PEOPLE & ORGANISATIONAL DEVELOPMENT Human Resources · 1.1 The aim of this policy is to set out the entitlements of employees of the Scottish Fire and Rescue Service (SFRS) in respect

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NOT PROTECTIVELY MARKED

HROD/Maternity, Paternity & Adoption Policy Page 1 of 40 Version 1.0 (Date 22/03/2016)

PEOPLE & ORGANISATIONAL DEVELOPMENT Human Resources Maternity, Paternity, Adoption and Parental Leave Policy

Author/Role Elinor Walton, HR Advisor

Date of Risk Assessment (if applicable) March 2016

Date of Equality Impact Assessment March 2016

Date of Impact Assessment (commenced) March 2016

Date of Impact Assessment (concluded) TBC

Quality Control (name) Fiona McOmish, POD Manager

Authorised (name and date) Diane Vincent, Date tbc

Date for Review March 2018

Agenda Item 9 (b) (ii)

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HR/OD - Maternity, Paternity & Adoption Policy Page 2 of 40 Version 1.0: (Date 11/03/2016)

CONTENTS

1.

POLICY STATEMENT

2. SCOPE

3. OBJECTIVES

4. MATERNITY LEAVE PROVISIONS AND ENTITLEMENTS

5. ADOPTION LEAVE PROVISIONS AND ENTITLEMENTS

6. PATERNITY LEAVE PROVISIONS AND ENTITLEMENTS

7. SHARED PARENTAL LEAVE

8. PARENTAL LEAVE PROVISIONS AND ENTITLEMENTS

9. FLEXIBLE WORKING

10. MATERNITY WEAR

11. CHILDCARE VOUCHER SCHEME

12. SUPPORT AND ADVICE

13. ASSOCIATED DOCUMENTS

14. CONSULTATION

APPENDIX 1 – Notification of Maternity Leave (Form)

APPENDIX 2 – New and Expectant Mothers Risk Assessment Guidance

APPENDIX 3 – Notification of Adoption Leave (Form)

APPENDIX 4 – Paternity Leave (Form)

APPENDIX 5 – Parental Leave (Form)

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1. POLICY STATEMENT

1.1 The aim of this policy is to set out the entitlements of employees of the Scottish Fire

and Rescue Service (SFRS) in respect of maternity, adoption, paternity and parental

leave and to ensure that employees and line managers are aware of their duties and

responsibilities in complying with the relevant legislation or the terms and conditions set

down within this document.

2. SCOPE

2.1 This policy applies to all employees of SFRS and replaces any other legacy policy or

procedure in its entirety.

2.2 The policy will only apply to leave which is classed as maternity, adoption, paternity and

parental leave. All other forms of leave such as special leave or annual leave are

referred to within separate SFRS procedures. Details on Shared Parental Leave can

be found on the intranet – SFRS Shared Parental Leave policy.

2.3 All employees who are either pregnant or on maternity, paternity or adoption leave, are

entitled to equality of opportunity, and working environments that are free from

discrimination. For example, employees will be eligible to apply and be considered for

vacancies and/or promotions in the normal way whilst on leave (or for pregnant

employees – during their pregnancy). Managers should ensure that all decisions taken

in relation to either the recruitment and/or promotion process are done on the basis of

merit, are fair and can be objectively justified in accordance with the Equality Act. For

further advice, managers and employees should contact their local HR representative.

3. OBJECTIVES

3.1 The objectives of this policy are as follows: -

· To provide a clear policy direction for those employees wishing to apply for

maternity, adoption, paternity and parental leave;

· To ensure that all employees and managers know what is expected of them in

relation to this policy and that employees are supported and treated fairly and

reasonably;

· To be clear on the service’s responsibility and duty of care to expectant mothers

during and following their pregnancy.

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4. MATERNITY LEAVE PROVISIONS AND ENTITLEMENTS

4.1 For Health and Safety reasons, it is compulsory by law that all women must take a

period of 2 weeks’ maternity leave immediately following childbirth.

4.2 All pregnant employees regardless of length of service are entitled to a minimum of 26

weeks ordinary maternity leave (OML) and 26 weeks’ additional maternity leave (AML)

providing one year’s maternity leave in total.

4.3 Maternity Leave can commence from 11 weeks before the EWC (Expected Week of

Confinement) unless childbirth takes place before this. Where this occurs, maternity

leave will commence the day following childbirth. If this happens the employee must

notify the SFRS in writing of the date of birth as soon as reasonably practicable.

4.4 Maternity leave will commence automatically if the employee is absent from work due to

a pregnancy related illness during the 4 weeks prior to the EWC.

4.5 Employees will not suffer a detriment to their Conditions of Service as a result of

pregnancy, including the notification of internal vacancies and / or promotions. All other

non-pay related conditions of service will continue as per normal.

4.6 Unless stated otherwise, (excluding RDS employees) a week’s pay means the amount

payable to the employee under the current contract of employment for working her

normal hours in a week.

4.7 Pay Entitlements

SCHEME A

Employees with less than 26 weeks’ continuous service by the end of the 15th week

before the EWC are not entitled to statutory maternity pay (SMP) or occupational

maternity pay (OMP). These employees may be entitled to receive Maternity Allowance

(MA) payable by the Department of Work and Pensions.

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SCHEME B

Employees with a minimum of 26 weeks continuous, recognised service by the end of

15th week before the EWC are entitled to 39 weeks paid maternity leave comprised of

the following elements: -

Scheme B Maternity Pay

Weeks 1 - 18

Full pay

Weeks 19 – 39 Statutory Maternity Pay

Weeks 40 – 52 Unpaid

Note re: Statutory Maternity Pay (and Statutory Adoption Pay)

If an employee is eligible to qualify for Statutory Maternity/Adoption pay, then this will be

paid at two different rates. During the first six weeks of an employee’s

maternity/adoption leave, the employee will receive 90% of their average weekly

earnings. This will be increased, for those eligible for Scheme B, to full pay by the

SFRS during this period. The qualifying week is 15 weeks prior to their Expected Week

of Confinement/date of matching for adoption, and the 8-week period prior to the

qualifying week will determine what the average weekly earnings are. For the rest of the

maternity/adoption leave, eligible employees will receive the current rate of SMP/SAP

or 90% of their pay if that is less than the rate of SMP.

4.8 Retained Duty System (RDS) and Volunteer Employees

RDS Employees

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When an RDS employee is restricted to appropriate non-operational duties because of

pregnancy she shall receive her average weekly pay until her maternity leave

commences. “Average weekly pay” is calculated over the previous 12 weeks excluding

any week in which they have been on sick leave or received no pay. Where there has

been an increase in the rates of fees or payments during that 12-week reference period,

the new rate shall be used to make the calculation as if it applied throughout the

reference period.

Volunteer Employees

When a volunteer fire-fighter is restricted to appropriate non-operational duties because

of pregnancy she shall receive her normal weekly pay until her maternity leave

commences. Normal weekly pay is calculated over the previous 12 weeks.

4.9 Notification of Maternity Leave

Employees should normally inform their line manager as soon as possible after she

becomes aware of the pregnancy but no later than the end of the 15th week before the

EWC. If an employee does not for any reason, feel comfortable in notifying their line

manager of their pregnancy then they should notify a POD Manager (Human

Resources) as soon as possible. She should also advise as to when her baby is due

and if possible, indicate when she would like to commence her maternity leave using

form MAT1 – appendix 1.

Any changes to the date that the maternity leave will start must be submitted in writing

at least 28 days before the maternity leave is due to begin or as soon as practicably

known.

Firefighters who become pregnant must inform their line manager (or POD Manager -

Human Resources) as soon as they know or suspect that they are pregnant in order

that they may be removed from full operational duties. At this point, a risk assessment

will be initiated by their Line Manager. Once the line manager knows the employee is

pregnant, they must carry out a risk assessment and arrange a meeting immediately

with their employee (whose trade union representative may accompany them if they so

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wish) to discuss and make plans together about a variety of issues including: -

· Managing Health and Safety;

· Working arrangements and hours;

· Ante-natal classes;

· Uniform/maternity wear;

· Maternity leave and pay entitlements;

· Annual leave entitlements;

As the pregnancy develops, employees should inform their line manager of any

advice/recommendations suggested by their GP or midwife (or any other medical

practitioner) in relation to their work.

Form MAT B1 is issued by the employee’s doctor or midwife after the 21st week of

pregnancy. This form must be submitted to the employee’s line manager no later than

15 weeks prior to the expected date of childbirth and forwarded on to the POD Admin

Team for processing.

On receipt of the date maternity leave is due to start, the service will, within twenty-eight

days, inform the employee of the date on which the leave will end. This will normally be

52 weeks from the intended start of her maternity leave.

4.10 Exclusion from Entitlement to SMP

An employee will be excluded from SMP and there will be no entitlement to SMP if, at

the commencement of maternity pay period (MPP), she: -

· Is not employed for all or part of the qualifying week;

· Has not been continuously employed for 26 weeks up to and including all or part of the

qualifying week;

· Has average weekly earnings less than the lower earnings limit for National Insurance

contribution liability

· Has not notified the service of the date on which she will cease work

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· Has not provided the service with a maternity certificate (Form Mat B1) in accordance

within the relevant timescales e.g. end of the 15th week before the EWC or 21 days

before maternity leave begins, whichever is sooner (or as soon as is reasonably

practicable).

· If at any time in the first week of the maternity pay period, is in legal custody.

4.11 Miscarriage, Abortion, Premature Birth, Death or Still Birth of a Child

Where a miscarriage or abortion occurs before twenty-four weeks the employee can be

granted sick leave. In accordance with the SFRS Managing Attendance policy, if an

employee’s sickness absence is due to a pregnancy related illness, the absence should

not be included in the absence criteria outline within the policy. Advice should be

obtained from a HR Advisor in such circumstances.

Where a baby is born prematurely and maternity leave has not commenced, maternity

leave and

maternity pay (where payable) will commence on the day immediately after the birth of

the baby.

Where in the tragic circumstances, a baby dies or is still born after twenty-four week’s

pregnancy the maternity provisions will continue as if the baby had lived.

The support services of both the Health and Wellbeing Department and the Employee

Counselling Service will be made readily available to any employee in such

circumstances. Support organisations have also been detailed at the back of this

policy.

4.12 Trainees

Trainee Fire-fighters who become pregnant during their initial 12-week training at the

Fire Service College, may be removed from the course, placed on non-operational

alternative duties if available and be re-coursed at a future date. The employee will be

consulted at all times and given as much support as possible throughout this process.

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Trainee fire-fighters who become pregnant during their 3-year development phase will

also be removed from operational duties and placed on alternative duties if available.

On return from maternity leave, a skills assessment will be undertaken by the Watch

Manager in conjunction with the area training staff to establish a development plan

highlighting the elements of the employee’s development training which the employee

may be required to repeat and the outstanding parts which remain to be assessed.

Again, the employee will be consulted at all times and given as much support as

possible throughout this process. Due consideration will also be given to the amount of

training that the employee undertook prior to going on maternity leave and the duration

of their maternity leave period.

Operational training courses can prove physically demanding and may pose specific

risks to pregnant employees. Pregnant employees will therefore be placed on

alternative duties and reallocated a place on a subsequent course, subject to a

satisfactory health check with the Health and Wellbeing department.

4.13 Alternate Duties for Operational Employees

The specific risks and hazards associated with full operational duties indicate that they

are unsuitable for pregnant fire-fighters. Any changes to the duty system workplace

and or watch worked by the employee will be carried out through full consultation with

the employee and her trade union representative.

Pregnant Firefighters may be removed from the shift system and placed on day duty if

the risk assessment identifies any risks or issues which may negatively impact on the

employee’s pregnancy or their ability to undertake their role effectively. In addition,

management will need to consider whether there is meaningful work and sufficient

volume of work to support retaining a pregnant Firefighter within a station.

The Line Manager is responsible for ensuring that a risk assessment is undertaken and

discussing the outcome of the risk assessment with the employee and any required

changes to their normal duties and /or working pattern. The employee will have the

option to be accompanied by trade union representative at this meeting(s), if they so

wish.

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Pregnant retained / volunteer fire-fighters will be posted to non-operational duties on

attendance at training periods. During this time, their duties must be limited to those

deemed appropriate following an individual risk assessment.

4.14 Risk assessment & Health and Safety Provisions

Pregnant women and new mothers have a statutory entitlement not to be exposed to

risks that could harm either themselves or their unborn child. An employer has a duty

to carry out a specific risk assessment as soon as an employee has notified their line

manager in writing that she is pregnant, has given birth within the previous 6 months or

is breastfeeding. Risk assessments for all pregnant women should be conducted by

the employee’s line manager in consultation with a Health and Safety representative

from the Health and Wellbeing Department. This should be carried out within 7 days of

notification from the employee of their pregnancy. In line with Health and Safety

legislation, a risk assessment form (Appendix 2) must be completed.

The risk assessment must be an individual continuous risk assessment as the risks

change through each trimester and for each individual. This can be addressed by

continually carrying out risk assessments through the pregnancy or on the basis of new

information received from the employee and/or their G.P. / O.H. Physician.

4.15 Sickness

If an employee’s sickness absence is due to a pregnancy related illness, the absence

should not be included in the absence criteria outlined within the SFRS Managing

Attendance policy and will not be included in an employee’s total sickness absence for

disciplinary or redundancy purposes. If an employee is absent from work during

pregnancy owing to sickness she will receive normal statutory or contractual sick pay in

the same manner as she would during any other sickness absence provided that she

has not yet begun ordinary maternity leave.

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If the employee is absent from work due to a pregnancy related illness after the

beginning of the fourth week before her EWC her maternity leave will start

automatically.

An employee who is unable to return to work on the expected date (i.e. after ordinary or

additional maternity leave) due to sickness will be regarded as having returned to work

and will be recorded as being on sickness leave as opposed to maternity leave.

4.16 Leave entitlement

Conditions of Service such as annual leave and public holiday entitlement and salary

increments will continue to accrue during the maternity period. Maternity leave does

not break continuity of employment. Therefore, employees will continue to accrue both

statutory and any additional contractual holiday entitlement during both the 26-week

ordinary maternity leave period and the 26-week additional maternity leave period and

also any public holidays which occurred during the maternity leave period.

An employee who has indicated an intention to take maternity leave will be advised

before she starts her ordinary maternity leave whether she has any outstanding holiday

entitlement and options for taking her leave. Holiday entitlement will be taken out with

the period of maternity leave. Where the employee is unable to take leave prior to the

maternity leave commencing for any reason, she is entitled to carry over any leave not

taken and take it following the maternity leave. However, where the outstanding leave

cannot be taken within the same leave year, the SFRS shall allow the employee to

carry forward their leave into the next holiday year. This leave should be taken up to

eighteen months from the end of the leave year in which it is accrued.

4.17 Keeping in Touch Days

An employee on maternity leave is permitted up to 10 days at work with normal pay as

‘Keeping in Touch Days’, without bringing the maternity leave or additional leave period

to an end. Employees will receive their normal hourly pay for any hours worked in

addition to their SMP for that week. The KIT days do not have to be consecutive and

can be used for training and any other activity which enables the employee to remain in

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touch with their team. Any amount of work done on a KIT day counts as one KIT day.

KIT days can only be taken following agreement between the employee and the line

manger to both the activity and the timing. Following completion of a KIT day, the line

manager will notify the SFRS POD Admin Team of the details of this in order for the

appropriate administrative arrangements to be made.

An employee cannot carry out any work during the first two weeks following the birth of

the child which is the compulsory maternity leave period. Mileage and subsistence will

be paid in accordance with the SFRS Travel and Subsistence policy if KIT days take

place away from the employee’s usual workplace.

4.18 Returning to Work

Following ordinary maternity leave the employee is entitled to return to the same job as

she occupied before commencing maternity leave on the same terms and conditions of

employment as if she had not been absent.

On resuming work after additional maternity leave, she is entitled to return to either the

same job or, if this is not reasonably practicable, to another job which is both suitable

for her and appropriate for her to do in the circumstances and is on terms and

conditions that are not less favourable than would apply had she not been absent.

Employees returning to work at the end of their ordinary maternity and additional

maternity leave do not need to provide notice to their manager of their intention to

return beyond indicating their intended date of return prior to commencing maternity

leave but it is helpful for the purposes of planning if an employee does provide their

manager with advance and adequate notice.

Employees wishing to return on a phased basis may be allowed to do so for a period of

time subject to agreement from their line manager. Employees will be expected to

utilise outstanding annual leave accrued during the maternity leave period for this

purpose.

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Any employee who on the advice of the Occupational Health Physician and/or their G.P

is advised to return to work after a period of maternity leave on a phased basis, and

where this is directly attributable to a pre and/or post pregnancy related condition, will

be able to apply for a period of special leave for the days they are not at work and will

not be required to utilise annual leave or sick leave for this purpose.

Employees wishing to return to work early from maternity leave should normally provide

8 weeks’ notice (or not less than 28 days) to their Line Manager of their intention to

return. Failure to provide adequate notice may result in their return being delayed by 8

weeks (but not past the 52-week period).

Employees who are returning to work before the end of their maternity leave period will

return to their normal salary and not be paid any further element of maternity pay.

Prior to returning to work, all operational employees must attend a health assessment

with the Health and Wellbeing Department before returning to operational fire fighting

duties to assess the suitability to return to operational fire fighting duties and whether

for medical reasons, a fitness assessment is necessary before returning to such duties.

On the day of return, the employee will be expected to meet with their line manager

(and their trade union representative if they so wish) to discuss their return to work plan

and practical issues such as outstanding annual leave, issue of new uniform/work attire,

breastfeeding facilities etc. If the employee does indicate that they intend to breastfeed

then a risk assessment must be carried out.

Employees are responsible for monitoring their own fitness levels and for utilising the

services of the Health and Wellbeing Practitioners (Fitness) which includes a range of

advice and support prior to/during and after the maternity/adoption leave period.

4.19 Breast Feeding Mothers

Breast feeding mothers returning from maternity leave are entitled to request flexible

working conditions which will be considered favourably during the period they are

breast feeding, request facilities for rest and to store expressed milk and be protected

from harmful substances while at work. Employees should inform their line manager

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prior to their return to work whether they require facilities for breast feeding to allow for

local arrangements to be made. Employees should advise the service of any

recommendations that their G.P. has made in relation to their health and wellbeing

during pregnancy or the period following the birth of their baby.

Operational staff are not able to return to full operational duties whilst breastfeeding as

they may encounter toxic atmospheres which will affect the breast milk and therefore

the health and welfare of the child.

4.20 Pension Arrangements

Employees on paid maternity leave will continue to contribute to their appropriate

pension scheme. Similarly, the Service will continue to make employer’s contributions

to the pension scheme. Employees have the opportunity to repay any pension

contributions not made during any period of unpaid maternity leave. This would be for

the employee contributions only whilst the employer will pay the employer contributions

based on the last pay the employee has received from the service during their paid

maternity period. They may elect to do this up to 30 days after they return from

maternity leave. Employees wishing to do this should contact their line manager in the

first instance or contact their Payroll section for further advice.

4.21 Resigning from SFRS

An employee who resigns from their post during their period of maternity leave is

required to provide notice of their resignation in accordance with their terms and

conditions of employment. The notice period can run through the maternity leave

period.

An employee who resigns or fails to return to work for a period of 3 months at the end of

the maternity leave period and has been in receipt of occupational maternity pay will be

required to repay 12 weeks of this amount. Annual leave and public holidays will count

towards the calculation of the 12 week period but periods of sickness absence either

before or after a physical return to work will not. If an employee returns for a period

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less than three months, they will only be required to repay a proportion based on how

long they have returned for.

An employee who resigns prior to commencing maternity leave may still be entitled to

receive statutory maternity pay providing the qualifying criteria are met. Please contact

a HR Advisor for more information in this respect.

4.22 Career Breaks

An employee on a career break who subsequently informs the organisation that she is

pregnant and wishes to go on maternity leave will be required to follow the same

notification procedures as outlined in paragraph 4.9.

An employee transferring from a career break to maternity leave, will accrue annual

leave and public holiday entitlements from the date they commence maternity leave.

It is possible that an employee entering into maternity leave directly from a career break

will not have earned the required level of earnings to qualify for SMP. Where this is the

case, the employee may be entitled to claim Maternity Allowance which is a weekly

benefit paid by the Benefits Agency for up to 39 weeks during the maternity pay period.

Employees will be provided with form SMP1 from the Payroll Team if they are not

entitled to Statutory Maternity Pay (SMP).

5. ADOPTION LEAVE PROVISIONS AND ENTITLEMENTS

General Rights

5.1 The rights to adoption leave and pay are available to an individual who adopts or to one

member of a couple who adopt jointly. The couple may choose which partner takes

adoption leave. A partner can take statutory paternity leave if they meet the qualifying

conditions.

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5.2 An employee must have been notified that s/he has been matched by an adoption

agency with a child for the purposes of adoption and be able to produce evidence of

entitlement such as a “matching certificate” issued by the adoption agency.

5.3 Employees taking adoption leave have similar rights to those enjoyed by women taking

maternity leave namely the right to:

· Protection from detriment as a result of taken adoption leave;

· The benefit to return to the same job, or, if not reasonably practicable, a suitable

and appropriate alternative job;

· The benefit of continuity of terms and conditions of employment except pay.

5.4 Adoption Leave

An employee who has been;

· Notified that he/she has been newly matched for adoption by an approved adoption

agency;

· Continuously employed by the SFRS for a period of not less than 26 weeks ending

with the week in which s/he is notified of being matched for adoption.

Is entitled to a period of 26 weeks Ordinary Adoption Leave which can begin on either:

· The date of the child’s placement

· From a fixed date up to 14 days before the expected date of placement

A further period of 26 weeks Additional Adoption Leave can be taken immediately

following the period of Ordinary Adoption Leave.

In the case of a multiple adoption, only one period of Ordinary Adoption Leave can be

taken.

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Where the placement is “disrupted” i.e. ends for any reason during either Ordinary or

Additional Adoption Leave, the employee will be entitled to remain absent on adoption

leave and pay, if applicable, for up to 8 weeks after the end of the week in which the

placement ends.

5.5 Adoption Pay

Employees with a minimum of 26 weeks’ continuous service by the end of the week in

which they are notified of being matched with a child are entitled to 39 weeks paid

adoption leave comprised of the following elements:

Adoption Pay

Weeks 1 - 18

Full pay

Weeks 19 - 39 Statutory Adoption Pay

Weeks 40 - 52 Unpaid

5.6 Notification Requirements

An employee must give notice in writing by completing the application form in

Appendix 3 of his/her intention to take adoption leave within 7 days of being notified by

their adoption agency that s/he has been matched with a child for adoption, where this

is reasonably practicable. Notifications must include details of the following: -

· The date when the employee was notified of being “matched” with a child

· The name and date of birth of the child

· The expected date of placement

· The date that the employee has chosen for the adoption leave to begin

· A “matching” certificate provided by the adoption agency

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The employee may vary the start date by giving 28 days’ notice in writing or as much

notice as is reasonably practicable.

Within 28 days of receipt of notice of the intention to start adoption leave, the service

will respond to the employee setting out the date on which the service expects the

employee to return to work if the full entitlement to adoption leave is taken.

An employee wishing to vary the date of return to work must give 8 weeks’ notice or as

much as is reasonably practicable to allow administrative arrangements to be made,

otherwise the service may postpone the return for full period of notice required.

5.7 Keeping in Touch Days

An employee on adoption leave is allowed up to 10 days at work with normal pay as

‘Keeping in Touch Days’ without bringing the adoption leave period to an end. Normal

pay will be an amount inclusive of SAP. Please refer to paragraph 4.17 as the same

principles apply for those employees utilising KIT days whilst on adoption leave as they

do for those employees on maternity leave.

5.8 Return to Work

An employee who resigns from their post during their period of adoption leave is entitled

to the same provisions referred to at Sections 4. 18.

5.9 Adoptions from Overseas

The same pay provisions and entitlement exists for employees adopting a child from

overseas as with adoption within the UK providing that the employee has 26 weeks’

continuous employment, ending with the week in which they are notified of being

matched with a child for adoption.

Employees adopting from overseas should complete the notification of adoption leave

form which can be found in appendix 3.

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5.10 Adoption Appointments

It is recognised that employees may need time off for appointments in order for them to

go through the adoption process which will consider them to be suitable for adoption.

Annual leave may be granted for these appointments.

Employees who have been notified that they have been matched with a child for

adoption have the right to take time off before the placement to attend appointments

arranged by the adoption agency for the purpose of having contact with the child or for

any other purpose connected with the adoption.

If a couple is adopting a child jointly, the “primary” carer is entitled to paid time off for up

to five appointments and the other partner is entitled to time off for up to two

appointments of which the first appointment will be paid and the second appointment

will be unpaid. However, the partner may apply for annual leave for further

appointments which will may be considered and granted in line with service needs.

Employees are entitled to up to six and a half hours off for each appointment.

Employees must be willing to produce their appointment cards on request (an email is

acceptable from the adoption agency) showing the date and time of the appointment.

5.11 Surrogacy Arrangements

The intended parents in a surrogacy arrangement may be eligible for adoption leave

and pay where they intend to apply for, or expect to obtain (or have already obtained) a

parental order for their child under the Human Embryology and Fertilisation Act 2008.

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6. PATERNITY LEAVE PROVISIONS AND ENTITLEMENTS

6.1 Ordinary paternity leave is available to both natural and adoptive parents, including

parents who adopt from overseas.

6.2 The right to paternity leave is available to be taken not just by the biological father but

by a partner if that person will have the main responsibility for the child’s upbringing

apart from any responsibility on the part of the mother. Therefore, a partner of either

gender may apply for paternity leave.

6.3 To qualify for ordinary paternity leave is that fathers or partners of an expectant mother,

or adopters, must have 26 weeks’ continuous service ending with the 15th week before

the Expected Week of Childbirth (EWC) or ending with the week in which an approved

“match” for adoption is notified. Qualifying employees are entitled to 2 weeks leave as

outlined below.

6.4 The employee can choose to start their ordinary paternity leave from:

The date the baby is born, or the date the child is placed for adoption (even if they

do not know when exactly this is going to be), or

a chosen number of days after the baby is born or the child is placed for

adoption, or

A chosen date, as long as this is no earlier than the expected week of

childbirth, or the expected week of placement for adoption.

Paternity leave cannot start before the date the baby is born, and the period of leave

must finish within 8 weeks of the baby being born (or if the baby is born before the

expected week of childbirth, within 8 weeks of the first day of that week), or within 8

weeks of the actual placement for adoption.

6.5 Paternity Pay is as follows: -

· 1 week at full normal pay

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· A 2nd week’s leave under the Statutory Paternity Leave provisions (at the rate of

SMP or 90% of average weekly earnings if this is less). Employees who have

average weekly earnings below the Lower Earnings Limit for National Insurance

purposes do not qualify for SPP. This may affect employees on the retained duty

system where if the average weekly wage is less than the lower earnings

contributions limit, the employee is not entitled to paternity leave.

Where 2 weeks’ leave are taken this must be consecutive. An employee cannot

choose to take odd days of leave or one week’s leave followed by a further week at a

later time.

6.6 Line Managers are required to ensure that employees who have requested a period of

ordinary paternity leave complete the relevant form (Appendix 4) declaring that they

meet the eligibility criteria.

6.7 Where a baby dies or is still born after 24 weeks’ pregnancy the entitlement will

continue to apply.

6.8 Only one period of paternity leave is available where more than one child is born as a

result of the same pregnancy – twins for example – or if more than one child is placed

for adoption under the same arrangement.

6.9 Notice Requirements

6.9.1 Intention to take Paternity Leave

An employee must advise the SFRS in writing by completing the application form in

appendix 4;

· In or before the 15th week before the expected week of childbirth;

· No more than 7 days after the date of notification of having been “matched” for

adoption or;

· As soon as is reasonably practicable.

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6.9.2 This will provide the following information;

· The Expected Week of Childbirth or date of notification of “matching” for adoption;

· Whether 1 or 2 weeks’ leave is requested;

· The date on which the leave will begin;

· Confirmation of entitlement to paternity leave i.e. a declaration that they meet the

conditions as to responsibility for the child.

6.9.3 An employee may vary the date that Statutory Paternity Leave starts by giving 28 days’

notice in writing, where this is reasonably practicable.

7. SHARED PARENTAL LEAVE

From 5 April 2015, additional paternity leave has been replaced with Shared Parental

Leave (SPL) for eligible parents of babies due, or children placed for adoption on or

after this date. SPL is aimed at giving parents more flexibility over how they share

childcare between them during the first year of their child’s life. It allows them to take it

in turns to have periods of leave to care for their child and/or take leave at the same

time as each other.

The details of SPL are contained within the SFRS Policy – Shared Parental Leave

which is available to read on the staff intranet.

8. PARENTAL LEAVE PROVISIONS AND ENTITLEMENTS

8.1 Entitlement

The right to parental leave applies to employees with one year’s continuous service.

The employee must be registered on the child’s birth certificate as the child’s mother or

father, or must have (or expect to have) parental responsibility for the child

8.2 Period of Leave

Eligible employees are entitled to take a period of up to 18 weeks of unpaid parental

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leave in order to care for their child. Each parent may take up to four weeks parental

leave a year. Parental leave is available up until the child’s 18th birthday, or until the

18th anniversary in the case of adoption. For the avoidance of doubt, a year is the

period of 12 months beginning when the employee first becomes entitled to parental

leave in respect of the child in question, and each successive period of 12 months

beginning in the anniversary of that date.

Unless the child is disabled, leave must be taken in weekly blocks. If the child is

disabled, the leave can be taken in daily blocks. An employee may take less than one

week but this will amount to one complete week for the purpose of calculating the full

entitlement. One week’s parental leave is equal to the length of time that an employee

is normally required to work in one week.

If an employee changes jobs, they are permitted to carry over the un-used balance of

their parental leave as the parental leave applies to the child, not the job.

8.3 Period of Notice

In order to be eligible to take the leave, the employee must also provide 21 days’ notice

of when they want the leave to start and end and should use appendix 5 for this

purpose.

9. FLEXIBLE WORKING

The SFRS Flexible Working policy (available on the staff intranet) provides information

on the rights of staff, who meet the qualifying conditions, to request a change to their

working hours. Employees interested in changing their working hours should access

the policy and discuss this with their line manager in the first instance.

10. MATERNITY WEAR

Maternity wear is available for pregnant operational Firefighters as and when required,

and can be obtained (in confidence) from the Personal Protective Equipment Officer,

who will advise on the range and options available in maternity wear. The PPE Officer

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will also arrange for the chosen garments to be ordered and sent directly to employees

or collected from the PPE Officer directly. Please contact a HR Advisor for further

information.

11. CHILDCARE VOUCHER SCHEME

The SFRS operates a childcare voucher scheme which is open to all eligible staff to

join. The scheme operates as a salary sacrifice scheme which means that the part of

an employee’s salary which is allocated as childcare vouchers is tax-free and exempt

from National Insurance contributions which results in savings on childcare expenses.

Employees interested in joining should contact their local HR team.

12. SUPPORT AND ADVICE

General Advice

Department for Work and Pensions www.dwp.gov.uk

UK Government website www.direct.gov.uk

Working Families www.workingfamilies.org.uk

Citizens Advice Bureau www.adviceguide.org.uk

ACAS – www.acas.org.uk

Breast Feeding Support

http://www.nationalbreastfeedinghelpline.org.uk – 0300 100 0212 (Open 364 days of the year)

http://www.nhs.uk/conditions/pregnancy-and-baby/pages/breastfeeding-help-support.aspx

https://www.breastfeedingnetwork.org.uk/get-involved/make-your-business-breastfeeding-friendly/

Miscarriage Support

http://www.miscarriageassociation.org.uk – The Miscarriage Support Association provides

support and information to anyone affected by pregnancy loss, through a phone and

email helpline, support network across the UK, website and printable leaflets, forum and

social media profile. They can be contacted on 01924 200 799 Monday to Friday 9a.m.

http://www.dwp.gov.uk/

http://www.direct.gov.uk/

http://www.workingfamilies.org.uk/

http://www.adviceguide.org.uk/

http://www.acas.org.uk/

http://www.nationalbreastfeedinghelpline.org.uk/

http://www.nhs.uk/conditions/pregnancy-and-baby/pages/breastfeeding-help-support.aspx

https://www.breastfeedingnetwork.org.uk/get-involved/make-your-business-breastfeeding-friendly/

http://www.miscarriageassociation.org.uk/

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– 4 p.m. or by email on [email protected].

http://www.miscarriagesupport.org.uk/ - This website providing counselling for women and

couples in Scotland who have suffered miscarriage, stillbirth or neonatal loss. They

connect with the NHS and community organisations to assist people to access services

in their community to ensure they receive the best quality care. They can be contacted

on 0141 552 5070 or at [email protected].

Stillbirth and Neonatal Death Charity (Sands) – Support And Advice

https://www.uk-sands.org – Sands supports anyone who has been affected by the death of

a baby before, during or shortly after birth. They offer emotional support and

information for parents, grandparents, siblings, children, families and friends, health

professionals and others. The helpline number is 020 7436 5881 and the email support line is

[email protected].

Multiple Births

https://www.tamba.org.uk - Twins and Multiple Births Association. Tamba is an

organisation which helps families of multiples through a range of support services.

Post Natal Illness – Support and Advice

http://www.pandasfoundation.org.uk/ - Pre and post-natal depression advice and support.

Panda is a leading UK charity which supports families suffering from pre (antenatal) and

post-natal illness. There is a helpline, support group and online advice. The Pandas

Help Line 0843 28 98 401.

One Parent Family Support

http://www.opfs.org.uk – One Parent Families Scotland encourages and enable single

parents across Scotland to make the most of the opportunities available to them so they

can flourish as happy, healthy and achieving families. One Parent Families Scotland

provides help to all single parent families; mums, dads, young parents and kinship

carers. The helpline number is 0808 801 0323.

mailto:[email protected]

http://www.miscarriagesupport.org.uk/


https://www.uk-sands.org/


http://www.pandasfoundation.org.uk/

http://www.pandasfoundation.org.uk/how-we-can-help/pandas-help-line.html

http://www.pandasfoundation.org.uk/how-we-can-help/pandas-help-line.html

http://www.opfs.org.uk/

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Abortion Support

www.archtrust.org.uk – ARCH (Abortion Recovery Care and Support) – an organisation

which offers help for women, men and families to restore their lives and relationships

after an abortion experience.

13. ASSOCIATED DOCUMENTS

· SFRS Shared Parental Leave Policy

· SFRS Flexible Working Policy

· SFRS Managing Attendance Policy

· SFRS Travel and Subsistence Policy

· SFRS Special Leave Policy (or legacy policies if still applicable)

14. CONSULTATION

This policy has been developed following consultation with Representative Bodies and

has been agreed by the SFRS Board.

http://www.archtrust.org.uk/

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POD/Maternity& Adoption Policy Page 27 of 40 Version 0.6: (Date 09/03/2016)

APPENDIX 1 SCOTTISH FIRE AND RESCUE SERVICE – FORM MAT 1

NOTIFICATION OF MATERNITY LEAVE BY EMPLOYEE

TO:

Note to Employee

Before completing this notification of maternity leave, you should familiarise yourself with SFRS Maternity policy available on SFRS intranet. You must notify your Line Manager of your pregnancy as soon as possible but no later than the end of the 15

th week before the EWC. Any changes to this must

be submitted normally 28 days before your maternity leave is due to commence.

1. I write to confirm that I am pregnant and that my expected date of childbirth is:

DATE MONTH YEAR

2. I enclose a maternity certificate (MAT B1) giving my expected week of childbirth If the MATB1 is to follow, please tick here:

Tick

3. I wish to apply for maternity leave starting on:

DATE MONTH YEAR

4. Please select which Scheme you wish to apply for:

Scheme A

Application for Unpaid Maternity Leave for employees who have less than 26 weeks’ service by the end of

15th week before the expected week of childbirth.

Or

Scheme B

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Application for Maternity Leave and Pay for Employees with a minimum of 26 weeks’ continuous service

by the end of the 15th week before the expected week of childbirth.

Name: Department / Area:

Employee No:

Job Title: Place of Employment:

Home Address:

Postcode:

Date Entered Service:

N.I. Number:

Signature: Date:

Store: Employees Personal File

Copy to: SFRS POD Admin Team

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APPENDIX 2

NEW AND EXPECTANT MOTHERS RISK ASSESSMENT – GUIDANCE NOTE

Aims of a Risk Assessment

The aim of a workplace risk assessment is to consider any risks to female employees of childbearing age and,

in particular, risks to new and expectant mothers (for example, from working conditions, or the use of physical,

chemical or biological agents). Any risks identified must be included and managed as part of the general

workplace risk assessment.

When a line manager is notified that an employee is pregnant, breastfeeding or has given birth within the last

six months, a workplace risk assessment should be undertaken to establish if any new risks have arisen. If

risks are identified during the pregnancy, in the first six months after birth or while the employee is still

breastfeeding, the line manager is expected take appropriate, sensible action to reduce, remove or control

them.

Specific Risk Assessments

A specific, separate risk assessment for new and expectant mothers may also help line managers decide if any

additional action needs to be taken. If a significant health and safety risk is identified for a new or expectant

mother, which goes beyond the normal level of risk found outside the workplace, you must take the following

actions:

· Action 1: Temporarily adjust her working conditions and / or working hours; or if that is not possible

· Action 2: Offer her suitable alternative work (at the same rate of pay) if available; or if that is not

possible

· Action 3: Suspend her from work on paid leave for as long as necessary to protect her health and

safety, and that of her child.

However, the Employment Rights Act provides that, where appropriate, suitable alternative work should be

offered (on the same terms and conditions) before any suspension from work.

Further guidance is included within the HSE website; www.hse.gov.uk or from a Health and Safety Officer,

Health, Safety and Wellbeing Department.

Individual Continuous Risk Assessment

http://www.hse.gov.uk/

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The risk assessment must be an individual continuous risk assessment as the risks change through each

trimester and for each individual. This can be addressed by continually carrying out risk assessments through

the pregnancy. This is particularly important if the line manager or employee suspects it is no longer valid, or

there have been significant changes to anything it relates to. As part of that process, line managers should

regularly monitor and review the risk assessment taking into account possible risks that may occur at different

stages of the employee’s pregnancy.

This is important because the risk of damage to the unborn child may rise at different stages of a pregnancy

from any process, working condition or physical, biological or chemical agents. For example, dexterity, agility,

co-ordination, speed of movement and reach may be impaired because of increased size as a pregnancy

progresses.

Therefore, the purpose of this guidance note is to identify the hazards and risks generally relevant to new

and expectant mothers in all aspects of their employment and suggests appropriate control measures.

A new or expectant mother is defined as a woman who is pregnant, has given birth in the last six months

or is breastfeeding (source: HSE).

Physiological / Psychological Aspects of Pregnancy

In assessing the risk to pregnant employees it is important to recognise the significant hormonal and

physiological changes that occur during and after pregnancy. These may give rise to a number of

physical and behavioural changes. Most common conditions are: -

Nausea

Despite being known as “morning sickness” nausea associated with pregnancy can occur at any time of

the day.

Backache

Backache can be associated with poor working posture and incorrect manual handling. The risk may be

increased in pregnancy due to hormonal changes weakening ligaments.

Size

Increased physical size can affect the ability to safely and comfortably wear protective clothing.

Raised Blood Pressure

Susceptibility to raised blood pressure may give rise to the need for longer and more frequent breaks.

Tiredness

Increasing tiredness may affect the ability to work for long periods or late shifts, or to maintain sustained

physical effort.

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Balance

The combined reduction in mobility, dexterity and co-ordination increases the risk of slips, trips and falls.

Stress

As a result of pregnancy, physical, emotional and possible financial changes can occur, which in turn may

lead to stress and high blood pressure. Stress includes PTSD: a post-traumatic stress disorder that can

occur in people who have experienced or witnessed a traumatic event such as a natural disaster, a

serious accident, a terrorist act, a violent personal assault etc.

Specific Hazards to Pregnant Women and Nursing Mothers

EU Directive 92/85/EEC Pregnant Workers describes the three categories of risk applicable to pregnant

women, those who have recently given birth, those who are breast-feeding and those who have

miscarried within the previous six months.

• Physical Agents

• Biological Agents

• Chemical Agent

Physical Agents

• Shock

• Low frequency, particularly whole body vibration

• Excessive movement

• Manual handling activities

• Noise

• Ionising and non-ionising radiation

• Temperature extremes

• Postures and movements causing mental and / or physical fatigue

• Hyperbaric (high pressure) atmospheres

• Smoke and fumes

• VDU Hazards

The effects of the above vary between pregnant women and nursing mothers. Exposure to ionising

radiation may contaminate a breast fed baby if the mother’s skin becomes contaminated. Ionising

radiation and working in hyperbaric atmospheres directly affect the unborn foetus. Excessive noise can

cause hearing problems and can also induce miscarriage.

It is important to recognise the restricted capabilities of women who have undergone a Caesarean birth

since such women will have limited mobility, a significantly reduced ability to perform manual handling

activities and may find some working postures awkward and / or uncomfortable until full fitness is

regained.

Hazard Control Measures – Physical Agents

Primary control is to prevent exposure to the specific risks, e.g. by the provision of seating, adjustment in

working hours and more direct control over the actual work.

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Biological Agents

Exposure to agents such as bacteria, viruses and other micro-organisms is most likely to occur in such

places as hospitals, laboratories, human health and animal care services, agriculture etc. A more specific

risk may be exposure to body fluids at incidents, contaminated equipment or contaminated personal

protection equipment.

Of particular relevance are those biological agents, which can cause adverse health effects, e.g.

miscarriage or physical / neurological damage to the foetus or new-born baby. Infection may be

transmitted through the placenta, by breast-feeding or through close maternal contact.

Examples include: -

· Hepatitis B

· HIV

· TB

· Rubella (German Measles)

· Toxoplasmosis

Hazard Control Measures – Biological Agents

Account should be taken of how the agent is spread e.g. ingestion, inhalation etc. and the likelihood of

infection. Detailed control measures are laid down in the Control of Substances Hazardous to Health

Regulations 1999, which include avoiding exposure, containment of the work and high standards of

personal hygiene. Vaccines may be applicable provided the risk to the unborn child is not increased.

Chemical Agents

Many agents are known or suspected to have adverse effects on new or expectant mothers and / or their

babies. Risk will be determined by the degree of exposure. Chemicals labelled with the following risk

phrases are examples of chemical agents capable of adversely affecting the mother or foetus: -

Possible risk of irreversible effects:

May cause cancer

May cause heritable genetic damage

May cause harm to the unborn child

Possible risk of harm to unborn child

May cause harm to breast fed babies

Substances covered by Control of Substances Hazardous to Health Regulations 1999 (COSHH) will need

to be reassessed and specific risks addressed. Exposure limits must be adhered to.

Hazard Control Measures – Chemical Agents

Prevention of exposure, good hygiene standards and personal protective clothing.

Summary

It is a requirement that all categories of risks identified above are addressed. Any activity or range of

duties must therefore be risk assessed by the Manager in consultation with the Health, Safety and

Wellbeing department prior to the commencement of those duties. The Director of People and

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Organisational Development Directorate) must be kept informed of any decision(s) or recommendation(s)

made as a result of this process.

Having identified the hazards and risks, appropriate action must be taken to eliminate or minimise them.

In general terms it is the responsibility of the relevant Manager and the Director of People and

Organisational Development Directorate to remove the risk or prevent exposure. If this is not feasible the

risk should be adequately controlled. If the risk is still significant then either: -

(i) an adjustment to working conditions or hours should be made, or

(ii) suitable alternative work should be offered.

The risk assessment should be dynamic and take account of the physiological changes that occur as the

pregnancy term progresses. Any control measures put in place should, therefore be reviewed regularly by

the Manager in conjunction with the employee. This will ensure that those measures remain satisfactory.

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Risk Assessment for Pregnant Workers

Preliminary Questionnaire for Line Managers

Employee Surname:

Forename(s)

Employee Number:

SDA/Directorate:

Do the normal duties of the employee involve exposure to any of the following? (strike out “yes” for those that do not apply) 1. Agents Physical Whole Body Vibration Yes / No Noise Yes / No Ionising radiation / radio-chemicals Yes / No Non-ionising radiation Yes / No Temperature extremes Yes / No Biological Group 2, 3 or 4 biological agents Yes / No Rubella Yes / No Clinical specimens Yes / No Chemicals which can result in the following: - Possible risk of irreversible effects Yes / No May cause cancer Yes / No May cause inheritable disease Yes / No May cause harm to unborn child Yes / No Possible risk of harm to unborn child Yes / No May cause harm to breastfed babies Yes / No Carcinogens (COSHH Regulations Schedule) Yes / No Mercury or mercury derivatives Yes / No Lead or lead derivatives Yes / No Antimitotic or cytotoxic drugs Yes / No Carbon monoxide Yes / No Chemicals known to be absorbed through skin Yes / No 2. Working Conditions Handling Loads Yes / No Travelling Yes / No Night work Yes / No

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Working alone Yes / No Working with VDU Yes / No Processes in COSHH (Amendment) Regulations 2004Contact your nominated Health and Safety Advisor If a risk has been identified indicate below the action to be taken.

Name and Department of Line Manager:

Signature of Line Manager:

Date:

Signature of Employee:

Date:

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APPENDIX 3

SCOTTISH FIRE & RESCUE SERVICE

NOTIFICATION OF ADOPTION LEAVE BY EMPLOYEE

TO:

Note to Employee

Before completing this form, you should familiarise yourself with the provisions for adoption leave and pay contained within SFRS Maternity, Adoption, Paternity and Parental Leave policy – available on the intranet. You must submit notice of intention to take Adoption Leave within 7 days of being notified by the adoption agency unless this is not reasonably practical. Any changes to this must be submitted no later than 28 days before your adoption leave is due to begin.

1. I wish to apply for adoption leave on:

DATE MONTH YEAR

2. I enclose documentary evidence (Matching Certificate)

Tick

Name: Department / Area:

Employee No:

Job Title: Work Location:

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Home Address:

Postcode:

Date Entered Service:

N.I. Number:

Signature: Date:

RETAIN FOR: Minimum 1 Year

COPY FOR: SFRS POD ADMIN TEAM

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APPENDIX 4

Paternity Leave Self-certification form in respect of an employee’s eligibility for paternity leave and pay

Name of employee:

Department:

Start date with SFRS:

I declare that: Please tick as appropriate:

I am the child's biological father

I am married to the child's mother

I am the civil partner of the child's mother

I am the cohabiting partner of the child's mother

OR:

I am married to the person adopting the child

I am the civil partner of the person adopting the child

I am the cohabiting partner of the person adopting the child

AND:

I am adopting jointly and have elected to receive statutory paternity pay and leave and not statutory adoption pay and leave.

I will have responsibility for the child's upbringing.

I will be absent from work for the purpose of caring for the child or supporting the child's mother.

Please state the date on which the child is due to be born/placed for adoption or, where the child has already been born/placed for adoption, the date when this occurred.

If only the due date has been provided above, the actual birth date MUST be provided following the birth.

NOTE FOR APPLICANT: This form must be returned to SFRS POD Admin Team at least 15 weeks before the expected week of the child’s birth.

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BIRTH CHILD

I hereby give notice of my intention to take [one week's/two weeks'] paid ordinary paternity leave from [insert dates]. Please note that paternity leave must be taken as a single block of either one or two weeks leave and cannot be taken at two separate intervals. The leave requested relates to the birth of a baby which is due on [date].

ADOPTED CHILDI hereby give notice of my intention to take [one week's/two weeks'] paid paternity leave from [insert dates]. Please note that paternity leave must be taken as a single block of either one or two weeks leave and cannot be taken at two separate intervals.

I confirm that the leave requested relates to the adoption of a child.The date on which I was notified by the adoption agency of having been matched with the child was [date].

The date on which the child is expected to be placed for adoption is [date].

Employee Signature:

Line Manager Signature:

Date:

Note: If an employee wishes to vary the dates of ordinary paternity leave, they must submit this in writing to their Line Manager providing 28 days’ written notice of the new dates.

NOTE FOR APPLICANT: This form must be returned to the SFRS POD Admin Team no later than 7 days after the date on which notification of the match with the child was given by the adoption agency or as soon as reasonably practicable. Please attach a copy of the matching certificate issued.

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APPENDIX 5

APPLICATION FOR PARENTAL LEAVE

Name of employee Job title

Date of commencement of employment with SFRS

Amount of ordinary parental leave taken previously in respect of relevant child

I would like to apply for [ ] [week(s)/day(s)] unpaid parental leave from [date] to [date]. (applications for ordinary parental leave in periods of a day or multiples thereof may be made only where the child in question is disabled)

The leave requested relates to my child due on [ ] / who was born on [ ]

[I attach a copy of [child's name]'s [birth certificate/adoption papers].]

I recognise that the SFRS is entitled to make enquiries of all or any of my previous employers in relation to any previous periods of ordinary parental leave taken.

I also recognise that the SFRS may postpone the period of leave requested by up to six months where the leave requested does not coincide with the expected week of my child's birth or adoption and the service would otherwise be unduly disrupted by my absence.

Signed Date

Please return this form to your line manager [ ] at least 21 days prior to the date on which your requested period of ordinary parental leave is due to commence. Line Managers – please note that this form should be returned to the SFRS POD Admin team.

Documents

PEOPLE & ORGANISATIONAL DEVELOPMENT Human Resources · 1.1 The aim of this policy is to set out the entitlements of employees of the Scottish Fire and Rescue Service (SFRS) in respect