UCL Parental Leave and Pay Policy
1. Purpose
1.1. This document sets out UCL's policy for entitlements to Maternity, Adoption, Shared
Parental (from 5th April 2015) Paternity/Partner’s, Additional Paternity/Partner’s (up to 4th
April 2015) Surrogacy, Fertility, Fostering and (Ordinary) Parental Leave and Pay.
2. Scope
2.1. This policy applies to all UCL employees regardless of length of service or funding
source.
2.2. Further information about conducting risk assessments is available from UCL Safety
Services: http://www.ucl.ac.uk/estates/safetynet/guidance/pregnant_workers/index.htm
2.3. Advice about maintaining a healthy and safe working environment is available from UCL
Occupational Health. The website also includes information about fertility treatment and
support and access to the Employee Assistance Programme ‘Workplace Options’.
3. Definitions
3.1 See Appendix A for definitions and abbreviations used throughout this Policy and
Procedure.
4. Policy
Maternity Leave
Criteria for Entitlement
4.1 There is no qualifying length of service requirement for Maternity Leave (ML) or
Occupational Maternity Pay (OMP) however staff will need to fulfil Statutory Maternity Pay
(SMP) qualifying requirements in order to receive statutory pay.
Entitlement
4.2 The legal minimum ML which employees are required to take is 2 weeks commencing
with the day on which childbirth occurs, except where a child is born before the Expected
Week of Childbirth (EWC), when the compulsory ML starts on the day after the child is born.
An employee can opt to return to work any time after the end of the 2-week compulsory
leave period up to the end of the 52-week maximum ML period.
4.3 All employees on ML are entitled to the following:

Occupational Maternity Pay (OMP)
OMP is full pay for 18 weeks. This can be paid in either of the following ways:
(i) 18 weeks' full pay, or
(ii) 9 weeks' full pay followed by 18 weeks' half pay.
1
4.4 In addition to OMP, an employee on ML will be eligible for SMP if she has at least 26
weeks' service at the Notification Week (15th week before the EWC) provided that the
average earnings are above the lower earnings limit for National Insurance contributions.
SMP is payable for a 39-week period and is included within the weeks of full pay. Payment
for the two options is as follows:
Week
Option (i)
Option (ii)
1–9
Full pay
(incorporating 6
weeks higher
rate SMP + 3
weeks lower
rate SMP)
Half pay + lower
rate SMP
19 - 27
Full pay
(incorporating 6
weeks higher
rate SMP + 3
weeks lower
rate SMP)
Full pay
(incorporating
lower rate SMP)
Lower rate SMP
28 - 39
40 – 52
Lower rate SMP
Unpaid
10 - 18
Half pay
(incorporating
lower rate SMP)
Lower rate SMP
Unpaid
Not eligible for
SMP: option(i)
Full pay
Not eligible for
SMP: option (ii)
Full pay
Full pay
Half pay
Unpaid
Half pay
Unpaid
Unpaid
Unpaid
Unpaid
Please check the Government website for the current SMP rate.
4.5 If the employee chooses not to return to work or not to continue to work for at least three
months after the period of maternity leave, UCL will normally reclaim the whole or part of the
non-statutory element of maternity pay.
Notification of and Triggers for ML
4.6 Anyone wishing to request ML should follow the procedure outlined in Appendix B to this
policy and notify her line manager of her EWC.
4.7 ML can start on any day of the week as it depends on:



When the employee wants to start her leave: the earliest that ML can start is 11 weeks
before the EWC
Whether the employee has been off work with a pregnancy related illness: If a pregnant
employee takes any time off work with a pregnancy-related condition in the 4 weeks prior
to the EWC, ML will usually start automatically on the day after the first day of absence.
However, the employee and their manager may not wish for the maternity leave to start
automatically, for example if the employee has a mild pregnancy-related sickness, so
they can agree that ML is not triggered. In this situation the manager should record the
details of the agreement in writing to avoid uncertainty over the start and end dates of
the agreed maternity leave period.
When the baby is born: ML will start automatically the day after the baby is born, if the
baby is born early, or stillborn after the start of the 24th week of pregnancy.
Antenatal Care
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4.8 Employees who are pregnant are entitled to take reasonable paid time off during working
hours for antenatal care. An employee whose partner is pregnant is entitled to request
unpaid time off to accompany her/his partner to up to two such appointments.
Risk Assessment
4.9 Once an employee has confirmed she is pregnant, her line manager must review the
existing risk assessment/s for her work and consider any risks to the health and safety of the
pregnant mother and that of her unborn child.
Maternity Pay
4.10 Payment of Maternity Pay commences simultaneously with the beginning of the ML
period and is paid monthly in arrears (in the same way salary is paid). Pay slips will be sent
to the employee's home address when she is on ML.
Adoption Leave
Entitlement and Eligibility
4.11 The primary adoptive parent and someone with whom she/he is adopting a child, are
both entitled to the same provision in terms of service requirements, pay, amount of leave,
return to work, etc. as that which she/he would receive under UCL ML arrangements.
Employees who are prospective primary adopters may take paid time off in order to attend
up to five adoption meetings. Employees who are adopting a child with someone else who is
the primary adopter, are entitled to take unpaid time off in order to attend up to two such
meetings.
4.12 Adoption Leave (AL) can start anytime from the date that the adopted child is placed, or
up to fourteen days before the date of the placement. Any employee who has been
approved by an Adoption Agency or Social Services Department as an adoptive parent, can
qualify for AL, although not when an individual adopts the child or children of a partner.
Adoption Pay
4.13 An employee on AL will be eligible for Statutory Adoption Pay (SAP) if she/he has at
least 26 weeks' service at the Notification Week (15th week before the expected adoption
placement date) provided that the average earnings are above the lower earnings limit for
National Insurance contributions.
4.14 SAP is payable for a 39 week period and is included within the weeks of Occupational
Adoption Pay (OAP). AL taken between weeks 40 – 52 (13 weeks in total) is unpaid.
4.15 If the child's placement ends during the AL period, the adopter will be able to continue
AL for up to eight weeks after the end of the week in which the placement stops. Payment of
adoption pay continues for this eight week period, or until the end of the employees SAP
period if that is sooner.
4.16 Payment of Adoption Pay commences simultaneously with the beginning of the AL
period and is paid monthly in arrears (in the same way salary is paid). Pay slips will be sent
to the employee's home address when she/he is on AL.
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Documentation
4.17 For information about how to request AL see Appendix B.
Shared Parental Leave
Criteria for Entitlement
4.18 There is no qualifying length of service requirement for Shared Parental Leave (ShPL)
or Occupational Shared Parental Pay (OSPP) however staff need to fulfil Statutory Shared
Parental Pay (SSPP) qualification requirements to receive statutory pay.
4.19 An employee can choose to bring her ML, or her/his AL to an end at any point after the
compulsory two week period following the birth/adoption of the child and to share the
remaining entitlement with her/his partner: Therefore the maximum amount of leave that can
be shared between the parents is 50 weeks. The leave must be taken during the 12 months
following the birth or adoption of a child.
4.20 If the partner of a primary adopter or woman who has given birth wishes to take leave
during the first two weeks following the placement/birth of a child, she/he should request to
use Paternity/Partner’s Leave (PL) (see section 4.4 below).
Eligibility
4.21 ShPL can be taken by each parent separately. Alternatively, some or all of it may be
taken simultaneously.
4.22 To qualify for ShPL at UCL, an employee must have, or expect to have responsibility for
caring for the child.
4.23 For ShPL to commence, the mother or primary adoptive parent must have given notice
to end her/his ML or AL, or have returned to work.
4.24 An employee wishing to take ShPL must ensure the necessary notifications and
declarations are completed and submitted to their line manager within the timescales
specified. These can be found in Appendix D.
4.25 If the employee is not the mother or primary adoptive parent, UCL may request:

A copy of the birth certificate (or copy of MATB1/declaration from the parents if the birth
certificate is not yet available)
or in the case of adoption:



The agency’s name and address;
The date that the adopter was notified of being matched with the child;
The date on which the child is expected to be placed with the family;
and

The name and address of their partner’s employer (or, if they are self-employed, a
declaration from the partner that there is no employer).
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4.26 In addition to Occupational Shared Parental Pay, an employee will be eligible for SSPP
if they:



have been continuously employed by UCL for 26 weeks up to and including the 15th
week before the EWC, or week in which they are matched for adoption; and
remain continuously employed in the week before any ShPL is due to start; and
have earned not less than the ‘lower earnings limit’ in the relevant period.
and additionally, their partner must:




have or expect to have responsibility for caring for the child;
have been an employed or self-employed earner in Great Britain for a total of 26 weeks
(not necessarily continuously)in the period of 66 weeks leading up to the week the child
is due (or matched for adoption);
have earned an average of at least £30 a week in 13 of those 26 weeks; and
consent to the employee taking ShPL
Periods of Leave
4.27 Any period of ML/AL taken by the mother or primary adoptive parent will be deducted
from the period of 50 weeks’ ShPL, with the balance available to be shared between the
parents. The leave can be taken subject to the following requirements:



It is for a minimum period of at least one week;
It is taken in multiples of complete weeks;
It is taken as one continuous period or as up to 3 discontinuous periods.
4.28 This means that a mother or primary adoptive parent can return to work after ML or AL
and take ShPL at a later date or dates (subject to the notice requirements explained below).
Similarly, her/his partner can take ShPL at any time.
4.29 ShPL can be taken by one parent whilst her/his partner is on another type of leave,
such as Paternity Leave or Ordinary Parental Leave. Additionally, a mother or primary
adopter does not have to have actually ended their ML/AL for ShPL to start for their partner,
provided they have given the required 8 weeks notice of their intention to do so.
Notification
4.30 If an employee is eligible for and intends to take ShPL, she/he must provide her/his line
manager with the following:



Notice indicating an intention to end ML or AL, if the employee is the mother/primary
adopter or a separate notice of a partner’s intention to do so;
A notice of entitlement to take ShPL (see Appendix D). The notice of entitlement must be
submitted at least eight weeks before the employee intends to take a period of ShPL;
A notice of her/his planned period/s of ShPL using a Period of Leave Notice (PLN) form
(see Appendix D).
4.31 An employee is entitled to submit three separate PLNs. This means that an employee
could book three separate periods of ShPL during the child’s first year in the family. A PLN is
usually binding and cannot typically be withdrawn.
4.32 If an employee wishes to vary the period/s of ShPL requested, she/he must notify
her/his line manager (see Appendix D).
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Shared Parental Pay
4.33 An employee on ShPL will be eligible for SSPP if she/he has at least 26 weeks' service
at the Notification Week (15th week before the EWC) provided that the average earnings are
above the lower earnings limit for National Insurance contributions.
4.34 SSPP is payable for a maximum of 37 weeks (as the mother/primary adopter must take
the first 2 weeks following birth/adoption). SSPP is included within the weeks of OSPP.
4.35 Those on ShPL are eligible to receive up to 16 weeks OSPP for the first 16 weeks of
leave taken after the 2 week period of compulsory ML/AL and a maximum of a further 21
weeks of SSPP. This is subject to the above eligibility and notice requirements having been
satisfied. If the parents are sharing leave during this period they should nominate which
partner will claim the enhanced occupational pay – or part thereof if they are sharing. The
actual payment is not transferred between organisations so if a non-UCL partner is claiming
the enhanced element the partner’s organisation will pay this, subject to eligibility.
4.36 SSPP is paid at a rate fixed by Government, or 90% of average weekly earnings if this
is lower. The remaining 13 weeks entitlement to ShPL, for employees entitled to SSPP, are
unpaid.
4.37 Payment of Shared Parental Pay commences simultaneously with the beginning of the
ShPL period and is paid monthly in arrears (in the same way salary is paid). Pay slips will be
sent to the employee's home address when she/he is on ShPL.
Paternity/Partner's Leave
4.38 The partner of the mother or primary adoptive parent may take paid leave of up to 20
working days, pro rata for part time staff. This can be taken from 3 months before the EWC
or the date of adoption and up to 3 months afterwards. Paternity/Partner's Leave and Pay
(PL/P) does not have to be taken at one time and can be spread over this 6 month period.
There is no qualifying length of service for entitlement to PL/P. An employee cannot take PL
once a period of ShPL has commenced. For information about how to request PL see
Appendix B.
Additional Paternity/Partner’s Leave
Entitlement
4.39 For children due to be born or adopted on or before 4th April 2015 in addition to periods
of PL an employee is entitled to between 2 and 26 weeks of Additional Paternity/Partner’s
Leave (APL) if her/his partner has returned to work without exhausting entitlement to ML or
AL. The employee may also be able to transfer statutory pay not taken by her/his partner to
be taken as Additional Statutory Paternity Pay (ASPP). If the partner has exhausted SMP or
SAP any leave transferred will be unpaid.
Eligibility
4.40 APL is available for someone sharing parental responsibility with the birth mother or
primary adopter for a newly born or adopted child, who intends to care for that child during a
period of APL. There is no qualifying length of service for APL.
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4.41 An employee will be eligible for ASPP if she/he has at least 26 weeks' service at the
Notification Week (15th week before the EWC or date of adoption) provided that average
earnings are above the lower earnings limit for National Insurance contributions.
4.42 The leave must not start earlier than 20 weeks after the baby is born or in cases of
adoption 20 weeks after the child is placed. The other parent’s M/AL must have ended
before APL begins. All APL must be used within a year of the birth or adoption placement
date.
Additional Statutory Paternity/Partner’s Pay
4.43 If her/his partner returns before receiving a maximum of 37 weeks statutory pay, an
employee taking APL is eligible to have transferred to them any outstanding SMP/SAP. Both
partners can between them receive a combined maximum of 39 weeks statutory pay.
Notification of APL
4.44 An employee wishing to take APL must give 8 weeks’ notice of this intention. For
information about how to request APL see Appendix B.
Surrogacy
4.45 If either or both the intended parents in a surrogacy arrangement works for UCL, each
has a right to request unpaid time off to attend up to two antenatal appointments.
4.46 The birth mother of a child will be covered by the same provisions as outlined in ML
arrangements (see 4.1 above).
4.47 An employee who is the primary adopter of a child born from a surrogate mother is
entitled to the same provision in respect of service requirements, Occupational adoption pay,
return to work etc. as outlined in AL arrangements (see 4.11 above). She/he will not be
eligible for SAP or SMP.
Stillbirths
4.48 There shall be no distinction between live and stillbirths in the granting of ML, ShPL, or
PL, providing the pregnancy lasts for at least 24 weeks.
‘Keeping in Touch’ and ‘Shared Parental Leave in Touch’ days
4.49 An employee and her/his manager can (in cases of ML, AL or until 4 April 2015 APL)
agree up to 10 'Keeping in Touch' (KIT) days and a maximum per employee of 20 ‘Shared
Parental Leave in Touch’ (SPLIT) days. Either the line manager or the employee can
suggest the use of these days but they must be agreed by the line manager. Line manager/s
will only agree to a KIT or SPLIT day when the day can be structured to ensure that it is
used productively. Any work undertaken on a KIT or SPLIT day will be treated as a whole
KIT or SPLIT day, irrespective of the actual amount of time spent at work and will count as a
whole day’s entitlement. Employees will receive equivalent paid time off in lieu for time spent
working during KIT or SPLIT days. TOIL days should be agreed directly with the line
manager to be taken on the employee’s return from ML, AL or ShPL. KIT and SPLIT days
not taken are not added to annual leave entitlement.
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Continuity of Employment
4.50 Employees are entitled to return to the same job if parental leave (of any type) of 26
weeks or less has been taken, regardless of the number of periods of leave.
4.51 Employees who take more than 26 weeks’ parental leave have the right to return to
either the same job, or a similar job if it is not reasonably practicable to return to the same
position. Where an employee exercises her/his right of returning to work, the whole of her/his
absence shall be regarded as part of her/his period of continuous employment for the
calculation of superannuation, seniority benefits, accrual of annual leave and of entitlement
to statutory rights.
Annual Leave
4.52 Annual leave (including bank holidays and UCL closure days) is accrued throughout the
whole period of ML, ShPL, AL or APL.
Financial Assistance for Departments
4.53 In the event that an employee applies to take ML, AL, ShPL, PL or APL under this
policy, the Department may request financial assistance to cover the duties of the absent
employee which need to be undertaken within the period of absence and which cannot be
covered by other staff in the department within their usual working week.
4.54 The majority of Research Councils permit Principal Investigators to extend the duration
of a research project by the length of ML, AL, ShPL or APL, or the employment of a second
Researcher.
4.55 To ensure full financial support can be obtained, including financial support from
Research Councils, contact should be made at the earliest opportunity with either the
relevant finance or research administration contact.
Reorganising Duties
4.56 In the event that full cover of the duties of the absent employee are not required
(because for example, an individual’s research cannot be easily picked up by another
person) the line manager may, following consultation with the affected staff, propose some
fixed term reorganisation of duties within the team.
Transition from Part-time to Full-time Work
4.57 UCL is committed to supporting its employees in maintaining a ‘work life balance’.
Employees who take extended leave such as ML, AL, ShPL, PL or Ordinary Parental Leave
sometimes wish to return to work on a part-time basis. This arrangement may only be
required in the short to medium term. If an employee wishes to return to working full time,
there is no automatic financial barrier to prevent them from doing so. Such requests should
be considered on a case-by-case basis and refused only where there is an objective
business reason. The option of reverting to full time working should be discussed ahead of
the extended leave being taken. For further information about UCL’s commitment and
approach to balancing family and work commitments see the Work Life Balance Policy.
End of Employment
8
4.58 For employees with open-ended appointments who decide not to return to work
following a period of ML, AL, ShPL or APL, employment will end once entitlement to SMP,
SAP, SSPP, or ASPP and accumulated annual leave is exhausted, unless she/he
commences employment with another employer prior to this date. An employee choosing not
to return to work, should give her/his line manager notice of this intention in line with the
terms of her/his contract of employment. Ending of employment in this manner is treated as
a resignation.
4.59 Employees choosing not to return to work after a period of ML, AL, ShPL or APL
accumulate entitlement to annual leave, which must be taken at the end of this period. Under
these circumstances, an employee’s appointment will terminate on the last day of annual
leave. At the end of the statutory pay period, wages will continue to be paid at the rate of full
pay for any accumulated entitlement to untaken annual leave, after which a P45 will be sent
to the employee’s home address.
4.60 For employees whose contract ends during the period of parental leave (of whatever
type), e.g. end of fixed term contract or redundancy, UCL will pay the appropriate
occupational pay entitlement until the last day of employment. After this date, if an employee
is entitled to statutory pay, this will be paid until the end of the 39-week period, plus any
outstanding annual leave.
4.61 UCL rules about managing redundancy apply during ML, AL, ShPL or APL, including
the full range of measures to support redeployment options.
Fertility Leave
4.62 This type of leave is available for those receiving Intrauterine Insemination (IUI) or In
Vitro Fertilisation (IVF) treatment. UCL recognises the physical and emotional stress of
undergoing fertility testing and treatment for assisted conception and understands the impact
this can have on employees. For the purposes of the support available under this policy, a
distinction has been drawn between the testing and treatment stages. Wherever possible,
appointments for the investigation of, and testing for, fertility problems should be arranged
outside of normal working hours. Where flexible working arrangements are not practical,
time taken during working hours will be treated in the same way as for other doctor/hospital
appointments and will be paid.
4.63 To support a female employee undergoing treatment for assisted conception, up to 5
days of paid leave in any 12 month period may be taken (pro-rata for part-time employees),
for the purpose of receiving and recovering from IUI or IVF treatment. If time off is required
due to the side effects of treatment, this will be treated as sickness absence. Sickness
absence taken following implantation of a fertilised ovum that is related to the procedure
itself, will not be counted towards the triggers in the Sickness Absence Policy.
4.64 Should an employee exhaust the time allowed under this policy, discussion with the
individual will help to establish whether annual leave, sickness absence or any other type of
leave or flexible working arrangements would be the most applicable.
4.65 Male or female employees, who would like to take time off work to support a partner
undergoing fertility treatment will need to take annual leave, however when a medical
appointment is required as part of the treatment process, this will be treated in the same way
as for other doctor/hospital appointments.
Fostering
9
4.66 Where an employee fosters on a regular basis or is a 'professional' foster carer, she/he
is not entitled to any kind of parental leave in a fostering capacity, other than in exceptional
circumstances. In the case of a request under these circumstances, the manager should
contact HR Consultancy Services for advice.
Ordinary Parental Leave
4.67 Ordinary Parental Leave (OPL) is the term used by UCL to apply to all parental leave
granted under ‘The Maternity and Parental Leave Regulations 1999’ (as amended by ‘The
Parental Leave (EU Directive) Regulations 2013’). OPL can be used by employees wanting
to spend more time with their children, in order to balance work and family commitments. A
parent (father, mother or other person with formal parental responsibility for a child under the
age of 18) who has one year's continuous service with UCL, is entitled to apply for OPL.
OPL is unpaid. The current entitlement is for up to a total of 18 weeks OPL per child
(including multiple births). Where both parents work for UCL, each can apply for up to 18
weeks of OPL under this Policy. Part time employees have a pro rata entitlement to OPL.
4.68 OPL can be requested in blocks of time agreed with the employee's line manager,
taking into account the nature of the work, for up to a maximum of four weeks per block of
leave, for each individual child in any one year. OPL can also be taken by the employee
reducing her/his working hours on a temporary basis.
4.69 Line managers may on occasion require an employee to postpone OPL for a period of
up to six months, if the needs of the service require them to do so. Exceptions to this
requirement may be where the leave is triggered by the birth or adoption of a child, or when
it is requested immediately following a period of ML, AL, ShPL or PL. Factors which may
require the line manager to request the postponement of OPL could include the need to:



avoid clashing with a peak workload or holiday period;
take into account the absence of colleagues;
find a way in which the work of the employee can be covered.
4.70 An employee taking OPL cannot undertake paid employment with any other employer
whilst on OPL, during their normal contracted hours. The employment contract with UCL
continues throughout the period of OPL. An employee accumulates entitlement to statutory
annual leave during periods of OPL but can only take annual leave at the end of a period of
OPL or after she/he returns to work. Superannuation contributions will be suspended during
periods of OPL. Any unpaid ‘Parental Leave’ taken in respect of a child whilst working for an
employer prior to employment with UCL, counts towards an individual’s overall entitlement to
OPL in respect of that child. Where there is disagreement between the employee and the
line manager as to the type of parental leave for which she/he should apply, the manager
should contact HR Consultancy Services for advice.
Sabbatical Leave
4.71 In addition to the provisions of this policy and to mark its commitment to gender equality
in academic careers, UCL provides the opportunity for one term of Sabbatical Leave, without
teaching commitments, to be taken by research active academic employees returning from
ML, AL, ShPL or APL (where any of these individually or combined totals more than 3
months duration). This leave will enable staff more quickly to re-establish research activity.
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Monitoring and Review
4.72 The HR Policy and Planning Team will keep the monitoring of parental leave and the
operation of this policy under review.
Appendices
Appendix A: definitions
Appendix B: process
Appendix C: Flowchart
Appendix D: Forms
HR Policy & Planning
January 2015
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Definitions Table of Abbreviations used in Parental Leave
Policy and Procedure
No.
1
2
3
Description
*Additional
Paternity/Partner’s
Leave (APL)
Granted to the partner of
someone who has given
birth to/adopted a child
(*abolished for
parents of children
born or adopted on
or after April 5th
2015 and replaced
by ShPL)
*Additional Statutory
Paternity/Partner’s
Pay (ASPP)
Leave is transferred to the
partner of someone on ML
or AL, who has not claimed
her/his full entitlement
(*abolished for
parents of children
born or adopted on
or after April 5th
2015 and replaced
by ShPL)
Adoption Leave (AL)
4
Average Weekly
Earnings (AWE)
5
Employment
Contract
Administration
(ECA)
Expected Week of
Childbirth (EWC)
6
Definition
7
Fertility Leave (FL)
9
In Vitro Fertilisation
(IVF)
Granted to staff opting to
take APL
Duration (if
applicable)
Up to 26
weeks
Appendix A
Length of
Service
Required (if
applicable)
n/a
Up to 37
weeks
26 weeks by
the 15th
week prior to
the EWC
Granted to those with
primary caring
responsibilities for a newly
adopted child/children
Calculated by totalling the
gross earnings in the
relevant period and dividing
by the number of weeks in
that period
The HR team that
administers matters
relating to parental leave.
Up to 52
weeks
n/a
n/a
n/a
n/a
n/a
The week beginning on the
Sunday in which it is
expected the baby will be
born
Granted to females
undergoing treatment for
assisted conception, for the
purpose of receiving and
recovering from
Intrauterine Insemination or
In Vitro Fertilisation
Female fertility treatment
designed to promote
successful pregnancy
n/a
n/a
Equivalent to the lower of
90% of AWE or the
published weekly ASPP
level
12
up to 5 days in n/a
any 12 month
period (pro rata
for part time
employees)
n/a
n/a
10
Intrauterine
Insemination (IUI)
Female fertility treatment
designed to promote
successful pregnancy
n/a
n/a
11
Keeping in Touch
(KIT)
10 days
maximum
n/a
13
Maternity Leave
(ML)
Days during which an
employee on ML, AL or
APL can, with prior
management approval,
attend work, undertake
training or keep in touch
with work developments
through other means,
without bringing the leave
period to an end
Granted to expectant
mothers for the purpose of
giving birth and caring for a
newly born child/children
n/a
14
Occupational
Adoption Pay (OAP)
A full pay enhancement to
SAP and paid to staff on
AL
15
Occupational
Maternity Pay
(OMP)
An enhancement of SMP
up to full pay and paid to
staff ML
16
Occupational
Shared Parental
Pay (OSPP)
A full pay enhancement to
SSPP, paid to staff opting
to take ShPL
A compulsory
minimum of 2
and a
maximum of 52
weeks
18 weeks (or 9
weeks full pay
and 18 weeks
half pay)
18 weeks (or 9
weeks full pay
and 18 weeks
half pay)
16 weeks
maximum if
converting
from ML and
18 weeks
maximum if
converting
from AL
Up to 18
weeks
1 year
Conditional upon advanced
notice being given and
agreement to the patterns
of leave requested
17
18
19
Ordinary Parental
Leave (OPL)
Paternity/Partner’s
Leave (PL)
Period of Leave
Notice (PLN)
Granted to staff with
parental responsibility for a
child under the age of 18
Granted to the partner of
someone giving birth to or
adopting a child
Must be taken during the 6
month period spanning 3
months prior to the
EWC/date of adoption and
the subsequent 3 months
The notice issued to an
employer by someone
specifying the dates on
13
n/a
n/a
n/a
May be taken
in one block or
discontinuously
Up to 4 weeks n/a
(pro rata for
part time
employees)
May be taken
in one block or
discontinuously
n/a
n/a
which they wish to take
ShPL
20
Sabbatical Leave
(SaL)
21
Shared Parental
Leave (ShPL)
22
Shared Parental
Leave in Touch
(SPLIT)
23
Statutory Adoption
Pay (SAP)
24
Statutory Maternity
Pay (SMP)
A period of leave without
teaching commitments and
available to research active
academic staff returning
from ML, AL, ShPL or APL
The conversion of a
mother’s/primary adopter’s
entitlement to ML/AL, to be
shared by both parents, for
the purposes of caring for
newly born/adopted
children
Days during which an
employee on ShPL can,
with prior management
approval, attend work,
undertake training or keep
in touch with work
developments through
other means, without
bringing the leave period to
an end
SPLIT days may be taken
in addition to KIT days
Paid for the first 6 weeks
and is equivalent to 90% of
AWE. For the next 33
weeks is equivalent to the
lower of 90% of AWE or
the published weekly SAP
level
Paid for the first 6 weeks
and is equivalent to 90%
AWE. For the next 33
weeks is equivalent to the
lower of 90% of AWE or
the published weekly SMP
level, determined by central
government
Calculated prior to the
deduction of tax and
national insurance
contributions
14
1 term
3 years
Up to 50
weeks (for
biological
mother and
partner)
n/a
Up to 52
weeks (in
cases of
adoption)
20 days
maximum
Up to 39
weeks
Up to 39
weeks
n/a
26 weeks
service by
the week the
employee is
matched
with the
adopted
child/children
26 weeks
service by
the 15th
week before
EWC
25
Statutory Shared
Parental Pay
(SSPP)
Granted to staff opting to
take ShPL
up to 37 weeks
Equivalent to the lower of
90% of AWE or the
published weekly SSPP
level
26
Surrogacy Leave
(SuL)
Unpaid time off for the
intended parents in a
surrogacy arrangement to
attend antenatal
appointments
15
Up to 2
appointments
26 weeks
service by
the EWC or
week the
employee is
matched
with the
adopted
child/children
n/a
Parental Leave and Pay Procedure
Appendix B
Eligibility for Different Types of Leave
1.1.
Maternity Leave
Any employee who is pregnant is eligible to take Maternity Leave (ML).
1.2.
Adoption Leave
Any employee who is the intended primary adopter of a child is eligible to take Adoption
Leave (AL).
1.3.
Shared Parental Leave
Any employee who is on ML, AL, the partner of someone who is pregnant or of someone
who is the intended primary adopter of a child, is entitled to request Shared Parental Leave
(ShPL), if the child is due to be born or placed for adoption on or after 5th April 2015.
1.4.
Paternity/Partner’s Leave
Any employee who is the partner of someone who is pregnant or of someone who is the
intended primary adopter of a child, is eligible to request Paternity/Partner’s Leave (PL).
1.5.
Additional Paternity/Partner’s Leave
Any employee who is the partner of someone who is pregnant or of someone who is the
intended primary adopter of a child, is entitled to request Additional Paternity/Partner’s
Leave (APL) in respect of a child due to be born or placed for adoption on or before 4th April
2015 (after which APL is replaced by ShPL).
1.6.
Surrogacy
Any employee who will have parental responsibility for a child born as a result of a surrogacy
arrangement is eligible to take AL.
1.7.
Fertility Leave
Any employee can request Fertility Leave (FL) (for up to a maximum of five days in any 12
month period, pro-rata for part-time employees) for the purpose of receiving and recovering
from Intrauterine Insemination or In Vitro Fertilisation.
1.8.
Ordinary Parental Leave
Any employee with one year’s continuous service can request Ordinary Parental Leave
(OPL) in respect of a child aged under 18 for whom she/he has parental responsibility.
1.9.
Sabbatical Leave
Any employee who is a research-active academic returning from ML, AL, ShPL or APL, can
request Sabbatical Leave (SaL).
1.10. Advice
To obtain guidance on eligibility for and entitlement to different types of parental leave,
employees should contact the designated Departmental HR Division Employment Contract
Administration (ECA) Team member.
16
Notifications
Maternity Leave
2.1 An employee requesting ML is required to notify her line manager of her pregnancy and
her expected ML start date by the end of the 15th week before the Expected Week of
Childbirth (EWC) or as soon as practicable thereafter. An employee should insert her details
into the ML Calculator to plan the anticipated ML dates. To apply for ML, employees should
download, complete and submit the application using the ML Form (at Appendix D). Once
completed, the application for ML must be countersigned by her line manager and submitted
with a copy of the employee’s MAT B1 form to the HR ECA Team.
2.2 Within four weeks of this notification having been received, the HR ECA Team will write
to the employee to confirm the maximum amount of ML and Maternity Pay to which she is
entitled, including the date by which she is expected to return to work.
Adoption Leave
2.3 An employee requesting AL is required to notify her/his line manager as soon as
possible and at least 15 weeks prior to the date the child matched for adoption is due to be
placed with the family. The employee should insert her/his details, including the planned
date of adoption, into the ML Calculator. The employee should complete and submit the
application using the AL Form (at Appendix D). Where an employee plans to adopt a child
following a surrogacy agreement, documentary evidence of the agreement, including the
EWC of the woman giving birth to the child, will need to be provided. Besides the agreement,
such documentary evidence could include the MAT B1 or other documentation evidencing
the EWC. Once completed, the application for AL must be submitted with a copy of the
Adoption Matching Certificate or the surrogacy agreement to her/his line manager, who will
countersign and forward this documentation to the HR ECA Team.
2.4 Within four weeks of receiving this notification, the HR ECA Team will write to the
employee to confirm the maximum amount of AL and Adoption Pay to which she/he is
entitled and the date by which she/he is expected to return to work.
Shared Parental Leave
Summary
2.5 Different notices need to be given by both parents at different times. The process starts
with the mother or primary adoptive parent giving notice to end ML or AL early. The parent or
parents employed by UCL wishing to take ShPL must give notice of this intention to the line
manager/s and (where appropriate) the other employer. Separately, they must also each
give notice of the period/s of leave requested to each respective employer.
Notice to End Maternity or Adoption Leave Early
2.6 An employee who is the mother or primary adoptive parent must give eight weeks’ notice
to end her/his entitlement to ML or AL early (see form at Appendix D). This should be given
17
to the employer and a copy to the partner’s employer, enabling both parents to take
advantage of ShPL. This notice can be given before or after a child’s birth or adoption. If it is
given after the birth or adoption date, the notice is binding. If notice to end ML or AL is given
before the birth or adoption of a child, the mother or primary adoptive parent is able to
withdraw this notice in writing up to six weeks after the birth or planned adoption date. This
may be because an unplanned situation arises following the birth or adoption of a child.
Notice of Entitlement and Intention to Take ShPL
2.7 If one or both parents wish to take ShPL, they must each submit a written ‘Notice of
Entitlement’ (see form at Appendix D) to each employer. An employee should submit this
notice to her/his line manager for approval, who will forward it to the HR ECA Team. This
notice must be received at least eight weeks before the start of the first planned period of
ShPL. A copy of the child’s birth certificate, adoption matching certificate or (if it is before the
child is born) the MAT B1, should be submitted with the Notice of Entitlement. The notice
should include:









The name of the employee and her/his partner, together with their National Insurance
numbers;
The start and end date of any period of Statutory ML or AL taken/to be taken by the
employee or her/his partner, who is the mother or primary adoptive parent;
The amount of any Statutory and Enhanced Occupational Maternity/Adoption pay or
Maternity/Adoption allowance received or to be received by the mother or primary
adoptive parent;
The EWC and/or actual date of birth or adoption of a child;
The total amount of ShPL available;
Confirmation that both parents are sharing child care responsibilities;
An indication of how much ShPL each parent intends to take and the proposed start and
end dates of such leave;
The name and address of the partner’s employer (or declaration they are self-employed;
and
A physically or electronically signed declaration from each parent to confirm that:
o The mother or primary adoptive parent satisfies the eligibility criteria, including
the employment and earnings tests;
o Her/his partner satisfies the eligibility criteria, including the employment and
earnings;
o The employee’s partner consents to the employee taking the number of weeks of
ShPL specified in the employee’s Notice of Entitlement;
o The information given is accurate; and
o If either parent ceases to meet the conditions of entitlement to ShPL, she/he will
notify the line manager immediately (see template declaration at Appendix D).
2.8 Within 14 days of receiving a fully completed Notice of Entitlement with accompanying
documentary evidence, the HR ECA Team will write to confirm the details.
Period of Leave Notice
2.9 The employee must also provide her/his line manager with a Period of Leave Notice
(PLN), giving the start and end dates of the period/s of leave requested (see PLN form at
Appendix D). The PLN triggers a discussion with the line manager to talk over and agree the
period/s of leave being requested. The PLN must contain all planned periods of ShPL. If
these are varied subsequently, the employee will forfeit the right to enhanced Occupational
18
Shared Parental Pay (OSPP) and may only be entitled to Statutory Shared Parental Pay
(SSPP) unless exceptional circumstances arise.
2.10 The PLN:





Must be submitted not less than eight weeks prior to the requested start date of the first
period of ShPL;
Can be submitted at the same time as the Notice of Entitlement referred to in para 2.7 or
can be submitted later;
Can request one or more periods of leave;
Can express the start date as being a number of days from the date on which it is
expected that the child will be born or adopted, where the PLN has been given prior to
the child’s birth or adoption;
A maximum of three discontinuous periods of leave can be identified by an employee on
her/his PLN. Up to three periods of leave in total will be accepted and agreed by the line
manager. A PLN is binding and cannot be withdrawn except when:
o Within eight weeks of an employee submitting notice to end ML/AL it
transpires that neither parent qualifies for ShPL;
o Notice was given before the birth or adoption of a child and is withdrawn up to
six weeks following the birth or placement date;
o The employee or her/his partner dies.
2.11 Once the dates of ShPL have been agreed, the line manager forwards the PLN to the
HR ECA Team.
Agreeing ShPL
2.12 The rules on agreeing applications for ShPL vary depending upon the pattern of leave
which has been requested.
Continuous periods of ShPL:
2.13 If an eligible employee simply requests one period of continuous ShPL, she/he is
entitled to take that period of leave and will receive a letter confirming the details of a single
block of continuous ShPL. Up to three requests for continuous leave can be made.
Discontinuous periods of ShPL:
2.14 Agreement is likely but not automatic if an employee requests discontinuous periods of
ShPL – meaning periods of leave separated by periods at work. UCL wishes to encourage
the early notification and acceptance of up to three blocks of leave. Line managers will
usually agree to these dates. If more than three blocks of discontinuous leave are requested
(or a subsequent PLN or variation notice is submitted) this may be rejected or alternative
dates proposed. Under such circumstances, entitlement to occupational pay can be affected
(see Variations to a Period of ShPL para 2.18).
2.15 Within two weeks of the date of the PLN, the line manager may:



Agree to the periods of leave requested;
Propose alternative dates or, very exceptionally;
Refuse the leave without proposing alternative dates.
2.16 Where the PLN is accepted and the dates of ShPL requested are unchanged, she/he
will be entitled to take the leave on the specified dates. Exceptionally, if the parties cannot
19
agree the periods of leave, the employee can withdraw the request and take the total
amount of leave as one continuous period.
2.17 The default position is that leave should be taken in a single block commencing on a
date specified by the employee but giving at least eight weeks’ notice.
Variations to a Period of ShPL
2.18 Once the period/s of leave have been agreed, if the employee wishes to amend the
dates requested, she/he must send the line manager written notice requesting to vary them
(see proforma for a ‘Variation Notice’ at Appendix D). A similar Variation Notice will be
required by the employer of a UCL employee’s partner, if the variation being proposed
impacts upon either the entitlement to or dates of ShPL that person wishes to take. A
Variation Notice submitted by an employee, which must be signed by both parents, may:





Identify the dates originally requested and the new proposed dates
Vary the total amount of leave being requested
Ask for a single period of leave to become discontinuous
Ask for discontinuous periods to be converted into a single block of leave
Explain how this request will affect the employee’s remaining entitlement to ShPL.
2.19 A Variation Notice may request that the date on which the first (or, where applicable,
second) period of ShPL commences, moves forwards, backwards or remains the same. In
any of these circumstances in order to be considered, the notice must be submitted to the
employee’s line manager at least eight weeks before the date from which the first requested
period of agreed or proposed ShPL would begin. Once approved, the line manager must
forward the Variation Notice to the HR ECA Team.
2.20 The employee may only submit three PLNs and/or Variation Notices in total. Any
variation to ShPL which has already been booked will, in most circumstances, count as one
of the maximum of three PLNs an employee can submit. NB: The submission and
acceptance of a Variation Notice, is likely to (where applicable) trigger an end to any
remaining entitlement to enhanced OSPP, resulting in the employee receiving only SSPP for
any remaining qualifying periods of ShPL.
2.21 A line manager may refuse a request to vary agreed dates of ShPL if an employee has
used up all three PLNs. If a notice to vary the agreed dates of ShPL is submitted at least
eight weeks in advance of the first desired change and the employee has submitted less
than three PLNs in total, the line manager must accept and approve the request to vary
ShPL (provided that an employee has sufficient remaining entitlement to ShPL to cover the
changed period/s being requested).
Change in Employees’ Circumstances
2.22 It is possible that a parent’s circumstances may change after periods of ShPL have
been arranged. This could be difficult if the change occurs at short notice if, for example,
arrangements to cover the employee’s absence are already in place. The line manager may
therefore hold the employee to the agreed arrangements in certain circumstances.
2.23 If less than eight weeks before the planned start date of ShPL, an employee informs
her/his line manager that she/he no longer meets the conditions of entitlement and it is not
reasonably practicable for this change in circumstances to be accommodated, the line
manager may still require that the employee takes a period of ShPL. The leave must be
treated as ShPL and will start on the same date that the next period of ShPL was due to
20
start. It will either end on the date originally requested or eight weeks from the date on which
the line manager is informed of the change in circumstances, whichever is earlier. If such a
change in an employee’s circumstances results in the employee ending ShPL early and
returning to work on a date other than that which had been originally agreed, the employee
should notify the line manager (using the template letter at Appendix D) at least eight weeks
ahead of any changed return date, who will forward a copy to the HR ECA Team.
Paternity/Partner's Leave
2.24 An employee is required to notify the line manager by the end of the 15th week before
the EWC or date of adoption (or, if that is not possible, as soon as is reasonably practicable)
of the expected start date of PL. The individual should use this form (at Appendix D) to
confirm the requested dates of PL. The line manager should sign off the form and forward it
to the appropriate Departmental contact in the HR ECA Team who will process and record
the leave. When requesting this leave, the employee should provide the line manager with
appropriate documentary evidence (a copy of the birth certificate, MAT B1 form or adoption
matching certificate) confirming the expected date of childbirth or adoption.
Additional Paternity/Partner’s Leave (APL)
2.25 For a child due to be born or placed for adoption on or before 4 April 2015 (after which
it is replaced by ShPL) employees wishing to apply for APL must complete and submit two
written declarations. One declaration contains the relevant details of the employee
requesting APL (using the form at Appendix D). The other declaration contains the details of
the child’s mother or primary adopter (using the form at Appendix D) who must have been
taking either ML or AL in order for the employee to be eligible to take APL. Both forms must
be submitted to the employee’s line manager. These forms, when they are submitted, must
be accompanied by a copy of documentation which evidences the employee’s eligibility for
APL. This should be the adoption matching certificate, MAT B1 certificate or the child’s birth
certificate. The line manager must forward this documentation to the HR ECA Team.
Fertility Leave
2.26 Individuals should try to arrange medical appointments for fertility treatment so as to
cause minimal disruption to the working day. Line managers might want to discuss the use
of flexible working arrangements to facilitate this.
2.27 The dates and times of appointments for Intrauterine Insemination or In Vitro
Fertilisation, should be recorded by the line manager. Up to 5 days are granted as paid
Fertility Leave days (pro-rata for part-time employees). Any whole days absence in excess of
this entitlement will be classified as sick leave, but not count towards trigger points. When
requesting the time off, the employee should provide her line manager with appropriate
documentation confirming the appointment, if asked to do so.
Ordinary Parental Leave
2.28 An employee wishing to apply for OPL should notify her/his line manager of this request
by submitting a completed request form (at Appendix D):


Reflecting the employee’s responsibility or expected responsibility for the relevant child
Giving the dates between which she/he intends to take OPL (including, where applicable,
any temporary change proposed to working hours)
21

Providing a copy of the child's birth certificate, the EWC date if the child is not yet born or
the adoption matching certificate.
2.29 An employee should provide as much notice as possible of such a request, allowing a
minimum of 21 days before she/he wishes the leave to begin. The dates of OPL will be
approved by the employee's line manager, subject to service needs.
2.30 Within seven days of receiving the employee's request, the line manager should notify
the employee (using the postponement notification model letter at Appendix D) that her/his
application will have to be amended. The line manager should include:


The reason for the postponement
Alternative dates proposed for the OPL.
2.31 If the proposed alternative dates are acceptable to the employee but start after or
stretch beyond the 18th birthday of the child, the employee can still take OPL if she/he
wishes. Line managers are required to keep a record of OPL taken by their staff and submit
it to the HR Payroll Services Team to be treated as a period of unpaid leave. In case of any
disagreement between the employee and the line manager as to which type of leave most
closely relates to the reason for the employee’s request for time off work, the line manager
should ask the HR Consultancy Services Team for advice.
Sabbatical Leave
2.32 Any research-active member of academic staff wishing to request a period of SaL at the
end of a period of ML, AL, ShPL or APL (of more than three months in total) should meet
with her/his line manager and complete the Sabbatical Term Expression of Interest form
within four weeks of returning from leave, in line with the Sabbatical Leave Policy. SaL
requests are processed within the department and there is no requirement to forward this
information on to the HR ECA Team. SaL however should be recorded via MyView.
Starting Maternity Leave
Pregnancy-Related Sickness Absence
3.1 An employee who is absent from work due to sickness, for a pregnancy-related reason
after the beginning of the fourth week before the EWC may automatically trigger her ML,
unless otherwise agreed by the line manager. In such circumstances, the ML will commence
on the day after the first day of pregnancy-related absence.
Starting ML Early
3.2 ML and Maternity Pay can commence on any day from the start of the 11th week before
the EWC. An employee can change the date on which ML is due to start by giving her line
manager at least four weeks' (28 days) notice or, where this is not possible, by providing as
much notice as is practicable. A new Application for ML Form (at Appendix D) will need to be
completed and sent to the employee’s line manager, who will forward it on to the HR ECA
Team.
3.3 If childbirth occurs before the employee intended her entitlement to start, the ML will start
automatically from the day after the date of childbirth.
22
Changes to Working Hours and the Planned End Date of Parental Leave
4.1 If an employee wishes to change the date on which she/he return to work, ending ML,
AL, ShPL or APL, she/he should notify the line manager (using the template letter at
Appendix D) at least eight weeks ahead of any changed return date, who will forward a copy
to the HR ECA Team. This notification must be sent whether the change to the end of leave
date will be earlier or later than originally planned. Requests to change working hours should
be made through the procedure in the Work Life Balance Policy. Where an individual has
returned to work on a part time basis and subsequently requests to revert to full-time
working, any variations in hours must be agreed between an employee and her/his line
manager formally with individuals, in terms of a change of contract issued by the HR ECA
Team.
Annual Leave Accrual Whilst on Parental Leave
5.1 Employees taking parental leave of any type within the scope of this Policy continue to
accrue full contractual entitlement to paid annual leave. Any annual leave accrued during the
current leave year may be used in lieu of any equivalent amount of unpaid parental leave or
taken in addition to planned parental leave.
5.2 Annual leave can only be taken at the end of any period of elected unpaid ML, AL or
OPL. Once an employee commences annual leave, she/he will be deemed to have returned
to work and the ML, AL or OPL will be brought to an end. Thus, any annual leave should be
taken immediately after a period of unpaid ML, AL or OPL.
5.3 Annual leave can be taken more flexibly with PL or ShPL. For example, an employee
could take annual leave between blocks of ShPL without it bringing their entitlement to ShPL
to an end. Likewise, an employee can take annual leave between periods of PL.
5.4 An employee should exhaust entitlement to accrued accumulated annual leave by the
end of the leave year during which she/he returns to work. Any carryover of leave in excess
of five days must be with the agreement of the line manager.
5.5 For pay purposes, the employee should be marked as returning to work at the end of any
period of paid or unpaid parental leave and the manager should then authorise any annual
leave in the usual way.
5.6 If the employee is returning on reduced hours you may wish to notify the changed hours
to take effect after any period of annual leave.
Authorised Deductions from Pay Whilst on Parental Leave
6.1 Where an employee has authorised salary deductions (e.g. Pension, Trade Union
membership subscriptions, Additional Voluntary Contributions or Give as You Earn) these
payments will continue to be deducted during parental leave of any type (including ML, AL,
ShPL, PL, APL, SuL, FL or OPL). Unless instructed otherwise, UCL will continue to pay all of
23
an employee's authorised deductions from salary (including Pension contributions) during
periods of unpaid parental leave and these contributions will be recovered from future salary
payments.
6.2 If an employee wishes to cancel any authorised salary deductions or contributions whilst
on parental leave, she/he should contact the HR Payroll Services Team to notify them. For
details of how parental leave affects pension contributions, employees should contact the
HR Pension Services Team.
Reorganising Duties
7.1 Any proposed changes to an employee’s duties to accommodate the need for work
reorganisation during periods of parental leave, should be discussed and agreed with the
affected employee/s in advance. Workloads should be assessed to ensure that any changed
performance objectives can be achieved within the working hours of those concerned and
within budgetary constraints.
24
Shared Parental Leave Flowchart
Appendix C
The process of applying for Shared Parental Leave can commence before or after a child is
born or adopted. If it commences before, the process can be revoked within 6 weeks of the
birth/adoption. If not, the request for Shared Parental Leave is binding. All notices issued by
an employee in connection with Shared Parental Leave, need to be received by the line
manager at least 8 weeks in advance.
Employee notifies line manager of entitlement to Shared Parental Leave
Mother/primary adopter notifies employer of an intention to end Maternity/Adoption Leave and take
Shared Parental Leave. Forms to complete: end of maternity/adoption; notice of entitlement and
Intention to take ShPL and Period of Leave Notice
UCL employee submits request to line manager for between 1 and 3 blocks of Shared Parental Leave
Is the request a first notice for between 1 – 3 blocks of leave?
No
Yes
2 week consideration period commences, during which the
dates of leave are discussed and agreed with the line manager
It is authorised by the line manager
Does the employee wish to vary
their leave?
No
Leave Variation Notice
ONLY
Employee completes Variation request form if less
than 3 periods of leave booked. NB This ends her/his
entitlement to Occupational Pay by requesting to
change the start and/or end date of a first or second
agreed period of leave
It is authorised/rejected by the line manager
Does the employee wish to vary
her/his planned return date?
No
Yes
Agree with line manager amended date for return
Does the employee wish to vary
her/his hours on return?
See Work Life Balance Policy
No
Employee returns to work
25