Family Leave Policy

Maternity Pay and Leave

 

 

Entitlement

 

Colleagues are entitled to up to 52 weeks maternity leave. which is divided into:

• Ordinary maternity leave of 26 weeks.

• Additional maternity leave of a further 26 weeks immediately following ordinary maternity leave.

 

Colleagues are not required to take the full 52 weeks but must take a minimum of 2 weeks after their baby is born. 

Colleagues must also follow the notification requirements set out below. Failure to follow this process may result in colleagues not receiving their maternity payments.

Colleagues looking to share the leave and pay available can consider shared parental leave. Please see the shared parental leave section of this policy for more information.

 

 

Notification Process

 

Pregnant colleagues are advised to notify their line manager as soon as possible so that a health and safety risk assessment can be undertaken, and a discussion can take place about time off to attend antenatal appointments.

Colleagues must provide written notification of their intention to take maternity leave by the end of the 15^th week before the expected week of childbirth (qualifying week) by submitting a Notice of Maternity Leave Form (form ML1), to their line manager, Payroll and to HR.

A copy of the MAT B1 form provided to the colleague from their doctor or midwife (at around 21 weeks of pregnancy) should also be submitted.

 

 

Health and Safety

 

Upon notifying the Society about the pregnancy, the colleague and their line manager will carry out a health and safety risk assessment for new and expectant mothers’ (ML/2). This is an opportunity to identify any preventive and protective measures that the Society needs to take. The Society will take such steps as necessary to avoid any risks identified affecting the health and safety as a new or expectant mother, or that of the baby. 

 

Time Off During Pregnancy

 

Periods of pregnancy-related sickness absence will be paid in accordance with the colleague’s contract of employment.

If the colleague is absent for a pregnancy related reason during the four weeks before the expected week of childbirth, their maternity leave will usually start automatically. 

 

Antenatal Care

 

An expectant mother is entitled to reasonable time off during working hours for antenatal care, if it is not possible to arrange this outside of normal working hours.  Colleagues should give their line manager as much notice as possible and make every effort to arrange such appointments at a time that will cause the least disruption to work. Colleagues may be required to present an appointment card or other documentation for the time away from work to be authorised.

 

 

Maternity Leave Period

 

The earliest date a colleague can start maternity leave is the beginning of the 11^th week before the expected week of childbirth. 

Maternity leave will start automatically where a colleague is absent from work, wholly or partly due to a pregnancy-related illness after the beginning of the fourth week before the expected week of childbirth, or if a colleague gives birth before their maternity leave was due to start. In such circumstances, colleagues should notify their manager of this in writing, and should provide copies of the appropriate medical documentation.

The dates for maternity leave can be brought forward or delayed by giving the line manager at least 28 days’ written notice before the new start date. 

The law prohibits colleagues from working during the two weeks following childbirth. 

Where a colleague has been affected by pregnancy loss, maternity leave/pay may still be payable where the colleague is affected by pregnancy loss after the 24^th week of pregnancy. The Society is keen to support any parents in this position, so colleagues affected by pregnancy loss should speak to their line manager or their HR Advisor as soon as they feel able to do so.

Shortly before maternity leave starts we will discuss the arrangements for covering work and the opportunities to remain in contact, should the colleague wish to do so, during their leave. 

 

 

 

Maternity Pay

 

The Society offer colleagues enhanced maternity pay, where colleagues qualify for statutory maternity pay (SMP).

Colleagues qualify for SMP if:

• They have more than 26 weeks’ continuous service by the qualifying week.

• Their average weekly earnings during the eight weeks ending with the qualifying week are not less than the lower earnings limit set by the government.

• They provide at least 28 days’ notice of their intention to take maternity leave.

• They provide proof of pregnancy, confirming the expected week of childbirth (Mat B1 form).

 

If colleagues are not entitled to SMP, they may be entitled to maternity allowance (MA). Such colleagues are still entitled to up to 52 weeks unpaid maternity leave as outlined above.

 

Enhanced Maternity Pay

 

	Week 1 - 8	Week 9 – Week 21	Week 21 - 39
Enhanced Maternity Pay	Full pay – based on average contractual earnings	Half pay – based on average contractual earnings	SMP – the amount set by the government or 90% of average earnings whichever is lower.

 

*Please note where the EMP amount due is less than the SMP provision, only SMP will be payable.

Income tax and national insurance is payable on MP earnings, and it is payable whether the colleague intends on returning to work or not.  MP is payable on the Society’s published four weekly pay dates.

If a colleague becomes eligible for a pay rise either during maternity leave or within a period where pay has been used to calculate MP entitlements, the Society will retrospectively apply the pay rules to ensure that the colleague receives the benefit for MP purposes.

Colleagues who leave the Society for any reason after the start of the qualifying week are still eligible for SMP (not EMP), the amount set by the government. This will be paid in line with the Society 4 weekly pay dates and colleagues will receive there P45 when these payments have ceased.

 

 

Terms and Conditions and Benefits During Maternity Leave

 

Apart from any conditions relating to salary and pay, all other contractual terms and conditions will continue during maternity leave. However, salary will be replaced by EMP (if eligible), and colleagues are paid via payroll as usual. For details on how your Society benefits may be affected during this time, for example, salary sacrifice schemes, please contact the rewards and benefits team at your.benefits@midcounties.coop.

Colleagues will continue to accrue annual leave during their maternity leave and will need to make arrangements with their manager to take leave in accordance with normal procedures. Colleagues should make arrangements with their line manager to take their full contractual holiday entitlement for the holiday year, wherever possible, prior to commencing maternity leave, or between their return to work and the end of the holiday year. Where this is not possible, colleagues on maternity leave are able to carry over their unused holiday entitlement to the next holiday year. This should be agreed with the line manager prior to the maternity leave commencing. For further information regarding carrying over annual leave entitlement, colleagues should refer to the Society’s Annual Leave Policy. 

For details of how pension is treated during maternity leave please contact the Pension Manager at Helen.Flint-Hill@midcounties.coop.

 

 

Keeping in Touch (KIT)

 

We may make reasonable contact with a colleague from time to time during their maternity leave, although we will keep this to a minimum. This may include contacting the colleague to discuss arrangements for their return to work.

A colleague may, with the agreement of their line manager, carry out up to 10 KIT days during their maternity leave without bringing the maternity leave to an end. In accordance with legislation, any work carried out for part of a day shall constitute a full day’s work for the purposes of pay and KIT day entitlement.

Work undertaken on a KIT day may include training, attending meetings and committees or any activity undertaken for the purposes of “keeping in touch” with the workplace.

It should be noted however, that this provision does not confer any right on the Society to require any work to be carried out during the statutory maternity leave period, nor any right on the colleagues to request work during this period. Also, there is no obligation on either the society or the colleague to make use of these days.

A Maternity leave – Keeping in Touch Days Form ML5 can be found here.

 

Returning to Work

 

If a colleague intends to return to work at the end of their full maternity leave period entitlement, they are not required to give notice of their return.

If a colleague wants to return earlier than a date previously specified they should do this by submitting an Intention to Return Work Form (form ML3) with eight weeks’ notice, to their line manager, payroll and HR. Colleagues who return to work within 6 months of giving birth are required to complete a Health and Safety Risk Assessment for New and Expected Mother’s Form (form ML2). A copy of the completed form should be sent to familyleave@midcounties.coop.

If a colleague wants to return to work later than the expected return date (assuming they still have unused maternity leave entitlement), she should do this by submitting an Intention to return to work form (form ML3) with eight weeks’ notice, to their line manager, payroll and emailed to familyleave@midcounties.coop. However, if a colleague would like additional leave at the end of their full maternity leave period entitlement a colleague may request paid additional leave in accordance with their contract or request ordinary parental leave (see the parental leave section of this policy), subject to the needs of the Society.

If a colleague does not intend to return to work, or are unsure, it is helpful if they discuss this as early as possible with their line manager or relevant HR Advisor. If a colleague decides not to return they should give notice of resignation in accordance with their contract. If a colleague wants to change their hours or other working arrangements on return from maternity leave they should make a request under our Flexible Working Policy. It is helpful if such requests are made as early as possible.

All colleagues have a statutory right to short periods of unpaid leave in order to make arrangements to deal with family emergencies. Colleagues should refer to the Emergency Leave Policy.

At the end of the maternity leave period, the colleague has the right to return to the same job as before, or if not practicable, to as similar job as possible with the same or better status and terms and conditions.

 

Breastfeeding Support

 

The Society is committed to support any colleagues who wish to breastfeed or express milk following their return to work. The Society will ensure that appropriate facilities are made available to colleagues who require them, wherever possible.

Colleagues should inform their line manager of their intention to breastfeed or express milk on Society premises when they notify their Manager of their return to work, this is so that a risk assessment can be carried out, using the Health and Safety Risk Assessment for New and Expected Mother’s Form (form ML2). A copy of the completed form should be sent to familyleave@midcounties.coop. 

When exploring how the Society can support breastfeeding in the workplace, colleagues are asked to speak to their line manager in the first instance, or alternatively contact their HR advisor for the business group. 

 

Repayment

 

Where a colleague qualifies for EMP and fails to return to the Society for a minimum of 12 weeks after maternity leave (paid and unpaid period of leave)  the Society will normally claim back the enhancement paid to the colleague (the difference between enhanced maternity pay and statutory maternity pay), unless the colleague has left due to redundancy.

 

 

Paternity Leave 

 

Entitlement

 

Colleagues will be entitled to take paternity leave if they:

• Are the biological father of the child and will have some responsibility for the child’s upbringing.

• Are the intended parent in a surrogacy arrangement.

• Are the mother’s partner and expect to have main responsibility with the mother/main adopter for the child’s upbringing.

To qualify for paternity leave the colleague must also have been continuously employed by the Society for at least 26 weeks ending with the 15th week before the expected week of childbirth, or the week in which the colleague or their partner are notified by the adoption agency or local authority that they have been matched with a child.

Paternity leave is available where a child is placed with the colleague for adoption by an adoption agency. In such cases the colleague may be entitled to take adoption leave instead (see the adoption leave section below). However, adoption leave may only be taken by one adoptive parent. Paternity leave is available to the other adoptive parent (of either sex).

A colleague can only take one period of paternity leave for each pregnancy or adoption placement, even if more than one child is born or adopted. 

If the colleague is unable to satisfy the eligibility criteria outlined above, they may be able to take unpaid paternity leave and should speak to their manager and/or HR Advisor about whether this is possible.

 

 

Notification of Paternity Leave

 

Colleagues must notify the Society, in writing, of their intention to take paternity leave by the end of the 15th week before the expected week of childbirth, or no more than seven days after the colleague and/or partner were notified of having been matched with the child. If the colleague misses this application date, they should notify their HR Advisor immediately and they will endeavour to assist.

The colleague will need to complete form PL/1  and send a copy to their line manager, payroll and HR (familyleave@midcounties.coop).

Should the colleague change their mind about the date when they want their paternity leave to start, the colleague is required to provide their manager with four weeks’ notice in writing, or as soon as possible if that timescale is missed.

 

 

Time off for Appointments

 

Colleagues can take a total amount of time equating to 2 working days (pro rata for part time colleagues) unpaid time off work to attend ante-natal or pre-adoption appointments. Although this time off is unpaid, the Society will do its best to limit the effect such as agreeing for the colleague to make up the time where possible.  Colleagues should give their line manager as much notice as possible and make every effort to arrange appointments at a time that will cause the least disruption to work.  Colleagues may also be required to provide evidence of their appointment when requesting time off.  

The Society is also keen to support families undergoing fertility treatment. As such, colleagues can also take up to two days unpaid time off work to undergo fertility treatment, if it is not possible to arrange this outside of the normal working hours. Colleagues should give their line manager as much notice as possible and make every effort to arrange such appointments at a time that will cause the least disruption to work. Colleagues may also be required to provide evidence of their appointment when requesting time off.

 

 

Paternity Leave

 

Colleagues can take up to two weeks’ paternity leave either in units of one or two consecutive weeks. It cannot be taken in installments.

Paternity leave can start on the date of the child's birth or adoption placement, or a later date of the colleague’s choosing. However, it must end within 56 days (eight weeks) of birth or placement, or within 56 days of the first day of the Expected Week of Childbirth (if the child was born early).

Colleagues cannot take paternity leave if they have already taken any periods of shared parental leave for this pregnancy or adoption placement. However, the colleague may be eligible to take shared parental leave after taking paternity leave for the same pregnancy or adoption. Please see the shared parental leave section of this policy for more details.

 

 

Paternity Pay

 

The Society offers enhanced paternity pay, provided that colleagues meet the criteria for statutory paternity leave and pay. Colleagues will be paid at their normal rate of pay for the two weeks of paternity leave.

Paternity pay is payable on the Society’s published four weekly pay dates. Tax and national insurance will be deducted.

The statutory paternity pay criteria are that the colleague:

• Be employed by the Society on the date the child is born or placed for adoption.

• Be earning an average of at least £120 a week.

• Have not already taken any period of shared parental leave for this pregnancy or adoption placement.

 

 

Terms and Conditions and Benefits During Paternity Leave

 

All the terms and conditions of employment remain in force during paternity leave, except for the terms relating to pay. Colleagues will continue to accrue annual leave during paternity leave and should agree with their manager any leave they want to take and aim to take holidays during the holiday year. If that isn’t possible due to the return date being too close to the end of the holiday year, colleagues should discuss carrying over holidays with their manager. For details on how your Society benefits may be affected during this time, for example, salary sacrifice schemes, please contact the rewards and benefits team at your.benefits@midcounties.coop.

For details of how pension is treated during shared parental leave please contact the Pension Manager at Helen.Flint-Hill@midcounties.coop.

 

 

Returning to Work

 

If a colleague would like additional leave at the end of their paternity leave period entitlement a colleague may request paid additional leave in accordance with their contract or request ordinary parental leave (see the Parental leave section of this policy), subject to the needs of the Society.

If a colleague wants to change their hours or other working arrangements they should make a request under our Flexible Working Policy. It is helpful if such requests are made as early as possible.

At the end of the paternity leave period, the colleague has the right to return to the same job as before, or if not practicable, to as similar job as possible with the same or better status and terms and conditions.

 

 

Repayment

 

Where a colleague qualifies for EPP and fails to return to the Society for a minimum of 12 weeks after paternity leave (paid and unpaid period of leave)  the Society will look to claim back the enhancement paid to the colleague (the difference between enhanced paternity pay and statutory paternity pay), unless the colleague has left due to redundancy.

 

Adoption Leave and Pay

 

Entitlement

 

A colleague qualifies for 52 weeks' Statutory Adoption Leave (SAL) when they adopt a child provided that they:

• have been matched with a child to be placed with them by a UK adoption agency,

• have notified the agency that they agree that the child should be placed with them, and have agreed the date of placement,

• have been continuously employed by the Society for at least 26 weeks ending with the week in which they are notified that they have been matched with the child (the "matching week"). The matching week starts on a Sunday and ends on a Saturday,

• have communicated to the Society when they want to take their SAL, and communicated it no more than seven days after they are notified that they have been matched with a child,

• provide a copy of the matching certificate from the agency or local authority once it has been received.

The SAL period is made up of 26 weeks' ordinary adoption leave followed immediately by 26 weeks' additional adoption leave.

 

Overseas adoptions

To qualify for adoption leave when a child is adopted from overseas, the colleague must:

• be the child’s adopter. Where the child is to be adopted by two people jointly, leave can only be taken by the colleague if they have chosen to take adoption leave in respect of the child;

• have received official notification confirming that the relevant UK Authority has, or is prepared to, issue a certificate confirming the colleague is eligible to adopt and has been assessed and approved as being a suitable adoptive parent; and

• have worked for the Society continuously for at least 26 weeks by the time adoption leave is due to begin.

 

Foster parents and surrogacy

A foster parent can take SAL, but only if:

• the child that the colleague fostered is then matched with them for adoption by a UK adoption agency. Adoption via a court order does not count for the purposes of SAL, and

• the child is then actually placed with them for adoption.

• In a surrogacy case, colleagues are entitled to SAL, but only if:

• a surrogate mother gives birth to a child, who is biologically the child of either the colleague, or their spouse or partner (or both), and

• the colleague expects to be given parental responsibility under a parental order from the court. The child must live with the colleague and they must apply for the parental order within six months of birth.

In both cases, the usual notification and service criteria still apply. The adoption leave only relates to the actual placement for adoption. Any period of foster caring does not count.

 

 

Notification

 

Colleagues must provide written notification using the Adoption Leave Notification Form (AL/1) of their intention to take the leave, no later than seven days after the date the agency or local authority notifies the colleague they have matched them with a child.

The notification form must specify the date the child is expected to be placed with the colleague, the date the colleague intends to start their leave and be supported by a copy of the 'matching certificate' from the Adoption Agency.

 

Overseas adoptions

Where a colleague is adopting a child from overseas, the colleague must provide written notification within 28 days of receiving official notification (Or if the colleague has less than 26 weeks continuous service, within 30 weeks of starting employment).

Colleagues must also give us at least 28 days' notice in writing of when their child is expected to arrive in the UK and their intended adoption leave start date. This can be the date the child arrives in the UK or no more than 28 days after the child's arrives in the UK. 

Colleagues must also notify us of the actual date the child arrives in Great Britain within 28 days of that date. We may ask for a copy of the Official Notification and evidence of this.

 

Surrogacy

In a surrogacy case, colleagues must tell us in writing of their intention to take adoption leave and give the expected week of childbirth (EWC). Colleagues must give this information by the end of the 15th week before the EWC, or if that is not reasonably practicable, as soon as they can. When the child is born the colleague must tell us the date of birth.

 

Changes to leave dates

Colleagues may bring forward their adoption leave provided that they notify their manager in writing at least 28 days before the new start date or, if that is not possible, as soon as reasonably practicable. Colleagues may also postpone the adoption leave, provided that they notify their manager in writing at least 28 days before the original proposed start date or, if that is not possible, as soon as reasonably practicable.

 

 

Time off for Appointments

 

The Society is keen to support families involved in the adoption process. As such, colleagues who are the main adopter can take up to five days paid time off work to go to five adoption appointments. If the colleague is the co-adopter they can take up to two days unpaid time off work to go to two adoption appointments. Although the time off for a co-adopter is unpaid, the Society will do its best to limit the effect such as agreeing for the colleague to make up the time where it’s possible.

Adoption appointments are those that have been made by an adoption agency or Local Authority relating to a child being placed for adoption, or for a Fostering for Adoption placement. Line Managers should be informed as soon as possible where such appointments are scheduled to take place during work time so that necessary cover can be arranged. Colleagues are required to provide reasonable documentary evidence confirming the appointment. The main adopter will only be paid for the time spent at the appointment, which falls within their scheduled work time.

 

 

Adoption Leave Period

 

Leave can start on any day of the week from the date of the child's placement (whether this is earlier or later than expected), or from a fixed date which can be up to 14 days before the expected date of placement.

Only one period of leave will be available irrespective of whether more than one child is placed for adoption as part of the same arrangement. If the child's placement ends during the adoption leave period, the adopter will be able to continue adoption leave for up to eight weeks after the end of the placement.

In a surrogacy case, adoption leave will start on the day the child is born, unless the colleague is at work, in which case it will start on the following day. Colleagues cannot change the start date.

Only one parent can take adoption leave. If the colleague’s spouse or partner takes adoption leave with their employer the colleague may be entitled to paternity leave. In some cases the colleague may also qualify for shared parental leave.

 

 

Adoption Pay

 

The Society offer colleagues enhanced adoption pay, where colleagues qualify for statutory adoption pay (SAP).

 

Colleagues qualify for SAP if: 

• They have been continuously employed by the Society for at least 26 weeks by the week they were matched with a child.

• Their average weekly earnings are not less than the lower earnings limit set by the government.

• They give the correct notice.

• They give proof of the adoption or surrogacy.

If a colleague does not qualify for SAP, the colleague should contact their Adoption Agency about other financial support available.

Income tax and national insurance is payable on EAP earnings, and it is payable whether the colleague intends on returning to work or not.  EAP is payable on the Society’s published four weekly pay dates.

 

Enhanced Adoption Pay 

	Week 1 - 8	Week 9 – Week 21	Week 21 - 39
Enhanced Maternity Pay	Full pay – based on average contractual earnings	Half pay – based on average contractual earnings	SAP – the amount set by the government or 90% of average earnings whichever is lower.

 

*Please note where the EMP amount due is less than the SMP provision, only SMP will be payable.

 

 

Terms and Conditions and Benefits During Adoption Leave

 

Apart from any conditions relating to salary and pay, all other contractual terms and conditions will continue during adoption leave. However, salary will be replaced by EAP (if eligible), and colleagues will be paid via payroll as usual. For details on how your Society benefits may be affected during this time, for example, salary sacrifice schemes, please contact the rewards and benefits team at your.benefits@midcounties.coop.

Colleagues will continue to accrue annual leave during their adoption leave and will need to make arrangements with their manager to take leave in accordance with normal procedures.  Colleagues should make arrangements with their line manager to take their full contractual holiday entitlement for the holiday year, wherever possible, prior to commencing adoption leave, or between their return to work and the end of the holiday year. Where this is not possible, colleagues on adoption leave are able to carry over their unused holiday entitlement to the next holiday year. This should be agreed with the line manager prior to the adoption leave commencing. For further information regarding carrying over annual leave entitlement, colleagues should refer to the Society’s Annual Leave Policy.

For details of how pension is treated during adoption leave please contact the Pension Manager at Helen.Flint-Hill@midcounties.coop.

 

 

Keeping in Touch (KIT)

 

We may make reasonable contact with a colleague from time to time during their adoption leave although we will keep this to a minimum. This may include contacting the colleague to discuss arrangements for their return to work.

A colleague may, with the agreement of their line manager, carry out up to 10 days' work during their adoption leave period without bringing the adoption leave to an end. In accordance with legislation, any work carried out on for part of a day shall constitute a full day's work for the purposes of pay and KIT day entitlement.

Work means any work done under the contract of employment and may include training, attending meetings and committees or any activity undertaken for the purposes of keeping in touch with the workplace.

It should be noted however, that this provision does not confer any right on the Society to require any work to be carried out during the statutory adoption leave period, nor any right on the colleagues to request work during this period. Also, there is no obligation on either the society or the colleague to make use of these days.

Keeping in Touch (KIT) Day (During Adoption Leave) Form AL/5 can be found here.

 

 

Returning to Work

 

If a colleague intends to return to work at the end of their full adoption leave period entitlement, he or she is not required to give notice of their return. However, if a colleague wants to extend their adoption leave (subject to the maximum of 52 weeks), return earlier than a date previously specified or is planning not to return, he or she is required to give 8 weeks’ notice of this intention.

However, if a colleague would like additional leave at the end of their full adoption leave period entitlement a colleague may request paid additional leave in accordance with their contract or request ordinary parental leave (see the Parental leave section of this policy), subject to the needs of the Society.

If a colleague does not intend to return to work, or are unsure, it is helpful if they discuss this as early as possible with their line manager or relevant HR Advisor. If a colleague decides not to return they should give notice of resignation in accordance with their contract.

If a colleague wants to change their hours or other working arrangements on return from adoption leave they should make a request under our Flexible Working Policy. It is helpful if such requests are made as early as possible.

At the end of the adoption leave period, the colleague has the right to return to the same job as before, or if not practicable, to as similar job as possible with the same or better status and terms and conditions.

 

 

Repayment

 

Where a colleague qualifies for EAP and fails to return to the Society for a minimum of 12 weeks after adoption leave (paid and unpaid period of leave)  the Society will look to reclaim the enhancement paid to the colleague (the difference between enhanced adoption pay and statutory adoption pay), unless the colleague has left due to redundancy.

 

Shared Parental Leave

 

Shared parental leave gives parents more flexibility in how to share the care of a child in the first year after their birth or after they are adopted. Where eligible colleagues can choose how to split the available leave between parents and can decide to be off work at the same time or at different times. Colleagues may also be able to take leave in more than one block.

 

Entitlement

 

The total amount of shared parental leave available is 52 weeks, less the weeks of maternity/adoption leave taken by either the colleague or their partner (or the weeks in which colleague or partner have been in receipt of statutory maternity pay, statutory adoption pay or maternity allowance periods).

Colleagues cannot start shared parental leave until after the compulsory maternity/adoption leave period, which lasts until two weeks after birth, or the first two weeks of adoption leave. Please refer to our maternity leave or adoption leave section of this policy for further details.

Where a colleague’s partner is taking maternity/adoption leave or claiming statutory maternity/adoption pay, the colleague should consider using two weeks' paternity leave before taking shared parental leave. Once a period of shared parental leave has begun any untaken paternity leave entitlement will be lost. Shared parental leave entitlement is additional to a colleague’s paternity leave entitlement. Please refer to our paternity leave section for further details).

If both parents qualify and choose to opt in to shared parental leave, they will be able to choose how to split the available leave and can decide to be off work at the same time or at different times. Shared parental leave may also be taken in more than one block. All shared parental leave needs to be taken by the child’s first birthday or within 52 weeks of a child being placed for adoption.

 

 

Opting in to Shared Parental Leave and Pay

 

To opt in to shared parental leave colleagues must notify the Society in writing no less than eight weeks before the date they intend for the shared parental leave to start.

Colleagues must complete the relevant SPL1 curtailment opt in notice form (please note there are different versions of this form for different circumstances) and send it the Payroll Department & HR (familyleave@midcounties.coop).

• Form SPL1A (colleagues who have been on or intend to take maternity or adoption leave)

• Form SPL1B (colleagues who are the father/co-adopter or partner of the mother/main adopter)

 

 

Ending Maternity Leave or Adoption Leave

 

Where a colleague is taking or intend to take maternity/adoption leave and want to opt into the shared parental leave scheme, they must give the Society at least 8 weeks’ notice to end the maternity/adoption leave.  To do this, they must complete the SPL1 curtailment opt in notice form (please note there are different versions of this form for different circumstances) and send it to HR (familyleave@midcounties.coop), or a written declaration that the other parent has given their employer an opt-in notice and the colleague have given the necessary declarations in that notice.

The curtailment notice is binding and cannot be changed or withdrawn. It can only be withdrawn if maternity leave has not yet ended and one of the following applies:

• if it is realised that neither the colleague nor the other parent is in fact eligible for shared parental leave or shared parental pay, in which case the colleague can withdraw the curtailment notice in writing up to eight weeks after it was given;

• if the curtailment notice was given before giving birth, it can be withdrawn in writing up to six weeks after birth; or

• if the other parent has died.

The other parent may be eligible to take shared parental leave from their employer before maternity leave ends, provided the colleague has given the curtailment notice.

Once a curtailment notice has been revoked a colleague cannot opt back into the shared parental leave scheme, unless the curtailment notice was given before giving birth and evoked in writing up to six weeks after birth.

 

 

 

Ending a Partner’s Maternity/Adoption Leave or Pay

 

Where a colleague’s partner is taking maternity/adoption leave or claiming statutory maternity pay or maternity allowance, they will only be able to take shared parental leave once their partner has either:

• returned to work; or

• given their employer a curtailment notice to end maternity leave/adoption leave.

 

 

Evidence of Entitlement

 

Colleagues may be asked to provide:

• A copy of the birth certificate (or if this has not yet been obtained a birth certificate, a signed declaration of the child's date and place of birth) or one or more documents from the adoption agency showing the agency’s name and address and the expected placement date; and

• The name and address of the partners employer (or a declaration that they have no employer).

 

 

Notification

 

Having opted into the shared parental leave system, the colleague will need to complete and return a period of leave notice form (SPL2 form). This may be given at the same time as the opt-in notice (SPL1 form) or later, provided it is at least eight weeks before the start of shared parental leave.

Colleagues can give up to three period of leave notices and leave must be taken in blocks of at least one week.                           

If the period of leave notice gives a single continuous block of shared parental leave the colleague will be entitled to take the leave set out in the notice.

Colleagues can also ask to take shared parental leave in more than one discontinuous block. For example, take four weeks leave then return to work for four weeks and then take another four weeks leave. This can be done as up to three separate blocks of shared parental leave.

We will need to consider the impact on the business of taking the leave in discontinuous blocks. Colleagues should discuss this with their manager before submitting a period leave notice where possible. If we have any concerns about the request for blocks of leave, we will arrange to meet the colleague during a two-week discussion period. At the end of the period the agreement will be confirmed in writing.

If we cannot agree to the request for leave in blocks, the colleague will be entitled to the full amount of requested shared parental leave as one continuous block. That will commence on the start date given in the notice (for example, if the colleague requested three separate periods of four weeks each, they will be combined into one twelve-week period of leave). Alternatively, colleagues may:

• choose a new start date (which must be at least eight weeks after the date the notice was submitted requesting split periods of leave), and tell the Society within five days of the end of the two-week discussion period; or

• withdraw the notice and tell the Society within two days of the end of the two-week discussion period (in which case it will not be counted as a period of leave notice, and the colleague may submit a new one if they choose).

 

 

Making Amendments to Shared Parental Leave

 

Colleagues can cancel a period of leave by notifying the Society in writing at least eight weeks before the start date in the period of leave notice.

Colleagues can change the start date, end date or combine discontinuous periods of leave they will also need to complete and return a SPL2 period of leave notice form at least eight weeks before the original start date or the new start date, whichever is earlier.

A notice to change or cancel a period of leave will count as one of the three period of leave notices, unless:

• it is a result of the child being born earlier or later than the expected week of childbirth or the child is placed with the colleague earlier or later than the expected placement date;

• the colleague is cancelling a request for discontinuous leave within two days of the end of the two-week discussion period;

• it is at the Society’s request; or

• we agree otherwise.

 

 

Shared Parental Pay

 

The Society offer colleagues Enhanced Shared Parental Leave Pay (ESPLP). To qualify for ESPLP a colleague and their partner both need to meet the eligibility criteria for shared parental leave detailed above.

ESPLP of up to 39 weeks (less any weeks of statutory maternity pay/statutory adoption pay or maternity allowance claimed) may be available provided:

• colleagues have at least 26 weeks continuous employment with the Society at the end of the qualifying week (the fifteenth week before the expected week of childbirth/the matching week); and

• their average earnings are not less than the lower earnings limit set by the government each tax year.

 

Enhanced Shared Parental Pay  

 

	6 Weeks – Week 2-8 (following 2 weeks compulsory maternity/adoption leave)	Week 9 – Week 21 (following the start date of maternity/adoption leave)	Week 21 - 39 (following the start date of maternity/adoption leave)
Enhanced Shared Parental Pay	Full pay – based on average contractual earnings.	Half pay – based on average contractual earnings.	SAP – the amount set by the government or 90% of average earnings whichever is lower.

 

 

For those colleagues who qualify for SSPLP, it is currently (April 2022) paid at the rate of £156.66 a week or 90% of their average weekly earnings, whichever is lower.

This is the same as Statutory maternity/adoption pay except that during the first 6 weeks statutory maternity/adoption pay is paid at 90% of what the colleague earns.

If the average weekly earnings are below the lower earnings limit set by the government, such colleagues will not qualify for SSPLP.

 

 

Terms, Conditions and Benefits During Shared Parental Leave

 

Apart from any conditions relating to salary and pay, all other contractual terms and conditions will continue during shared parental leave. However, salary will be replaced by SSPLP (if eligible), and colleagues will be paid via payroll as usual. For details on how your Society benefits may be affected during this time, for example, salary sacrifice schemes, please contact the rewards and benefits team at your.benefits@midcounties.coop.

Colleagues will continue to accrue annual leave during shared parental leave and will need to make arrangements with their manager to take leave in accordance with normal procedures.

Colleagues should make arrangements with their line manager to take their full contractual holiday entitlement for the holiday year, wherever possible, prior to commencing shared parental leave, or between their return to work and the end of the holiday year. Where this is not possible, colleagues on share parental leave are able to carry over their unused holiday entitlement to the next holiday year. This should be agreed with the line manager prior to the leave commencing. For further information regarding carrying over annual leave entitlement, colleagues should refer to the Society’s Annual Leave Policy.

For details of how pension is treated during shared parental leave please contact the Pension Manager at Helen.Flint-Hill@midcounties.coop.

 

 

Keeping in Touch

 

A colleague may, with the agreement of their line manager, carry out up to 20 ‘shared parental leave in touch’ (SPLIT) days without bringing the leave to an end. That may include training or attending meetings. Colleagues will be paid at their normal basic rate of pay for time spent working on a SPLIT day and this will be inclusive of any shared parental pay entitlement.

Colleagues can take a SPLIT day at any time during their shared parental leave, provided it is agreed with their line manager. A SPLIT day form must be completed and can be found here.

SPLIT days are not compulsory.

 

 

Returning to Work

 

If a colleague intends to return to work at the end of their full shared parental leave period entitlement, they are not required to give notice of their return.

If a colleague wants to extend their shared parental leave (assuming they still have unused shared parental leave entitlement), return earlier than a date previously specified or are planning not to return, they are required to give 8 weeks’ notice of this intention. Where a colleague has already given three period of leave notices they will not be able to extend their shared parental leave without the Society’s agreement. Colleagues may instead be able to request annual leave or ordinary parental leave (see the parental leave section of this policy), subject to the needs of the Society.

Colleagues who return to work within 6 months of giving birth are required to complete a Health and Safety Risk Assessment for New and Expected Mother’s Form (form ML2). A copy of the completed form should be sent to their HR Advisor.

If a colleague does not intend to return to work, or are unsure, it is helpful if they discuss this as early as possible with their line manager or relevant HR Advisor. If a colleague decides not to return they should give notice of resignation in accordance with their contract.

If a colleague wants to change their hours or other working arrangements on return from maternity leave they should make a request under our Flexible Working Policy. It is helpful if such requests are made as early as possible.

All colleagues have a statutory right to short periods of unpaid leave in order to make arrangements to deal with family emergencies. Colleagues should refer to the Emergency Leave Policy.

At the end of the shared parental leave period, the colleague has the right to return to the same job as before, or if not practicable, to as similar job as possible with the same or better status and terms and conditions.

 

 

Repayment

 

Where a colleague qualifies for ESPLP and fails to return to the Society for a minimum of 12 weeks after adoption leave (paid and unpaid period of leave)  the Society will look to reclaim the enhancement paid to the colleague (the difference between enhanced shared parental leave pay and statutory shared parental leave pay), unless the colleague has left due to redundancy.

Parental Leave

Parental leave is a form of statutory unpaid leave available to some working parents in addition to statutory maternity, paternity, adoption and shared parental leave.

 

 

Entitlement

 

Colleagues with at least one years’ continuous service, who are responsible for a child under the age of 18 are entitled to take up to 18 weeks’ unpaid parental leave to care for their child. Colleagues can take up to 4 weeks of this leave in any one year. This leave is per child and both parents can take parental leave for the same child.

Any parental leave taken while working for another employer counts towards the 18 week entitlement. If colleagues have taken parental leave during previous employment, they should provide details to their line manager.

Leave can start once the child is born or placed for adoption with the colleague or as soon as the colleague has completed one years’ service, whichever is later.

 Leave must be taken in units of whole weeks rather than individual days, but leave can be taken as individual days where the child has a disability.

 

 

Notification

 

Colleagues must provide written notification of their intention to take parental leave by submitting a Parental Leave notification form (form PARL1) to their line manager and to MaternityPaternity@midcounties.coop.

Colleagues must give 21 days’ notice before the start of their parental leave and must also confirm the date when the period of parental leave is due to end. This also applies to colleagues who wish to take parental leave immediately after their maternity, paternity adoption or shared parental leave ends. 

Where a colleague wishes to take leave immediately following the birth or adoption of a child, notice must be given to the Society 21 days before the “expected week of childbirth” or notification of placement in the case of adoption.

 

Parental Leave notification form (form PARL1)

 

 

Requests

 

Although we will always try to accommodate a colleague’s request for parental leave, the Society has the right to postpone a requested period of parental leave for up to six months where the requested leave would unduly disrupt our business. The Society will not postpone parental leave if a colleague has requested it to start immediately on the birth or adoption of a child.

 

 

Terms and Conditions and Benefits During Parental Leave

 

Whilst on parental leave, the contract of employment continues in force. All the terms and conditions of the contract continue with the exception of salary. Colleagues will continue to accrue annual leave during their parental leave and should, therefore, agree with their line manager to take leave in accordance with normal procedures. For details on how your Society benefits may be affected during this time, for example, salary sacrifice schemes, please contact the rewards and benefits team at your.benefits@midcounties.coop.

For details of how pension is treated during parental leave please contact the Pension Manager at Helen.Flint-Hill@midcounties.coop.

At the end of the parental leave period, the colleague has the right to return to the same job as before, or if not practicable, to as similar job as possible with the same or better status and terms and conditions.