Family-Friendly Policies
Maternity policy
Policy statement
At Double, we endeavour to ensure all women are given support and encouragement before, during, and on return to work from maternity leave.
We aim to ensure that the employee’s duties are adequately covered during maternity leave and that an effective dialogue is implemented at all stages so that employees feel fully informed about both their entitlements and the process.
All employees taking maternity leave are covered by this policy, including those on part-time contracts.
Maternity leave
Please notify us as soon as possible of your pregnancy to enable us to ensure that, where appropriate, any reasonable steps are taken to ensure the safety of yourself and your unborn child and that you are not subject to any unnecessary risks.
To qualify for maternity leave we require that you notify us in writing of your pregnancy, your expected week of childbirth (EWC) and the date on which you intend your ordinary maternity leave period to start, which can be any time from the 11th week before the EWC.
You should also give your MATB1 form to a Company Director. You would normally be given this at around the 20-week stage.
An informal meeting will then be arranged with a Company Director so that they ensure you are aware of all your entitlements and the processes involved. The meeting will include discussion on the following points:
the amount of leave you can take and the payment arrangements
the information that we will need from you to process your maternity leave
time off for antenatal appointments
risk assessments to ensure your role does not pose a risk to your, or your baby’s, health and safety
your right to return after maternity leave to the same or a similar role
the opportunity to request flexible working and how a request should be made
In order to ensure good communication and a smooth transition in the time leading up to maternity leave, and during the leave itself, you will be informed of the arrangements for covering your work and also for remaining in contact whilst you are on leave. We will ask you for your ideas on how best your workload can be covered during your leave and also on any temporary reporting arrangements while you are on leave.
We would like to keep you fully informed of any news or developments at work during your leave and so you will normally continue to receive Company updates via calls or emails and information on social events etc. We will also keep you informed of any recruitment exercises undertaken during your absence.
Time off for antenatal care
You are entitled to paid time off during normal working hours to receive antenatal care. Antenatal care can include not only medical examinations, but also relaxation and parent-craft classes.
Other than for the first appointment, you may be asked to provide an appointment card to a Company Director for our records.
You will receive full pay for the time taken to attend these appointments.
Length of maternity leave
You are entitled to 52 weeks’ maternity leave in total, broken down as follows:
26 weeks’ Ordinary Maternity Leave.
Additional Maternity Leave that starts immediately after Ordinary Maternity Leave and continues for a further 26 weeks.
When does your maternity leave start?
You can start maternity leave between the beginning of the 11th week before the EWC and the day of the birth and you must notify us of the date you wish to start maternity leave. You may then change the date you wish maternity leave to start by giving us at least 28 days’ notice, provided that you have complied with the notification requirements set out below. Any application for a date change should be made in writing to a Company Director.
Compulsory maternity leave commences on the day after the childbirth occurs. Its purpose is to ensure that you have at least a two-week period (four weeks for factory workers) leave after the birth of your baby.
There are two incidences in which the maternity leave period is triggered automatically:
Where childbirth occurs before the maternity leave period would otherwise commence. If this occurs, please notify us as soon as possible after the birth, of the date on which you gave birth. Your maternity leave period will begin automatically on the day following the date of the birth.
If you are absent from work, wholly or partly due to your pregnancy, after the beginning of the fourth week before the EWC. In this circumstance, the Company may require that your maternity leave period begins on the day following the first day of such absence.
If you are absent from work, wholly or partly because of pregnancy, on the first day of the 4 weeks leading up to the EWC, your ordinary maternity leave will begin automatically the following day.
You do not need to notify us that you want your maternity leave to start, but you must notify a Company Director in writing as soon as possible that you are absent from work due to pregnancy, and the date your absence began.
If you give birth before your ordinary maternity leave has started, your leave will begin automatically the following day.
Once you have notified a Company Director of your intended start date or that your ordinary maternity leave period has been triggered due to premature absence or premature childbirth, we will confirm to you within 28 days the date that we expect you to return to work after additional maternity leave has ended.
Length of maternity leave
You are entitled to take 26 weeks’ ordinary maternity leave followed by 26 weeks’ additional maternity leave. This is irrespective of your length of service or the number of hours worked each week, provided you follow the notification requirements set out above. The initial two week period (four weeks for factory workers) after the birth of your child is compulsory leave and must be taken.
Unless you notify us that you wish to take a shorter period, the Company will automatically assume you are taking your full entitlement to 52 weeks, and write to you to confirm your expected return date.
Stillbirth and miscarriage
If you experience a miscarriage before 24 weeks of pregnancy, you will no longer be entitled to take maternity leave. It is anticipated that an employee may need some time off work in these circumstances and this will usually be taken as sick leave, during which the Company’s sickness absence policy will apply.
If you suffer a stillbirth after 24 weeks of pregnancy, your entitlement to maternity leave and pay will not be affected and you will still be able to take the time off, and receive pay, as planned.
Health and safety
So that we may assess any potential risk that your role poses to your health and safety, and the health and safety of your baby, you must notify a Company Director as soon as you are aware that you are pregnant. A Health and Safety Risk Assessment will be undertaken and action taken to eliminate any risk.
This may include making adjustments to your role or, if no adjustments can be identified that will reduce or remove the risk, you will be offered a suitable alternative role for the duration of your pregnancy. In the event that alternative work cannot be found, we reserve the right to place you on suspension on full pay until you are no longer at risk. If necessary, these arrangements will continue for a period of six months after the birth of your child.
Please speak with a Company Director immediately if you are worried about your own health and safety at any time.
Returning to work
If you return to work at the end of your ordinary maternity leave you are entitled to return to the same job, with the same terms and conditions, in which you were employed before your absence.
If you return to work after a period of additional maternity leave, you are entitled to return to the same job in which you were employed before your absence or, if that is not reasonably practicable, to another job which is both suitable and appropriate for you in the circumstances on terms no less favourable.
If you are made redundant during maternity leave, you will be offered a suitable alternative role.
Unless you state otherwise, it will be automatically assumed that you will return to work at the end of your full 52 week leave period. So that we may make effective plans for your return, we would be grateful if you would contact us shortly before your return. However, there is no obligation on you to do so unless you wish to change the date of your return, in which case you must give us eight weeks’ notice.
If you qualify for shared parental leave and wish to return early from maternity leave for this purpose, you must also give us eight weeks’ notice. You can find more information on this in our shared parental leave policy.
You may be invited to attend an informal meeting with a Company Director in order to discuss any arrangements regarding your return to work. This is likely to take place approximately two weeks before your return. The following points will be discussed at this meeting:
any developments that have taken place at work
any training which it may be appropriate to have in light of any developments
any flexible working arrangements which have been agreed.
If you decide that you do not wish to return to work after your maternity leave, you are required to give us notice of your resignation and this amount is set out in your contract of employment. The Company will require repayment of any contractual maternity pay in excess of your statutory entitlement that you have received during maternity leave.
If you are unable to return on the agreed date due to sickness, please inform a Company Director immediately.
Flexible working
We recognise that women returning from maternity leave may wish to reduce their working hours or undertake homeworking.
We will make every effort to accommodate requests for part‑time working, provided that your duties can still be effectively carried out on such a basis. However, we must also take into account the needs of the business when assessing and granting any requests.
Any flexible working request should be made in line with the process set out in the flexible working policy.
Breastfeeding Mothers
We understand that some women will still be breastfeeding when they return to work and aim to make mothers feel comfortable should they wish to either breastfeed their babies at work or express milk for use later. Returning to work does not mean that you have to stop breastfeeding.
We commit to providing all breastfeeding mothers with:
breaks for mothers to breastfeed or express milk as required
a clean, warm, private room for expressing
a secure, clean fridge to store expressed milk
flexible working hours to fit in with breastfeeding
Written notification of a request to breastfeed before your return to work will be required to enable us to ensure a healthy and safe environment to support you. We will discuss with you how best to manage your return more easily and effectively with this in mind and what, if any, changes will need to be put in place.
We expect all other employees to respect breastfeeding mothers. Any harassment will not be tolerated and were necessary will be dealt with under the Disciplinary policy.
Maternity pay
Dependent upon your length of service, we offer enhanced Maternity Pay over and above the statutory requirements.
Providing you have been employed by Double for over one year and have passed your probationary period, you will be entitled to receive the following:
90% of your average weekly earnings for 6 weeks
50% of your average weekly earnings for the following 12 weeks
Statutory Maternity Pay for the remaining 21 weeks of statutory maternity leave
If you have been employed by Double for less than one year or have not passed your probationary period, you may be entitled to Statutory Maternity Pay. If you do not qualify for such a payment, you may, dependent upon your circumstances, be eligible to receive state Maternity Allowance.
You will qualify for Statutory Maternity Pay (SMP) if you meet the following criteria:
you have been continuously employed with us for at least 26 weeks’ continuing into the 15th week before the week the baby is due
your average weekly earnings are not less than the lower earnings limit relevant for National Insurance purposes
you are still pregnant at the 11th week before the EWC or have given birth by that time and
you have complied with the relevant notification requirements
The period for which SMP may be paid is called the maternity pay period. The maternity pay period may start at any time from the start of the 11th week before the EWC and can continue for up to 39 weeks, even if you do not intend to return to work.
Payment will be made at the rate of 90% of your average earnings for the first six weeks’ of leave and then up to 33 weeks’ at the Standard Rate of SMP or 90% of your average weekly earnings (whichever is lower).
Your average earnings are calculated based on your earnings in the eight week period before your EWC.
Keeping in touch (KIT) days
You may, by mutual agreement, work for up to 10 days during your maternity leave period (but not during the compulsory maternity leave period) without losing statutory payments for that week, or ending your entitlement to leave.
For this purpose any work carried out on any day, even just an hour's work, is deemed to constitute "a day's work". Any days' work done under this provision will not have the effect of extending the total duration of the maternity leave period.
Contractual benefits
Your normal terms and conditions of employment will continue during your ordinary maternity leave period and your additional maternity leave period, with the exception of pay.
Holidays
You will continue to accrue holidays whilst you are on maternity leave. As these holidays cannot be taken whilst you are on maternity leave, it is important for us to discuss and agree the arrangements for the taking of these holidays.
Holiday entitlement accrued during maternity leave
At the pre-maternity leave interview, we will discuss and agree with you your intentions for taking holiday around maternity leave. This could include taking an amount of holiday before both before and after maternity leave, effectively increasing the amount of time off the employee takes at once.
Grievances related to maternity rights
The Company Grievance procedure may be used in the event that you are dissatisfied with any decision made in respect of your maternity rights.
Shared Parental Leave
You may be entitled to take shared parental leave and you should refer to our shared parental leave policy for further information on entitlements, eligibility and notice requirements.
Last Updated: January 2020
Policy and procedure on arranging maternity leave cover
Policy purpose
This policy sets out the Company’s stance on making provision for the cover of an employee’s duties whilst they are on maternity leave. The benefits of this are twofold: the operations of the Company will be maintained during the employee’s absence and the employee will experience a smooth and effective transition on her return to work.
Allocation of tasks
Upon being notified of an employee’s pregnancy, a Company Director will undertake necessary checks into the employee’s role to identify how, and by whom, the duties can be covered during maternity leave. There are several options available when considering how to allocate work. These include:
providing training and assistance to other members of staff to carry out the employee’s duties
reallocating work to other members of staff who are currently capable of undertaking the tasks
making arrangements for a temporary replacement, which may include a secondment
The following procedure will apply in the event that:
the employee’s duties are to be covered by other employees, or
an employee is to be temporarily transferred on a secondment in the role.
A decision will be taken by the team in association with a Company Director to find a suitable temporary replacement by assessing the following factors:
necessary capabilities
experience
capacity
development opportunities
associated costs
impact on the business.
Handover plan
A plan will be put in place for the transfer of duties to the employee or employees covering the role. This will include a handover plan which will be discussed with the employee before her leave begins. The handover plan will contain details on the following:
the employee’s current duties, workload and deadlines
projects that are known to be taking place during the absence
areas of work that can be undertaken by others
names of those who are to cover the duties and how the duties will be done
plans for the employee’s transition back in to work when the maternity leave comes to an end.
Flexibility will be built into the plan in case the employee decides to return to work earlier than planned. Employees on maternity leave should give as much notice of an early return as possible and, in any event, at least eight weeks’ notice.
Training and support
Any training or assistance required by members of staff covering the employee’s role will be provided by the employee and other team members during the handover period.
Absence immediately following leave
Absence following maternity leave for reasons such as sickness, scheduled annual leave or parental leave must be notified to the Company as early as possible before the employee’s expected return date. This will ensure the Company can make any necessary plans to cover the employee’s role for this continued period of absence.
Resigning following leave
An employee may wish to resign at the end of their maternity leave period. Written notice of the employee’s intention to resign must be sent to a Company Director.
Last Updated: January 2020
Paternity leave policy
The Company endeavours to provide help and assistance to employees who wish to use their right to take paternity leave. This policy outlines paternity leave entitlements and how employees should arrange this period of leave.
Eligibility
Paternity leave following the birth of a child
You will meet the eligibility criteria for paternity leave if you:
are the child’s father, the mother’s husband or partner (whether of the same or different sex) or one partner in a couple who are both entitled to apply for, and propose to apply for, a Parental Order for the child
have been employed and performed work for your employer for a minimum period of 26 weeks by the end of the 15th week before the expected week of childbirth (EWC)
will be or expect to be responsible for the child’s upbringing, where you are the father, or expect to be mainly responsible for the child’s upbringing where you are the mother’s husband or partner but not the father of the child
have given the required notice of your intention to take leave
have not previously taken shared parental leave for the same child.
Paternity leave following adoption
You will be eligible for paternity leave and pay on the adoption of a child if you:
will be or expect to be mainly responsible for the child’s upbringing
are married to the child’s adopter or the partner of the child’s adopter (whether of the same or different sex)
have been employed and performed work for your employer for a minimum period of 26 weeks by the end of the week the matching notification is given to the child’s adopter
have given the required notice of your intention to take leave and, where requested, have provided evidence
have not previously taken shared parental leave for the same child.
When does paternity leave start?
Paternity leave lasts for a fixed period of one week or two consecutive weeks. You may not take individual days or separate weeks as paternity leave. Leave can be chosen to start:
from the birth date or date of adoption (whether this date is sooner or later than anticipated) or
on a specific day after the birth date or date of adoption (whether this day is sooner or later than anticipated) or
from a specific date that is after the first day of the EWC (in birth cases and not adoption) or
on a specific date, arranged in advance, that is after the expected placement date (in adoption cases).
If the child is born earlier than expected before the EWC, paternity leave must be taken:
within a period of 56 days from that date or
within a period of 56 days from the child’s actual birth date.
If the same pregnancy results in more than one child being born, or more than one child is adopted in the same arrangement, the entitlement to paternity leave does not increase and only one period of leave can be taken.
Notification requirements
Paternity leave following the birth of a child
Unless not reasonably practicable, your intention to utilise a period of paternity leave must be notified to the Company during or before the 15th week before the EWC. A Company Director must be informed, in writing, of:
the anticipated week of birth
whether you intend to use one or two weeks’ leave
the date you wish the leave to begin.
As soon as reasonably practicable after birth, you must notify us of the actual date of birth in writing.
A signed declaration stating you intend to utilise a period of paternity leave to care for a child or provide support to the mother of the child and that you meet the eligibility criteria for the leave may be requested.
If you wish to change the date of your paternity leave after giving notice, you must provide an additional written notice requesting a variation to the leave. This notice must be provided at least 28 days in advance of the new start date of the leave period.
Paternity leave following the adoption of a child
Unless not reasonably practicable, your intention to utilise a period of paternity leave must be notified to the Company within seven days of the date the matching notification is given to the child’s adopter. Where this is not reasonable practicable, the notification must be provided to the Company as soon as possible. A Company Director must be informed, in writing, of:
the date the matching notification was given to the child’s adopter
the expected date of placement
whether you intend to use one or two weeks’ leave
the date you wish the leave to begin.
Paternity pay
Dependent upon your length of service, we offer enhanced Paternity Pay over and above the statutory requirements.
Providing you have been employed by Double for over one year and have passed your probationary period, you will be entitled to receive your full rate of pay for the duration of the Paternity Leave.
If you have been employed by Double for less than one year or have not passed your probationary period, you may be entitled to receive statutory paternity pay (SPP) from the Company for the period of paternity leave. SPP is paid at a specific rate set by the government each tax year, or at 90 per cent of your average weekly during the relevant period, whichever is lower. For details of the current SPP rate, please contact a Company Director who will provide further information.
In order to meet the eligibility criteria for SPP, average weekly earnings for the relevant period must be equal to or higher than the specific lower earnings limit set by the government each tax year.
The relevant period is:
the period of eight weeks which ends immediately before the 14th week before the EWC (in birth cases) or
the period of eight weeks which ends immediately before the week where the matching notification was given to the child’s adopter (in adoption cases).
Dependent on your individual circumstances, you may be entitled to receive additional financial support. You should attend your local social security office (Department for Work and Pensions) to receive further information on this.
Contractual benefits
Whilst on paternity leave, you continue to be entitled to receive your normal terms and conditions of employment, other than wages or salary (unless expressly stated otherwise in your employment contract). You may be entitled to receive payment of statutory paternity pay for this period, as set out above.
Your contract of employment continues during paternity leave. As such, any contractual obligations continue to apply during your leave and you remain bound by these.
Returning to work
Following two weeks’ paternity leave, you have the right to come back to the same job role. The act of requesting or taking paternity leave will not cause you to suffer any disadvantage in the workplace.
If you wish to change your working hours following paternity leave, the Company will consider each request on its individual facts in line with the Company’s Flexible Working Policy. A copy of this policy is available from a Company Director. The Company Directors will fully consider your request and aim, wherever possible, to accommodate the change. The business needs will be assessed as part of this consideration and requests may be turned down where this as a business reason to do so. Requests should be submitted as far in advance as possible to allow the full consideration process to take place as early as possible.
You should discuss with a Company Director, as early as possible, where you are planning on not returning to work. Resignation should be notified to a Company Director, in writing, as set out in your employment contract. Following notification of your resignation, Company agreement is needed to withdraw this. Any payments of statutory paternity pay will not be altered by your resignation.
Shared parental leave
Following paternity leave, you may be entitled to take further periods of leave under the shared parental leave scheme. Full details on shared parental leave, including how to apply, can be requested from a Company Director.
Once a period of shared parental leave has been taken in respect of a child, paternity leave cannot be taken for the same child.
Last Updated: January 2020
Adoption leave policy
Policy statement
This policy sets out the Company’s entitlements for employees who are adopting a child within the UK, including notification requirements and rights to time off work.
If you are matched for adoption with a child, you may be entitled to either adoption leave or paternity leave. One parent cannot take both periods of leave, and it is up to you and your partner to decide who is the main adopter and so will take adoption leave. The main adopter’s partner may be entitled to pay paternity leave. You may also wish to refer to our Paternity Leave policy.
Main adopters are entitled to a total of 52 weeks’ leave. We have set out below all of your rights and obligations should you be matched for adoption. We would ask that you notify us as soon as possible of your situation so that we can ensure you are fully aware of all your entitlements and obligations.
Time off for adoption appointments
You are entitled to time off to attend adoption appointments in the period between notification of a match and the date of placement. For single adopters or the main adopter in a joint adoption, you are entitled to paid time off to attend up to five appointments, with a maximum of six and a half hours per appointment. The adopter’s partner in a joint adoption will be entitled to unpaid time off to attend up to two appointments.
Where the time is paid, you will be paid at your normal hourly rate for this time.
If the main adopter’s partner wishes to attend more than two adoption appointments, he/she should speak to his/her Company Director who will consider the request at their discretion.
Notification requirements
In order to take time off for adoption appointments, the Company may require employees to provide confirmation of the following to a Company Director;
that they would like to take either time off and state whether this will be the paid or unpaid entitlement
the date and time of the appointment
that the appointment has been arranged by or at the request of the adoption agency.
Eligibility
You are entitled to adoption leave from the commencement of employment. Adoption leave is not available in circumstances where a child is not newly matched for adoption, for example when a step-parent is adopting a partner's child/children. You must have notified the adoption agency of agreement to the placement and of agreement to the date of the placement.
Only one period of leave is available irrespective of whether more than one child is placed for adoption as part of the same arrangement. However, if an additional child is adopted at a later date as a separate agreement then you could qualify again for a separate period of adoption leave.
Ordinary and additional adoption leave
Adoption leave is divided into two categories, 'ordinary' and 'additional'. Each is for 26 weeks, with additional leave following on from ordinary adoption leave, giving 52 weeks leave in total. If you are eligible for ordinary adoption leave you will also qualify automatically for additional adoption leave.
During ordinary adoption leave you are entitled to the benefit of your normal terms and conditions of employment, except wages and salary (unless your contract of employment states otherwise). However, in the majority of cases, you will either be entitled to an enhanced adoption pay package or Statutory Adoption Pay during this period.
During additional adoption leave the employment contract continues and you are entitled to the benefit of their normal terms and conditions of employment, except wages or salary (unless your contract of employment provides otherwise). However, in the majority of cases, you will either be entitled to an enhanced adoption pay package or Statutory Adoption Pay during some of this period.
Commencement of adoption leave
You can choose to start your adoption leave on the date of the child's placement (whether this is earlier or later than was expected), or on a predetermined fixed date no earlier than 14 days before the expected date of placement and no later than the date of placement. Adoption leave can start on any day of the week.
Notification requirements
You are required to give us notice, in writing, of your intention to take adoption leave within seven days of being notified by the adoption agency that you have been matched with a child, unless this is not reasonably practicable. The notice must specify:
the date the child is expected to be placed with you; and
the date you want the adoption leave to start.
You should provide the "matching certificate" from the adoption agency. The certificate will include basic information on matching and expected placement dates.
You are able to change your mind about the date on which you want your adoption leave to start providing you inform us at least 28 days in advance, unless this is not reasonably practicable.
We will write to you to notify you of the date on which you are expected to return to work if the full entitlement to adoption leave is taken, within 28 days of the date on which you notified us of your intention to take leave, or, if you have varied the date originally chosen to start adoption leave, within 28 days of the date on which adoption leave began.
Returning to work
If you are returning to work at the end of additional adoption leave, you should simply present yourself for work at the end of that period.
If you intend to return to work before the end of your additional adoption leave, you must give us at least eight weeks’ notice of the date on which you intend to return. If you do not give us eight weeks’ notice, we may postpone your return to a date ensuring that there has been eight weeks’ notice.
Shortly before your return to work, we will be in touch with you to arrange an informal meeting with a Company Director. The aim of this meeting is to discuss your return and to ensure it is as smooth a transition back to work as possible.
You have the right to return:
with your seniority, pension rights and similar rights
on terms and conditions no less favourable than those which would have applied if you had not been absent.
You will not be subject to any detriment by the company because you took or sought to take adoption leave.
Keeping In Touch days
You can work for up to 10 days during your adoption leave period without losing statutory payments for that week, or ending your entitlement to leave.
For this purpose, any work carried out on any day, even just an hour's work, is deemed to constitute "a day's work". Any days' work done under this provision will not have the effect of extending the total duration of the adoption leave period.
You will be paid at your normal rate of pay for a KIT day.
Adoption pay
Dependent upon your length of service, we offer enhanced Adoption Pay, for the main adopter, over and above the statutory requirements.
Providing you have been employed by Double for over one year and have passed your probationary period, you will be entitled to receive the following remuneration:
90% of your average weekly earnings for 6 weeks
50% of your average weekly earnings for the following 12 weeks
Statutory Maternity Pay for the remaining 21 weeks of statutory maternity leave
If you have been employed by Double for less than one year or have not passed your probationary period, you may be entitled to statutory adoption pay (SAP). If you qualify for SAP this will be paid for the first six weeks at 90% of your normal weekly earnings in the eight week period up to the date of notification of a match, with the remainder paid at the earnings related limit or the statutory rate, whichever is lower. SAP will be paid in the same way as your wages would be paid if you were not on leave. If you do not qualify for such a payment, you may, dependent upon your circumstances, be eligible to receive allowances from the appropriate government departments.
If you are the partner of a main adopter, you may be entitled to Paternity Pay. Please see the paternity pay section for further details on this.
Shared parental leave and pay
You may be entitled to opt in to shared parental leave, sharing up to 50 weeks of leave and up to 37 weeks of pay (subject to availability). If you think you would like to take shared parental leave instead of adoption leave, please speak to a Company Director for more information.
Surrogacy and adoption rights
If you are an intended parent in a surrogacy arrangement who intends to apply for, or has already applied for, a Parental Order you may be entitled to either adoption leave and pay or paternity leave and pay. One parent cannot claim entitlement to both periods of leave and pay, and it is up to you to decide which you wish to claim (subject to eligibility).
You will be entitled to take unpaid time off to accompany the surrogate mother to up to two antenatal appointments, of up to six and a half hours per appointment.
You are entitled to adoption leave from the start date of your employment. This will be for a total of 52 weeks, split in to two periods of “ordinary” and “additional” adoption leave of 26 weeks each.
You are required to give us notice, in writing, of your entitlement to take adoption leave by the 15th week before the expected week of birth. You must also notify us of the actual date of birth as soon as is reasonably practicable after birth.
You should provide documentary evidence - a statutory declaration. This document will state that you have obtained, applied for or intend to apply for a Parental Order in respect of the surrogate child and, where not received, this is expected to be made.
If you have begun a period of adoption leave in respect of a child before approval of a Parental Order, and you are subsequently notified that the application is refused, your adoption leave period will end eight weeks after the week of that notification or the end of the adoption leave period, if that is earlier.
Dependent upon your length of service, you may either be entitled to enhanced Adoption Pay or Statutory Adoption Pay (SAP). If you qualify for SAP this will be paid for the first six weeks at 90% of your normal weekly earnings in the eight week period leading up to the end of the 15th week before the baby is due to be born, with the remainder paid at the earnings related limit or the statutory rate, whichever is lower. SAP will be paid in the same way as your wages would be paid if you were not on leave. If you do not qualify for such a payment, you may, dependent upon your circumstances, be eligible to receive allowances from the appropriate government departments.
A Company Director will be able to offer more information on this.
Dual approved prospective adopters and adoption leave
If you are a dual approved prospective adopter, a local authority foster parent who has a child placed with you with an expectation to adopt that child in accordance with section 22C of the Children Act 1989, you may be entitled to either adoption leave and pay or paternity leave and pay. One parent cannot claim entitlement to both periods of leave and pay, and it is up to you to decide which you wish to claim (subject to eligibility).
You are entitled to adoption leave from the start date of your employment. This will be for a total of 52 weeks, split in to two periods of “ordinary” and “additional” adoption leave of 26 weeks each.
Only one period of leave is available irrespective of whether you go on to adopt the same child or children placed with you under section 22C. However, if an additional child is placed with you under section 22C at a later date as a separate agreement then you could qualify again for a separate period of adoption leave.
You can choose to start your adoption leave on the date of the child's placement (whether this is earlier or later than was expected), or on a predetermined fixed date up to two weeks before the placement of the child and no later than the date of placement. Adoption leave can start on any day of the week.
You are required to give us notice, in writing, of your intention to take adoption leave within seven days of being notified of the child’s placement by the local authority in accordance with section 22C, unless this is not reasonably practicable. The notice must specify:
the date the child is expected to be placed with you; and
the date you want the adoption leave to start.
If you have begun a period of adoption leave in respect of a child placed with you under section 22C, and this placement does not proceed to a formal adoption, your adoption leave period will end eight weeks after the child is removed or the end of the adoption leave period, if that is earlier.
Dependent upon your length of service, you may be entitled to either enhanced Adoption Pay or Statutory Adoption Pay (SAP). If you qualify for SAP this will be paid for the first six weeks at 90% of your normal weekly earnings in the eight week period leading up to the date of notification, with the remainder paid at the earnings related limit or the statutory rate, whichever is lower. SAP will be paid in the same way as your wages would be paid if you were not on leave. If you do not qualify for such a payment, you may, dependent upon your circumstances, be eligible to receive allowances from the appropriate government departments.
Please discuss any questions you may have with a Company Director.
Last Updated: January 2020
Parental leave policy
This policy sets out the Company’s parental leave guidelines to its employees who are both natural parents and adoptive parents. Parental leave is available to eligible employees who wish to take time off work to spend with their child, for example, to accompany the child during a planned stay in hospital, or to go on holiday with the child. Statutory parental leave is unpaid leave.
Entitlement
You must meet certain eligibility criteria in order to take statutory parental leave, as follows:
you must have at least one year’s continuous employment with the Company counted from the date that parental leave would start
you have or expect to have parental responsibility for the child
your child is under 18 years of age
you take the leave before your child’s 18th birthday
you provide the Company with evidence of eligibility when requested.
The following evidence may be requested from you in order to assess your eligibility for parental leave:
that you have or expect to have parental responsibility for the child in relation to whom leave will be taken
the child’s date of birth (in respect of natural parents)
the date of adoption placement (in respect of adoptive parents)
the child’s entitlement to disability living allowance (if appropriate) to permit you to take leave in in blocks of one day rather than one week.
Length of leave
Eligible employees will be entitled to take a total of 18 weeks’ leave in relation to each child until the child is 18 years old. No more than four weeks can be taken in relation to each child in one year.
A year is defined as a period of 12 months beginning on the date on which the employee first, or more recently, became entitled to take parental leave in respect of the child in question and each successive period of 12 months beginning on the anniversary of that date.
Leave is to be taken in blocks of whole weeks unless the child in relation to whom leave is taken is disabled in which case leave can be taken as individual days.
Save for in relation to a disabled child in which case leave may be taken in blocks of one day, part of a week counts as a week so that if a full time employee takes three days’ parental leave and then returns to work, one week is deducted from the 18 weeks.
Procedure
You must give a minimum notice period of 21 days before the leave is due to start and you must give notice of the exact day on which you wish leave to start and end. In the case of fathers who want to take parental leave straight after a baby is born or prospective adoptive parents who want to take parental leave straight after a child is placed with them for adoption, 21 days’ notice of the expected week of childbirth or the expected week of adoption must be given.
When the Company receives notice of intention to take parental leave, we may ask for evidence of eligibility as set out above.
The Company reserves the right to postpone a period of parental leave if we believe the operation of the business will be unduly disrupted by the employee’s absence. Leave will not be postponed where it is to be taken on the birth of a child or on the placement of a child for adoption. Where leave is to be postponed, we will discuss the reasons for the postponement with you and confirm in writing the newly agreed dates of leave. Leave will not be postponed for a period longer than six months from the start date of the leave originally requested.
Before taking parental leave
Shortly after we have received a notification from you that you wish to take parental leave, a meeting will be arranged between you and a Company Director. The purpose of this meeting is to discuss:
your entitlement to parental leave
the requirements to give appropriate notice
arrangements to cover your duties in your absence
your right to return to work
opportunities for flexible working
the nature of any appropriate contact during parental leave
the fact that parental leave is unpaid
During parental leave
Your normal terms and conditions will apply during parental leave except for in relation to pay. Specifically:
your implied obligation of good faith
notice periods for termination of employment
disclosure of confidential information
acceptance of gifts
whether you are participating in any other business
disciplinary and grievance procedures
redundancy pay
We will make arrangements for your duties to be covered for the duration of your leave. We would like to be able to keep you up to date with any developments at work that may affect you or any social events that occur.
Returning to work
Employees returning after an isolated period of parental leave lasting four weeks or less, or after a period of parental leave lasting four weeks or less which consecutively followed another period of statutory leave which did not include any period of additional maternity leave, or additional adoption leave, are entitled to return to the job in which he/she was employed before the absence.
Employees returning to work after a period of parental leave lasting more than four weeks, or after a period of parental leave lasting four weeks or less, which did consecutively follow a period of additional maternity leave or additional adoption leave, are entitled to return from leave to the job in which he/she was employed before the absence or, if that is not reasonably practicable, to another job which is both suitable and appropriate for him/her in the circumstances.
Return to the same job will mean that seniority, pension rights and similar rights are not affected. Terms and conditions will not less favourable than those which would have been applied if you had not been absent.
Last Updated: January 2020
Shared parental leave policy
This policy sets out the Company’s guidelines on employee entitlement to take shared parental leave, an explanation of the available entitlements and the procedures employees should follow in order to take leave. Shared parental leave may be taken in the case of both births and adoptions. This policy uses the word ‘parent’ to describe employees in both birth and adoption circumstances.
Any employee wishing to take shared parental leave should inform a Company Director at the earliest possible opportunity so that their entitlement can be explained to them. Due to the flexibility of the shared parental leave system, it is essential that employees understand the procedural requirements involved in taking such leave.
The essential features of shared parental leave (SPL) are:
eligible employees will be able to bring maternity leave to an early end and share the remaining leave entitlement
eligible employees will have a certain amount of flexibility to decide which parent takes leave and when, including being on leave at the same time
the maximum amount of leave to be shared is 50 weeks
leave may be taken in minimum blocks of one week
eligible employees may make up to three requests for leave, including any changes to previously booked leave
a request for a continuous period of leave becomes fixed
a request for discontinuous leave is subject to agreement with the Company.
Eligibility requirements
In order to take SPL, both the employee and their partner must meet certain eligibility criteria. You must:
be the mother, father, or main adopter of the child, or the partner of the mother or main adopter
have 26 weeks’ service at the end of the 15th week before the expected week of childbirth (EWC)
have a partner who meets the employment and earnings test (see below)
share the primary responsibility for the child with the other parent at the time of the birth
have made the required notifications in respect of their entitlement and have provided the necessary declarations and evidence
be working for the Company until the week before any leave is taken.
Employment and earnings test
Your partner must have, in the 66 weeks before the EWC, worked for at least 26 weeks and earned on average at least £30 a week in any 13 weeks.
Amount and timing of SPL
Parents cannot take more than 52 weeks of leave in total made up of maternity or adoption leave and shared parental leave, but excluding paternity leave which is a standalone entitlement.
If the mother is entitled to statutory maternity/adoption pay/maternity allowance but not maternity/adoption leave, the maximum number of weeks of shared parental leave to be taken is the remainder of 52 weeks’ minus the number of weeks’ pay received.
Mothers are not able to share compulsory maternity leave entitlement of two weeks (or four weeks if the mother works in a factory environment). This is a statutory requirement enabling the employee to recover from the birth and is to be taken exclusively by her. Correspondingly, adopters may share a maximum of 50 weeks’ leave.
Shared parental leave can only be taken in minimum blocks of one week; it is not possible to take a day’s shared parental leave. The minimum amount that can be taken is one week.
Entitlement to Shared Parental Pay
Shared Parental Pay (ShPP) can be paid to both parents for a maximum of 39 weeks in total. This includes any weeks in which statutory maternity or adoption pay was received, and the timing of pay will be decided between the parents.
To be eligible to receive ShPP, you must:
have been continuously employed for at least 26 weeks up to and including the “qualifying week” (the 15th week prior to the expected week of childbirth or placement for adoption)
have average earnings not less than the lower earnings limit calculated over the eight weeks prior to the qualifying week
comply with the notification requirements.
All ShPP is paid at the lower of the standard rate or 90 per cent of the employee’s normal weekly earnings.
Notification requirements
Notice of entitlement and intention to take leave and pay
At least eight weeks before any leave is to be taken, the employee must provide the following information to a Company Director:
name of employee
name of partner
the start and end dates of maternity/adoption leave (or pay if employee was not entitled to leave)
the total amount of shared parental leave available
the expected week of childbirth/placement (or the actual date of birth/placement if this has taken place)
a non-binding indication of how the employee and their partner think they will split and take shared parental leave.
If you are the mother, you must also provide a signed declaration confirming that you meet the eligibility requirements for taking leave and produce a signed declaration from the other parent confirming:
his/her name and address
that he/she meets the eligibility requirements
that he/she consents to the employee taking the amount of leave it has been notified they intend to take
that he/she permits the Company to process his/her information and
that immediate notification will be made if any of the eligibility requirements cease to be met.
Curtailment notice
Maternity/adoption leave must be curtailed (ended early) if shared parental leave is to be taken. The mother/main adopter must inform the Company that maternity/adoption leave will be brought to an end by providing a curtailment notice at the same time as the notice of entitlement is provided. The curtailment notice will give eight weeks’ notice of leave (or pay in the event that the employee is not entitled to leave) being brought to an early end.
A notice of curtailment can only be revoked in the following specific circumstances:
where it is discovered in the eight weeks following the notice that neither the mother/adopter nor their partner has any entitlement to shared parental leave or pay
in the event of the death of the partner
if the notice was given before the birth, and the mother revokes her maternity leave curtailment notice in the six weeks following the birth.
Notice of curtailment must be provided to Jobcentre Plus if the mother is not entitled to maternity pay but instead received maternity allowance.
Notice to take a specific period of SPL and ShPP
Although an indication of leave dates will have been given in previous notices, a period of leave is not fixed (unless stated to the contrary) until a period of leave notice is submitted. A maximum of three period of leave notices are permitted, which will include any notices to amend a period of leave already booked. A period of leave notice gives eight weeks’ notice to the Company that you intend to take leave on the specified dates. The date that leave will start should be given unless the period of leave notice is given before the birth of a child, in which case the start date may be expressed as, for example, ‘two weeks’ after the birth, to last for ‘four weeks’.
You should also indicate in this notice whether you intend to allocate ShPP to the period of leave.
There may be circumstances where the Company permits more than three period of leave notices to be submitted, for example, where the Company asks you to change a period of leave already booked.
It is important that all of the relevant information is provided according to the set timelines. If it is not, the Company cannot guarantee that the leave will be granted.
Confirmation of SPL and ShPP
If you request one continuous block of leave in a period of leave notice, you are entitled to take this period of leave and we will confirm the dates to you in writing.
However, if you request more than one period of leave ie discontinuous blocks of leave in one period of leave notice, the Company will make a decision on whether this can be accommodated. A Company Director will arrange a meeting with you at which the request will be discuss with you. The outcome of the request will be one of the following:
agreement to the request
proposal of alternative leave dates or
refusal of the request.
If no agreement can be reached within two weeks of the period of leave notice being submitted, the default provisions will apply which means you are able to withdraw the request any time up to the 15th day after it was made.
If the request is not withdrawn, you can take the leave in one continuous block to start on the first date of leave specified in the notice. Alternatively, the leave can be taken in one block on a new date notified by you within 19 days of the original request.
Varying a period of leave
Once a period of leave notice has been submitted, you may change the dates on which leave is to be taken by submitting a request to vary a period of leave giving eight weeks’ notice. These notice provisions are waived in the event of an early birth and your leave will start the same length of time after the birth as it would have started had the baby not come early. In this case, notice should be given as soon as reasonably practicable. In all other cases, the following applies:
in this case notice to vary the start date should be given as soon as reasonably practicable after the birth of the child
in order to change the start date of leave, you must give eight weeks’ notice counted back from the earlier of either the original date or the new date
to change the duration of a period of leave, you must give eight weeks’ notice of the original start date
You may also request that a continuous period of leave is separated into a discontinuous period, or that a discontinuous period is consolidated into a continuous period.
Submitting a variation notice will count towards your maximum three notices unless it is made as a result of the child being born earlier or later than the expected week of childbirth.
If you are submitting a variation notice subsequent to a request to do so by the Company, it will not count as one of the maximum three notices.
Evidence requirements
In order for us to verify the information you have provided, you may be required to produce:
a copy of the child’s birth certificate
and the name and address of the other parent’s employer
If the other parent is not employed, a declaration must be signed to this effect.
Within 14 days of our receipt of your notice of entitlement in relation to an adoption, you may be required to produce documents from the adoption agency which show the following:
the adoption agency’s name and address
the date you were notified of being matched with the child
the expected date of placement.
Where requested, the information above must be provided within 14 days. Where you are unable to provide a birth certificate because it has not yet been issued, you will be required to sign a declaration to that effect which also includes the date and location of the child’s birth.
‘SPLIT’ days
During shared parental leave, you may work for up to 20 shared parental leave ‘in touch’ days (SPLIT days) without statutory payments being affected. We recognise the benefit of SPLIT days and encourage you to use them, however, they are optional: you are not obliged to use them and we are not obliged to permit them.
You will be paid at normal rate for work on a SPLIT day. Any work done on one day will count as one SPLIT day.
Your entitlement to 20 SPLIT days is not affected by your entitlement to 10 KIT days during maternity or adoption leave.
Terms and conditions during SPL
You will continue to receive all contractual benefits (with the exception of salary) during shared parental leave. For clarity, your holiday entitlement will continue to accrue during SPL in the same way as if you were not absent. Prior to taking your leave, a discussion will take place between you and a Company Director regarding arrangements on taking annual leave around your shared parental leave.
Returning from SPL
Employees who wish to amend the date on which they are to return to work after shared parental leave must give eight weeks’ notice of the original end date and the new end date, whichever is earlier.
After SPL, provided the total amount of leave taken by you (including maternity leave) does not exceed 26 weeks, you are entitled to return to the same job on the same terms and conditions of employment as if they had not been absent.
When you are considering your return to work, for reasons related to childcare, you may request a change to your previous working arrangements. Any such request will be considered in line with the operational requirements of the Company and there is no automatic right to return to work on altered conditions.
Last Updated: January 2020
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