additional maternity leave period will commence immediately following your ordinary
maternity leave period and will continue for a further 26 weeks.
←weeks before childbirth due→←-------------------weeks from childbirth----------------------→
11
10
9
8
7
6
5
4
3
2 1 EWC
You can start your 26 weeks
ordinary maternity leave period no
earlier than the 11th week before the
EWC.
EWC/
Week
of
Child
Birth
2 3
4
5
6
7
8
9
10
11
12
13
→41
Additional maternity leave commences immediately
following the ordinary maternity leave period and will
continue for a further 26 weeks.
←----------------------------------------------- 52 weeks -----------------------------------------------------------→
5.5
Extension to Additional Maternity Leave
You may if you wish extend the additional maternity leave period to 52 weeks from the week of
childbirth.
5.6
Compulsory Maternity Leave
Under no circumstances will you be allowed to return to work in the 2 weeks period from the day
on which childbirth occurs. Only very exceptionally will this 2 weeks compulsory maternity
leave period fall outside the ordinary maternity leave period.
5.7
Annual Leave
Annual leave will accrue, at the normal rate, during the ordinary, additional and extended
additional maternity leave period.
You will be encouraged to take the annual leave you have already accrued in the leave year prior
to the commencement of your maternity leave whenever possible. Any annual leave accrued
29
during the period of your maternity leave can, by agreement with your manager, be taken
immediately following the maternity leave period or may be used to shorten the unpaid maternity
leave period subject to notification requirements for maternity leave also being fulfilled. Once
you have commenced annual leave in this way, this will be regarded as a return to work.
If your maternity leave goes over the end of one leave year and into the next, then all the annual
leave outstanding will be carried forward into the next leave year.
5.8
Bank Holidays/Christmas Concessionary Day
Bank holidays and the Christmas concessionary day will accrue as they fall during the ordinary
maternity leave period, with a substitute day’s leave being provided on your return to work.
5.9
Sickness Absence during Pregnancy
If you are not already on maternity leave and are absent due to sickness you will receive
Occupational Sick Pay and Statutory Sick Pay subject to the normal arrangements which apply to
all employees. However, if you are absent for sickness reasons wholly or partly due to
pregnancy in the 4 weeks leading up to the EWC your maternity leave will automatically
commence from the day which follows the first day of sickness absence within that 4 week
period.
✍
If you are not already on maternity leave, in addition to the normal absence reporting
arrangements, you must notify your departmental personnel officer immediately if you
are absent due to sickness which is wholly or partly due to your pregnancy in the 4 weeks
leading up to the EWC. Such an absence will trigger the start of the maternity leave
period from the day which follows the first day of sickness absence within that 4 week
period.
✍
If a miscarriage occurs in the first 24 weeks of pregnancy, you will be required to submit
a medical certificate for any sickness absence which may result and will be considered to
be on sick leave. You will receive Occupational Sick Pay and Statutory Sick Pay subject
to the normal arrangements. However, if this occurs from the beginning of the 25th week
of pregnancy onwards you will be considered to have had a still birth and maternity leave
will automatically commence from the following day.
5.10
Notification of Start of Maternity Leave
✍
You must submit the original MAT B1 certificate to your line manager together with the
‘Notification of Maternity Leave’ form, attached at Appendix 1 (Forms A and A2), no
later than 28 days before you wish your maternity leave to commence. Exceptionally, if
this is not reasonably practicable then notification should be made as soon as is
reasonably practicable. You may vary the date you have advised that your maternity
leave will start provided you notify the variation at least 28 days before the date
originally notified, or 28 days before the new date, whichever is the earlier, or if that is
not reasonably practicable, as soon as is reasonably practicable. You are advised to take a
photocopy of the MAT B1 for your own records.
30
✍
If you are not already on maternity leave and you give birth, you must notify your
departmental personnel officer as soon as is possible as childbirth will automatically
trigger the commencement of maternity leave from the following day.
Within 28 days of receiving your ‘Notification of Maternity Leave’ form or, where this is not
received, within 28 days of your maternity leave period commencing, you will be informed of
the date on which your maternity leave period will end.
5.11
Notification of Date of Childbirth
✍
Your departmental personnel officer will write to you towards the end of your 26 weeks
ordinary maternity leave period asking you to provide him or her with the date your child
was born in writing. You may wish to do this by sending in a copy of your child’s birth
certificate. If you have opted for the extension to the additional maternity leave period
to 52 weeks from the week of childbirth your departmental personnel officer will write to
you further to advise of your latest date of return.
5.12
Returning to Work
Unless there are exceptional circumstances, you are entitled to return to the job in which you
were employed prior to commencing maternity leave and be on no less favourable terms and
conditions of employment.
Unless you choose to return earlier, or have already advised that you will not be returning to
work following maternity leave, it will be assumed that you will return to work at the end of the
additional or extended additional maternity leave period. Under no circumstances will you be
allowed to return to work in the 2 weeks period from the day on which childbirth occurs.
However, you may return to work as soon as you wish any time after the compulsory period
subject to 21 days written notice.
✍
If you wish to return to work before the end of the additional or extended additional
maternity leave period you must give 21 days written notice to your line manager by
completing form A4, attached at Appendix 2a. Failure to give appropriate notice may
result in the Council postponing your return to work date to ensure there is appropriate
notice or to delay your return until the end of the additional maternity leave period, which
ever is the earlier.
✍
If, due to sickness, whether pregnancy related or not, you are unable to attend for work at
the end of the additional or extended additional maternity leave period, or any earlier date
as notified by you, the Council’s normal sickness arrangements will apply, and you will
be regarded as having returned to work.
If you declare an intention to return to work immediately following maternity leave you will
receive, for 12 weeks, OMP of half a week’s normal pay without deduction except by the extent
to which the combined pay and SMP (or maternity allowance and any dependants’ allowances if
you are not eligible for SMP) exceeds full pay. If you do not return to local authority
employment for a continuous period of not less than 3 months immediately following maternity
leave the 12 weeks OMP will be refundable to the Council. Therefore, if you are unclear as to
31
whether you will be returning to work following maternity leave you may, if you wish, make a
request to the Payroll Section that this payment be deferred and paid to you in the form of a lump
sum on your return.
You are encouraged, as is your line manager, to keep in touch during your maternity leave. This
will enable you to keep each other updated and for any developments affecting your return to
work to be discussed.
5.13
Return on Reduced Hours or other Flexible Working Arrangements
✍
Requests to return on reduced hours following maternity leave should be made in
writing to your line manager giving as much notice as is possible who will in turn contact
your departmental personnel officer. Although the right to return to work following
maternity leave relates to your original terms and conditions, any request for a change in
working arrangements will be carefully considered on a case by case basis. Please refer
to Chapter 4 of this booklet.
If you are considering reducing your hours you are advised to discuss the implications of this in
more detail with your departmental personnel officer and a pensions officer.
5.14
Probation
If you commence a period of maternity leave whilst in your probation period then your
probationary period will be extended to reflect the unserved period.
5.15
Redundancy
If during your maternity leave period it is not practicable by reason of redundancy to continue to
employ you under your existing contract of employment, then if there is a suitable and available
vacancy that is appropriate for you in the circumstances, you will be offered this before your
existing contract comes to an end and will take effect immediately on the ending of the existing
contract.
5.16
Resignation
✍
The ‘Notification of Maternity Leave’ form, attached at Appendix 1, has sections that
relate to return to work or resignation. You do not have to complete these sections unless
you wish to do so and the latter section should only be completed if you have decided, at
an early stage during your pregnancy, that you do not wish to return to work. If you
decide to resign at a later stage during your maternity leave you must confirm this in
writing to your line manager, giving appropriate notice, and with a copy to your
departmental personnel officer.
In all cases of resignation any excess annual leave taken will need to be repaid.
If you received OMP of 12 weeks half pay and have not returned to Wandsworth Council for at
least 3 months immediately following maternity leave the 12 weeks OMP will be refundable to
the Council. However, if you commence work with another local authority (immediately
32
following maternity leave) you should inform your Departmental Personnel Section. OMP will
not be reclaimed from you if it is confirmed by the new local authority that you have maintained
continuous local government service for at least 3 months.
5.17
Failure to Return to Work
If you fail to return to work following your maternity leave, and your absence is not authorised,
your absence may be treated as unauthorised and dealt with accordingly under the Employees’
Disciplinary Code. Failure to return to work may affect your employment rights.
5.18
Continuous Service
Paid maternity leave and authorised unpaid maternity leave is regarded as continuous service for
the purposes of the National Council’s Sickness Scheme and annual leave.
If you return to local government service following a break for maternity reasons or reasons
concerned with caring for children you will be entitled to have previous service taken into
account in respect of the sickness and maternity schemes provided that the break in service does
not exceed 8 years and that no permanent paid full time employment has intervened. For the
purpose of the calculation of entitlement to annual leave the eight years time limit does not apply
provided that no permanent full time employment has intervened.
5.19
Pension
If you are contributing to the Local Government Pension Scheme you are required to pay
pension contributions on all payments made to you during your maternity leave. Once no
payments are made to you, you have the option whether to pay the remaining contributions for
your unpaid maternity related absence.
✍
You may elect to do so either, within the first 30 days of the beginning of unpaid
maternity leave or within 30 days after the end of your maternity leave. The amount you
will pay is based on the rate of pay you were receiving immediately before the period of
unpaid absence. If you decide to pay the contributions you should write to the Pensions
Manager, Wandsworth Council, The Town Hall (Rm 70), Wandsworth High Street,
London, SW18 2PU, notifying him of your decision.
Please note that if you decide not to pay contributions, where you have the option not to pay,
then this period will not count for the purposes of calculating your pension benefits.
5.20
Car Allowances
Your departmental personnel officer will inform payroll of the date you commence and return
from your maternity leave. If you are in receipt of an essential car user allowance you will
continue to receive this in full for 26 weeks from the beginning of your maternity leave. The
monthly instalment of the lump sum payments will then be suspended and only become payable
again on your return to work.
33
5.21
Council Equipment
You will normally be asked by your manager to return any Council equipment to them such as
mobile phones, lap top computers, pagers and dictaphones at the commencement of your
maternity leave period. These will be returned to you following your maternity leave.
5.22
First Aid Allowance
First aid allowance is regarded as part of your normal salary and hence will be included in any
maternity pay you receive.
5.23
Annual Season Ticket Loans
You are advised to surrender your annual season ticket/travelcard at the commencement of your
maternity leave. Your ticket/travelcard can be handed in at the ticket office of the station at
which you bought it. The ticket office will in turn arrange for a proportion of the cost to be
reimbursed to the Council. Deductions will continue from your salary until reimbursement has
taken place. The balance remaining following reimbursement will be recouped from your salary
in the normal way or invoiced to you if you are not in receipt of pay.
If you do not surrender your season ticket and as a result of being on maternity leave you are not
in receipt of pay, you will be required to make alternative arrangements to cover the monthly
payment of the outstanding amount.
5.24
Car Loans
Car loan repayments are recouped by standing order to your bank account and hence will
continue during any period of paid or unpaid maternity leave. However, if you wish for them to
be held in abeyance until your return to work you should make a request to your departmental
personnel officer. If you do not return to work you will be invoiced for the outstanding amounts
as specified in the car loan documentation.
34
SECTION SIX
6.1
This section is for expectant mothers who are Wandsworth Council employees with
26 weeks continuous service with Wandsworth Council by the beginning of the 14th week
before the EWC and one year’s local government service by the beginning of the 11th week
before the EWC. As such you will be eligible for:• 26 weeks ordinary maternity leave.
• 26 weeks additional maternity leave to immediately follow the ordinary maternity leave
period – unpaid.
• An extension of the additional maternity leave period to 52 weeks from the week of
childbirth – unpaid.
• Occupational Maternity Pay (OMP) at a rate of 9/10ths of a normal week’s pay (offset
against payments made by way of SMP or maternity allowance (see page 6) for employees
not eligible for SMP) for the first 6 weeks of maternity leave.
• On the understanding that you will be returning to work for at least 3 months immediately
following maternity leave you shall receive, for the subsequent 12 weeks (weeks 7-18), OMP
of half a week’s normal pay without deduction except by the extent to which the combined
pay and SMP (or maternity allowance and any dependants’ allowances if you are not eligible
for SMP) exceeds full pay. However, if you do not return to local authority employment
following maternity leave for a continuous period of at least 3 months the 12 weeks half pay,
is refundable to the Council. Therefore, if you are unclear as to whether you will be
returning to work following maternity leave you may, if you wish, make a request to the
Payroll Section that this payment be deferred and paid to you in the form of a lump sum on
your return.
• In addition to OMP, if you have average weekly earnings of not less than the lower earnings
limit for the payment of National Insurance Contributions (£75 for the tax year 2002/2003),
you are entitled to receive for weeks 7-26 standard SMP (£75 for the tax year 2002/2003,
£100 for the tax year 2003/2004, or 90% of average pay earned in the 8 weeks ending with
the 15th week before the EWC if this is less), to be paid alongside the half occupational pay
paid during weeks 7-18 up to a maximum of full pay and on its own for weeks 19-26. SMP
is paid to you by the Council on behalf of the Government. SMP will cease if during this
period you: work for another employer after your baby is born; go outside the European
Union; or are taken into legal custody. (Please note that SMP is paid for complete weeks
only from Sunday to Saturday (except in cases of maternity leave being triggered by sickness
or childbirth). Failure to commence maternity leave on a Sunday may in certain cases result
in a loss of SMP. You are therefore encouraged to commence your maternity leave on a
Sunday and, if necessary, request annual leave to achieve this.)
Maternity pay is paid to you on your usual pay date in the same way as your wages or salary.
35
6.2
Maternity Leave
You are entitled to both ordinary and additional maternity leave and an extension to the
additional maternity leave period to 52 weeks from the week of childbirth.
6.3
Ordinary Maternity Leave
Ordinary Maternity leave is a sliding period of up to 26 weeks duration which you can choose to
begin at any time after the beginning of the 11th week before the EWC. However, the latest
possible day you can start this leave is the day following childbirth. Below are 3 examples of
how the sliding 26 weeks period might operate if you were considering starting your maternity
leave at different times.
← weeks before childbirth due→←--------------------weeks from childbirth---------------------→
11
10
9
8
7
6
5
4
3
2 1 EWC
2 3
4
→
9
→
10
↑
15
16
→
20
↑
Start 11th week before EWC
21
→
26
Example 1
Ends 15th week from EWC
←----------------------------------------26 weeks -----------------------------------------→
↑
Example 2
↑
Start 5th week before EWC
Ends 21st week from EWC
←---------------------------------------26 weeks --------------------------------------→
↑
Example 3
↑
Start at EWC
Ends 26th week from EWC
←-----------------------------------26 weeks ------------------------------------→
6.4
Additional Maternity Leave
Your additional maternity leave period will commence immediately following your ordinary
maternity leave period and will continue for a further 26 weeks.
←weeks before childbirth due→←-------------------weeks from childbirth----------------------→
11
10
9
8
7
6
5
4
3
2 1 EWC
You can start your 26 weeks
ordinary maternity leave period no
earlier than the 11th week before the
EWC.
EWC/
Week
of
Child
Birth
2 3
4
5
6
7
8
9
10
11
12
13
→41
Additional maternity leave commences immediately
following the ordinary maternity leave period and will
continue for a further 26 weeks.
←----------------------------------------------- 52 weeks -----------------------------------------------------------→
6.5
Extension to Additional Maternity Leave
You may if you wish extend the additional maternity leave period to 52 weeks from the week of
childbirth.
36
6.6
Compulsory Maternity Leave
Under no circumstances will you be allowed to return to work in the 2 weeks period from the day
on which childbirth occurs. Only very exceptionally will this 2 weeks compulsory maternity
leave period fall outside the ordinary maternity leave period.
6.7
Annual Leave
Annual leave will accrue, at the normal rate, during the ordinary, additional and extended
additional maternity leave period.
You will be encouraged to take the annual leave you have already accrued in the leave year prior
to the commencement of your maternity leave whenever possible. Any annual leave accrued
during the period of your maternity leave can, by agreement with your manager, be taken
immediately following the maternity leave period or may be used to shorten the unpaid maternity
leave period subject to notification requirements for maternity leave also being fulfilled. Once
you have commenced annual leave in this way, this will be regarded as a return to work.
If your maternity leave goes over the end of one leave year and into the next, then all the annual
leave outstanding will be carried forward into the next leave year.
6.8
Bank Holidays/Christmas Concessionary Day
Bank holidays and the Christmas concessionary day will accrue as they fall during the ordinary
maternity leave period, with a substitute day’s leave being provided on your return to work.
6.9
Sickness Absence during Pregnancy
If you are not already on maternity leave and are absent due to sickness you will receive
Occupational Sick Pay and Statutory Sick Pay subject to the normal arrangements which apply to
all employees. However, if you are absent for sickness reasons wholly or partly due to
pregnancy in the 4 weeks leading up to the EWC your maternity leave will automatically
commence from the day which follows the first day of sickness absence within that 4 week
period.
✍
If you are not already on maternity leave, in addition to the normal absence reporting
arrangements, you must notify your departmental personnel officer immediately if you
are absent due to sickness which is wholly or partly due to your pregnancy in the 4 weeks
leading up to the EWC. Such an absence will trigger the start of the maternity leave
period from the day which follows the first day of sickness absence within that 4 week
period.
✍
If a miscarriage occurs in the first 24 weeks of pregnancy, you will be required to submit
a medical certificate for any sickness absence which may result and will be considered to
be on sick leave. You will receive Occupational Sick Pay and Statutory Sick Pay subject
to the normal arrangements. However, if this occurs from the beginning of the 25th week
of pregnancy onwards you will be considered to have had a still birth and maternity leave
will automatically commence from the following day.
37
6.10
Notification of Start of Maternity Leave
✍
You must submit the original MAT B1 certificate to your line manager together with the
‘Notification of Maternity Leave’ form, attached at Appendix 1 (Forms A and A2), no
later than 28 days before you wish your maternity leave to commence. Exceptionally, if
this is not reasonably practicable then notification should be made as soon as is
reasonably practicable. You may vary the date you have advised that your maternity
leave will start provided you notify the variation at least 28 days before the date
originally notified, or 28 days before the new date, whichever is the earlier, or if that is
not reasonably practicable, as soon as is reasonably practicable. You are advised to take a
photocopy of the MAT B1 for your own records.
✍
If you are not already on maternity leave and you give birth, you must notify your
departmental personnel officer as soon as is possible as childbirth will automatically
trigger the commencement of maternity leave from the following day.
Within 28 days of receiving your ‘Notification of Maternity Leave’ form or, where this is not
received, within 28 days of your maternity leave period commencing, you will be informed of
the date on which your maternity leave period will end.
6.11
Notification of Date of Childbirth
✍
Your departmental personnel officer will write to you towards the end of your 26 weeks
ordinary maternity leave period asking you to provide him or her with the date your child
was born in writing. You may wish to do this by sending in a copy of your child’s birth
certificate. If you have opted for the extension to the additional maternity leave period to
52 weeks from the week of childbirth your departmental personnel officer will write to
you further to advise of your latest date of return.
6.12
Returning to Work
Unless there are exceptional circumstances, you are entitled to return to the job in which you
were employed prior to commencing maternity leave and be on no less favourable terms and
conditions of employment.
Unless you choose to return earlier, or have already advised that you will not be returning to
work following maternity leave, it will be assumed that you will return to work at the end of the
additional or extended additional maternity leave period. Under no circumstances will you be
allowed to return to work in the 2 weeks period from the day on which childbirth occurs.
However, you may return to work as soon as you wish any time after the compulsory period
subject to 21 days written notice.
✍
If you wish to return to work before the end of the additional or extended additional
maternity leave period you must give 21 days written notice to your line manager by
completing form A4, attached at Appendix 2a. Failure to give appropriate notice may
result in the Council postponing your return to work date to ensure there is appropriate
notice or to delay your return until the end of the additional maternity leave period, which
ever is the earlier.
38
✍
If, due to sickness, whether pregnancy related or not, you are unable to attend for work at
the end of the additional or extended additional maternity leave period, or any earlier date
as notified by you, the Council’s normal sickness arrangements will apply, and you will
be regarded as having returned to work.
If you declare an intention to return to work immediately following maternity leave you will
receive, for 12 weeks, OMP of half a week’s normal pay without deduction except by the extent
to which the combined pay and SMP (or maternity allowance and any dependants’ allowances if
you are not eligible for SMP) exceeds full pay. If you do not return to local authority
employment for a continuous period of not less than 3 months immediately following maternity
leave the 12 weeks OMP will be refundable to the Council. Therefore, if you are unclear as to
whether you will be returning to work following maternity leave you may, if you wish, make a
request to the Payroll Section that this payment be deferred and paid to you in the form of a lump
sum on your return.
You are encouraged, as is your line manager, to keep in touch during your maternity leave. This
will enable you to keep each other updated and for any developments affecting your return to
work to be discussed.
6.13
Return on Reduced Hours or other Flexible Working Arrangements
✍
Requests to return on reduced hours following maternity leave should be made in
writing to your line manager giving as much notice as is possible who will in turn contact
your departmental personnel officer. Although the right to return to work following
maternity leave relates to your original terms and conditions, any request for a change in
working arrangements will be carefully considered on a case by case basis. Please refer
to Chapter 4 of this booklet.
If you are considering reducing your hours you are advised to discuss the implications of this in
more detail with your departmental personnel officer and a pensions officer.
6.14
Probation
If you commence a period of maternity leave whilst in your probation period then your
probationary period will be extended to reflect the unserved period.
6.15
Redundancy
If during your maternity leave period it is not practicable by reason of redundancy to continue to
employ you under your existing contract of employment, then if there is a suitable and available
vacancy that is appropriate for you in the circumstances, you will be offered this before your
existing contract comes to an end and will take effect immediately on the ending of the existing
contract.
6.16
Resignation
39
✍
The ‘Notification of Maternity Leave’ form, attached at Appendix 1, has sections that
relate to return to work or resignation. You do not have to complete these sections unless
you wish to do so and the latter section should only be completed if you have decided, at
an early stage during your pregnancy, that you do not wish to return to work. If you
decide to resign at a later stage during your maternity leave you must confirm this in
writing to your line manager, giving appropriate notice, and with a copy to your
departmental personnel officer.
In all cases of resignation any excess annual leave taken will need to be repaid.
If you received OMP of 12 weeks half pay and have not returned to Wandsworth Council for at
least 3 months immediately following maternity leave the 12 weeks OMP will be refundable to
the Council. However, if you commence work with another local authority (immediately
following maternity leave) you should inform your Departmental Personnel Section. OMP will
not be reclaimed from you if it is confirmed by the new local authority that you have maintained
continuous local government service for at least 3 months.
6.17
Failure to Return to Work
If you fail to return to work following your maternity leave, and your absence is not authorised,
your absence may be treated as unauthorised and dealt with accordingly under the Employees’
Disciplinary Code. Failure to return to work may affect your employment rights.
6.18
Continuous Service
Paid maternity leave and authorised unpaid maternity leave is regarded as continuous service for
the purposes of the National Council’s Sickness Scheme and annual leave.
If you return to local government service following a break for maternity reasons or reasons
concerned with caring for children you will be entitled to have previous service taken into
account in respect of the sickness and maternity schemes provided that the break in service does
not exceed 8 years and that no permanent paid full time employment has intervened. For the
purpose of the calculation of entitlement to annual leave the eight years time limit does not apply
provided that no permanent full time employment has intervened.
6.19
Pension
If you are contributing to the Local Government Pension Scheme you are required to pay
pension contributions on all payments made to you during your maternity leave. Once no
payments are made to you, you have the option whether to pay the remaining contributions for
your unpaid maternity related absence.
✍
You may elect to do so either, within the first 30 days of the beginning of unpaid
maternity leave or within 30 days after the end of your maternity leave. The amount you
will pay is based on the rate of pay you were receiving immediately before the period of
unpaid absence. If you decide to pay the contributions you should write to the Pensions
Manager, Wandsworth Council, The Town Hall (Rm 70), Wandsworth High Street,
London, SW18 2PU, notifying him of your decision.
40
Please note that if you decide not to pay contributions, where you have the option not to pay,
then this period will not count for the purposes of calculating your pension benefits.
6.20
Car Allowances
Your departmental personnel officer will inform payroll of the date you commence and return
from your maternity leave. If you are in receipt of an essential car user allowance you will
continue to receive this in full for 26 weeks from the beginning of your maternity leave. The
monthly instalment of the lump sum payments will then be suspended and only become payable
again on your return to work.
6.21
Council Equipment
You will normally be asked by your manager to return any Council equipment to them such as
mobile phones, lap top computers, pagers and dictaphones at the commencement of your
maternity leave period. These will be returned to you following your maternity leave.
6.22
First Aid Allowance
First aid allowance is regarded as part of your normal salary and hence will be included in any
maternity pay you receive.
6.23
Annual Season Ticket Loans
You are advised to surrender your annual season ticket/travelcard at the commencement of your
maternity leave. Your ticket/travelcard can be handed in at the ticket office of the station at
which you bought it. The ticket office will in turn arrange for a proportion of the cost to be
reimbursed to the Council. Deductions will continue from your salary until reimbursement has
taken place. The balance remaining following reimbursement will be recouped from your salary
in the normal way or invoiced to you if you are not in receipt of pay.
If you do not surrender your season ticket and as a result of being on maternity leave you are not
in receipt of pay, you will be required to make alternative arrangements to cover the monthly
payment of the outstanding amount.
6.24
Car Loans
Car loan repayments are recouped by standing order to your bank account and hence will
continue during any period of paid or unpaid maternity leave. However, if you wish for them to
be held in abeyance until your return to work you should make a request to your departmental
personnel officer. If you do not return to work you will be invoiced for the outstanding amounts
as specified in the car loan documentation.
41
SECTION SEVEN
This section is for Wandsworth Council employees who are an expectant father, or an expectant
mother’s husband or partner, or the expectant mother’s nominated carer, and relates to paid time
off for the purpose of caring for the new born baby or supporting the expectant mother at or
around the time of childbirth
7.1
Paternity Leave & Pay – (Childbirth)
As a Wandsworth employee you will be eligible for paternity leave of either one week’s leave or
two consecutive weeks leave with pay (one week’s normal pay for the first week, and *statutory
paternity pay (SPP) for the second week) for the purpose of caring for the new born baby or
supporting the expectant mother at or around the time of childbirth if you fulfil the following
conditions a) you have been in continuous Wandsworth Council employment for a period of not less than
26 weeks ending with the week immediately preceding the 14th week before the expected
week of the child’s birth and have had average weekly earnings of not less than the lower
earnings limit for the payment of National Insurance Contributions (£75 for the tax year
2002/2003); and
b) you are either the baby’s father, who has or expects to have responsibility for bringing up the
child; or
c) you are the husband or partner (a person whether of a different or the same sex, who lives
with the expectant mother and her child in an enduring family relationship but is not the
expectant mother’s parent, grandparent, sister, brother aunt or uncle), who has or expects to
have the main responsibility (apart from the expectant mother’s responsibility) for the
upbringing of the child.
*Statutory Paternity Pay (SPP) will be paid to you at a weekly rate of £75.00 where the SPP
period begins before 6th April 2003. Where the SPP period begins on or after 6th April 2003, the
weekly rate payable to you shall be the smaller of the following two amounts; a) £100.00; b)
90% of your ‘normal weekly earnings’.
✍
If you wish to apply for paternity leave you must do so 28 days before the date you wish
the leave to commence, or if not reasonably practicable to do so, as soon as is reasonably
practicable. You should make your request by completing form SPL, attached at
Appendix 5, and you should include details of the EWC (a copy of the expectant
mother’s MAT B1 should be attached), the length of the period of leave required, and the
date the period of paternity leave should commence. The declaration on form SPL will
need to be completed and signed by both you and the expectant mother to confirm that
the qualifying conditions have been met. Paternity leave must be taken during the period
of 56 days immediately following childbirth or the first day of the EWC, whichever is the
later. The date of commencement of paternity leave may be varied by you by giving 28
days written notice. If this is not reasonably practicable, then notification should be made
as soon as is reasonably practicable. You must, as soon as is reasonably practicable after
the child’s birth, advise of the date on which the child was born.
42
If you chose to commence your period of paternity support leave on the date on which the child
was born and you were at work on that day, your period of leave will begin on the day following
that date.
7.2
Maternity Support Leave
If you are the expectant father, or the husband or partner of the expectant mother but do not have
enough service to qualify for paternity leave, or if you are the expectant mother’s nominated
carer, you may be eligible for maternity support leave of one week with normal pay for the
purpose of caring for the new born baby or the expectant mother at or around the time of birth.
✍
If you wish to apply for maternity support leave you must do so 28 days before the date
you wish the leave to commence, or if not reasonably practicable to do so, as soon as is
reasonably practicable. You should make your request by completing form MSL,
attached at Appendix 6, and you should include details of the EWC (a copy of the
expectant mother’s MAT B1 should be attached), the length of the period of leave
required, and the date the period of maternity leave should commence. If you are the
nominated carer and are not the father or partner, you will need to demonstrate by
completing the relevant section on form MSL, attached at Appendix 6, that you will be
the primary provider at or around the time of birth. You will also need to demonstrate
that the granting of maternity support leave will address problems or commitments
outside work which are likely to have a bearing on your well-being and work
performance.
Only one period of paternity or maternity support leave may be taken in the case of childbirth or
multiple births.
7.3
Annual Leave
Annual leave will accrue, at the normal rate, during the paternity and maternity support leave
period.
7.4
Bank Holidays/Christmas Concessionary Day
Bank holidays and the Christmas concessionary day will accrue as they fall during the paternity
and maternity support leave period, with a substitute day’s leave being provided on your return
to work.
7.5
Pension
If you are contributing to the Local Government Pension Scheme you are required to pay
pension contributions on all the payments made to you during your paternity/maternity support
leave.
43
FORM A
Appendix 1
WANDSWORTH BOROUGH COUNCIL
NOTIFICATION OF MATERNITY LEAVE
THIS FORM NEEDS TO BE COMPLETED AND SENT TO YOUR LINE MANAGER NO
LATER THAN 28 DAYS BEFORE YOU WISH YOUR MATERNITY LEAVE TO START
Name: ______________________________
Post:_________________________
Department:
Staff No:______________________
________________________
Section/Location: _____________________
Tel Extension:_________________
Continuous employment with Wandsworth Council commenced:_________________________
Continuous local government service commenced: ___________________________________
Home Address: _____________________________ Home Tel No: ____________________
_____________________________
________________________________________________________________
Details of Maternity Leave
My expected date of childbirth is: ______________________________
As requested, I have attached my original MAT B1 certificate confirming this.
Yes/No
*I wish to start my maternity leave on: __________________________
(*This date must be no earlier than the 11th week before your EWC and no later than the day
after childbirth. Please note that SMP is paid for complete weeks only from Sunday to Saturday
(unless your maternity leave is triggered by childbirth or sickness). Failure to commence
maternity leave on a Sunday may in certain cases result in a loss of SMP. You are therefore
encouraged to commence your maternity leave on a Sunday and, if necessary, request annual
leave to achieve this. You may vary the date you have advised that your maternity leave will
start provided you notify the variation at least 28 days before the date originally notified, or 28
days before the new date, whichever is the earlier, or if that is not reasonably practicable, as
soon as is reasonably practicable.)
I confirm that I have read, understand and possess Wandsworth Council’s Maternity Provisions.
Signed: __________________________
(Employee)
44
Date: ______________
FORM A1
a)
For returning employees who are entitled to ordinary maternity leave only
I understand that I am due to return to work 26 weeks after the start of my maternity leave. This
date is: ___________________________ I understand that if I wish to return before the end of
the 26 weeks ordinary maternity leave period I must give at least 7 days written notice to my line
manager by completing form A3 (attached).
I understand that if I cannot return to work, for example because I am sick, that the normal rules
in my job apply.
Signed: _____________________________
b)
(Employee)
Date: __________
For employees who have decided they will not be returning from maternity leave
It would be helpful, though not obligatory, to complete this section if you have decided at this
stage that you will not be returning to work following maternity leave.
*I do not intend to return to work following maternity leave and therefore submit my resignation.
My last day of service will be: _____________________________
(*Please ensure you give appropriate notice).
In all cases of resignation any excess annual leave taken will need to be repaid.
Signed: _____________________________
(Employee)
Date: __________
Countersigned: _______________________
(Manager)
Date: __________
Countersigned: _______________________
(Personnel Officer)
Date: __________
45
FORM A2
a)
For returning employees who are entitled to additional maternity leave
I understand that I am due back to work either i) *52 weeks after the start of my maternity leave
or ii) 52 weeks from the week of childbirth. (*Please delete as appropriate). This date is:
_i)________________or_ii) to be confirmed.
*I intend to return to work following maternity leave.
Yes/No
(*If you are entitled to
additional maternity leave and have one year’s continuous local government service by the
beginning of the 14th week before the EWC you will, if you declare in writing your intention to
return to work following maternity leave, receive Occupational Maternity Pay (OMP) of 12
weeks half pay during your ordinary maternity leave period. We are asking this question
therefore solely for the purpose of determining your eligibility for this payment. However, if you
do receive OMP of 12 weeks half pay and subsequently decide not to return to work (or another
local authority) for a period of at least 3 months, the 12 weeks OMP will be refundable to the
Council).
I understand that if I wish to return before the end of my additional or extended additional
maternity leave period I must give at least 21 days written notice to my line manager by
completing form A4 (attached).
I understand that if I cannot return to work, for example because I am sick, that the normal rules
in my job apply.
Signed: __________________________________
b)
(Employee)
Date: __________
For employees who have decided they will not be returning from maternity leave
It would be helpful, though not obligatory, to complete this section if you have decided at this
stage that you will not be returning to work following maternity leave.
*I do not intend to return to work following maternity leave and therefore submit my resignation.
My last day of service will be: _____________________________.
(*Please ensure you give appropriate notice).
In all cases of resignation any excess annual leave taken will need to be repaid.
Signed: ________________________________
(Employee)
Date: __________
Countersigned: __________________________
(Manager)
Date: __________
Countersigned: __________________________
(Personnel Officer)
Date: __________
46
FORM A3
Appendix 2
WANDSWORTH BOROUGH COUNCIL
EARLY RETURN TO WORK FROM ORDINARY MATERNITY LEAVE
THIS FORM NEEDS TO BE COMPLETED AND RECEIVED BY YOUR LINE MANAGER
AT LEAST 7 DAYS BEFORE YOU WISH TO RETURN FROM ORDINARY MATERNITY
LEAVE
Name: ____________________________________
Address:
Staff No: ____________________
__________________________________
__________________________________
__________________________________
__________________________________
Workplace:
__________________________________
I wish to return to work before the end of my ordinary maternity leave period and am giving you
7 days notice to this effect. I will be returning to work on ______________________________
I believe I have ______ days annual leave entitlement outstanding and wish to take annual leave
from ______________________to ___________________.
Signed: _____________________________________
Date: _______________________
Countersigned: __________________________
(Manager)
Date: __________
Countersigned: __________________________
(Personnel Officer)
Date: __________
47
Appendix 2a
FORM A4
WANDSWORTH BOROUGH COUNCIL
EARLY RETURN TO WORK FROM ADDITIONAL/EXTENDED ADDITIONAL
MATERNITY LEAVE
THIS FORM NEEDS TO BE COMPLETED AND RECEIVED BY YOUR LINE MANAGER
AT LEAST 21 DAYS BEFORE YOU WISH TO RETURN FROM MATERNITY LEAVE
Name: ________________________________________ Staff No: _____________________
Address:
______________________________________
______________________________________
______________________________________
______________________________________
Workplace:
______________________________________
I wish to return to work before the end of my additional/extended additional maternity leave
period and am giving you 21 days notice to this effect. I will be returning to work on
_________________________
I believe I have ____________ days annual leave entitlement outstanding and wish to take
annual leave from ____________________ to ____________________.
Signed: ________________________________________ Date: ______________________
Countersigned: __________________________
(Manager)
Date: __________
Countersigned: __________________________
(Personnel Officer)
Date: __________
48
Appendix 3
FORM B
SAMPLE LETTER TO EMPLOYEE ACKNOWLEDGING NOTIFICATION OF
MATERNITY LEAVE WHICH MUST BE SENT TO THE EMPLOYEE WITHIN 28 DAYS
OF ITS RECEIPT
Dear
I am writing to confirm receipt of your completed notification of maternity leave form advising
of your intention to commence your maternity leave period on <date>. I confirm you are entitled
to (26 weeks ordinary maternity leave) OR (26 weeks ordinary maternity leave, 26 weeks
additional maternity leave and an extension to the additional maternity leave period to 52 weeks
from childbirth). Please refer to section <section, para ?> of the maternity and paternity
provisions regarding your entitlement to pay. These provisions are contained within the booklet
entitled, ‘Wandsworth Council’s Provisions for Employees’ with Caring Responsibilities’.
Your maternity leave will finish at the end of <26 weeks> OR <52 weeks> beginning with the
week you commenced maternity leave OR <52 weeks from the week of childbirth>. You must
return to work at the latest on the first working day after your maternity leave period ends which
will be <date/tbc>. If you decide at any time during your maternity leave that you will not be
returning to work then will you please provide me with your written resignation ensuring you
give appropriate notice.
If you fail to return to work on the above date (or 52 weeks from the week of childbirth if you
have opted to take extended additional maternity leave), and have not reported in sick or
tendered your resignation, your absence may be treated as unauthorised and dealt with
accordingly under the Employees’ Disciplinary Code. Failure to return to work may affect your
employment rights.
If you wish to return to work before the end of the above date you must give <7 days> OR <21
days> written notice to your line manager by completing <Form A3> OR <Form A4>
(attached). Failure to give appropriate notice may result in the Council postponing your return to
work date to ensure there is appropriate notice or to delay your return until the end of the <26
weeks ordinary maternity> OR < additional maternity> leave period, which ever is the earlier.
I note from your MAT B1 certificate that you are due to have your baby in the week
commencing <date>. I will write to you again towards the end of your ordinary maternity leave
period regarding confirmation of the actual date your child is born.
Meanwhile, please let me know if you have any queries regarding the Council’s maternity and
paternity provisions.
Yours sincerely
Line manager/Personnel Officer
49
Appendix 4
FORM C
SAMPLE LETTER TO EMPLOYEE REQUESTING NOTIFICATION OF CHILDBIRTH
Dear
I am writing further to my letter of <date>.
In order to complete my records (and confirm your return to work date if you opted for an
extension to the additional maternity leave period to 52 weeks from childbirth), could you please
provide me with the date on which your child was born. You may wish to do this by sending me
a copy of your child’s birth certificate.
If you have any queries please contact me. We look forward to seeing you on your return.
Yours sincerely
Line manager
(For staff on extended additional maternity leave a further letter to the employee will need to
follow asap from the line manager/personnel officer confirming the employee’s return to work
date - see Appendix 4a).
50
Appendix 4a
SAMPLE LETTER TO EMPLOYEE ACKNOWLEDGING NOTIFICATION OF
CHILDBIRTH FOR EMPLOYEES ON EXTENDED ADDITIONAL MATERNITY LEAVE
Dear
I am writing to confirm receipt of your notification of childbirth. I confirm you are entitled to 26
weeks ordinary maternity leave, 26 weeks additional maternity leave and an extension to the
additional maternity leave period to 52 weeks from childbirth.
Your maternity leave will finish at the end of 52 weeks from the week of childbirth. You must
return to work at the latest on the first working day after your maternity leave period ends which
will be <date>. If you decide at any time during your maternity leave that you will not be
returning to work then will you please provide me with your written resignation ensuring you
give appropriate notice.
If you fail to return to work on the above date and have not reported in sick or tendered your
resignation, your absence may be treated as unauthorised and dealt with accordingly under the
Employees’ Disciplinary Code. Failure to return to work may affect your employment rights.
If you wish to return to work before the end of the above date you must give 21 days written
notice to your line manager by completing Form A4 (attached). Failure to give appropriate
notice may result in the Council postponing your return to work date to ensure there is
appropriate notice or to delay your return until the end of the additional maternity leave period,
which ever is the earlier.
Meanwhile, please let me know if you have any queries regarding the Council’s maternity and
paternity provisions.
Yours sincerely
Line manager/Personnel Officer
51
FORM SPL
Appendix 5
REQUEST FOR PATERNITY LEAVE – CHILDBIRTH
THIS FORM NEEDS TO BE COMPLETED & RECEIVED BY YOUR LINE MANAGER NO
LATER THAN 28 DAYS BEFORE YOU WISH YOUR PATERNITY LEAVE TO START.
To apply for paternity leave you must complete this form and return it to your line manager no
later than 28 days before you wish your paternity leave to commence, attaching a copy of the
MAT B1 certificate. Only one period of paternity or maternity support leave may be taken in
the case of childbirth or multiple births.
Paternity leave shall be granted to you if you are a Wandsworth Council employee with at least
26 weeks continuous Wandsworth Council service (by the beginning of the 14th week before
EWC) and you require time off for the purpose of caring for a baby or supporting an expectant
mother at or around the time of childbirth and you satisfy the following conditions a) you are either the baby’s father, who has or expects to have responsibility for bringing up the
child; or
b) you are the husband of the expectant mother or partner (a person whether of a different or the
same sex, who lives with the expectant mother and the child in an enduring family
relationship but is not the expectant mother’s parent, grandparent, sister, brother aunt or
uncle), who has or expects to have the main responsibility (apart from the expectant mother’s
responsibility) for the upbringing of the child.
Name of employee:__________________________________
Staff No:_______________
Date of continuous Wandsworth Council service: ___________________________________
Period when paternity leave is required, from:___________________ to:_________________
(Paternity leave of either one week or two consecutive weeks leave with pay (one week’s normal
pay for the first week, and statutory paternity pay of the smaller of the following two amounts; a)
£100.00; b) 90% of your ‘normal weekly earnings’ for the second week) may be granted and
must be taken during the period of 56 days immediately following childbirth or the first day of
the EWC, which ever is the later. You may vary the date you have advised that your paternity
leave will start provided you notify 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).
*I am the baby’s father, who has or expects to have responsibility for bringing up the child:
*I am either the husband of the expectant mother or partner (a person whether of a different or
the same sex, who lives with the expectant mother and the expectant mother’s child in an
enduring family relationship but is not the expectant mother’s parent, grandparent, sister, brother
aunt or uncle), who has or expects to have the main responsibility (apart from the expectant
mother’s responsibility) for the upbringing of the child
* Please delete as appropriate.
Signed: __________________________________ (Employee requesting Paternity leave)
Countersigned: ___________________________ (Expectant Mother)
Date: __________
Countersigned: ___________________________ (Manager)
Date: __________
Countersigned: ___________________________ (Personnel Officer)
Date: __________
52
FORM MSL
Appendix 6
WANDSWORTH BOROUGH COUNCIL
REQUEST FOR MATERNITY SUPPORT LEAVE
THIS FORM NEEDS TO BE COMPLETED AND RECEIVED BY YOUR LINE MANAGER
NO LATER THAN 28 DAYS BEFORE YOU WISH YOUR MATERNITY SUPPORT LEAVE
TO COMMENCE
If you are an expectant father, or the husband or partner of the expectant mother but do not have
enough service to qualify for paternity leave, or if you are the expectant mother’s nominated
carer, you may be eligible for maternity support leave of one week with normal pay for the
purpose of caring for the new born baby or the expectant mother at or around the time of birth.
If you are the nominated carer and are not the father or partner, you will need to demonstrate by
completing the section below that you will be the primary provider at or around the time of birth.
You will also need to demonstrate that the granting of maternity support leave will address
problems or commitments outside work which are likely to have a bearing on your well-being
and work performance.
Only one period of paternity or maternity support leave may be taken in the case of childbirth or
multiple births.
Name of employee/nominated carer:
Relationship to
__________________________________ expectant mother: ________________________
Period when maternity support may be required, from: _______________ to: _____________
I enclose a copy of the MAT B1 as requested
Yes/No.
If you are the carer nominated but are not the father or partner please complete the declaration
below;
I ……………………………..(name of nominated carer) confirm that I will be the primary provider
at or around the time that ………………………………..(name of expectant mother) gives birth.
If I am not granted maternity support leave it is likely to have a bearing on my well-being and
work performance because …..……………….……………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
Signed: __________________________ (Employee/ Nominated carer)
Date: _____________
Signed: __________________________ (Expectant mother)
Date: ______________
Countersigned: ____________________ (Manager)
Date: ______________
Countersigned: ____________________ (Personnel Officer)
Date: ______________
53
CHAPTER TWO – ADOPTION AND RELATED PATERNITY PROVISIONS
SECTION ONE
This section is for Wandsworth employees who are adopting a child and who have at least 26
weeks continuous service with Wandsworth Council, but less than one year’s continuous local
government service.
1.1
Seeking Advice
✍
You should contact your line manager and departmental personnel officer if at any time
you are considering taking adoption leave. An appointment will be made for you to
discuss any questions you may have with your departmental personnel officer after you
have had an opportunity to study this booklet.
1.2
Adoption leave and pay (Statutory Adoption Pay (SAP)) is available to you in
relation to a child newly placed for adoption where you, by the end of the week in which
you were matched with a child, have 26 weeks or more continuous service with
Wandsworth Council (but less than one year’s continuous local government service) and
where the notification of the matching is from an approved adoption agency and was
received and accepted by you on or after 6 April 2003. If you adopt a child you will be
eligible for:• 26 weeks ordinary adoption leave, and if this period does not end prematurely
• 26 weeks additional adoption leave to immediately follow the ordinary adoption leave period
- unpaid.
• An extension to the additional adoption leave period to 52 weeks from the week of placement
– unpaid.
• Up to 26 weeks Statutory Adoption Pay (SAP) if you have average weekly earnings of not
less than the lower earnings limit for the payment of National Insurance Contributions (£75
for the tax year 2002/2003). SAP will be paid at a weekly rate of £75.00 where the SAP
period begins before 6th April 2003. Where the SAP period begins on or after 6th April 2003,
the weekly rate payable shall be the smaller of the following two amounts; a) £100.00; b)
90% of your normal weekly earnings. SAP is paid to you by the Council on behalf of the
Government.
Statutory Adoption Pay (SAP) is paid to you on your usual pay date in the same way as your
wages or salary.
Only one period of adoption leave may be taken if you adopt more than one child as part of the
same arrangement.
1.3
Adoption Leave
You are entitled to 26 weeks ordinary adoption leave, and if this period does not end
prematurely, you will also be entitled to additional adoption leave of a further 26 weeks.
54
1.4
Ordinary Adoption Leave
Ordinary adoption leave is a period of 26 weeks paid leave which can commence on the date on
which the child is placed with you for adoption or on a date specified by you which is no more
than 14 days before the date on which the child is expected to be placed with you.
1.5
Additional Adoption Leave
Additional adoption leave is a period of 26 weeks beginning on the day after the last day of the
ordinary adoption leave period.
1.6
Extension to Additional Adoption Leave
You may if you wish extend the additional adoption leave period to 52 weeks from the week of
placement.
1.7
Annual leave
Annual leave will accrue, at the normal rate, during the ordinary, additional and extended
additional adoption leave period.
You will be encouraged to take the annual leave you have already accrued in the leave year prior
to the commencement of your adoption leave whenever possible. Any annual leave accrued
during the period of your adoption leave can, by agreement with your manager, be taken
immediately following the adoption leave period or may be used to shorten the unpaid adoption
leave period subject to notification requirements for adoption leave also being fulfilled. Once
you have commenced annual leave in this way, this will be regarded as a return to work.
If your adoption leave goes over the end of one leave year and into the next, then all the annual
leave outstanding will be carried forward into the next leave year.
1.8
Bank Holidays/Christmas Concessionary Day
Bank Holidays and the Christmas concessionary day will accrue as they fall during the ordinary
adoption leave period, with a substitute day’s leave being provided on your return to work.
1.9
Notification of start of adoption leave
✍
You must submit a) the document from the adoption agency which notified you that you
had been matched with a child; b) a document which states the name and date of birth of
that child; and c) a document stating the date on which the agency expects to place this
child with you for adoption, to your line manager together with the ‘Notification of
Adoption Leave’ form, attached at Appendix 1 (Form A). These documents should be
received by your line manager no later than 7 days after the date you were notified of
being matched with the child for the purposes of adoption. Exceptionally, if this is not
reasonably practicable these documents should be sent to your line manager as soon as is
reasonably practicable. You may vary the date you have advised that your adoption leave
will start provided you notify 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,
55
as soon as is reasonably practicable. You are advised to take a photocopy of all the
documents submitted for your own records.
Within 28 days of receiving your ‘Notification of Adoption Leave’ form you will be informed of
the date on which your additional adoption leave period, to which you are entitled after your
period of ordinary adoption leave, ends. If you vary the commencement date of your ordinary
adoption leave you will be informed within 28 days of its commencement of the date on which
your additional adoption leave period, to which you are entitled after your period of ordinary
adoption leave, ends.
In the case where you have chosen to begin your ordinary adoption leave on the date on which
the child is placed with you, and you are at work on that date, your period of leave will begin on
the day after that date.
1.10
Performance Related Pay Scheme (where applicable)
Once your request for adoption leave has been agreed, your manager will arrange to meet with
you to review and, if appropriate, revise your PrP targets, taking into account your pending
absence due to adoption leave. This review can be undertaken either for an absence starting
later in the current PrP year, (i.e. the financial year) or, in readiness for an absence which is
expected to begin after the start of the next PrP year. Subsequently, as near as possible to the
actual date that you go on adoption leave, another meeting will take place at which your manager
will assess with you your achievement of the targets. The same arrangements will apply on your
return to work in relation to the remainder of that PrP year. Any PrP award payable to you will
be calculated by reference to your salary pro rata’d for the period during which you were at
work.
1.11
Disrupted placement in the course of adoption leave
✍
If you begin a period of adoption leave in respect of a child before the placement of the
child with you, and you are subsequently notified that the placement will not be made, or
during the period of adoption leave the child dies, or is returned to the adoption agency,
you must advise your line manager as soon as possible. In such circumstances your
adoption leave period will end 8 weeks after the end of the ‘relevant week’, that is the
week you were notified that the placement would not be made, the child died or was
returned.
If you have begun a period of ordinary adoption leave which is due to end within 8 weeks of the
end of the ‘relevant week’, your ordinary adoption leave period will end on the expiry of the 26
weeks period and you will commence additional adoption leave which will expire 8 weeks after
the end of the ‘relevant week’.
If you have begun a period of additional adoption leave which is due to end within 8 weeks of
the end of the ‘relevant week’, your additional adoption leave period will end on the expiry of
the 26 weeks period.
56
1.12
Returning to work
Unless there are exceptional circumstances, you are entitled to return to the job in which you
were employed prior to commencing adoption leave and be on no less favourable terms and
conditions of employment.
Unless you choose to return earlier, or have already advised that you will not be returning to
work following adoption leave, it will be assumed that you will return to work at the end of the
26 weeks additional adoption leave period or extended additional adoption leave period.
✍
If you wish to return to work before the end of the additional or extended additional
adoption leave period you must give 21 days written notice to your line manager by
completing Form A1, attached at Appendix 2. Failure to give appropriate notice may
result in the Council postponing your return to work date to ensure there is appropriate
notice or to delay your return until the end of the additional adoption leave period, which
ever is the earlier.
✍
If, due to sickness you are unable to return to work at the end of the additional adoption
leave period, or any earlier date as notified by you, the Council’s normal sickness
arrangements will apply, and you will be regarded as having returned to work.
You are encouraged, as is your line manager, to keep in touch during your adoption leave. This
will enable you to keep each other updated and for any developments affecting your return to
work to be discussed.
1.13
Return on reduced hours or other Flexible Working Arrangements
✍
Requests to return on reduced hours following adoption leave should be made in
writing to your line manager giving as much notice as is possible, who will in turn
contact your departmental personnel officer. Although the right to return to work
following adoption leave relates to your original terms and conditions, any request for a
change in working arrangements will be carefully considered on a case by case basis.
Please refer to Chapter 4 of this booklet.
If you are considering reducing your hours you are advised to discuss the implications of this in
more detail with your departmental personnel officer and a pensions officer.
1.14
Probation
If you commence a period of adoption leave whilst in your probation period then your
probationary period will be extended to reflect the unserved period.
1.15
Redundancy
If during your adoption leave period it is not practicable by reason of redundancy to continue to
employ you under your existing contract of employment, then if there is a suitable and available
vacancy that is appropriate for you in the circumstances, you will be offered this before your
57
existing contract comes to an end and will take effect immediately on the ending of the existing
contract.
1.16
Resignation
✍
The ‘Notification of Adoption Leave’ form, attached at Appendix 1, has sections that
relate to return to work or resignation. You do not have to complete these sections unless
you wish to do so and the latter section should only be completed if you have decided, at
an early stage during your adoption leave, that you do not wish to return to work. If you
decide to resign at a later stage during your adoption leave you must confirm this in
writing to your line manager, giving appropriate notice, and with a copy to your
departmental personnel officer.
In all cases of resignation any excess annual leave taken will need to be repaid.
1.17
Failure to return to work
If you fail to return to work following your adoption leave, and your absence is not authorised,
your absence may be treated as unauthorised and dealt with accordingly under the Employees’
Disciplinary Code.
1.18
Continuous Service
Paid adoption leave and authorised unpaid adoption leave is regarded as continuous service for
the purposes of the National Council’s Sickness Scheme and annual leave.
If you return to local government service following a break for adoption leave or reasons
concerned with caring for children you will be entitled to have previous service taken into
account in respect of the sickness and maternity schemes provided that the break in service does
not exceed 8 years and that no permanent paid full time employment has intervened. For the
purpose of the calculation of entitlement to annual leave the eight years time limit does not apply
provided that no permanent full time employment has intervened.
1.19
Pension
✍
If you are contributing to the Local Government Pension Scheme you are required to pay
pension contributions for the first 30 days of your ordinary adoption leave only.
Contributions during this period are payable at the standard rate on the pay that you
would have been receiving but for your absence. After the first 30 days, you have the
option of whether to pay the remaining contributions for your adoption related absence.
You should elect to do so within the first 30 days of either your return to work or, the
date you cease to be employed if you do not return to work. The amount you will pay is
based on the rate of pay you would have been receiving but for your absence. If you
decide to pay the contributions you should write to the Pensions Manager, Wandsworth
Council, The Town Hall (Rm 70), Wandsworth High Street, London, SW18 2PU,
notifying him of your decision.
58
Please note that if you decide not to pay contributions, where you have the option not to pay,
then this period will not count for the purposes of calculating your pension benefits.
1.20
Car Allowances
Your departmental personnel officer will inform payroll of the date you commence and return
from your adoption leave. If you are in receipt of an essential car user allowance you will
continue to receive this in full for 26 weeks from the beginning of your adoption leave. The
monthly instalment of the lump sum payments will then be suspended and only become payable
again on your return to work.
1.21
Council Equipment
You will normally be asked by your manager to return any Council equipment to them such as
mobile phones, lap top computers, pagers and dictaphones at the commencement of your
adoption leave period. These will be returned to you following your adoption leave.
1.22
First Aid Allowance
First aid allowance is regarded as part of your normal salary and hence will be included in any
adoption pay you receive.
1.23
Annual Season Ticket Loans
You are advised to surrender your annual season ticket/travelcard at the commencement of your
adoption leave. Your ticket/travelcard can be handed in at the ticket office of the station at
which you bought it. The ticket office will in turn arrange for a proportion of the cost to be
reimbursed to the Council. Deductions will continue from your salary until reimbursement has
taken place. The balance remaining following reimbursement will be recouped from your salary
in the normal way or invoiced to you if you are not in receipt of pay.
If you do not surrender your season ticket and as a result of being on adoption leave you are not
in receipt of pay, you will be required to make alternative arrangements to cover the monthly
payment of the outstanding amount.
1.24
Car Loans
Car loan repayments are recouped by standing order to your bank account and hence will
continue during any period of paid or unpaid adoption leave. However, if you wish for them to
be held in abeyance until your return you should make a request to your departmental personnel
officer. If you do not return to work you will be invoiced for the outstanding amounts as
specified in the car loan documentation.
59
SECTION TWO
This section is for Wandsworth employees who are adopting a child and who have at least 26
weeks continuous service with Wandsworth Council, and also have at least one year’s
continuous local government service.
2.1
Seeking Advice
✍
You should contact your line manager and departmental personnel officer if at any time
you are considering taking adoption leave. An appointment will be made for you to
discuss any questions you may have with your departmental personnel officer after you
have had an opportunity to study this booklet.
2.2
Adoption leave and pay (Occupational Adoption Pay (OAP) and Statutory Adoption
Pay (SAP)) is available to you in relation to a child newly placed for adoption where
you, by the end of the week in which you were matched with a child, have 26 weeks
or more continuous service with Wandsworth Council and at least one year’s
continuous local government service, where the notification of the matching is from
an approved adoption agency and was received and accepted by you on or after 6
April 2003. If you adopt a child you will be eligible for:-
• 26 weeks ordinary adoption leave, and if this period does not end prematurely
• 26 weeks additional adoption leave to immediately follow the ordinary adoption leave period
- unpaid.
• An extension to the additional adoption leave period to 52 weeks from the week of placement
– unpaid.
• Occupational Adoption Pay (OAP) at a rate of 9/10ths of a normal week’s pay (offset against
payments made by way of SAP).
• On the understanding that you will be returning to work for at least 3 months immediately
following adoption leave you shall receive, for the subsequent 12 weeks (weeks 7-18), OAP
of half a week’s normal pay without deduction except by the extent to which the combined
pay and SAP (or adoption allowance and any dependants’ allowances if you are not eligible
for SAP) exceeds full pay. However, if you do not return to local authority employment
following adoption leave for a continuous period of at least 3 months the 12 weeks half pay,
is refundable to the Council. Therefore, if you are unclear as to whether you will be
returning to work following adoption leave you may, if you wish, make a request to the
Payroll Section that this payment be deferred and paid to you in the form of a lump sum on
your return.
• In addition to OAP, if you have average weekly earnings of not less than the lower earnings
limit for the payment of National Insurance Contributions (£75 for the tax year 2002/2003),
you are entitled to receive for weeks 7-26 standard SAP (£75 for the tax year 2002/2003,
£100 for the tax year 2003/2004, or 90% of normal weekly earnings if this is less, to be paid
alongside the half occupational pay paid during weeks 7-18 up to a maximum of full pay and
on its own for weeks 19-26. SAP is paid to you by the Council on behalf of the Government.
60
Statutory Adoption Pay (SAP) is paid to you on your usual pay date in the same way as your
wages or salary.
Only one period of adoption leave may be taken if you adopt more than one child as part of the
same arrangement.
2.3
Adoption Leave
You are entitled to 26 weeks ordinary adoption leave, and if this period does not end
prematurely, you will also be entitled to additional adoption leave of a further 26 weeks.
2.4
Ordinary Adoption Leave
Ordinary adoption leave is a period of 26 weeks paid leave which can commence on the date on
which the child is placed with you for adoption or on a date specified by you which is no more
than 14 days before the date on which the child is expected to be placed with you.
2.5
Additional Adoption Leave
Additional adoption leave is a period of 26 weeks beginning on the day after the last day of the
ordinary adoption leave period.
2.6
Extension to Additional Adoption Leave
You may if you wish extend the additional adoption leave period to 52 weeks from the week of
placement.
2.7
Annual leave
Annual leave will accrue, at the normal rate, during the ordinary, additional and extended
additional adoption leave period.
You will be encouraged to take the annual leave you have already accrued in the leave year prior
to the commencement of your adoption leave whenever possible. Any annual leave accrued
during the period of your adoption leave can, by agreement with your manager, be taken
immediately following the adoption leave period or may be used to shorten the unpaid adoption
leave period subject to notification requirements for adoption leave also being fulfilled. Once
you have commenced annual leave in this way, this will be regarded as a return to work.
If your adoption leave goes over the end of one leave year and into the next, then all the annual
leave outstanding will be carried forward into the next leave year.
2.8
Bank Holidays/Christmas Concessionary Day
Bank Holidays and the Christmas concessionary day will accrue as they fall during the ordinary
adoption leave period, with a substitute day’s leave being provided on your return to work.
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2.9
Notification of start of adoption leave
✍
You must submit a) the document from the adoption agency which notified you that you
had been matched with a child; b) a document which states the name and date of birth of
that child; and c) a document stating the date on which the agency expects to place this
child with you for adoption, to your line manager together with the ‘Notification of
Adoption Leave’ form, attached at Appendix 1 (Form A). These documents should be
received by your line manager no later than 7 days after the date you were notified of
being matched with the child for the purposes of adoption. Exceptionally, if this is not
reasonably practicable these documents should be sent to your line manager as soon as is
reasonably practicable. You may vary the date you have advised that your adoption leave
will start provided you notify 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. You are advised to take a photocopy of all the
documents submitted for your own records.
Within 28 days of receiving your ‘Notification of Adoption Leave’ form you will be informed of
the date on which your additional adoption leave period, to which you are entitled after your
period of ordinary adoption leave, ends. If you vary the commencement date of your ordinary
adoption leave you will be informed within 28 days of its commencement of the date on which
your additional adoption leave period, to which you are entitled after your period of ordinary
adoption leave, ends.
In the case where you have chosen to begin your ordinary adoption leave on the date on which
the child is placed with you, and you are at work on that date, your period of leave will begin on
the day after that date.
2.10
Performance Related Pay Scheme (where applicable)
Once you have advised your manager of your intention to take adoption leave your manager will
arrange to meet with you to review your PrP targets, taking into account your pending absence
due to adoption leave. Further to this meeting, once you have notified your manager of the
actual date you will be going on adoption leave, another meeting will take place and your
manager will make an assessment in relation to the achievement of the revised targets. The same
arrangement will apply on your return to work in relation to the remainder of the PrP year. Any
subsequent PrP award payable to you will be made on a pro rata basis for the period you were at
work.
2.11
Disrupted placement in the course of adoption leave
✍
If you begin a period of adoption leave in respect of a child before the placement of the
child with you, and you are subsequently notified that the placement will not be made, or
during the period of adoption leave the child dies, or is returned to the adoption agency,
you must advise your line manager as soon as possible. In such circumstances your
adoption leave period will end 8 weeks after the end of the ‘relevant week’, that is the
week you were notified that the placement would not be made, the child died or was
returned.
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If you have begun a period of ordinary adoption leave which is due to end within 8 weeks of the
end of the ‘relevant week’, your ordinary adoption leave period will end on the expiry of the 26
weeks period and you will commence additional adoption leave which will expire 8 weeks after
the end of the ‘relevant week’.
If you have begun a period of additional adoption leave which is due to end within 8 weeks of
the end of the ‘relevant week’, your additional adoption leave period will end on the expiry of
the 26 weeks period.
2.12
Returning to work
Unless there are exceptional circumstances, you are entitled to return to the job in which you
were employed prior to commencing adoption leave and be on no less favourable terms and
conditions of employment.
Unless you choose to return earlier, or have already advised that you will not be returning to
work following adoption leave, it will be assumed that you will return to work at the end of the
26 weeks additional adoption leave period or extended additional adoption leave period.
✍
If you wish to return to work before the end of the additional or extended additional
adoption leave period you must give 21 days written notice to your line manager by
completing Form A1, attached at Appendix 2. Failure to give appropriate notice may
result in the Council postponing your return to work date to ensure there is appropriate
notice or to delay your return until the end of the additional adoption leave period, which
ever is the earlier.
✍
If, due to sickness you are unable to return to work at the end of the additional adoption
leave period, or any earlier date as notified by you, the Council’s normal sickness
arrangements will apply, and you will be regarded as having returned to work.
If you declare an intention to return to work immediately following adoption leave you will
receive, for 12 weeks, OAP of half a week’s normal pay without deduction except by the extent
to which the combined pay and SAP (or adoption allowance and any dependants’ allowances if
you are not eligible for SAP) exceeds full pay. If you do not return to local authority
employment for a continuous period of not less than 3 months immediately following adoption
leave the 12 weeks OAP will be refundable to the Council. Therefore, if you are unclear as to
whether you will be returning to work following adoption leave you may, if you wish, make a
request to the Payroll Section that this payment be deferred and paid to you in the form of a lump
sum on your return.
You are encouraged, as is your line manager, to keep in touch during your adoption leave. This
will enable you to keep each other updated and for any developments affecting your return to
work to be discussed.
2.13
Return on reduced hours or other Flexible Working Arrangements
✍
Requests to return on reduced hours following adoption leave should be made in
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writing to your line manager giving as much notice as is possible, who will in turn
contact your departmental personnel officer. Although the right to return to work
following adoption leave relates to your original terms and conditions, any request for a
change in working arrangements will be carefully considered on a case by case basis.
Please refer to Chapter 4 of this booklet.
If you are considering reducing your hours you are advised to discuss the implications of this in
more detail with your departmental personnel officer and a pensions officer.
2.14
Probation
If you commence a period of adoption leave whilst in your probation period then your
probationary period will be extended to reflect the unserved period.
2.15
Redundancy
If during your adoption leave period it is not practicable by reason of redundancy to continue to
employ you under your existing contract of employment, then if there is a suitable and available
vacancy that is appropriate for you in the circumstances, you will be offered this before your
existing contract comes to an end and will take effect immediately on the ending of the existing
contract.
2.16
Resignation
✍
The ‘Notification of Adoption Leave’ form, attached at Appendix 1, has sections that
relate to return to work or resignation. You do not have to complete these sections unless
you wish to do so and the latter section should only be completed if you have decided, at
an early stage during your adoption leave, that you do not wish to return to work. If you
decide to resign at a later stage during your adoption leave you must confirm this in
writing to your line manager, giving appropriate notice, and with a copy to your
departmental personnel officer.
In all cases of resignation any excess annual leave taken will need to be repaid.
If you received OAP of 12 weeks half pay and have not returned to Wandsworth Council for at
least 3 months immediately following adoption leave the 12 weeks OAP will be refundable to
the Council. However, if you commence work with another local authority (immediately
following adoption leave) you should inform your Departmental Personnel Section. OAP will
not be reclaimed from you if it is confirmed by the new local authority that you have maintained
continuous local government service for at least 3 months.
2.17
Failure to return to work
If you fail to return to work following your adoption leave, and your absence is not authorised,
your absence may be treated as unauthorised and dealt with accordingly under the Employees’
Disciplinary Code.
2.18
Continuous Service
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Paid adoption leave and authorised unpaid adoption leave is regarded as continuous service for
the purposes of the National Council’s Sickness Scheme and annual leave.
If you return to local government service following a break for adoption leave or reasons
concerned with caring for children you will be entitled to have previous service taken into
account in respect of the sickness and maternity schemes provided that the break in service does
not exceed 8 years and that no permanent paid full time employment has intervened. For the
purpose of the calculation of entitlement to annual leave the eight years time limit does not apply
provided that no permanent full time employment has intervened.
2.19
Pension
✍
If you are contributing to the Local Government Pension Scheme you are required to pay
pension contributions for the first 30 days of your ordinary adoption leave only.
Contributions during this period are payable at the standard rate on the pay that you
would have been receiving but for your absence. After the first 30 days, you have the
option of whether to pay the remaining contributions for your adoption related absence.
You should elect to do so within the first 30 days of either your return to work or, the
date you cease to be employed if you do not return to work. The amount you will pay is
based on the rate of pay you would have been receiving but for your absence. If you
decide to pay the contributions you should write to the Pensions Manager, Wandsworth
Council, The Town Hall (Rm 70), Wandsworth High Street, London, SW18 2PU,
notifying him of your decision.
Please note that if you decide not to pay contributions, where you have the option not to pay,
then this period will not count for the purposes of calculating your pension benefits.
2.20
Car Allowances
Your departmental personnel officer will inform payroll of the date you commence and return
from your adoption leave. If you are in receipt of an essential car user allowance you will
continue to receive this in full for 26 weeks from the beginning of your adoption leave. The
monthly instalment of the lump sum payments will then be suspended and only become payable
again on your return to work.
2.21
Council Equipment
You will normally be asked by your manager to return any Council equipment to them such as
mobile phones, lap top computers, pagers and dictaphones at the commencement of your
adoption leave period. These will be returned to you following your adoption leave.
2.22
First Aid Allowance
First aid allowance is regarded as part of your normal salary and hence will be included in any
adoption pay you receive.
2.23
Annual Season Ticket Loans
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You are advised to surrender your annual season ticket/travelcard at the commencement of your
adoption leave. Your ticket/travelcard can be handed in at the ticket office of the station at
which you bought it. The ticket office will in turn arrange for a proportion of the cost to be
reimbursed to the Council. Deductions will continue from your salary until reimbursement has
taken place. The balance remaining following reimbursement will be recouped from your salary
in the normal way or invoiced to you if you are not in receipt of pay.
If you do not surrender your season ticket and as a result of being on adoption leave you are not
in receipt of pay, you will be required to make alternative arrangements to cover the monthly
payment of the outstanding amount.
2.24
Car Loans
Car loan repayments are recouped by standing order to your bank account and hence will
continue during any period of paid or unpaid adoption leave. However, if you wish for them to
be held in abeyance until your return you should make a request to your departmental personnel
officer. If you do not return to work you will be invoiced for the outstanding amounts as
specified in the car loan documentation
66
SECTION THREE
This section is for Wandsworth Council employees who are either married to or are the partner,
of someone who is adopting a child and relates to paid time off for the purpose of caring for a
child or supporting the child’s adopter at or around the time of placement.
3.1
Paternity Leave & Pay – (Adoption)
As a Wandsworth employee you will be eligible for paternity leave of either one week’s leave or
two consecutive weeks leave with pay (one week’s normal pay for the first week, and *statutory
paternity pay (SPP) for the second week) for the purpose of caring for a child or supporting the
child’s adopter at or around the time of placement if you fulfil the following conditions a) you have been in continuous Wandsworth Council employment for a period of not less than
26 weeks ending with the week in which the child’s adopter is notified of having been
matched with the child and have had average weekly earnings of not less than the lower
earnings limit for the payment of National Insurance Contributions (£75 for the tax year
2002/2003); and
b) you are either married to or the partner (a person whether of a different or the same sex, who
lives with the adopter and the child in an enduring family relationship but is not the adopter’s
parent, grandparent, sister, brother aunt or uncle), of the child’s adopter, and
c) has or expects to have the main responsibility (apart from the responsibility of the adopter)
for bringing up the child.
*Statutory Paternity Pay (SPP) will be paid to you at a weekly rate of £75.00 where the SPP
period begins before 6th April 2003. Where the SPP period begins on or after 6th April 2003, the
weekly rate payable to you shall be the smaller of the following two amounts; a) £100.00; b)
90% of your ‘normal weekly earnings’.
✍
If you wish to apply for paternity leave you must do so no more than 7 days after the date
on which the adopter is notified of having been matched with the child, or if not
reasonably practicable to do so as soon as is reasonably practicable. You should make
your request by completing form SPLA, attached at Appendix 4, and you should include
the date the adoption agency notified the adopter s/he had been matched with a child, the
date on which the agency expects to place this child with the adopter, the length of the
period of leave required, and the date the period of paternity leave should commence.
The declaration on form SPLA will need to be completed and signed by both you and the
adopter to confirm that the qualifying conditions have been met. Paternity leave must be
taken during the period of 56 days beginning with the date on which the child is placed
with the adopter. You may vary the date of commencement of paternity leave by giving
28 days written notice. If this is not reasonably practicable, then notification should be
made as soon as is reasonably practicable. You must, as soon as is reasonably
practicable, after the child has been placed, advise of the date on which the child was
placed.
If you chose to commence your period of paternity leave on the date on which the child is placed
with the adopter and you were at work on that day, your period of leave begins on the day after
that date.
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Only one period of paternity leave may be taken in the case of more than one child being placed
with the adopter as part of the same arrangement and leave must be taken during the period of 56
days beginning with the date on which the child is placed with the adopter.
3.2
Annual Leave
Annual leave will accrue, at the normal rate, during the paternity leave period.
3.3
Bank Holidays/Christmas Concessionary Day
Bank holidays and the Christmas concessionary day will accrue as they fall during the paternity
leave period, with a substitute day’s leave being provided on your return to work.
3.4
Pension
If you are contributing to the Local Government Pension Scheme you are required to pay
pension contributions on all the payments made to you during your paternity leave.
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FORM A
Appendix 1
WANDSWORTH BOROUGH COUNCIL
NOTIFICATION OF ADOPTION LEAVE
THIS FORM NEEDS TO BE COMPLETED AND SENT TO YOUR LINE MANAGER NO
LATER THAN 7 DAYS AFTER THE DATE OF NOTIFICATION OF BEING MATCHED
WITH A CHILD FOR THE PURPOSES OF ADOPTION
Name: ______________________________
Post:_________________________
Department:
Staff No:______________________
________________________
Section/Location: _____________________
Tel Extension:_________________
Continuous employment with Wandsworth Council commenced:_________________________
Continuous local government service commenced: ___________________________________
Home Address: _____________________________ Home Tel No: ____________________
_____________________________
________________________________________________________________
Details of Adoption Leave
I was notified of being matched with a child by the adoption agency on: ______________
(Please attach confirmatory letter from the adoption agency)
The expected date of placement of the child by the adoption agency is:____________________
(Please attach confirmatory letter from the adoption agency)
The name of the child is: _____________________ The child’s D.O.B is ________________
(Please attach confirmatory letter from the adoption agency).
*I wish to start my adoption leave on: __________________________
(*This date must be the date the child is placed with you for adoption or a date specified by you
which is no more than 14 days before the date on which the child is expected to be placed with
you . You may vary the date you have advised that your adoption leave will start provided you
notify the variation at least 28 days before the date originally notified, or 28 days before the new
date, whichever is the earlier, or if that is not reasonably practicable, as soon as is reasonably
practicable.)
I confirm that I have read, understand and possess Wandsworth Council’s Adoption and
Paternity Provisions.
Signed: __________________________
(Employee)
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Date: ______________
FORM A cont’d
a)
For employees returning from adoption leave
I understand that I am due back to work either i) *52 weeks after the start of my adoption leave
or ii) 52 weeks from the date the child is placed with you. (*Please delete as appropriate). This
date is: i)________________or_ii)__________________
*I intend to return to work following adoption leave.
Yes/No
(*If you have 26 weeks
continuous service with Wandsworth Council and one year’s continuous local government
service by the end of the week in which you were matched with a child you will, if you declare in
writing your intention to return to work following adoption leave, receive Occupational
Adoption Pay (OAP) of 12 weeks half pay during your ordinary adoption leave period. We are
asking this question therefore solely for the purpose of determining your eligibility for this
payment. However, if you do receive OAP of 12 weeks half pay and subsequently decide not to
return to work (or another local authority) for a period of at least 3 months, the 12 weeks OAP
will be refundable to the Council).
I understand that if I wish to return before the end of my ordinary, additional or extended
additional adoption leave period I must give at least 21 days written notice to my line manager
by completing form A2 (attached).
I understand that if I cannot return to work, for example because I am sick, that the normal rules
in my job apply.
Signed: __________________________________
b)
(Employee)
Date: __________
For employees who have decided they will not be returning from adoption leave
It would be helpful, though not obligatory, to complete this section if you have decided at this
stage that you will not be returning to work following adoption leave.
*I do not intend to return to work following adoption leave and therefore submit my resignation.
My last day of service will be: _____________________________.
(*Please ensure you give appropriate notice).
In all cases of resignation any excess annual leave taken will need to be repaid.
Signed: ________________________________
(Employee)
Date: __________
Countersigned: __________________________
(Manager)
Date: __________
Countersigned: __________________________
(Personnel Officer)
Date: __________
70
FORM A1
Appendix 2
WANDSWORTH BOROUGH COUNCIL
EARLY RETURN TO WORK FROM ADOPTION LEAVE
THIS FORM NEEDS TO BE COMPLETED AND RECEIVED BY YOUR LINE MANAGER
AT LEAST 21 DAYS BEFORE YOU WISH TO RETURN FROM ADOPTION LEAVE
Name: ____________________________________
Address:
Staff No: ____________________
__________________________________
__________________________________
__________________________________
__________________________________
Workplace:
__________________________________
I wish to return to work before the end of my adoption leave period and am giving you 21 days
notice to this effect. I will be returning to work on ______________________________
I believe I have ______ days annual leave entitlement outstanding and wish to take annual leave
from ______________________to ___________________.
Signed: _____________________________________
Date: _______________________
Countersigned: __________________________
(Manager)
Date: __________
Countersigned: __________________________
(Personnel Officer)
Date: __________
71
Appendix 3
FORM B
SAMPLE LETTER TO EMPLOYEE ACKNOWLEDGING NOTIFICATION OF ADOPTION
LEAVE WHICH MUST BE SENT TO THE EMPLOYEE WITHIN 28 DAYS OF ITS
RECEIPT
Dear
I am writing to confirm receipt of your completed notification of adoption leave form advising of
your intention to commence your adoption leave period on <date>. I confirm you are entitled to
(26 weeks ordinary adoption leave, and if this period does not end prematurely 26 weeks
additional adoption leave and an extension to the additional adoption leave period to 52 weeks
from the week the child was placed with you). Please refer to section <section, para > of the
adoption and paternity provisions regarding your entitlement to pay. These provisions are
contained within the booklet entitled, ‘Wandsworth Council’s Provisions for Employees’ with
Caring Responsibilities’.
Your adoption leave will finish at the end of <52 weeks from the date you commenced adoption
leave> OR <52 weeks from the week the child is placed>. You must return to work at the latest
on the first working day after your adoption leave period ends which will be <date>. If you
decide at any time during your adoption leave that you will not be returning to work then will
you please provide me with your written resignation ensuring you give appropriate notice.
If you fail to return to work on the above date and have not reported in sick or tendered your
resignation, your absence may be treated as unauthorised and dealt with accordingly under the
Employees’ Disciplinary Code.
If you wish to return to work before the end of the above date you must give 21 days written
notice to your line manager by completing Form A2 (attached). Failure to give appropriate
notice may result in the Council postponing your return to work date to ensure there is
appropriate notice or to delay your return until the end of the <additional adoption> leave
period, which ever is the earlier.
I note from your notification of adoption leave form that the child is due to be placed with you
for adoption on <date>. If you have not already done so, please forward to me confirmation of
the actual date your child was placed with you.
Meanwhile, please let me know if you have any queries regarding the Council’s adoption and
paternity provisions.
Yours sincerely
Line manager/Personnel Officer
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FORM SPLA
Appendix 4
REQUEST FOR PATERNITY LEAVE – ADOPTION
THIS FORM NEEDS TO BE COMPLETED & RECEIVED BY YOUR LINE MANAGER NO
LATER THAN 28 DAYS BEFORE YOU WISH YOUR PATERNITY LEAVE TO START.
To apply for paternity leave you must complete this form and return it to your line manager no
later than 7 days after the date on which the adopter is notified of having been matched with a
child. Your application should include the date the adoption agency notified the adopter
s/he had been matched with a child, the date on which the agency expects to place this child
with the adopter, the length of the period of leave required, and the date the period of
paternity leave should commence. Only one period of paternity leave may be taken in the case
of more than one child being placed with the adopter as part of the same arrangement.
Paternity leave shall be granted to you if you are a Wandsworth Council employee with at least
26 weeks continuous Wandsworth Council service (by the week in which the child’s adopter is
notified of having been matched with the child) and you require time off for the purpose of
caring for a child or supporting the child’s adopter, at or around the time of placement, and you
satisfy the following conditions a) you are either married to or the partner (a person whether of a different or the same sex, who
lives with the adopter and the child in an enduring family relationship but is not the adopter’s
parent, grandparent, sister, brother aunt or uncle), of the child’s adopter, and
b) has or expects to have the main responsibility (apart from the responsibility of the adopter)
for bringing up the child.
Name of employee:__________________________________
Staff No:_______________
Date of continuous Wandsworth Council service: ___________________________________
Period when paternity leave is required, from:___________________ to:_________________
(Paternity leave of either one week or two consecutive weeks leave with pay (one week’s normal
pay for the first week, and statutory paternity pay of the smaller of the following two amounts; a)
£100.00; b) 90% of your ‘normal weekly earnings’ for the second week) may be granted and
must be taken during the period of 56 days immediately following placement. You may vary the
date you have advised that your paternity leave will start provided you notify 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).
*I am either married to or the partner (a person whether of a different or the same sex, who lives
with the adopter and the child in an enduring family relationship but is not the adopter’s mother
parent, grandparent, sister, brother aunt or uncle), of the child’s adopter and have or expect to
have the main responsibility (apart from the adopter’s responsibility) for the upbringing of the
child
* Please delete as appropriate.
Signed: __________________________________
Countersigned: ___________________________
Countersigned: ___________________________
Countersigned: ___________________________
73
(Employee requesting Paternity leave)
(Expectant Mother) Date: __________
(Manager)
Date: __________
(Personnel Officer) Date: __________
CHAPTER THREE – PARENTAL LEAVE PROVISIONS
SECTION ONE
1.1
If you have one year’s continuous local government service and have or
expect to have responsibility for a child you will be eligible for:
• Up to 13 weeks parental leave for the purpose of caring for that child or 18 weeks if the
child is in receipt of disability allowance. Parental leave is unpaid.
1.2
What does ‘responsibility for a child’ mean?
An employee will be deemed to have responsibility for a child if s/he has parental responsibility
or has been registered as the child’s father. A parent includes the following:
The mother
The father of the child if he was married to the mother at the time of the birth or he is
registered as the child’s father.
• The father (if not covered by the above) if he has acquired parental responsibility under the
Children Act 1989.
• A guardian appointed under the Children Act 1989.
• Adoptive parents.
•
•
1.3
How and when parental leave may be taken
You may take up to 13 weeks parental leave in total for each child, beginning on the date upon
which you become entitled to the leave. This will either be the date of your child’s birth (or of
placement in the case of adoption) or after having accrued 12 months continuous local
government service. A maximum of 4 weeks parental leave may be taken in respect of an
individual child during a particular year. Any parental leave taken with a previous employer will
be taken into account when calculating your entitlement to leave.
You are eligible for parental leave for the period up to the child’s 5th birthday or 18th birthday if
the child has a disability and is entitled to disability living allowance. Parents adopting a child
will be entitled to the same leave in the five years from the date of adoption if the child is under
18 years of age.
You may take parental leave in a single block of 4 weeks or in multiples of a week. If you take
parental leave which is for a shorter period than a week it shall be counted as a weeks parental
leave. However, if your child is entitled to disability living allowance you may take parental
leave in a single block of 4 weeks or in multiples of a day. If you take parental leave which is
for a shorter period than a day it shall be counted as a days’ parental leave.
If your working pattern normally varies from week to week or over a longer period, or if you are
normally required to work in some weeks and not others, a week is the total of all periods in
which you work, divided by 52.
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1.4
Notification of start of parental leave
✍
You must complete the ‘Notification of Parental Leave’ form attached at Appendix 1, and
submit it to your line manager no later than 21 days before the date on which you wish
your parental leave to begin. You must also attach to this form documentary evidence of
your entitlement to parental leave such as a copy of the relevant child’s birth certificate
and in the case of adoption, a copy of the letter stating the date of the child’s placement
etc. If the child receives disability living allowance please also submit documentary
evidence of this.
1.5
Postponement of leave
The Council may postpone parental leave if it would be unduly disruptive to the service.
1.6
Annual leave
Annual leave will accrue, at the normal rate, during parental leave.
1.7
Bank Holidays/Christmas Concessionary Day
To avoid any uncertainty it should be noted that bank holidays and the Christmas concessionary
day will not accrue during the parental leave period.
1.8
Right to Return
Unless there are exceptional circumstances, you are entitled to return to the job in which you
were employed prior to commencing parental leave and be on no less favourable terms and
conditions of employment.
1.9
Continuous Service
Authorised parental leave is regarded as continuous service for the purposes of the National
Council’s Sickness Scheme and annual leave.
If you return to local government service following a break for parental leave or reasons
concerned with caring for children you will be entitled to have previous service taken into
account in respect of the sickness and maternity schemes provided that the break in service does
not exceed 8 years and that no permanent paid full time employment has intervened. For the
purpose of the calculation of entitlement to annual leave the eight years time limit does not apply
provided that no permanent full time employment has intervened.
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1.10
Pension
✍
If you are contributing to the Local Government Pension Scheme you are required to pay
pension contributions for the first 30 days of your ordinary adoption leave only.
Contributions during this period are payable at the standard rate on the pay that you
would have been receiving but for your absence. After the first 30 days, you have the
option of whether to pay the remaining contributions for your adoption related absence.
You should elect to do so within the first 30 days of either your return to work or, the
date you cease to be employed if you do not return to work. The amount you will pay is
based on the rate of pay you would have been receiving but for your absence. If you
decide to pay the contributions you should write to the Pensions Manager, Wandsworth
Council, The Town Hall (Rm 70), Wandsworth High Street, London, SW18 2PU,
notifying him of your decision.
Please note that if you decide not to pay contributions, where you have the option not to pay,
then this period will not count for the purposes of calculating your pension benefits.
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FORM P1
Appendix 1
WANDSWORTH BOROUGH COUNCIL
APPLICATION FOR PARENTAL LEAVE
THIS FORM NEEDS TO BE COMPLETED AND SENT TO YOUR LINE MANAGER NO
LATER THAN 21 DAYS BEFORE YOU WISH YOUR PARENTAL LEAVE TO START
1.
I wish to apply for parental leave between ……………………………………….. (dates)
as discussed with my line manager.
2.
I have ….. child/ ….. children (please complete the relevant number) who was/were born
on or after 15 December 1999 and is/are under the age of five years.
(please submit a copy of the birth certificate(s) attached to this form and if your child is
in receipt of disability allowance, proof of this).
3.
If you are not the named on the birth certificate please confirm which of the categories set
out below you fall into:
Category
Please tick if
applicable
A father who was married to the mother at the time of birth
A parent who has acquired parental responsibility under the Children Act 1989
A guardian appointed under section 5 of the Children Act 1989
An adoptive parent
4.
I confirm that my purpose in requesting leave is for caring for my child/children.
5.
I have taken ….. days/weeks parental leave with Wandsworth and previous employers.
6.
I am/am not employed by any other department of the Council (please delete as
applicable).
If you are employed by another department please give details of that post below:
Job title:
………………………………………………………………………..
Department:
………………………………………………………………………..
Line Manager: ………………………………………………………………………..
Signed: …………………………………… (Employee)
Date: _____________
Countersigned: ……………………………. (Manager)
Date: _____________
Countersigned: …………………………… (Personnel Officer)
Date: _____________
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CHAPTER FOUR - FLEXIBLE WORKING PROVISIONS
SECTION ONE
This section is for Wandsworth Council employee’s with parental responsibility for a child under
the age of 6 (18 if the child is disabled), who wish to apply for a permanent change to their hours
of work and/or times required to work and/or where they work to enable them to care for that
child. Other working arrangements may be agreed between employees and managers outside
this statutory procedure, for example, for temporary variations to working arrangements.
1.1
As a Wandsworth employee you may apply for a change in your terms and
conditions of employment to enable you to care for a child under 6 years of age (18
if the child is disabled) if you fulfil all of the following conditions -
a)
d)
you have been in continuous Wandsworth Council employment for a period of not less
than 26 weeks by the date of application;
you are the mother, father, adopter, guardian or foster parent of the child or the partner
(whether same or of a different sex) of such a person;
you are living with the child and are in an enduring family relationship and have specific
parental responsibility; and
you have or expect to have responsibility for the upbringing of the child.
1.2
Application for flexible working
✍
To ensure you include all the necessary information to enable your request for flexible
working to be considered please complete the ‘Application for Flexible Working’ form
attached at Appendix 1, and submit it to your departmental personnel officer with a copy
to your line manager. You must make a request no later than 14 days before the child to
be cared for reaches the age of 6, or 18 years in the case of a disabled child. Please note
an application cannot be made unless 12 months has elapsed since the date of a previous
application.
b)
c)
You are not obliged to provide documentary evidence to support your application but it may
assist the consideration of your case if you are able do so. As any change constitutes a variation
of the contract of employment, should you be found to have made misrepresentations in your
application this could lead to disciplinary action under the Employees’ Disciplinary Code.
Flexible working covers a wide range of work patterns and to obtain examples of those currently
operated by the Council, please contact your departmental personnel officer.
1.3
Meeting to discuss application for flexible working
A meeting will be arranged with you to discuss your application within *28 days after the date of
your application unless the variation proposed is accepted without the need for a meeting. If this
is the case you will be notified of this in writing within this time period.
*If the appropriate manager considering your application is on holiday or on sick leave at the
time your application is received, the 28 day time limit will commence from the date of return to
work. There are no other circumstances in which there will be an automatic extension. However,
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the manager and you can agree to extend any of the time-scales within the procedure as long as
this agreement is set out in writing by the manager and specifies which stage the time limit
relates to. This agreement must specify the date on which the extension is to end and must be
signed and dated. The ‘Application for Flexible Working Extension of Time Limit’ form
attached as Appendix 2 may be completed in such circumstances.
Where a meeting is held you will have the right to be accompanied. If your representative is
unavailable, the meeting can be postponed provided that the alternative time proposed is
reasonable and within 5 days of the date originally proposed for the meeting.
If the manager indicates your request may be unacceptable, alternative arrangements should be
discussed at this meeting.
1.4
Notice of decision
Where a meeting has taken place to discuss your application you will be notified of a decision
within 14 days after the date of the meeting.
If your application is accepted this will constitute a variation of your terms and conditions of
employment. Unless agreed otherwise between the Council and yourself the variation will be
deemed as permanent and confirmed in writing
If your request is refused, this will be on business grounds, and you will receive a written
explanation of the grounds for refusal and given information about the appeal procedure. The
grounds upon which your request may be refused are:a)
b)
c)
d)
e)
f)
g)
✍
the burden of additional costs;
the detrimental effect on ability to meet customer demand;
an inability to reorganise work among existing staff;
planned structural changes;
an inability to recruit additional staff;
a detrimental impact on quality or performance; or
an insufficiency of work during the period the employee proposes to work
If you are not satisfied with manager’s decision you may appeal to your employing
Director in writing within 14 days after the date the notice of decision was given setting
out the grounds of the appeal. The appeal should be signed and dated.
In considering any appeal, the Director or nominee will hold a meeting with you on a date
convenient to both parties and within 14 days after the date on which notice of appeal is given.
You have a right to be accompanied at that meeting. The Director or nominee will notify you of
the decision in writing within 14 days after the date of the appeal meeting.
1.5
Withdrawal of Application
At any point the Council may treat your application as withdrawn in the following
circumstances:
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a) where you have notified the Council, orally or in writing, that you are withdrawing your
application.
b) where without reasonable cause you fail to attend a meeting or an appeal meeting more than
once.
c) where without reasonable cause you refuse to provide your manager with the information
needed in order to assess whether a contract variation should be agreed
The manager will acknowledge any withdrawal in writing.
1.6
Continuous Service
If you return to local government service following a break for reasons concerned with caring for
children, for example a career break, you will be entitled to have previous service taken into
account in respect of the sickness and maternity schemes provided that the break in service does
not exceed 8 years and that no permanent paid full time employment has intervened. For the
purpose of the calculation of entitlement to annual leave the eight years time limit does not apply
provided that no permanent full time employment has intervened.
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Appendix 1
FORM F1
WANDSWORTH BOROUGH COUNCIL
APPLICATION FOR FLEXIBLE WORKING
THIS FORM NEEDS TO BE COMPLETED AND SENT TO YOUR DEPARTMENTAL
PERSONNEL OFFICER AND COPIED TO YOUR LINE MANAGER
Surname:…………………………………….
Forename:…………………………………
Department:…………………………………
Staff No……………………………………….
Line Manager:………….……………………
Job Title:……………..………………………
I wish to apply for a flexible working pattern that is different to my current working
pattern under my right provided in law. I confirm that I meet each of the eligibility
criteria as follows:
• on the date of application I have at least 26 weeks continuous service with Wandsworth
Council;
• I am the mother, father, adopter, guardian or foster parent of the child, or married to or the
partner of such a person;
• I am making this request to help me care for the child;
• I am living with the child and be in an enduring family relationship and have specific
parental responsibility;
• I am making this request no later than two weeks before the child’s 6th birthday, or 18th
birthday where disabled; and
• I have not made a request to work flexibly under this right during the past 12 months
I have attached the following documents to this request (please list):
I understand that any change arising from this application will normally result in a permanent
change to my contract of employment, unless otherwise agreed.
I understand that should this application contain misrepresentations, then action may be taken
against me under the Employees’ Disciplinary Code.
(Please continue overleaf)
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Request for Flexible Working (continued)
My current working pattern is:
……………………………………………………………………………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………
I wish to work the following pattern in future:
……………………………………………………………………………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………
I would like this working pattern to commence from this date:…………………………….
I think this change in my working pattern will affect my employer and colleagues as follows:
……………………………………………………………………………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………
I think the effect on my employer and colleagues of this change can be dealt with as follows:
……………………………………………………………………………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………
……………………………………………………………………………………………………
Signed: …………………………………… (Employee)
Date: ………………………..
Countersigned by: ………………………… (Manager)
Date: ………………………..
Countersigned by: ………………………… (Personnel Officer)
Date: ………………………..
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FORM F2
Appendix 2
WANDSWORTH BOROUGH COUNCIL
APPLICATION FOR FLEXIBLE WORKING EXTENSION OF TIME LIMIT FORM
Dear: ……………………………………………
(Employee)
Staff No: ……………………
I wish to extend the amount of time that the regulations allow me to:
•
•
•
•
Arrange a meeting to discuss your application (28 days)
Notify you of my decision regarding your application (14 days)
Arrange a meeting to discuss your appeal (14 days)
Notify you of my decision regarding your appeal (14 days)
I wish to extend the time limit to …….. days. This will mean that I will have until: …………….
to complete the necessary action. I need the extra time for the following reason:
If you agree to this extension, please complete the section below and return a copy of this form
to me in room …………………………………………………………………………………….
Signed: …………………….……….. Job Title ………………………..… Date: ………………
--Dear ……………………………………..
I accept your request to extend the amount of time to: …………………………………………….
Signed: …………………….……….. Job Title ………………………..… Date: ………………
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CHAPTER FIVE – DEPENDANTS LEAVE PROVISIONS
SECTION ONE
This section is for employees with dependants. These provisions are to be read in conjunction
with existing leave provisions.
1.1
You will be granted a reasonable amount of time off to make arrangements for the
provision of care for dependants with unexpected problems. Dependants leave is unpaid.
1.2
What does ‘dependant’ mean?
A ‘dependant’ is defined, in relation to an employee, as a spouse, child, parent, or person who
lives in the same household otherwise than by reason of being employed, a tenant, a lodger or
boarder. In addition to such persons, a dependant is any individual who reasonably relies on the
employee for assistance on an occasion when the person falls ill or is injured or assaulted, or to
make arrangements for the provision of care in the event of illness or injury.
1.3
Under what circumstances is Dependants leave agreed.
You will be granted a reasonable amount of time off to take action which is necessary:• to provide assistance on an occasion when a dependant falls ill, gives birth, or is injured or
assaulted,
• to make arrangements for the provision of care for a dependant who is ill or injured,
• in consequence of the death of a dependant,
• because of the unexpected disruption or termination of arrangements for the care of a
dependant, or
• to deal with an incident, which involves a child of the employee and which occurs
unexpectedly in a period during which an educational establishment, which the child attends,
is responsible for him or her.
1.4
Notification of start of Dependants leave.
✍
You must complete the ‘Notification of Dependants Leave’ form attached at Appendix 1,
and submit it to your line manager as soon as reasonably practicable.
It is intended that dependants leave be granted to enable you to make arrangements for the
provision of care for a dependant, not provide the care personally. Therefore, in most cases one
or two days will be the most that are needed to sort out immediate problems and long term
arrangements. However, the amount of time that is ‘reasonable’ will depend on the
circumstances of the particular case.
1.5
Continuous Service
Authorised dependants leave is regarded as continuous service for the purposes of the National
Council’s Sickness Scheme and annual leave.
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If you return to local government service following a break for reasons concerned with caring for
children or other dependants you will be entitled to have previous service taken into account in
respect of the sickness and maternity schemes provided that the break in service does not exceed
8 years and that no permanent paid full time employment has intervened. For the purpose of the
calculation of entitlement to annual leave the eight years time limit does not apply provided that
no permanent full time employment has intervened.
85
Appendix 1
FORM D1
WANDSWORTH BOROUGH COUNCIL
APPLICATION FOR DEPENDANTS LEAVE
THIS FORM SHOULD BE COMPLETED AS SOON AS REASONABLY PRACTICABLE
AND SENT TO YOUR LINE MANAGER
1.
I wish to apply for dependants leave in order to care for …………………………………..
who is a dependant of mine.
Please give details of relationship with dependant and reason for needing leave and dates
requested.
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
Signed: …………………………………… (Employee)
Date: ……………….
Countersigned: …………………………… (Manager)
Date: ……………….
Countersigned: …………………………… (Personnel Officer)
Date: ……………….
86