Family Leave Policy

Policy intent

We are committed to supporting employees with, or about to have, parental responsibilities and to
encourage work-life balance.

The purpose of this policy is to:

  • set out the provisions relating to maternity, paternity, parental, shared parental, adoption and 
    surrogacy leave and pay (collectively known as “family leave”)
  • ensure the University complies with relevant statutory requirements
  • ensure that decisions related to family leave and pay are applied fairly and consistently across 
    the University

This policy applies to all University employees, provided they meet the service requirements for eligibility as set out under the relevant sections. It does not apply to workers (those engaged through UniWorkforce) or self-employed contractors. This policy is supplemented by guidance and template documents, which are available on the HR website. 

Legislation

There is a wide range of legislation governing family leave and pay. Most has been consolidated into those listed below. University policy incorporates all statutory requirements.

  • Health and Safety at Work Regulations Pregnant Workers Directive (92/85/EEC)
  • The Surrogacy Arrangements Act 1985
  • Employment Rights Act 1996
  • Employment Relations Act 1999
  • Employment Act 2002
  • The Adoption and Children Act 2002
  • Work and Families Act 2006
  • Human Fertilisation and Embryology Act 2008
  • Equality Act 2010
  • Children and Families Act 2014

Definitions

The following definitions apply under this policy.

The meaning of the term “you” will vary depending on the type of family leave:

  • In relation to Maternity “you” means the mother or the birth parent.
  • In relation to Adoption “you” means the primary adopter.
  • In relation to Paternity “you” means the partner of the mother, the birth parent or primary adopter
  • In relation to Shared Parental leave “you” means either the individual who has the responsibility for the care of the child, including the mother, the birth parent, the primary adopter or the partner of the mother, the birth parent, or the primary adopter.
  • In relation to Unpaid Parental Leave “you” means the person who has legal parental responsibility for the child. This may be the mother, the birth parent, the father, or an adoptive parent.

Family leave: A period of time allowed away from work to take care of a child you have parental 
responsibility for.

Us/we: means the University. Where you have a duty to inform the University in relation to taking family leave, this means informing your line manager in the first instance and informing HR if required.

Parent: One of two people who will share the responsibility for the child's upbringing (and who may be either the mother/birth parent, the father, or the mother's/birth parent’s partner if not the father).
2 Anna Shikhareva | 01 September 2024

Partner: your spouse, civil partner, or someone (of either sex) living with you in an enduring family relationship at the time the child is born or placed with you for adoption. They are not your sibling, child, parent, grandparent, grandchild, aunt, uncle, niece, or nephew.

MAT B1 form: is a maternity certificate issued by a doctor or a registered midwife to the mother or the birth parent to verify the pregnancy and to confirm the expected week of childbirth.

Expected Week of Childbirth (EWC): in maternity this is the week (Sunday to Saturday) in which your due date (as specified on the MAT B1) falls.

The meaning of the term “Qualifying Week” will vary depending on the type of family leave:

  • In relation to Adoption “Qualifying Week” is the week the adoption agency notifies you that you have been matched with a child for adoption. In an overseas adoption it is the week that you 
    receive your Official Notification.
  • In relation to Maternity or Surrogacy “Qualifying Week” is the 15th week before the expected 
    week of childbirth (EWC).

Intended Start Date: the date on which you would like to start your family leave. 

Relevant Period: is usually the 8-week period before the Qualifying Week. The end of the relevant period is the last normal pay day on, or before the Saturday of the Qualifying Week.

Adoption Leave consists of:

  • Ordinary Adoption Leave (OAL) is the first 26 weeks of the adoption leave.
  • Additional Adoption Leave (AAL) is the last 26 weeks of the adoption leave.

Maternity Leave consists of:

  • Ordinary Maternity Leave (OML) is the first 26 weeks of the maternity leave.
  • Additional Maternity Leave (AML) is the last 26 weeks of the maternity leave.

Statutory Maternity Pay (SMP): a weekly benefit paid by the employer during maternity leave to a mother or a birth parent who qualifies for SMP. The UK Government defines the pay details and eligibility criteria for this benefit.

Statutory Adoption Pay (SAP): a weekly benefit paid by the employer during adoption leave to a primary adopter who qualifies for SAP. The UK Government defines the pay details and eligibility criteria for this benefit.

Statutory Shared Parental Pay (ShPP): a weekly benefit paid by the employer during shared parental leave to a parent who qualifies for ShPP. The UK Government defines the pay details and eligibility criteria for this benefit.

Expected Placement Date: the date on which an adoption agency expects that it will place a child into your care with a view to adoption.

Official Notification: written notification from a UK government body that you have been approved for an overseas adoption.

Parental Order: a court order under section 54 of the Human Fertilisation and Embryology Act 2008, giving you and your partner parental responsibility for a child born to a surrogate. 

Principles

1. Equality, Diversity and Inclusion

1.1 We understand every family is different. We aim to ensure that our Family Leave Policy is equally 
inclusive for all parents and establishes a fair approach.

1.2 We have a duty to promote equality and to make sure you are not treated less favourably 
because you have taken, or about to take a period of family leave.

1.3 We use certain terms because they are defined under UK employment law, such as “maternity” 
and “paternity”. We recognise that not everyone identifies with these terms.

2. Data Protection

2.1 When managing your family leave and pay, we process personal data collected in accordance 
with the University’s Data Protection Policy and Employee Privacy Notice. Data collected from the 
point at which you inform us that you are pregnant, expecting or planning to adopt or taking 
family leave, is held securely and accessed by, and disclosed to, individuals only for the 
purposes of managing your family leave and pay entitlements. Inappropriate access or disclosure 
of employee data constitutes a data breach and should be reported in accordance with the Data 
Protection Policy immediately. Please refer to the University’s Employee Privacy Notice and the 
Data Protection Policy for more information.

3. Returning to work following a period of family leave

3.1 Salary 

  • 3.1.1 You will return to work on at least the same pay spine point you were paid on in your 
    substantive role before taking your period of family leave. The period of family leave will count 
    towards continuous service for all increments and enhancements that are based on length of 
    service.
  • 3.1.2 We will not treat you less favourably in respect of any discretionary increments or enhancements due to family leave. If the entitlement to such enhancements is based on your contribution during your working period, we will make our assessment based on the period prior to your family leave.

3.2 Opportunities for development, appraisal, or promotion

  • 3.2.1 We encourage and support your participation and contribution to any professional development opportunities whilst you are on family leave.
  • 3.2.2 We will not treat you any less favourably during your appraisal or application for academic 
    promotion because you have taken a period of family leave.

3.3 Flexible Working

  • 3.3.1 We want to support you to achieve a better balance between work and your other priorities, such as parental responsibilities. You have a right to request flexible working on your return from family leave and we will seek to accommodate your wishes unless there is a justifiable reason for refusal, bearing in mind the needs of our business. It is helpful if requests are made as early as possible. The procedure for dealing with such requests is set out in our Flexible Working Policy. 

University policy

4. Maternity Leave and Pay Policy

4.1 You can take maternity leave if you are expecting to give birth or have given birth.

4.2 If you are acting as the surrogate for another party, you are entitled to the maternity leave 
pay provisions as set out in this policy.

Before the baby is born

4.3 Notification of pregnancy

  • 4.3.1 You should inform us as soon as possible that you are pregnant. This is important as there may be health and safety considerations (please see Section 4.4 of this policy).
  • 4.3.2 Before the end of the 15th week before the Expected Week of Childbirth (EWC), or as soon as reasonably practical afterwards, you must:
    • a. Tell us that you are pregnant.
    • b. Confirm your EWC.
    • c. Confirm your Intended Start Date. Usually, the earliest you can start your maternity leave is 11 weeks before your EWC (unless your baby is born prematurely before that date).
    • d. Provide a certificate from a doctor or midwife (usually a MAT B1 form) confirming your EWC.

4.4 Health and safety

  • 4.4.1 Once you have notified us of your pregnancy, your line manager will carry out a risk assessment to identify any preventive and protective measures that we consider we need to take. We will take such steps as necessary to avoid any risks identified affecting your health and safety or that of your baby in accordance with our Health, Safety and Risk policies. The policy documents, 
    further guidance and the risk assessment form can be downloaded from the Health, Safety and 
    Risk website.

4.5 Time off for antenatal appointments

  • 4.5.1 You are entitled to take reasonable paid time off during working hours to attend antenatal 
    appointments. This includes any relaxation or parenting classes that your doctor, midwife or 
    health visitor has advised you to attend. Reasonable normally means the length of the
    appointment or antenatal class and the travel time.
  • 4.5.2 You should provide as much notice as possible of the appointment to your line manager. Your line manager may request evidence of the appointment (unless it is the first appointment). For example, an appointment card or an email confirming a class booking.

4.6 Sickness

  • 4.6.1 Any period of pregnancy-related sickness absence will be paid in accordance with our Sick Pay Policies.
  • 4.6.2 Any period of pregnancy-related sickness absence will be treated separately from other types of sickness. This means, it will not count towards any trigger points under the Managing Sickness Absence and Ill Health Procedure and will be disregarded in any future employment-related decisions.
  • 4.6.3 If you are absent for a pregnancy-related reason during the four weeks before your EWC, your maternity leave will usually start automatically. This is unless you and your line manager agree together to delay it. Your wellbeing should take priority when making this decision.

4.7 Starting maternity leave

  • 4.7.1 The earliest date you can start maternity leave is 11 weeks before EWC (unless your child is born prematurely before that date).
  • 4.7.2 You can postpone or bring forward your Intended Start Date by informing us in writing. You should provide 28 days’ notice if reasonably practicable.
  • 4.7.3 If your baby is born before your maternity leave has started, you should let us know as soon as you can. Your maternity leave will then begin the day after the birth of your baby.

During maternity leave

4.8 Entitlement to maternity leave

  • 4.8.1 You are entitled to up to 52 weeks' maternity leave which is divided into:
    • a. Ordinary Maternity Leave of 26 weeks (OML).
    • b. Additional Maternity Leave of a further 26 weeks immediately following OML (AML).
  • 4.8.2 You can choose a shorter period to suit your own circumstances.
  • 4.8.3 You must take a period of two weeks’ Compulsory Maternity Leave immediately after giving birth.

4.9 Terms and conditions during maternity leave

  • 4.9.1 All your terms and conditions of employment remain in force during your maternity leave, except for the terms relating to your pay (please see Sections 4.16 – 4.19 of this policy).
  • 4.9.2 Holiday entitlement will continue to accrue at the rate provided under your contract. If your maternity leave will continue into the next holiday year, any holiday entitlement that cannot reasonably be taken before starting your maternity leave will be carried over into the next holiday year. Please discuss your holiday plans with your line manager in good time before starting your maternity leave. All requests for holiday are subject to approval by your line manager.
  • 4.9.3 If you are enrolled in a pension scheme with us, we will make employer pension contributions during any period of paid maternity leave, based on your normal salary, in accordance with the relevant pension scheme rules. Any employee contributions you make will be based on the amount of any maternity pay you are receiving, and we will contribute any shortfall in your own contribution if you are earning less than your normal pay. You can contact our Pensions Team prior to your maternity leave commencing to understand any specific pension implications relating to your individual circumstances and options during your maternity leave.

4.10 Keeping in Touch Days

  • 4.10.1 Your line manager may make reasonable contact with you from time to time during your maternity leave.
  • 4.10.2 You can ask or we can ask you to work (including attending training) on up to ten "keeping-in-touch" days (KIT days) during your maternity leave without ending your maternity leave or pay.
  • 4.10.3 KIT days are not compulsory.
  • 4.10.4 You and your line manager can discuss and mutually agree:
    • a. if you will work any KIT days;
    • b. when you will work any KIT days; and
    • c. what type of work you will do.
  • 4.10.5 It still counts as a full KIT day even if you only work part of it, for example a half day.
  • 4.10.6 You will receive full pay for any time worked as a KIT day in arrears. If a KIT day occurs during a week when you are receiving full Contractual Maternity Pay (CMP), there will be no change to your pay. If a KIT day occurs during a week when you are receiving only SMP or a week that is unpaid, your pay will effectively be “topped up” so that you receive full pay for the day/hours worked.
  • 4.10.7 You must not work in the two weeks Compulsory Maternity Leave immediately after giving birth.
  • 4.10.8 You should record KIT days on ServiceNow.

4.11 Still birth, neonatal loss and miscarriage

  • 4.11.1 We recognise the distress, both physical and emotional, that may result from the loss of your baby and the impact this may have on you regardless of when or how the loss occurs. We wish to support you during this extremely difficult time. We therefore encourage you to discuss with your line manager or HR what support you may need, this could include various forms of leave and/or absence.
  • 4.11.2 With regards to entitlement to maternity leave and pay, you are entitled to maternity leave if:
    • a. your baby is stillborn after 24 weeks of pregnancy; or
    • b. born alive at any stage of pregnancy but does not survive (neonatal loss).
  • 4.11.3 You are also entitled to Statutory and Contractual Maternity Pay if you meet the qualifying conditions under Sections 4.16 – 4.19 of this policy.
  • 4.11.4 If you experience a miscarriage in the first 24 weeks of pregnancy, there is no entitlement to maternity leave or pay, however, there may be other forms of leave and/or absence that are suitable as per 4.11.1.

Returning to Work

4.12 Your rights on return after maternity leave

  • 4.12.1 You have the right to return to the same job after the first 26 weeks of maternity leave (known as ordinary maternity leave).
  • 4.12.2 If you take more than 26 weeks of maternity leave (known as additional maternity leave), you normally also have the right to return to the same job. This may be not possible where there have been significant organisational changes and it is not reasonably practicable for you to return to the same job. In such cases, we will offer you a similar job on terms and conditions that are not less favourable. This means your pay, benefits, holiday entitlement and the job 
    grade will remain the same.

4.13 Changing return date

  • 4.13.1 You must tell us at least 8 weeks before you are due to return to work if you want to:
    • a. stay on maternity leave longer than planned; or
    • b. return to work sooner than planned.

4.14 Deciding not to return

  • 4.14.1 If you decide not to return to work after your maternity leave, you must give written notice to 
    end your employment in accordance with your contract of employment.

4.15 Breastfeeding facilities

  • 4.15.1 We will provide facilities for you to breastfeed or express milk following your return to work. The facilities will be:
    • a. A private room suitable for breastfeeding or expressing milk.
    • b. The room will contain a comfortable chair, an electric socket to enable the use of an electric pump as well as a fridge for storing milk.
    • c. Handwashing facilities will be close by although not necessarily in the same room.
  • 4.15.2 Breaks taken for the purpose of breastfeeding and expressing milk will be in addition to regular lunch breaks and will be paid.
  • 4.15.3 You will be responsible for making appropriate arrangements for your baby to be brought to your workplace if you are breastfeeding during working hours.

Maternity Pay

4.16 Statutory Maternity Pay (SMP)

  • 4.16.1 You are entitled to SMP if:
    • a. You have been continuously employed for at least 26 weeks at the end of the Qualifying Week and are still employed by us during that week.
    • b. Your average weekly earnings during the Relevant Period are not less than the lower earnings limit set by the government.
    • c. You provide us with a doctor's or midwife's certificate (MAT B1 form) stating the EWC.
    • d. You give at least 28 days' notice (or, if that is not possible, as much notice as you can) of your intention to take maternity leave.
  • 4.16.2 SMP is paid as follows:
    • a. Six weeks paid at the rate of 90% of your average weekly earnings, calculated over the Relevant Period, followed by
    • b. 33 weeks paid at the statutory flat rate of SMP, or 90% of your average weekly earnings, 
      whichever is lower, followed by
    • c. up to 13 weeks of unpaid maternity leave.

4.17 Contractual Maternity Pay (CMP)

  • 4.17.1 You are entitled to CMP if:
    • a. You have been continuously employed for at least 26 weeks at the end of the Qualifying Week and are still employed by us during that week.
    • b. You are committed to remain in our employment for at least 26 weeks after the end of your maternity leave or remainder of your fixed term contract (whichever is sooner).
    • c. You provide a written confirmation at the start of maternity leave to remain in our employment for least 26 weeks after the end of maternity leave.
  • 4.17.2 CMP is paid as follows:
    • a. 26 weeks paid at your normal full pay (including any SMP if you qualify), followed by
    • b. 13 weeks paid at the statutory flat rate of SMP, or 90% of your average weekly earnings, 
      whichever is lower, followed by
    • c. up to 13 weeks of unpaid maternity leave.
  • 4.17.3 We will require repayment of the difference between CMP and SMP if you do not remain in our employment for at least 26 weeks after the end of your maternity leave where you resign or are dismissed due to gross misconduct.
  • 4.17.4 We will not require repayment of the difference between CMP and SMP if you do not remain in our employment for at least 26 weeks after the end of your maternity leave where we end your employment due to a redundancy situation.
  • 4.17.5 In cases where you accept voluntary redundancy, we may require the repayment of the difference between CMP and SMP. The relevant Voluntary Redundancy Scheme in operation at the time will determine whether repayment is required.
  • 4.17.6 If you are unsure if you want to return to work and remain in our employment following your maternity leave, you may choose to receive only SMP during your maternity leave. A payment equivalent to your CMP (less any SMP received) will be paid afterwards if you return to work and remain in our employment for at least 26 weeks following your maternity leave.
  • 4.18 Contractual Maternity Pay and Fixed Term Contracts
  • 4.18.1 If you are employed on a fixed term contract that expires or does not enable you to remain in our employment for the required 26 weeks, you will not have to repay CMP.
  • 4.18.2 If your fixed term contract expires during your maternity leave, your CMP and all other
    contractual employment benefits will cease on the contract end date. You may continue to be 
    entitled to SMP after your employment ends.

4.19 Maternity Allowance

4.19.1 Where you do not qualify for CMP or SMP, you may be eligible for Maternity Allowance. You can determine your eligibility by contacting the Department for Work and Pensions.

5 Adoption Leave and Pay Policy

  • 5.1 You can take adoption leave if you are:
    • a. Adopting a child through a UK adoption agency.
    • b. Adopting a child overseas and have received an official notification from the relevant UK authority.
    • c. Fostering a child with a view to possible adoption.
    • d. Having a child through a surrogate.
  • 5.2 Only one parent can take adoption leave (primary adopter). If your partner takes adoption leave with their employer, you will not be entitled to adoption leave but you may be entitled to paternity leave and/or shared parental leave.
  • 5.3 In adoption cases or fostering for adoption cases you are entitled to adoption leave if you meet all the following conditions:
    • a. You are adopting a child through a UK adoption agency, or you are a local authority foster parent who has been approved as a prospective adopter.
    • b. The adoption agency or local authority has given you written notice that it has matched you with a child for adoption, or that it will be placing a child with you under a fostering for adoption arrangement and tells you the Expected Placement Date (EPD).
    • c. You have notified the agency that you agree to the child being placed with you on the EPD.
  • 5.4 In overseas adoption you are entitled to adoption leave if you have received notification that the adoption has been approved by the relevant UK authority (Official Notification).
  • 5.5 In a surrogacy case, you are entitled to adoption leave if:
    • a. A surrogate mother/birth parent gives birth to a child who is biologically your child, the child of your partner, or the child of both of you.
    • b. You expect to be given parental responsibility for the child under a parental order from the court. The child must live with you, and you must apply for the parental order within six months of the child's birth.
    • 5.6 In all types of adoption, you must comply with the notification requirements as outlined under section 5.8 of this policy.
    • 5.7 There is no entitlement to adoption leave or pay where the child is not newly matched with you as an adoptive parent by an adoption agency, for example where you are a stepparent formally adopting your stepchild.

Before the start of your adoption leave

5.8 Notification of adoption leave

  • 5.8.1 In adoption or fostering for adoption cases you will:
    • a. Give us notice in writing of the EPD, and your intended start date for adoption leave. This should be not more than seven days after the agency or local authority notifies you in writing that it has matched you with a child (or where that is not reasonably practicable, as soon as reasonably practicable).
    • b. Once you receive the matching certificate issued by the adoption agency, you must provide us with the copy.
  • 5.8.2 In overseas adoption cases you will:
    • a. Receive a notification that the adoption has been approved by the relevant UK authority (Official Notification).
    • b. Give us a written notice of your intention to take adoption leave as early as possible and within 28 days of receiving Official Notification.
    • c. Provide us with the copy of the Official Notification.
    • d. Confirm the date the child is expected to arrive from overseas.
    • e. Notify us of the actual date the child arrives within 28 days of that date.
    • f. Give us at least 28 days’ notice in writing of the Intended Start Date. This can be the date the child arrives from overseas or a predetermined date no more than 28 days after the child’s arrival.
  • 5.8.3 In surrogacy cases you will:
    • a. Tell us in writing of you intention to take adoption leave and provide the EWC (Expected Week of Childbirth).
    • b. Provide this information by the end of the 15th week before EWC, or as soon as is reasonably practicable.
    • c. Tell us the date when the child is born.

5.9 Time off for adoption appointments

  • 5.9.1 An adoption appointment is an appointment arranged by an adoption agency (or at the agency’s request) for you to have contact with a child who is to be placed with you for adoption, or for any other purpose related to the adoption.
  • 5.9.2 You may take time off to attend an adoption appointment once the agency has notified you that you have been matched with the child.
  • 5.9.3 If the agency is placing more than one child with you as part of the same arrangement, this is treated as one adoption and will not increase the number of appointments you can take time off to attend.
  • 5.9.4 You may take reasonable paid time off to attend adoption appointments on up to five occasions in relation to any adoption. Reasonable normally means the length of the appointment including travel and waiting time.
  • 5.9.5 You should provide as much notice as possible of the appointment to your line manager. You should confirm the date and time of the appointment and that it has been arranged or requested by the adoption agency.

5.10 Starting adoption leave

  • 5.10.1 In adoption or fostering for adoption cases, OAL (Ordinary Adoption Leave) may start on a predetermined date no more than 14 days before the EPD, or on the date of placement itself, but no later.
  • 5.10.2 If you want to change your Intended Start Date, you will tell us in writing. You should give us as much notice as you can, but wherever possible you must tell us at least 28 days before the original Intended Start Date (or the new Intended Start Date if you are bringing the date forward).
  • 5.10.3 In a surrogacy case, OAL will start on the day the baby is born, unless you are at work, in which case it will start on the following day. You cannot change the start date.

During adoption leave

5.11 Entitlement to adoption leave

  • 5.11.1 You are entitled to up to 52 weeks' adoption leave which is divided into:
    • a. Ordinary Adoption Leave of 26 weeks (OAL).
    • b. Additional Adoption Leave (AAL) of a further 26 weeks immediately following OAL.
  • 5.11.2 You can choose a shorter period to suit your own circumstances.

5.12 Terms and conditions during adoption leave

  • 5.12.1 All your terms and conditions of employment remain in force during adoption leave, except for the terms relating to your pay (please see Sections 5.18 – 5.20 of this policy).
  • 5.12.2 Holiday entitlement will continue to accrue at the rate provided under your contract. If your adoption leave will continue into the next holiday year, any holiday entitlement that cannot reasonably be taken before starting your leave will be carried over into the next holiday year. Please discuss your holiday plans with your line manager in good time before starting adoption leave. All requests for holiday are subject to approval by your line manager.
  • 5.12.3 If you are enrolled in a pension scheme with the University, we will make employer pension contributions during any period of paid adoption leave, based on your normal salary, in accordance with the relevant pension scheme rules. Any employee contributions you make will be based on the amount of any adoption pay you are receiving, and we will contribute any shortfall in your own contribution if you are earning less than your normal pay. You can contact our Pensions Team prior to adoption leave commencing to understand any specific pension implications relating to your individual circumstances and options during adoption leave.

5.13 Keeping in Touch Days

  • 5.13.1 Your line manager may make reasonable contact with you from time to time during your adoption leave.
  • 5.13.2 You can ask or we can ask you to work (including attending training) on up to ten "keeping-intouch" days (KIT days) during your adoption leave without ending your adoption leave or pay.
  • 5.13.3 KIT days are not compulsory.
  • 5.13.4 You and your line manager can discuss and mutually agree:
    • a. if you will work any KIT days;
    • b. when you will work any KIT days; and
    • c. what type of work you will do.
  • 5.13.5 It still counts as a full KIT day even if you only work part of it, for example a half day.
  • 5.13.6 You will receive full pay for any time worked as a KIT day. If a KIT day occurs during a week when you are receiving full Contractual Adoption Pay (CAP), there will be no change to your pay. If a KIT day occurs during a week when you are receiving only Statutory Adoption Pay (SAP) or a week that is unpaid, your pay will effectively be “topped up” so that you receive full pay for the day/hours worked.
  • 5.13.7 You should record KIT days on ServiceNow.

5.14 Disrupted adoption

  • 5.14.1 In an adoption or fostering for adoption case, adoption leave is disrupted if it has started but:
    • a. you are notified that the placement will not take place;
    • b. the child is returned to the adoption agency after placement; or
    • c. the child dies after placement.
  • 5.14.2 In a surrogacy case, adoption leave is disrupted where you do not apply for a parental order within the relevant time, or the court does not grant a parental order and the time limit for appeal or further application has expired, or where the child dies.
  • 5.14.3 In the event of disruption, your entitlement to adoption leave and pay (if applicable) will continue for a further eight weeks from the end of the week in which disruption occurred, unless your entitlement to leave or pay would have ended earlier in the normal course of events.

Returning to work

5.15 Your rights on return after adoption leave

  • 5.15.1 You have the right to return to the same job after the first 26 weeks of adoption leave (known as ordinary adoption leave).
  • 5.15.2 If you take more than 26 weeks of adoption leave (known as additional adoption leave), you normally also have the right to return to the same job. This may be not possible where there 
    have been significant organisational changes and it is not reasonably practicable for you to 
    return to the same job. In such cases, we will offer you a similar job on terms and conditions 
    that are not less favourable. This means your pay, benefits, holiday entitlement and the job 
    grade will remain the same.

5.16 Changing return date

  • 5.16.1 You must tell us at least eight weeks’ before you are due to return to work if you want to:
    • a. stay on adoption leave longer than planned; or
    • b. return to work sooner than planned.

5.17 Deciding not to return

  • 5.17.1 If you decide not to return to work after your adoption leave, you must give written notice to end your employment in accordance with your contract of employment.

Adoption pay

5.18 Statutory Adoption Pay (SAP)

  • 5.18.1 You are entitled to SAP if:
    • a. You have been continuously employed for at least 26 weeks at the end of the Qualifying Week and are still employed by us during that week.
    • b. Your average weekly earnings during the eight weeks ending with the Qualifying Week are not less than the lower earnings limit set by the government.
    • c. You give us relevant notifications of your intention to take adoption leave see Section 5.8.
  • 5.18.2 SAP is paid as follows:
    • a. Six weeks paid at the rate of 90% of your average weekly earnings, calculated over the Relevant Period, followed by
    • b. 33 weeks paid at the statutory flat rate of SAP, or 90% of your average weekly earnings, 
      whichever is lower, followed by
    • c. up to 13 weeks of unpaid adoption leave.

5.19 Contractual Adoption Pay (CAP)

  • 5.19.1 You are entitled to CAP if:
    • a. You have been continuously employed for at least 26 weeks at the end of the Qualifying Week and are still employed by us during that week.
    • b. You are committed to remain in our employment for at least 26 weeks after the end of your Adoption Leave or remainder of your fixed term contract (whichever is sooner).
    • c. You provide a written confirmation at the start of adoption leave to remain in our employment for least 26 weeks after the end of adoption leave.
  • 5.19.2 CAP is paid as follows:
    • a. 26 weeks paid at your normal full pay (including any SAP if you qualify), followed by
    • b. 13 weeks paid at the statutory flat rate of SAP, or 90% of your average weekly earnings, 
      whichever is lower, followed by
    • c. up to 13 weeks of unpaid adoption leave.
  • 5.19.3 We will require repayment of the difference between CAP and SAP if you do not remain in our employment for at least 26 weeks after the end of your adoption leave where you resign or are dismissed due to gross misconduct.
  • 5.19.4 We will not require repayment of the difference between CAP and SAP if you do not remain in our employment for at least 26 weeks after the end of adoption leave where we end your employment due to a redundancy situation.
  • 5.19.5 In cases where you accept voluntary redundancy, we may require the repayment of the difference between CAP and SAP. The relevant Voluntary Redundancy Scheme in operation at the time will determine whether repayment is required.
  • 5.19.6 If you are unsure if you want to return to work and remain in our employment, following your adoption leave, you may choose to receive only SAP during your Adoption Leave. A payment equivalent to your CAP (less any SAP received) will be paid afterwards if you return to work and remain in our employment for at least 26 weeks following your adoption leave.

5.20 Contractual Adoption Pay and Fixed Term Contracts

  • 5.20.1 If you are employed on a fixed term contract that expires or does not enable you to remain in employment with us for the required 26 weeks, you will not have to repay CAP.
  • 5.20.2 If your fixed term contract expires during your adoption leave, your CAP and all other contractual employment benefits will cease on the contract end date. You may continue to be entitled to SAP after your employment ends.

6 Paternity Leave and Pay Policy

  • 6.1 You can take paternity leave under the following circumstances:
    • a. If you are the biological father and expect to have some responsibility for the child's upbringing; or
    • b. If you are the mother’s/birth parent’s partner and you expect to have responsibility with the mother/birth parent for the child's upbringing;
    • c. on the birth of a baby to a surrogate where you are, or your partner is, one of the baby’s biological parents, and you expect to obtain a parental order giving you and your partner responsibility for the baby;
    • d. where an adoption agency places a child with you and/or your partner for adoption and you expect to have responsibility (with your partner) for the child's upbringing.
    • e. where a local authority places a child with you and/or your partner under a fostering for adoption arrangement and you expect to have responsibility (with your partner) for the child's upbringing.

6.2 When and how can you take paternity leave

  • 6.2.1 You can start your paternity leave on the date of the birth or adoption placement, or a later date of your choosing. However, it must end within the 52 weeks of birth or placement, or within 52 weeks of the first day of the EWC (Expected Week of Childbirth) (if the child was born early).
  • 6.2.2 You can take your paternity leave as a period of two consecutive weeks or as two nonconsecutive blocks of one week.

6.3 Eligibility criteria

  • 6.3.1 To qualify for paternity leave and pay, you must have been continuously employed by us for at least 26 weeks ending with the 15th week before the EWC or the week in which you or your Partner are notified by the adoption agency or local authority that you or they have been matched with a child.
  • 6.3.2 In adoption, fostering for adoption and surrogacy cases, you may wish to consider adoption leave instead (see our Adoption Leave and Pay Policy). Only one parent can take adoption leave, so you should discuss this with your Partner. You cannot take both paternity leave and adoption leave.
  • 6.3.3 You cannot take paternity leave if you have already taken shared parental leave in respect of the same child. You may be eligible to take shared parental leave after paternity leave.

6.4 Still birth, neonatal loss and miscarriage

  • 6.4.1 We recognise the distress that may result from the loss of your baby and the impact this may have on you regardless of when or how the loss occurs. We wish to support you during this extremely difficult time. We therefore encourage you to discuss with your line manager or HR what support you may need, this could include various forms of leave and/or absence.
  • 6.4.2 With regards to entitlement to paternity leave and pay, you are entitled to leave and pay if:
    • a. your baby is stillborn after the 24 weeks of pregnancy; or
    • b. born alive at any stage of pregnancy but does not survive (neonatal loss).
  • 6.4.3 If your partner experiences a miscarriage in the first 24 weeks of their pregnancy, there is no entitlement to paternity leave or pay, however, there may be other forms of leave and/or absence that are suitable as per 6.4.1.

6.5 Notification of paternity leave

  • 6.5.1 To take paternity leave, you will need to inform your line manager of your entitlement to paternity leave 15 weeks before the EWC, or no more than seven days after you or your Partner were notified of having been matched with the child.
  • 6.5.2 You will then need to give your line manager 28 days’ notice prior to each period your paternity leave, or no more than seven days after you or your Partner were notified of having been matched with the child.
  • 6.5.3 When giving 28 days’ notice you should confirm:
    • a. The EWC or the EPD.
    • b. The date you would like your leave to start (which may be a specified date after the start of the EWC or the EPD, the actual date of birth or a specified number of days after birth); and c. whether you intend to take one week's or two weeks' leave.
  • 6.5.4 You may vary the start date of your paternity leave if you give us at least 28 days’ notice.
  • 6.5.5 If you are unable to give us 28 days’ written notice, you should do so as soon as you can.

6.6 Time off to accompany to antenatal appointments

  • 6.6.1 You are entitled to take reasonable paid time off to accompany the mother/birth parent to antenatal appointments where your presence would be necessary. Reasonable normally means the length of the appointment including travel time.
  • 6.6.2 You should provide as much notice as possible of the appointment to your line manager. You should confirm the date and time of the appointment and that it has been arranged or requested on the advice of a registered medical practitioner, such as a midwife or a nurse.

6.7 Time off to accompany to adoption appointments

  • 6.7.1 You may take reasonable paid time off to accompany the primary adopter at adoption appointments on up to five occasions. Reasonable normally means the length of the appointment including travel and waiting time.
  • 6.7.2 You may take time off to attend an adoption appointment once the agency has notified you that a child is to be placed with you for adoption but before the child is placed with you.
  • 6.7.3 You should provide as much notice as possible of the appointment to your line manager. You should confirm the date and time of the appointment and that it has been arranged or requested by the adoption agency.

6.8 Terms and conditions during paternity leave

  • 6.8.1 All your terms and conditions of employment remain in force during paternity leave. You will:
    • a. Continue receiving any contractual benefits, including pension.
    • b. Continue accruing Holiday entitlement.

6.9 Paternity pay

  • 6.9.1 You are entitled to two weeks of leave on normal full pay following the birth of the child or placement of an adoptive child if you meet eligibility requirements under Section 6.3 and notification requirements under Section 6.5 of this policy.
  • 6.10 Your rights on return after paternity leave
  • 6.10.1 You are normally entitled to return to work after paternity leave to the same position you held before commencing leave. Your terms of employment will be the same as if you not been absent.
  • 6.10.2 However, if you have taken paternity leave immediately after or immediately before a period of parental leave of more than four weeks, and it is not reasonably practicable for us to allow you to return to the same job, we may give you another suitable and appropriate job on terms and conditions that are not less favourable.

6.11 Pensions

  • 6.11.1 You will maintain your usual pension contributions while on paternity leave.
  • 6.11.2 We will continue to make any employer contributions that we usually make.

7 Shared Parental Leave and Pay Policy

7.1 What is Shared Parental Leave

  • 7.1.1 Shared parental leave (SPL) gives you and your partner more flexibility in how to share the care of your child in the first year following their birth or adoption. Assuming you are both eligible, you will be able to choose how to split the available leave between you and can decide to be off work at the same time or at different times. You may be able to take leave in more than one block.
  • 7.1.2 In the case of multiple births or adoptions, there is no additional entitlement to extra SPL or Shared Parental Pay (ShPP).

7.2 Who can take Shared Parental Leave

  • 7.2.1 For you to qualify for SPL either you or your partner must be entitled to Statutory Maternity Leave (SML) or Statutory Adoption Leave (SAL) and must agree to end the maternity/adoption leave and pay early.
  • 7.2.2 You can take SPL in relation to a child if you expect to share the responsibility for caring for the child.
  • 7.2.3 In relation to the birth of a child this means:
    • a. you are the child's mother/birth parent and share the responsibility for the care of the child with the child's father or with your partner; or
    • b. you are the child's father and share the responsibility for the care of the child with the child's mother/birth parent; or
    • c. you are the mother’s/birth parent’s partner and share the responsibility for the care of the child with the mother/birth parent (where the child's father does not share the responsibility with the mother/birth parent); and
    • d. You also fulfil the eligibility criteria under Section 7.4 of this policy.
  • 7.2.4 In relation to the adoption of a child this means:
    • a. a UK adoption agency places a child with you and/or your partner for adoption; or
    • b. a child in local authority care is placed with you and/or your partner as foster parents under a "fostering for adoption" scheme; or
    • c. you adopt a child from overseas with UK government approval; or
    • d. you have a child with a surrogate mother and the court has made or is expected to make a Parental Order.
    • e. You also fulfil the eligibility criteria under Section 7.4 of this policy.

7.3 When and how can you take Shared Parental Leave

  • 7.3.1 If you are the mother/birth parent or the primary adopter, you can take up to 52 weeks of maternity or adoption leave. You must take a minimum of two weeks’ leave after the birth or adoption. After this, you can end your maternity or adoption leave early and convert the remainder of that leave into SPL.
  • 7.3.2 This allows up to 50 weeks of leave to be shared following the birth or adoption. The actual amount depends on how much maternity or adoption leave the mother/birth parent or the primary adopter takes.
  • 7.3.3 SPL may be taken:
    • a. At the same time or separately from when your partner is taking SPL.
    • b. A minimum of one week at a time.
    • c. In multiples of whole weeks, beginning on any day of the week.
    • d. Either as a continuous period of leave or as a discontinuous period of leave, where the leave is interspersed with periods at work.
    • e. At the same time as your partner is taking either paternity leave or unpaid parental leave.
    • f. When you are still on maternity or adoption leave as long as you have given formal notice of the early end date of your maternity/adoption leave and pay.
    • g. Starting at any time after you have given formal notice to end your maternity/adoption leave and pay early.
    • h. Finishing no later than the first anniversary of the birth or placement.

7.4 Eligibility criteria

  • 7.4.1 To be eligible you must:
    • a. Have been continuously employed by us for at least 26 weeks by the end of the 15th week before the Expected Week of the Childbirth (EWC) or the Qualifying Week.
    • b. Still be employed by us until the week before any period of SPL starts.
      c. Comply with the notification obligations detailed in Section 7.6 of this policy.
  • 7.4.2 Your partner must pass the “employment and earnings test”. It means they must have worked (in an employed or self-employed capacity) in at least 26 of the 66 weeks before the Qualifying Week and had average weekly earnings of at least £30 during 13 of those weeks.

7.5 Evidence of entitlement

  • 7.5.1 In maternity, you must provide on request:
    • a. A copy of the birth certificate (or if you have not yet obtained a birth certificate, a signed declaration of the child's date and place of birth); and
    • b. The name and address of the other parent's employer (or a declaration that they have no employer).
  • 7.5.2 In adoption or surrogacy, you must provide on request:
    • a. In a UK adoption case, one or more documents from the adoption agency showing the agency's name and address and the Expected Placement Date (EPD);
    • b. In an overseas adoption case, a copy of your Official Notification.
    • c. In a surrogacy case, the Parental Order from the court (if it has been granted); and
    • d. The name and address of your partner's employer (or a declaration that they have no employer).

7.6 Notification of Shared Parental Leave

  • 7.6.1 If you are eligible and wish to take SPL, you are required to give notice of:
    • a. A maternity/adoption leave curtailment – you must give at least 8 weeks’ written notice to end your or your partner’s maternity/adoption leave.
    • b. Entitlement and intention to take SPL – you must provide written notice of entitlement and of your intention to take at least 8 weeks before the start of the first period of SPL.
    • c. A request for an upcoming period of leave – you must set out the start and end dates of each period of you are requesting.
  • 7.6.2 To apply for and take SPL, you will need to complete the relevant form.
  • 7.6.3 We will accept and confirm our acceptance in writing of all notices for a continuous period of leave from eligible parents.
  • 7.6.4 If you ask to take discontinuous leave, then we may, within 2 weeks of receiving the period of leave notice:
    • a. Agree to the request.
    • b. Propose alternative dates, or
    • c. refuse the request without proposing alternative dates.
  • 7.6.5 It may not always be operationally possible for us to agree to requests for discontinuous leave. However, we will not unreasonably refuse such requests.
  • 7.6.6 If the request is not agreed, you may then decide:
    • a. To withdraw the request.
    • b. To propose or accept alternative dates, or
    • c. request to take the leave as one continuous period.
  • 7.6.7 You may make a request to vary the dates, duration or how the leave is taken even after it was agreed. You must provide at least 8 weeks’ notice.
  • 7.6.8 If your baby is born more than 8 weeks early, you do not need to give the usual 8 weeks’ notice to book or change leave dates. You should notify us as soon as practicable.
  • 7.6.9 You may request a maximum of three leave notices and/or variation requests.
  • 7.6.10 A notice to change or cancel a period of leave will count as one of your three period of leave notices, unless:
    • a. it is a result of your child being born or placed with you for adoption earlier or later than the EWC/EPD; or
    • b. you are cancelling a request for discontinuous leave within two days of the end of the two-week period under paragraph 7.6.4; or
    • c. it is at our request; or
    • d. we agree otherwise.

7.7 If you stop having responsibility for the child

  • 7.7.1 If you stop sharing responsibility for the child, you must tell us straight away.
  • 7.7.2 Your entitlement to SPL or ShPP will end, and we will usually ask you to return to work.
  • 7.7.3 In rare cases, after exploring other options, we may still ask you to take the period of leave you booked for up to 8 weeks if, for operational reasons, it is not reasonably practicable for us to accommodate the change in your circumstance. This leave will be unpaid as you are no longer entitled to ShPP. However, there may be other forms of leave and/or absence that you could use some of which may be paid.

7.8 Terms and conditions during Shared Parental Leave

  • 7.8.1 All your terms and conditions of employment remain in force during SPL, except for your terms relating to pay (please see Sections 7.11 – 7.14 of this policy).
  • 7.8.2 Holiday entitlement will continue to accrue at the rate provided under your contract. If your SPL will continue into the next holiday year, any holiday entitlement that cannot reasonably be taken before starting your leave will be carried into the next holiday leave. Please discuss your holiday plans with your line manager in good time before starting SPL. All requests for holiday are subject to approval by your line manager.
  • 7.8.3 If you are enrolled in a pension scheme with us, we will make employer pension contributions during any period of paid SPL, based on your normal salary, in accordance with the relevant pension scheme rules. Any employee contributions you make will be based on the amount of any Shared Parental Pay (ShPP) you are receiving, and we will contribute any shortfall in your own contribution if you are earning less than your normal pay. You can contact our Pensions Team prior to your SPL commencing to understand any specific pension implications relating to your individual circumstances and options during your SPL.

7.9 Your rights on return after Shared Parental Leave.

  • 7.9.1 You have the right to return to the same job after the first 26 weeks of your SPL and any maternity, adoption or paternity leave.
  • 7.9.2 If you take more than 26 weeks of leave in total (including SPL, maternity, adoption or paternity), you normally also have the right to return to the same job. This may be not possible where there have been significant organisational changes and it is not reasonably practicable for you to return to the same job. In such cases, we will offer you a similar job on terms and conditions that are not less favourable. This means your pay, benefits, holiday entitlement and the job 
    grade will remain the same.

7.10 Keeping in Touch

  • 7.10.1 Your line manager may make reasonable contact with you from time to time during your SPL.
  • 7.10.2 You can ask or we can ask you to work (including attending training) on up to 20 "keeping-intouch" days (KIT days, also known as SPLIT days) during your SPL without bringing your SPL to an end.
  • 7.10.3 This is in addition to the 10 KIT days the mother, birth parent or primary adopter may have taken during Statutory Maternity Leave (SML) or Statutory Adoption Leave (SAL).
  • 7.10.4 KIT days are not compulsory.
  • 7.10.5 You and your line manager can discuss and mutually agree:
    • a. if you will work any KIT days;
    • b. when you will work any KIT days; and
    • c. what type of work you will do.
  • 7.10.6 It still counts as a full KIT day even if you only work part of it, for example a half day.
  • 7.10.7 You will receive full pay for any time worked as a KIT day in arrears. If a KIT day occurs during a week when you are receiving full Shared Parental Pay (ShPP), there will be no change to your pay. If a KIT day occurs during a week when you are receiving only Statutory Shared Parental Pay (ShPP) or a week that is unpaid, your pay will effectively be “topped up” so that you receive full pay for the day/hours worked.
  • 7.10.8 You should record KIT days on ServiceNow.

7.11 Shared Parental Pay

  • 7.11.1 You may be able to share up to 37 weeks of ShPP as a couple. It is less than the duration of pay available for Maternity and Adoption which is 39 weeks. This is because the mother/birth parent or the primary adopter must take a minimum of two weeks’ leave following the birth or adoption. These two weeks are paid as Statutory Maternity Pay (SMP)/Statutory Adoption Pay (SAP), Contractual Maternity Pay (CMP)/Contractual Adoption Pay (CAP) or Maternity Allowance 
    depending on the eligibility.

7.12 Statutory Shared Parental Pay

  • 7.12.1 You are entitled to Statutory ShPP if:
    • a. You meet eligibility criteria for the SPL as described under the Section 7.4 of this policy; and
    • b. earn no less than the lower earnings limit set by the government each tax year for 8 weeks before the 15th week of the EWC or the Qualifying Week.
  • 7.12.2 Up to 37 weeks of Statutory ShPP is paid at the statutory rate for SPL, or 90% of your average weekly earnings, whichever is lower.
  • 7.12.3 This is the same as SMP/SAP except that during the first 6 weeks SMP/SAP is paid at 90% of actual earnings (with no maximum limit).
  • 7.12.4 The actual amount of Statutory ShPP you can receive depends on:
    • a. how much maternity or adoption leave the mother/birth parent, or the primary adopter has already taken; and
    • b. how many weeks of SMP/CMP or Maternity Allowance have been claimed by you or your partner.

7.13 Contractual Shared Parental Pay

  • 7.13.1 You are entitled to Contractual ShPP if:
    • a. You meet eligibility criteria for the SPL as described under the Section 7.4 of this policy; and
    • b. You are committed to remain in our employment for at least 26 weeks after the end of your final period of SPL or remainder of your fixed term contract (whichever is sooner); and
    • c. You provide a written confirmation at the start of SPL to remain in our employment for least 26 weeks after the end of SPL.
  • 7.13.1 Up to 37 weeks (please see Section 7.11 of this policy) of Contractual ShPP is paid as follows:
    • a. Up to 24 weeks paid at your normal full pay (including any Statutory ShPP if you qualify), followed by
    • b. Up to 13 weeks paid at the statutory flat rate of ShPP, or 90% of your average weekly earnings, whichever is lower.
    • c. Any further leave entitlement will be unpaid.
  • 7.13.2 You can claim Contractual ShPP until it has been exhausted and this must be within 52 weeks of the start of the original period of maternity or adoption leave.
  • 7.13.3 The actual amount of Contractual ShPP you can receive depends on:
    • a. How much maternity or adoption leave has been taken: Any maternity or adoption leave taken by you or your partner over and above the two weeks following birth or adoption (as described under the Section 7.11 of this policy) will reduce your entitlement to Contractual ShPP by the same amount. This is regardless of the rate of pay you or your partner receives for that maternity or adoption leave. It applies whether your partner is employed by the University or elsewhere; and
    • b. When and how much SPL is taken by your partner: Any SPL your partner takes will reduce your entitlement to Contractual ShPP. This is regardless of the rate of pay your partner receives for their SPL. It applies whether they are employed by the University or elsewhere; and
    • c. When you take your SPL: You can only receive your normal full pay if you take SPL within the 52 weeks of the start of the original period of maternity or adoption leave.
  • 7.13.4 We will require repayment of the difference between Contractual ShPP and Statutory ShPP if you do not return for at least 26 weeks after your only or final period of SPL where you resign or are dismissed due to gross misconduct.
  • 7.13.5 We will not require repayment of the difference between Contractual ShPP and Statutory ShPP if you do not to remain in our employment for at least 26 weeks after the end of SPL where we end your employment due to a redundancy situation.
  • 7.13.6 In cases where you accept voluntary redundancy, we may require the repayment of the difference between Contractual ShPP and Statutory ShPP. The relevant Voluntary Redundancy Scheme in operation at the time will determine whether repayment is required.
  • 7.13.7 If you are unsure if you want to return to work and remain in our employment following your SPL, you may choose to receive only Statutory ShPP during your SPL. A payment equivalent to your Contractual ShPP (less any Statutory ShPP received) will be paid afterwards if you return to work and remain in our employment for at least 26 weeks.

7.14 Contractual Shared Parental Pay and Fixed Term Contracts

  • 7.14.1 If you are employed on a fixed term contract that expires or does not enable you to remain in our employment for the required 26 weeks, you will not have to repay Contractual ShPP.
  • 7.14.2 If your fixed term contract expires during your SPL, your Contractual ShPP and all other contractual employment benefits will cease on the contract end date. You may continue to be entitled to Statutory ShPP after your employment ends.

8 Unpaid Parental Leave Policy

8.1 What is Unpaid Parental Leave

  • 8.1.1 Unpaid Parental Leave (UPL) is a provision to unpaid leave which you may take to look after your child’s welfare, for example to:
    • a. Spend more time with your child;
    • b. Look at new schools;
    • c. Settle children into new childcare arrangements;
    • d. Spend more time with family, such as visiting grandparents.

8.2 Who can take Unpaid Parental Leave

  • 8.2.1 You can take UPL if you have parental responsibility for a child. This includes if you:
    • a. Are the child's mother/birth parent or father (whether or not you are living with the child).
    • b. Are the child's adoptive parent; or
    • c. otherwise have legal parental responsibility for the child, for example, if you are the child's guardian, or a stepparent who has a parental responsibility agreement or parental responsibility order.

8.3 When and how can you take Unpaid Parental Leave

  • 8.3.1 You can take UPL at any time between assuming parental responsibility for the child and the child's 18th birthday.
  • 8.3.2 You may not take more than four weeks' of UPL each year in relation to each child. A year for this purpose begins on the date when you became entitled to take UPL in relation to the child in question.
  • 8.3.3 You are entitled to take up to 18 weeks' of UPL in total.
  • 8.3.4 You can book UPL in full days or whole weeks.

8.4 Eligibility criteria

  • 8.4.1 To take a period of UPL in relation to a child, you must:
    • a. Have at least one year's continuous employment.
    • b. Have or expect to have responsibility for the child; and
    • c. be taking the leave to spend time with or otherwise care for the child.
  • 8.4.2 You will disclose the amount of UPL previously taken in respect of the same child whilst with a different employer.

8.5 Notification of Unpaid Parental Leave

  • 8.5.1 You should provide your line manager with a minimum of 21 days’ notice of the intention to take UPL, and the intended start date and duration of the leave.
  • 8.5.2 We will not unreasonably turn down the request if you provide less notice of the intention to take UPL.

8.6 Our right to postpone UPL

  • 8.6.1 We will seek to accommodate your request for UPL on your chosen dates in most cases.
  • 8.6.2 In rare cases, we might postpone a requested period of UPL for up to six months where the requested leave would result in significant disruption to our business needs, for example, where:
    • a. you wish to take UPL during a peak period;
    • b. a number of employees wish to take UPL at the same time;
    • c. your work at that time is of importance to a time-critical project; or
    • d. cover for your work cannot be found before the date on which your UPL is due to start.
  • 8.6.3 If we need to postpone your request for UPL, we will consult with you about alternative dates. We will notify you in writing of the reason for postponement and the new start and end dates for your UPL, no more than seven days after receipt of your request for UPL.
  • 8.6.4 We will not postpone UPL if you have requested it to start immediately on the birth or adoption of a child.
  • 8.6.5 We will not postpone UPL if the postponement would result in the leave being taken after the child's 18th birthday.
  • 8.6.6 You are entitled to commence UPL a maximum of 6 months after an originally requested start date if we asked you to be postpone your UPL.

8.7 Terms and conditions during Unpaid Parental Leave

  • 8.7.1 Parental leave under this policy is unpaid. Your contractual provisions relating to pay and benefits are suspended during UPL except for holiday which continues to accrue.
  • 8.7.2 However, any terms and conditions in relation to notice periods, redundancy, disciplinary and grievance procedures still apply.

8.8 Your rights on return after Unpaid Parental Leave

  • 8.8.1 You are normally entitled to return to work following UPL to the same job you held before starting leave. Your terms of employment will be the same as they would have been had you not been absent.
  • 8.8.2 However, where your period of UPL has been longer than four weeks or has been combined with a period of additional maternity, paternity, or adoption leave, it might not be possible in some cases for you to return to the same job. In such cases, we will offer you a similar job on terms and conditions that are not less favourable.

Responsibilities

Your Line Manager will:

  • Inform HR when you notified them of any changes to your family leave arrangements.
  • Respond to your notification to take SML or SAL within 28 days.
  • Ensure your Risk Assessment is conducted in line with the Health & Safety Policy where applicable.
  • Seek further advice in relation to the Risk Assessment from the Health, Safety and Risk Directorate as well as HR where necessary.
  • Consider appropriately any request for alternative working arrangements or suspension on 
    maternity grounds because of the risk assessment.
  • Enable you to take time off for antenatal appointments, or adoption appointments as outlined in the policy.
  • Consider appropriate ways to maintain communication with you during your period of family leave, including the use of KIT days.
  • Ensure that you are aware where appropriate facilities for breastfeeding or expressing milk are 
    provided and work flexibly with you to organise timing of breaks for this purpose.
  • Review a Period of Leave notice for SPL and decide whether they can agree to the proposed 
    arrangement within 2 weeks of the date of the notice. Your line manager cannot refuse your request for SPL if it is continuous.
  • Consider any changes of circumstances for parents on SPL and accommodate any reasonably 
    practicable requests.
  • Notify you in writing no later than 7 days after a request for UPL of a decision to postpone.
  • Consider requests for UPL sympathetically where the minimum of 21 days’ notice cannot be 
    provided for genuine reasons.
  • Make all reasonable efforts to accommodate UPL. Where the dates you requested cannot be 
    accommodated, your line manager will not postpone UPL for longer than 6 months from the original requested start date.

You will:

  • Read, seek to understand, and comply with the policy provisions.
  • Provide appropriate notice when taking family leave and returning from family leave.
  • Inform your line manager and HR about any changes to your family leave arrangements.
  • Provide appropriate documents and evidence when taking a period of family leave.
  • Agree to repay the contractual element of CMP/CAP/ShPP where you do not fulfil the qualifying 
    criteria on return to work.
  • Arrange antenatal and adoption appointments wherever feasible to minimise disruption to the 
    working day.

Human Resources will:

  • Issue relevant letters once notified about the period of family leave.
  • Provide policy advice as appropriate.
  • Review and update this policy in response to revised legislation and guidelines.

Version control

Last updated:18 April 2024
Consulted: 

HR SLT

UEB

JPWG

Date consulted:

18 October 2023

14 November 2023

16 April 2024

Date to JJNC: 16 May 2024Date approved:16 May 2024
E&D Assessment:YesDate assessed:31 March 2023
Author:Anna Shikhareva – HR Policy Adviser