PARENTAL LEAVE: A GUIDE FOR LINE MANAGERS - PARENTAL LEAVE
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PARENTAL LEAVE | 1 PARENTAL LEAVE: A GUIDE FOR LINE MANAGERS
2 | PARENTAL LEAVE PARENTAL LEAVE | 3
FOREWORD FROM LEAD OF
PROGRAMME – CATHY KENNEDY
As a Line Manager, when a member of staff arrives at your door with
the joyful news that they are expecting an addition to the family,
the happiness can be followed with worry. This can be due to:
• Feeling the pressure to navigate and be up to date with the latest employment law
• Wanting to support the individual to work up until the commencement of the leave but
wondering how to support them well
• Wondering how to keep in touch with the individual during the leave
• Wanting to support the individual in the best way possible upon their return, to keep their
skills, knowledge, and expertise within the team
• When to backfill the post of the individual going on maternity leave, to suit both the
organisation and individual going on maternity leave.
Add to that the need to consider an appropriate solution for covering their post during the leave,
and for a Line Manager that has little experience in supporting a team member through parental
leave, it can all feel a little overwhelming.
Research conducted by One NHS Finance into experiences within the finance community of
returning from long term leave has shown that where this has been a good experience, great
support from the Line Manager and colleagues is often cited.
However, as a Line Manager with limited or no experience of parental leave, where do you
look for support to make the process a happy and supported one for your team member?
The first port of call will, and always should be your organisation’s HR support, and your own
organisational policies. You could also look for peer support from your colleagues and from your
own Leadership team. However, this resource pack also provides you with a helpful checklist of
things to consider, so that you can be as prepared as you can be for this, and any future parental
leave requests.
With information, links to information and resources, case studies and Q&A videos, this resource
pack is split into 3 sections:
1) HR and Employment Law
2) Keeping in Touch
3) Returning to Work
It includes best practice and examples of approaches used within and outside of the NHS, which
may give you ideas as to improvements that could be introduced back into your organisation.
Whether you dip into certain sections, utilise it as support for that first Line Manager experience
of Parental Leave, or refer back to it time and time again as a refresher, we hope that you get a
lot out of this pack and that it helps to make the experience the best that it can be for you and
for the family concerned.
Cathy Kennedy,
Director of Operational Finance (Yorkshire & Humber)
NHS England and NHS Improvement – North East and Yorkshire
4 | PARENTAL LEAVE PARENTAL LEAVE | 5
CONTENTS 01 – HR AND EMPLOYMENT LAW
When considering the HR rules and Employment Law relating to
Parental Leave, your first step is to seek support from your HR
THE SECTIONS IN THIS GUIDE INCLUDE: partner within your organisation. It is also useful to refer to your
organisation’s intranet to get up to speed with organisational
01
policies around parental leave.
HR AND EMPLOYMENT LAW
One NHS Finance research found that 66% of responders would refer to the organisation’s
02
intranet for information about their rights, and 43% of responders stated that they would speak
with their Line Manager. As a Line Manager, it is worth doing your own research, and making
KEEPING IN TOUCH sure that you are aware of all of the available options.
This section provides a summary of the employment law and how it is implemented within the
03
NHS. If you feel that any of this in anyway is in contradiction to your own policies, please speak
with your HR department.
RETURNING TO WORK
MATERNITY RIGHTS
STATUTORY RIGHTS
As per current NHS policy - when a staff member is pregnant,
they are entitled to up to a year (52 weeks) of maternity leave,
no matter how long they have worked for their organisation.
They will have a range of rights during this period. Their
employment terms (for example, pension contributions and
holidays) are protected whilst they’re on Statutory Maternity
Leave. More information of current NHS policy in relation to
Maternity rights.
The government website states that Statutory Maternity
Leave is 52 weeks and is made up of:
• Ordinary Maternity Leave – first 26 weeks
• Additional Maternity Leave – last 26 weeks
Staff members on Maternity Leave do not have to take 52
weeks but they must take 2 weeks’ leave after their baby is
born.
6 | PARENTAL LEAVE PARENTAL LEAVE | 7
– t he length of any period of accrued annual leave which it
has been agreed may be taken following the end of the MATERNITY PAY
formal maternity leave period;
– the need for the employee to give at least 28 days of
Where an employee is eligible for payment through the
notice if they wish to return to work before the expected
NHS Occupational Maternity Pay Scheme and is intending
return date.
to return to work, the individual is eligible to:
• The health and safety of the individual during their
• First 8 Weeks: the employee will receive full pay, less
pregnancy (and post birth) requires the employer to carry
any Statutory Maternity Pay or maternity allowance
out a risk assessment of the employee’s working conditions.
(including any dependants’ allowances) receivable
Speak to your Health and Safety team for help in carrying
this out and ensure that agreed recommendations for any • Next 18 Weeks: the employee will receive half of full pay,
adaptions are made. If it is found that it is unsafe for the plus any Statutory Maternity Pay or maternity allowance
individual to continue with their normal duties, please speak (including any dependents’ allowances) receivable,
to your HR support re the available options. providing the total receivable does not exceed full pay
• Pregnant employees have the right to paid time off for • Next 13 Weeks: the employee will receive any Statutory
antenatal care. Antenatal care includes relaxation and parent- Maternity Pay or maternity allowance that they are
craft classes as well as appointments for antenatal care. entitled to under the statutory scheme
• Prior to the individual going on Maternity Leave it is worth • Last 13 Weeks: the employee receives no pay.
discussing how you will keep in touch with one another
during the period of leave. It is unlikely that the individual
will access their work email or work phone, and therefore
Under Agenda for Change terms and conditions, the period of
an alternative option should be agreed. It is also worth
13 weeks of unpaid leave can be extended by local agreement
discussing and agreeing the likely frequency of check ins,
If the employee does not meet the criteria for accessing the in exceptional circumstances, for example, where employees
accepting that this requirement may change during the
NHS occupational maternity pay scheme they will still be have sick pre-term babies or multiple births, taking the total
period of leave. See the next section for more information on
NHS OCCUPATIONAL MATERNITY PAY SCHEME eligible to claim either statutory maternity pay or maternity keeping in touch during the maternity leave period.
number of weeks of maternity leave beyond 52 weeks.
allowance. If the individual is only eligible for statutory maternity pay
• Your organisational policy may already suggest this,
they will receive 90% of their average weekly earnings for the
n employee can access paid and unpaid maternity leave
A and if not, remember to acknowledge the birth with a
first 6 weeks, followed by £151.97 or 90% of their average
congratulatory letter to the employee and their family.
under the NHS occupational maternity pay scheme if: LINE MANAGER RESPONSIBILITIES weekly earnings (whichever is lower) for the next 33 weeks.
Maternity Allowance is £151.97 or 90% of their average weekly
• they have 12 months’ continuous service with one or more Please check with your HR department as to what you will earnings (whichever is lower) for 39 weeks. Check with your
NHS employers at the beginning of the 11th week before need to action locally and what will be carried out centrally payroll department and HR to determine which allowance the
the expected week of childbirth; by the HR department (your organisational policy should state individual is eligible for if they are not eligible for payment
this) but as a minimum you need to ensure that the following through the NHS Occupational Maternity Pay Scheme.
• they notify their employer in writing before the end of
has happened:
the 15th week before the expected date of childbirth (or
With agreement, the employee can be paid their maternity
if this is not possible, as soon as is reasonably practicable • The employee has put in writing their intention take leave in equal instalments across their period of maternity.
thereafter): maternity leave, the date that they wish it to start, that they However, if they then change their date of return and/or
intend to return to NHS Employment for a minimum of 3 choose to access shared parental leave, their employer will
– of their intention to take maternity leave;
months and have provided their Mat B1 form before the need to recalculate the payments to ensure that under or over
– of the date they wish to start their maternity leave – they end of the 15th week before the expected date of childbirth. payment is not incurred.
can choose when to start their maternity leave – this can This may be a completed form the Organisational Policy with
usually be any date from the beginning of the 11th week the Mat B1 form attached. Check the policy as to where this
before the baby is born; needs to be kept on file.
OTHER CONSIDERATIONS
– that they intend to return to work with the same or • Meeting held with the employee to discuss the following,
and then formally put in writing to the employee (again Under Agenda for Change terms and conditions there are
another NHS employer for a minimum period of three
check if this is carried out locally, with the HR team or a number of things to consider within the calculation of
months after their maternity leave has ended;
completely by the HR team): maternity pay including:
– a nd provides a MATB1 form from their midwife or GP
– the employee’s paid and unpaid leave entitlements under • How to action pay awards and increment payments during
giving the expected date of childbirth.
the NHS Occupational Maternity Pay Scheme or their the leave period
statutory entitlements if the employee does not qualify • Treatment of sickness payments (half or no pay periods)
under this agreement; when calculating the average weekly earnings
The staff member can change the start date of their maternity
leave by informing their employer at least 28 days beforehand – unless an earlier return date has been given, by the • Treatment of maternity payments (half pay, statutory or no
(or, if this is not possible, as soon as is reasonably practicable employee, their expected return date, based on their 52 pay periods) when calculating the average weekly earnings
beforehand). weeks paid and unpaid leave entitlement;8 | PARENTAL LEAVE PARENTAL LEAVE | 9
For individual circumstances, we advise that you speak was born before the 11th week before the expected week of
ADOPTION LEAVE
with your payroll and HR team, who will be calculating the childbirth, maternity leave will start the day after the birth.
maternity leave payments for the individual.
Where an employee’s baby is born before the 11th week
Pregnancy related illness in the last 4 weeks before expected before the expected week of childbirth and the baby is
birth, will usually result in the commencement of maternity in hospital, the employee may split their maternity leave
leave (although odd days of sickness during this period can entitlement, taking a minimum period of two weeks’ leave
be disregarded). Check with your HR department re your immediately after childbirth and the rest of their leave STATUTORY RIGHTS LINE MANAGER RESPONSIBILITIES
organisational policy and the date when the maternity leave following their baby’s discharge from hospital.
will start. All employees have the right to take 52 weeks of adoption leave. Please check with your HR department as to what you will
In the sad event where an employee’s baby is stillborn after need to action locally and what will be carried out centrally by
Pregnancy related illness before the last 4 weeks of pregnancy the end of the 24th week of pregnancy, the employee will be Employees being assessed for adoption have the right to the HR department (your organisational policies should state
will be treated as sickness absence. entitled to the same amount of maternity leave and pay as if reasonable paid time off for essential meetings. this) but as a minimum you need to ensure that the following
their baby was born alive. In the event where an employee has has happened:
Where the baby is born prematurely, and where an employee’s a miscarriage before the start of the 25th week of pregnancy,
baby is born before the 11th week before the expected week
of childbirth, maternity leave will commence from the first
normal sickness absence provisions will apply as necessary. NHS OCCUPATIONAL ADOPTION PAY SCHEME • The employee has put in writing their intention to take
adoption leave, the date that they wish it to start, that they
day of employee absence, and the employee is entitled to Check your local policies as there may be arrangements that intend to return to NHS Employment for a minimum of 3
the same maternity leave and pay as if their child was born have been agreed that provide greater benefits than those months and have provided written confirmation from the
full term. If the individual was on sick leave when the baby outlined within Agenda for Change terms and conditions.8 An employee is entitled to paid and unpaid adoption leave placing authority of the matching decision or a parental
under the NHS occupational adoption pay scheme if: order. Check the policy as to where this information needs to
be kept on file.
• they are the primary carer in the adoption arrangement
made by an official adoption agency, or they are the • Meeting held with the employee to discuss the following,
intended parent through a surrogacy arrangement and and then formally put in writing to the employee (again
commit to applying for a parental or adoption order (see check if this is carried out locally, with the HR team or
NEW PARENT SUPPORT LEAVE AND PAY
https://www.gov.uk/legal-rights-when-using-surrogates- completely by the HR team):
and-donors); and
– t he employee’s paid and unpaid leave entitlements under
• they have 12 months’ continuous service with one or the NHS Occupational Adoption Pay Scheme (or statutory
more NHS employers by either: entitlements if the employee does not qualify under this
agreement);
This provision builds on statutory paternity leave and pay and Only one period of new parent support pay is ordinarily – t he beginning of the week in which they are notified of
applies to the father of the child (including adoptive fathers), available when there is a multiple birth. being matched with a child for adoption; or – u
nless an earlier return date has been given by the
the mother’s spouse or partner (whether opposite or same employee, their expected return date, based on their
If taken, this does not reduce the number of weeks available – t he 15th week before the baby’s due date if applying
sex) or nominated carer. 52 weeks paid and unpaid leave entitlement under this
to the parents through Shared Parental Leave (see following via a surrogacy arrangement and where the employee
agreement; and
NHS organisations have scope locally to agree more favourable section). is eligible and intends to apply for a parental order;
arrangements where they consider it necessary, or further – t he length of any period of accrued annual leave which it
Employees who are not eligible for the two weeks of pay • they notify their employer in writing before the end of
periods of unpaid leave on an individual basis. has been agreed may be taken following the end of the
during their new parent support leave may still be entitled the week in which they are notified of being matched
formal adoption leave period;
All eligible employees are entitled to two weeks of new parent to statutory paternity pay subject to meeting the qualifying with a child for adoption, or by the 15th week before the
support leave which can be taken around the time of the birth conditions described in the relevant legislation baby’s due date if applying via a surrogacy arrangement: – t he need for the employee to give at least 28 days of
or the placement of the child for adoption. notice if they wish to return to work before the expected
Like Maternity Leave, their employment rights are protected – of their intention to take adoption leave;
return date.
Employees granted new parent support leave will receive full while on New Parent Support Leave.
– of the date they wish to start their adoption leave;
pay during this period if they have 12 months’ continuous • Prior to the individual going on Adoption Leave it is worth
service with their or any other NHS employer before they take Staff are also able to get time off to accompany their partner discussing how you will keep in touch with one another
– t hat they intend to return to work with the same or
their leave. (or the surrogate mother) to 2 antenatal appointments. If they during the period of leave. It is unlikely that the individual
another NHS employer for a minimum period of three
are adopting a child, they can get time off to attend 2 adoption will access their work email or work phone, and therefore
months after their adoption leave has ended;
Full pay will be calculated on the basis of the average weekly appointments after they’ve been matched with a child. an alternative option should be agreed. It is also worth
earnings rules used for calculating occupational maternity / – a nd provide written confirmation from their placing discussing and agreeing the likely frequency of check ins,
adoption pay entitlements. The employee will receive full pay Check your local policies as there may be arrangements that
authority of the matching decision or a parental accepting that this requirement may change during the
less any statutory paternity pay receivable. have been agreed that provide greater benefits than those
statutory declaration that they intend to apply for a period of leave. See the next section for more information on
outlined within Agenda for Change terms and conditions.
parental order in the case of a surrogacy arrangement. keeping in touch during the leave period.
• Your organisational policy may already suggest this, and if
not, remember to acknowledge the placement or birth with
If the employee needs to change the date from which they a congratulatory letter to the employee and their family.
wish their adoption leave to start, they should notify their
employer at least 28 days beforehand or, if this is not possible,
as soon as is reasonably practicable beforehand.10 | PARENTAL LEAVE PARENTAL LEAVE | 11
ADOPTION LEAVE PAY OTHER CONSIDERATIONS
Under Agenda for Change terms and conditions there are a
number of things to consider within the calculation of adoption
Where an employee is eligible for payment through the leave pay including:
NHS Occupational Adoption Pay Scheme and is intending to
return to work, the individual is eligible to: • How to action pay awards and increment payments during
the leave period
• First 8 Weeks: the employee will receive full pay, less any
Statutory Adoption Pay receivable • Treatment of sickness payments (half or no pay periods)
when calculating the average weekly earnings
• Next 18 Weeks: the employee will receive half of full pay,
plus any Statutory Adoption Pay receivable, providing the • Treatment of adoption leave payments (half pay, statutory
total receivable does not exceed full pay or no pay periods) when calculating the average weekly
earnings
• Next 13 Weeks: the employee will receive any Statutory
Adoption Pay that they are entitled to under the statutory For individual circumstances, we advise that you speak with
scheme your payroll and HR team, who will be calculating the adoption
leave payments for the individual.
• Last 13 Weeks: the employee receives no pay.
Prospective adopters who have been approved by their
Under Agenda for Change terms and conditions, the period adoption agency under a “concurrent” or “fostering for
of 13 weeks of unpaid leave can be extended by local adoption” arrangement may choose to start their adoption
agreement in exceptional circumstances. leave when a fostering placement is made or when the child
is matched with them for adoption. Only one set of adoption
If the individual is not eligible for the NHS Occupational
leave is payable per placement. Receipt of fostering allowances
Adoption Pay Scheme they will receive Statutory Adoption
and payments during the fostering phase of placement will not
Pay. Statutory Adoption Pay is paid for up to 39 weeks. The
affect any adoption pay payable under this agreement.
weekly amount is:
In the unfortunate case of adoption disruption, where the
• 90% of your average weekly earnings for the first 6 weeks
adoption breaks down, the employee will be entitled to
• £151.97 or 90% of your average weekly earnings continue their adoption leave and receive the appropriate
(whichever is lower) for the next 33 weeks payment for that time.
By prior agreement with the employer, occupational adoption
For an employee to qualify for adoption leave and or pay
resulting from an overseas adoption, they must: SHARED PARENTAL LEAVE
pay may be paid in a different way, for example a combination • tell their employer the date of the official notification
of full pay and half pay, or a fixed amount spread equally over (permission from a GB authority for an adoption abroad) and
the adoption leave period. Where occupational adoption the estimated date that the child will arrive in Great Britain.
pay has been paid in a different way, and the employee This must be done within 28 days of receipt of the official STATUTORY RIGHTS
notification; • Leave and pay can be shared following the first 2 weeks
subsequently chooses to access shared parental leave and pay, NHS guidance states that staff members may be entitled after their baby’s birth or placement for adoption. This
the employer will need to recalculate payments to ensure that to share parental leave and pay with their partner. Shared
• tell their employer the actual date the child arrives in GB means up to 50 weeks of leave and 37 weeks of pay can
there has not been any over or underpayment of entitlements. parental leave and pay can be taken at any time within one
within 28 days of this date; be shared.
year from the birth or placement for adoption, providing two
• provide their employer with a minimum of 28 days’ notice of weeks’ compulsory maternity or adoption leave has been • Staff do not have to take all of their Shared Parental Leave
when they wish to commence their adoption leave and pay taken first. at the same time.
(noting that adoption leave can only commence after the
child has entered GB and must start no later than 28 days Shared Parental Leave is designed to give parents the flexibility
after the child has entered GB); to decide when to return to work and allow families to spend
time together in the early stages of a child’s life. Employees • Staff can take Shared Parental Leave in up to 3 blocks
• provide appropriate documentation and proof of the need to end their maternity or adoption leave in order to (each block must be a minimum of 1 week) and return
adoption to the employer including but not limited to the access Shared Parental Leave. Parents can take up to 52 weeks to work in between. If both partners are taking Shared
official notification and evidence that the child has entered of Shared Parental Leave minus any maternity or adoption Parental Leave, they can have 3 blocks of leave each.
Great Britain. leave weeks already taken.
• Shared Parental Leave can be taken by both parents at
Check your local policies as there may be arrangements that the same time so a staff member and their partner can
have been agreed that provide greater benefits than those spend time at home together with their baby.
outlined within Agenda for Change terms and conditions. • Staff must share the pay and leave in the first year after
their child is born or placed with their family12 | PARENTAL LEAVE PARENTAL LEAVE | 13
• Prior to the individual going on Shared Parental Leave it The maximum total for shared parental leave is therefore 50
NHS OCCUPATIONAL SHARED LINE MANAGER RESPONSIBILITIES is worth discussing how you will keep in touch with one weeks. However, this may be extended by local agreement in
PARENTAL LEAVE AND PAY SCHEME Please check with your HR department as to what you will
another during the period of leave. It is unlikely that the
individual will access their work email or work phone, and
exceptional circumstances.
need to action locally and what will be carried out centrally by The maximum an NHS employer will pay to employees
therefore an alternative option should be agreed. It is also
the HR department (your organisational policies should state accessing occupational maternity or adoption or shared
worth discussing and agreeing the likely frequency of check
An employee can access paid and unpaid shared parental this) but as a minimum you need to ensure that the following parental pay is 26 weeks. This comprises of 8 weeks full pay
ins, accepting that this requirement may change during the
leave under the NHS occupational shared parental leave has happened: (including the two weeks compulsory leave) and 18 weeks
period of leave. See the next section for more information on
and pay scheme if: keeping in touch during the leave period. half pay. This is due to the fact that any maternity or adoption
• The employee has completed the appropriate forms
leave taken in excess of the 2 weeks compulsory maternity or
• they have 12 months’ continuous service with one or produced by ACAS and available on the Government
• Your organisational policy may already suggest this, and if adoption leave, reduces the allowance available for Shared
more NHS employers at the beginning of the 11th week website (https://www.gov.uk/shared-parental-leave-and-
not, remember to acknowledge the birth or placement with Parental Leave. This is irrespective of whether one or both
before the expected week of childbirth, or at the pay/applying-for-leave-and-pay) or have completed the
a congratulatory letter to the employee and their family. parents are NHS employees as shared parental leave and pay is
beginning of the week in which they are notified of being employers standard forms for requests for Shared Parental
a joint entitlement.
matched with a child for adoption, or by the 15th week Leave.
before the baby’s due date if applying via a surrogacy Statutory payments will continue for a further 13 weeks.
arrangement;
• The employee has provided any additional information as SHARED PARENTAL LEAVE PAY
requested by the employer (where this is reasonable and The calculation of the Shared Parental Leave payments are
• they notify their employer of their wish to take shared necessary to determine entitlements). Eligible employees are entitled to claim up to 37 weeks of specific to the pattern of leave agreed with the couple. It is
parental leave and provide a minimum of eight weeks’ statutory shared parental leave pay (ShPP), less any weeks therefore advised that discussions are held early with payroll
• The employee has provided notice to book a period of of statutory maternity pay, maternity allowance or statutory
notice, through the submission of a booking notification and HR to help the couple to work through the available
leave. The minimum period of notice to book or amend a adoption pay that has already been claimed by either partner
form or other local process, which will confirm: options. Once a pattern of leave has been agreed it is
period of leave is eight weeks. An employee can provide (which is 39 weeks statutory pay less the 2 weeks compulsory recommended that a solution on pay should be flexible and
– their intention to take shared parental leave; up to three notices to book leave. This includes notices to maternity or adoption leave). ShPP can be claimed following split between the couple as is most advantageous to their
vary a previously agreed pattern of leave. Each of the three the birth or placement of the child, but not at the same time circumstances.
– the date(s) they wish to access shared parental leave notices to book leave may include a single, continuous or as the compulsory two weeks of leave following the birth
(noting that two weeks compulsory maternity or adoption discontinuous block of leave. or placement of the child. ShPP is paid at a rate set by the The link below provides a useful set of scenarios, examples of a
leave must be taken by the mother or primary adopter government each year. number of different ways that Shared Parental Leave could be
before they can access shared parental leave); • Meeting held with the employee to discuss the following,
taken between the couple.
and then formally put in writing to the employee (again
– that they intend to return to work with the same or check if this is carried out locally, with the HR team or Read NHS employers guidance on Shared Parental Leave
another NHS employer for a minimum period of three completely by the HR team): including scenario examples.
months after their shared parental leave has ended;
– the employee’s paid and unpaid shared parental leave Where the employee is intending to return to work after
– that the mother or primary adopter has returned to work entitlements under the NHS Occupational Shared Parental the Shared Parental Leave, the eligible couple will also be
following maternity or adoption leave, or has provided the Leave and Pay Scheme, or statutory entitlements if the able to access a maximum joint entitlement of Occupational OTHER CONSIDERATIONS
binding notice confirming that they intend to bring their employee does not qualify under the agreement; Pay as follows:
maternity or adoption leave and pay entitlements to an Under Agenda for Change terms and conditions there are a
early end. – the confirmed leave pattern, including start and end dates, • for the first six weeks of absence the employee will number of things to consider within the calculation of shared
for each block of shared parental leave the employee and receive full pay. Full pay is inclusive of any ShPP. The total parental leave pay including:
• they confirm that the other parent meets the statutory employer have agreed will be taken; receivable cannot exceed full pay;
“employment and earnings test” by being an employed • How to action pay awards and increment payments during
or self-employed earner in the UK for a total of 26 weeks – confirmation of the notification process and the required • for the next 18 weeks of absence the employee will the leave period
(not necessarily continuously) in the 66 weeks preceding notice periods for instances where agreed blocks of leave receive half of full pay plus any ShPP. The total receivable
need to be amended; and cannot exceed full pay; • Treatment of sickness payments (half or no pay periods)
the week the child is due to be born or matched for when calculating the average weekly earnings
adoption. The individual must have earned at least an – the length of any period of accrued annual leave which it • for the next 13 weeks, the employee will receive any ShPP
average of £30 (gross) a week in 13 of those 26 weeks has been agreed may be taken following the end of shared that they are entitled to under the statutory scheme; As already stated, each request will need to be considered
(not necessarily continuously). This amount can be parental leave. carefully and independently, as each request will be unique to
amended from time to time by the Secretary of State. • for the final 13 weeks, the employee will receive no pay. the circumstances of the couple involved, however a number
of things to consider include:14 | PARENTAL LEAVE PARENTAL LEAVE | 15
• If taken, the 2 weeks paid New Parent Support Leave (what • If agreement cannot be reached within the two-week
ACCRUED
was Paternity Leave) does not reduce the number of weeks discussion period, the total number of weeks requested in
of shared parental leave that is available. the original request may be taken as a single continuous
block with the employee agreeing the start date (as long as
ANNUAL LEAVE
• Requests for single blocks of leave cannot be refused. the start date provides at least 8 weeks notice from when the
original request was made).
• Where discontinuous periods of leave are requested, the
employer is not bound to agree to the requested pattern. A • After the two-week discussion period, the employee has 5
two-week discussion period follows where the employee and days to confirm the date that their leave will commence,
employer can discuss the requested pattern of leave and any otherwise the commencement will be from the first date
possible alternatives. In the limited circumstances where the within the original leave request. With up to 52 weeks of leave available to new parents, the
requested pattern is refused, the employer must explain the employee will accrue a significant amount of annual leave. How
reason for the refusal. The employee cannot be prevented It is worth speaking with your HR team for support in relation this annual leave is taken is for discussion locally, and in line
from taking the amount of leave they have requested within to Shared Parental Leave, and please make sure that you read with local policies. Available options include:
that notice, but the employer has authority over how and your local organisational policy.
when it is taken. • Taking annual leave prior to the period of leave commencing
Check your local policies as there may be arrangements that and/or immediately after and then the individual returns to
have been agreed that provide greater benefits than those work with the usual pro-rata amount of annual leave for the
outlined within Agenda for Change terms and conditions. number of months remaining within the annual leave calendar.
• Adding on all of the accrued annual leave to the end of the
leave period.
• Taking a total of 52 weeks leave, but reducing the 13 weeks of
unpaid leave by the number of days of accrued annual leave.
• Returning on a phased return using the accrued annual leave
UNPAID PARENTAL LEAVE
to shorten the working week over the first weeks of return.
Some policies allow for the payment of the accrued annual
leave, please check your local policy.
In the case of Maternity Leave, please be careful regarding
KIT days, as KIT days can only be taken during maternity leave.
There is an opportunity for staff to take 18 weeks unpaid leave Employees must confirm the start and end dates in their
Therefore check with your local HR team if you agree a KIT day in
for each of their children up until their child’s 18th birthday, notice.
the period where the individual is using their accrued annual leave,
according to government guidance. The maximum that can be
Their employment rights (like the right to pay, holidays and as at that point their maternity leave will have come to an end.
taken in a 12-month period is four weeks and the leave must
be taken as whole weeks rather than individual days (unless returning to a job) are protected during parental leave.
the child is disabled, when individual days are allowed).
Employers can delay a request if it would cause significant
If you usually work 3 days a week, those 3 days will count as 1 disruption to the business, but they can’t delay or postpone a
week of the total 18 week allowance. request if: EXAMPLES OF CURRENT NHS PARENTAL POLICIES
Eligible employees can take unpaid parental leave to look after • the employer doesn’t have a ‘significant reason’,
their child’s welfare, for example to: 1 Anonymised 2021 NHS FT policy and guidelines on maternity, paternity and adoption leave
• it’s being taken by the father or partner immediately after
• spend more time with their children the birth or adoption of a child, 2 Camden and Islington NHS FT’s ‘Family Friendly Leave’ Policy
• look at new schools • it means an employee would no longer qualify for parental 3 Lincolnshire Community Health Services NHS Trust ‘Family Leave’ Policy
leave, eg postponing it until after the child’s 18th birthday.
• settle children into new childcare arrangements
4 Kingston Hospital NHS Trust’s ‘Maternity Paternity and Adoption’ Policy
If the employer does wish to delay the leave, they must:
• spend more time with family, such as visiting grandparents
• write explaining why within 7 days of the original request,
Employees must give 21 days’ notice before their intended
• suggest a new start date - this must be within 6 months of FURTHER INFORMATION AND GUIDANCE
start date. If they or their partner are having a baby or
adopting, it’s 21 days before the week the baby or child is the requested start date,
expected.
• and they can’t change the amount of leave being requested.
1 Maternity pay and leave - GOV.UK (www.gov.uk)
2 Maternity and paternity benefits and leave - NHS (www.nhs.uk)
3 Shared Parental Leave and Pay - GOV.UK (www.gov.uk)
4 Unpaid parental leave - GOV.UK (www.gov.uk)16 | PARENTAL LEAVE PARENTAL LEAVE | 17
NEW PARENT SUPPORT LEAVE:
• Previously known as Paternity Leave
• Available to the father of the child (including adoptive
fathers), the mother’s spouse or partner (whether
opposite or same sex) or nominated carer
• 2 weeks leave to be taken around the time of the birth
or placement of the child
• Ordinarily 1 period of 2 week leave is allowed, even if
there is a multiple birth
• 2 weeks fully paid if the individual has 1 year of
continuous service within the NHS
• If the individual is not eligible for full pay, they may be
entitled to statutory paternity pay
• Staff are able to get time off to accompany their partner
(or the surrogate mother) to 2 antenatal appointments.
• If they are adopting a child, they can get time off to
attend 2 adoption appointments after they’ve been
matched with a child.
KEY FACTS AND CHECKLIST OF ACTIONS
MATERNITY LEAVE: CHECKLIST: ADOPTION LEAVE: CHECKLIST:
• The pregnant employee is entitled to up to a year (52 Ensure employee has filled out all required forms and • All employees have the right to take 52 weeks of Ensure employee has filled out all required forms and have
weeks) of leave provided their Mat B1 form adoption leave if they are the primary carer in the provided written confirmation from the placing authority of
adoption arrangement made by an official adoption the matching decision or a parental order
• The employee must take 2 weeks of leave after the baby agency, or they are the intended parent through a
is born, and can then take as many weeks as they want Schedule a meeting to discuss:
surrogacy arrangement and commit to applying for a Schedule a meeting to discuss:
up to a total of 52 weeks of leave parental or adoption order.
• Pay allowances
• The amount of maternity leave pay that they will • Employees being assessed for adoption have the right • Pay allowances
receive is dependent upon: • Expected date of return to reasonable paid time off for essential meetings.
– Their length of service in the NHS • Expected date of return
• How they will use their accrued annual leave • The amount of adoption leave pay that they will receive
– Whether they intend to return to the NHS after their is dependent upon:
• How they will use their accrued annual leave
leave for a minimum of 3 months • Agree how to keep in touch during leave (frequency, – Their length of service in the NHS
method of communication etc) • Agree how to keep in touch during leave (frequency, method
• If eligible, the type of maternity pay that they can – Whether they intend to return to the NHS after their of communication etc)
access is: leave for a minimum of 3 months
• Backfilling of their post if budgets allow 2 weeks overlap
– Maternity Allowance or before individual starts maternity leave • Backfilling of their post if budgets allow 2 weeks overlap
• If eligible, the type of adoption pay that they can access
is: before individual starts maternity leave
– Statutory Maternity Pay
Formally document above meeting
– And NHS Occupational Maternity Pay – Statutory Adoption Pay Formally document above meeting
Carry out risk assessment in relation to the Health and – And NHS Occupational Adoption Pay Scheme
• The individual will accrue annual leave whilst on Safety of the employee whilst pregnant cknowledge the placement of the child with a
A
maternity leave • The individual will accrue annual leave whilst on congratulatory letter
• The employee is eligible to paid time off for antenatal care Acknowledge the birth with a congratulatory letter adoption leave.18 | PARENTAL LEAVE PARENTAL LEAVE | 19
SHARED PARENTAL LEAVE: CHECKLIST: UNPAID PARENTAL LEAVE:
FURTHER RESOURCES:
• Shared parental leave and pay can be taken at any E nsure employee has filled out all required forms and • Staff can take up to 18 weeks unpaid leave for each of
time within one year from the birth or placement for has confirmed that the mother or primary adopter has their children up until their child’s 18th birthday.
adoption, providing two weeks’ compulsory maternity returned to work following maternity or adoption leave, 1 A useful fact sheet aiding staff to
or adoption leave has been taken first • The maximum that can be taken in a 12-month period is
or has provided the binding notice confirming that they
four weeks and the leave must be taken as whole weeks navigate the different routes to
intend to bring their maternity or adoption leave and pay
• Employees need to end their maternity or adoption
entitlements to an early end
rather than individual days (unless the child is disabled, Parental Leave
leave in order to access Shared Parental Leave when individual days are allowed). https://www.acas.org.uk/parental-
• Parents can take up to 52 weeks of Shared Parental E nsure employee provides confirmation that the other • If you usually work 3 days a week, those 3 days will leave
Leave minus any maternity or adoption leave weeks parent meets the statutory “employment and earnings count as 1 week of the total 18 week allowance.
already taken test”
• Employees need to give 21 days’ notice before their 2 Parental rights at work
• Employees do not have to take all of their Shared Schedule a meeting to discuss: intended start date https://www.citizensadvice.org.uk/
Parental Leave at the same time. They can take Shared
Parental Leave in up to 3 blocks and return to work in • Employees need to include in the notice the start and work/rights-at-work/parental-rights/
between • Pay allowances end dates of their leave period parental-rights-at-work/
• Shared Parental Leave can be taken by both parents at • The confirmed leave pattern, including start and end dates, • Employers can turn down requests, but only under a
the same time so a staff member and their partner can for each block of shared parental leave the employee and certain, defined criteria.
3 Shared parental leave guidance:
spend time at home together with their baby employer have agreed will be taken Scenario examples
• The amount of shared parental leave pay that they will https://www.nhsemployers.org/
• Confirmation of the notification process and the required
receive is dependent upon:
notice periods for instances where agreed blocks of leave sites/default/files/media/Shared-
– Their length of service in the NHS need to be amended parental-leave-guidance_0.pdf
– Whether they intend to return to the NHS after their • How they will use their accrued annual leave
leave for a minimum of 3 months Maternity, paternity and
4
• If eligible, the type of shared parental leave pay that • Agree how to keep in touch during leave (frequency, method adoption rights
they can access is: of communication etc) https://www.cipd.co.uk/knowledge/
fundamentals/emp-law/maternity-
– Statutory shared parental leave pay (ShPP) Formally document the above meeting
paternity-rights/factsheet#gref
– NHS Occupational Shared Parental Leave and Pay
Scheme cknowledge the birth or placement of the child with a
A
congratulatory letter Returning from maternity leave
• The calculation of the Shared Parental Leave payments 5
top tips for employers
are specific to the pattern of leave agreed with the
couple https://www.ynygrowthhub.
com/blog/article/returning-from-
• The individual will accrue annual leave whilst on shared
parental leave. maternity-leave-top-tips-for-
employers/20 | PARENTAL LEAVE PARENTAL LEAVE | 21
02 – KEEPING IN TOUCH
How much or how little contact is maintained with the employee during parental leave
will be different for each individual. Some see their parental leave as a special time
to bond with their child, and therefore request no contact with work throughout the
period. Alternatively, individuals may see keeping updated during the leave period as
an important way of having a supported return back to work.
“Before going on leave, the employer
and the employee should also discuss
and agree any voluntary arrangements
for keeping in touch during the
employee’s maternity, adoption, or
shared parental leave, including:
i) any voluntary arrangements that
may help them keep in touch with
developments at work and, nearer
the time of their return, to help
facilitate their return to work;
ii) keeping the employer in touch with
any developments that may affect
It is therefore important that this is discussed prior to the
individual going on parental leave, and that this is also revisited
their intended date of return.”
during the leave period in case the needs of the individual
changes. The One NHS Finance survey found that the following NHS Terms and Conditions
were ways that the individual could be kept updated in order
of preference:
of Service Handbook
• Regular catch ups with colleagues
• Reading updates from professional accountancy bodies
• 1-2-1’s with Line Manager • Free CPD events offered by Professional body
• Accessing email to read bulletins and team newsletters • Email from Line Manager each month of key updates for
(may need forwarding onto a personal address if NHS mail is individual to access when convenient
suspended) • Team WhatsApp group
Other cited examples include: • Medium of keeping touch through Teams function i.e. rather
• Attending key meetings and team away days than all keep in touch through face to face
• Following organisation and team accounts on social media It is therefore recommended that a conversation takes place
prior to the leave period to agree the level and medium of
• Reading health related journals and articles contact. It is also worth checking in that this is working for the
individual during the leave period, as their needs may change.22 | PARENTAL LEAVE PARENTAL LEAVE | 23
If there is large scale organisational change and/or a staff The important bit to remember is that these days are optional, From the One NHS Finance survey the following were cited as KIT DAY PLANNING TEMPLATE
consultation during the period of parental leave, please seek and both the employer and the employee need to agree to important to be included within the plan for what the days will
advice from your Organisational HR Partner. The individual them happening. cover: hone call before KIT day (agree timings, access, where to
P
should also be made aware of any jobs being advertised, present and check what individual wants to get out of the
especially if they are a promotional opportunity for the The individual can work up to 10 KIT days/20 SPLIT days • Line Manager to update on any key changes
day, does the original plan need amending?)
individual. without bringing their maternity/shared parental leave to
an end, but any days worked will not extend their period of • Catch Ups with key colleagues (within and external to
If you as the Line Manager move organisations or into a new parental leave. Whether the individual works 1 hour, half a day finance) Set up IT access (if required)
role during this period, please ensure that Line Manager or a full day, this will be counted as 1 of the maximum 10/20
• Catch up with team Arrange desk space and IT equipment
responsibility for the individual on leave is identified. It is days. The days can be taken consecutively or spread over a
important that a planned handover takes place, including the period. But these days cannot be worked within the first 2 • Organising diary for first few weeks back at work
employee that is on leave, to ensure that they continue to weeks of compulsory maternity or adoption leave. Arrange key meetings for the day
be supported in your absence and know who their point of • Planning handover from leave cover
contact is going to be. An example of guidance relating to KIT or SPLIT days used
• Attend all staff briefing • Manager to give general team update
within a NHS organisation is found here.
Alongside the contact that is agreed, the individual is also
It is recommended that discussions take place with the • Observing at relevant meetings • Meet with HR if required to discuss return to work options
eligible for paid Keeping in Touch (KIT) days and/or Shared
Parental Leave in Touch (SPLIT) days which are intended to individual about KIT/SPLIT days, before the period of leave
commences. These discussions should cover: • Attendance at Team Away Day • Meetings organised with key team members
facilitate a smooth return to work for individuals that are on
parental leave. • Meeting new team members • Possible general meetings to attend to observe
• Plan what the days will cover
• Gaining access back onto the IT system and email system
KEEPING IN TOUCH (KIT) AND SHARED PARENTAL • Childcare options • online model on options to returning to work (module 3)
• Planning options to return back to work dependant on timing
LEAVE IN TOUCH (SPLIT) DAYS • Timing of the days
of KIT • arrange to have lunch with the indiviual
As per guidance on the Government website, • Medium of KIT/SPLIT days (i.e. face to face/ Teams)
Getting mandatory training up to date was also cited as a As a minimum, it is worth considering sending a
• Payment for the days popular use of the days, along with clearing out their inbox. communication to the employee each quarter, checking in and
Whilst these are tasks that need to be done, ask whether these reminding them that they are valued member of the team.
It is worth checking with your payroll the payment for the are the best use of these days, when the aim of KIT/SPLIT days
individual concerned. Agenda for Change guidance is that is to support a smooth return to work for the individual.
“Employees can work up to 10 days the individual, “will be paid at their basic daily rate, for the
during their maternity or adoption hours worked less appropriate maternity leave payment for Within the survey we asked what the most beneficial thing FURTHER RESOURCES:
was that they did on the KIT/SPLIT days and for a number of
leave. These days are called ‘keeping KIT days worked”. Worked examples of how that would work
individuals the biggest benefit were the non-work factors.
throughout the full pay, half pay and unpaid sections of their
in touch days’. Keeping in touch days parental leave may be helpful. These examples included: 1 Maternity Action – Keeping In Touch
are optional - both the employee and Days https://maternityaction.org.uk/
Where the individual undertakes a day when they are in the • Getting out of the house and seeing work colleagues
employer need to agree to them. full pay part of their leave, a full day of paid leave in lieu will advice/keeping-in-touch-days/
be provided once the employee has returned to work. If a KIT • Re familiarisation with the workplace and the team
The type of work and pay employees /SPLiT day is worked on a day of leave in the half pay period, • Contact with adult life 2 NHS Terms and Conditions Handbook
the employer will make arrangements to ensure the employee
get should be agreed before they receives a half day of paid leave in lieu once the employee has • Gaining confidence to leave their newborn with others
https://www.nhsemployers.org/
come into work. The employee’s right returned to work. publications/tchandbook Section 15.65
• Getting used to the commute and nursery drop off
to maternity or adoption leave and Keeping in touch during the maternity,
pay is not affected by taking keeping • Getting back into the routine of being back at work adoption, or shared parental leave period
in touch days. Research within private sector accountancy firms suggests that
no actual work takes place on KIT/SPLIT days, they are used 3 Bounty Returning to work: What are
purely for planned catch ups and to touch base with the team
Employees can work up to 20 days and colleagues.
‘keeping in touch days? https://www.
during their Shared Parental Leave. bounty.com/family/work/back-to-work/
Think about what you want the individual to get out of the
These are called ‘shared parental leave day, and listen to what they would like to do, then agree a
what-are-keeping-in-touch-days
in touch’ (or SPLIT) days. These days plan. Revisit this before any days take place, and check in with
are in addition to the 10 ‘keeping in the individual. Do they still want to do the days? Are they still 4 ACAS While you’re on maternity leave -
touch’ (or KIT) days already available happy with the plan of activities? Are they still happy with the Keeping in touch with work
timing of the days? Have they managed to secure childcare?
to employees on maternity or adoption https://www.acas.org.uk/your-maternity-
leave.” The key is to keep the discussions going and to plan the day so leave-pay-and-other-rights/while-youre-
that the individual can get the most out of it.
on-maternity-leave24 | PARENTAL LEAVE PARENTAL LEAVE | 25
03 – RETURNING TO WORK
Having been on an extended period of leave outside of the workplace, your employee
will require a supported return to work, with a plan for the first 6 months outlined.
Returning to work can be very challenging for the individual, and presents change for
the team that they are returning to.
In the early days of their return, the individual employee
may be:
• Feeling an overwhelming sense of guilt “Transitioning back to work after
• Sleep deprived parental leave is hard. You’ve been
out of the flow of the office for weeks
• Adapting to a new day-to-day schedule
or months, and you’re returning as a
• Doubting their capabilities at work different person with new priorities and
In recognition of these challenges, it is recommended that concerns. (Not to mention the stress
a meeting is held with the individual prior to their return to and strain of endless new logistics.)
discuss the various options to ease that transition as much as It’s jarring and often overwhelming.”
possible. This may include:
Rebecca Knight, HBR, How to Return
• Discussing their Plan for Return to Work After Taking Parental Leave
Some individuals choose to use their annual leave in their
first weeks to allow for a phased return. This has the added
advantage of allowing them to test out different part time
flexible working options before making a flexible working
request. Another way of allowing a phased return is to utilise
KIT days (see previous section). Speak to your HR department
for more advice as to how this can be organised, particularly to leave early or arrive later so that additional pressure isn’t
if the individual is using annual leave to extend their period of added to the individual with meetings being placed in the diary
parental leave. at a time that would be challenging.
If an individual has different plans for their accrued annual • Work Plan
leave, and is choosing to come back full time, consider
suggesting that they return midweek, so that they have 2/3 Discuss what the first day will look like, the first week, the first
days to work before a weekend break and then do the full month and then build a plan for the first 6 months. Remember
5 days the following week. Discuss whether the individual how long things like getting set up with IT can take. Do as much
is already looking to make a flexible working request (see of this in advance as possible. Discuss the expectations for
following section). both parties and agree what the first 6 months will look like.
Remember to include within this any Essential Training and
• Childcare Arrangements CPD requirements and try to spread this out over the first year.
Discuss their childcare arrangements and suggest that they • Buddy Support
consider starting this before coming back to work. This allows for
the emotional separation anxiety to be experienced without the Discuss options for buddy support with someone who has
pressure of also having to present straight into work. recently experienced parental leave. This could be someone
within finance in your organisation, within the wider finance
• New Working Requirements community, or within your wider organisation. Provide details
if your organisation has a network for working parents.
An honest discussion re the new reality of the individual’s
home life, and how this impacts on work. Is there anything • Additional Facilities
practically that they will need to do less of? An example may
be that they can no longer commute to a monthly regional Check if there will be any requirement for breastfeeding
meeting, or can no longer cover the meetings to other sites arrangements to be put into place and if a facility to allow
that occur at the beginning or end of the day due to the for expressing is required. Make sure that the options for
location of childcare. Are there any limitations that restrict this are discussed and agreed, ensuring that the individual is
their working patterns? Be open about when they will need comfortable with the agreed facility.You can also read
