33002 Procedure - Maternity, adoption and …

1 33002 Procedure maternity , adoption AND. maternity / adoption SUPPORT LEAVE. Version: Last Updated: 13 March 2018. ECHR Potential Equality Impact Assessment: 1. About This Procedure This Procedure derives from HR POLICY 33000 and sets out the process by which Hampshire Constabulary manages: maternity leave and pay, and returning to work adoption leave and pay, and returning to work maternity / adoption Support leave and pay Shared Parental Leave This Procedure applies to both Police Officers and Police Staff. This Procedure has been written in accordance with the Equality Act 2010 as well as relevant Police Regulations, UK Employment Legislation, Home Office and ACAS Guidance.

2 2. Risk Assessments / Health and Safety Considerations Employment practice and Procedure is mainly derived from Employment Law. Failure to follow published procedures , and the processes contained therein, may lead to the Hampshire Constabulary having to account for its actions at an Employment Tribunal. The risk here is not only financial but one of reputation, loss of confidence in the process and morale. maternity Under Health and Safety Regulations the Constabulary has a duty to assess and control the risks to new and expectant mothers. Details are outlined in 21318 Procedure . Expectant and Nursing Mothers. A risk assessment using form HS8 must be carried out to identify any risk to the officer's/ staff's health or that of her unborn baby.

3 Managers and officer/staff should refer to Appendix A. Version March 2018. 33002 Procedure maternity , adoption AND. maternity / adoption SUPPORT LEAVE. 3. Procedure maternity Notification of intention to take maternity leave a Pregnant officer/staff must inform their line manager and the Integrated Business Centre of their intended maternity leave start date via Ess Lite , App finder and ESS My Family Leave. This must be done by the 15th week before the week the baby is due and be accompanied by a copy of the MATB1 form obtained from the doctor or midwife. The last working day given can be altered by giving 28 days notice in writing. b The Integrated Business Centre must notify the officer/staff of their latest possible return date in writing within 28 days of receiving notification.

4 C Pregnant officer/staff looking to commence maternity leave up to six months prior to the expected week of childbirth need to contact the Integrated Business Centre at least 28. days before the absence is due to begin or as is reasonably practicable. Attending antenatal appointments a Pregnant officers/staff are entitled to reasonable paid time off work to attend appointments for antenatal care. After the initial appointment officers/staff may be asked to produce their appointment card when requesting time off. Refer to Guidance b The father of the baby, or the pregnant woman's partner has the right to unpaid time off work to attend up to two antenatal appointments with the woman.

5 maternity leave and pay a Police staff - refer to Appendix B. b Police Officers - refer to Appendix C. Version March 2018. 33002 Procedure maternity , adoption AND. maternity / adoption SUPPORT LEAVE. Sickness absence a If a doctor certifies a pregnant officer as not fit for work, this time will be treated and paid under sick pay provisions until the date of the baby's birth or the notified maternity leave start date. However, maternity leave and maternity pay will automatically start if she is absent for a pregnancy related reason or illness within 4 weeks of the baby being due. maternity leave and pay will begin the day after the first day of her pregnancy-related absence.

6 B If a officer/staff has pregnancy related sickness absence during the period from the beginning of her pregnancy until 12 months after the birth, this will be discounted as part of any subsequent sickness management calculations. Premature birth If a baby is born before the start of the 11th week before the baby is due, or before the start of the paid maternity leave period, maternity leave and pay will start from the day following the birth. Stillbirth a If a officer/staff has a still birth after the start of the 24th week of pregnancy they will be eligible for maternity leave and pay in the usual way. If this happens before the 24th week of the pregnancy a woman will be able to take sick leave and be paid under the Occupational Sick Pay Scheme.

7 B Support is available from the Employee Assistant Programme : 0800 030 5182 which provides a 24 hour confidential service offering support and counselling In Vitro Fertilisation (IVF) Treatment a There is no paid leave entitlement for officer/staff undergoing IVF treatment. However, line managers will be flexible in managing the absence required for the treatment, use of annual leave, flexi leave (staff), owed rest days (officers) or unpaid leave. Version March 2018. 33002 Procedure maternity , adoption AND. maternity / adoption SUPPORT LEAVE. b Once an embryo is implanted, a woman is deemed pregnant and all maternity related benefits and procedures apply adoption (Refer to guidance).

8 adoption leave and pay is for officer/staff adopting through a UK adoption agency, or adopting from overseas and have received official notification from the relevant UK authority of their eligibility to adopt a child from abroad. Where a couple jointly adopts a child, only one of them will be entitled to take adoption leave. The other adoptive parent, if eligible, will be entitled to claim maternity / adoption Support Leave and Pay. Officers/Staff are entitled to reasonable paid time off to attend up to 5 appointments during the adoption process. After the initial appointment officer/staff may be asked to produce their appointment card when requesting time off.

9 adoption leave and pay entitlements - Refer to Appendix D. Surrogacy a If a baby is born to a surrogate mother, one of the intended parents must be genetically related to the child and the child must live with the intended parents and must apply for a parental order within 6 months of the child's birth. b Where a couple have a parental order in relation to a child, one of the parents can be eligible for adoption leave and pay and the other may be eligible for maternity / adoption support leave and pay (paternity leave). c Officers/staff who takes adoption leave in these circumstances can curtail their adoption leave and take shared parental leave with the other parent, provided that they meet the eligibility requirements.

10 D Notification: the employee must give the IBC notice via ESS lite of their intention to take ordinary adoption leave in respect of a child specifying the expected week of the child's birth. The employee must give this Version March 2018. 33002 Procedure maternity , adoption AND. maternity / adoption SUPPORT LEAVE. information by the end of the 15th week before the expected week of the child's birth. The employee must also notify the IBC via ESS lite, as soon as reasonably practicable after the child's birth, of the date on which the child was born. All the other conditions for qualifying for pay and leave are the same as for adoptive parents. Note: If you are genetically related to the child you may have paternity leave and pay instead or adoption leave and pay.