Chapter 5 - Maternity, paternity and adoption leave
*All statutory provisions are in bold
Appendices
- Maternity leave - Statement of intention and undertaking to repay payment
- Application for maternity support leave
- Application for adoption leave
- This chapter sets out the CPS' maternity, adoption and maternity support leave and pay rules and is designed to inform line managers and staff of the entitlements and procedures which apply to employees who are new or expectant mothers and also to fathers.
- The rights and benefits pursuant to this policy are available to employees of the CPS only.
- childbirth is the birth of a living child at any time or the birth of a stillborn child after 24 weeks of pregnancy. (Therefore, in the event of a still birth after this time, the normal maternity provisions will apply);
- expected week of childbirth (EWC) is the week beginning at midnight between the days of Saturday and Sunday in the week in which it is expected that childbirth will occur.
- All mothers to be who are employed by the CPS are entitled to certain rights and benefits. However, various rules and procedural steps must be followed by these employees in relation to these rights, including the duty of an employee to notify the CPS of her pregnancy.
- the expected week of childbirth (EWC) (in respect of which the CPS may request a medical certificate from a registered medical practitioner, registered midwife or registered health visitor (MAT/B1). The EWC is not valid if the form is dated more than 14 weeks before the baby is due);
- the intended date upon which her Ordinary Maternity Leave (OML) (see below) will commence (which cannot be earlier than the 11th week before the EWC); and
- whether or not she intends to return to work.
- The following principles form the basis of the CPS' maternity leave rules in relation to OML:
- In the CPS, maternity leave entitlements are available from day one of service. This includes the right to OML.
- OML is for a period of 26 weeks from its commencement and when coupled with AML, (which is for a further period of up to 26 weeks), the two periods of maternity leave together may not exceed 52 weeks. An employee is entitled to be paid her normal salary whilst on OML;
- An employee's entitlement to paid OML will cease if she is dismissed or she resigns prior to or during OML;
- If an employee is dismissed whilst on OML, she is entitled to receive a written statement from the CPS, setting out the reasons for the dismissal;
- An employee who is dismissed from the CPS whilst on OML may to be entitled to receive Statutory Maternity Pay (SMP) (subject to certain qualifying criteria) following her dismissal. In these circumstances, the employee should contact the HR Directorate for further information;
- OML cannot commence earlier than the 11th week before the EWC.
- Whilst on OML, an employee's contract of employment with the CPS remains in force and she will remain bound by her terms and conditions of employment in the normal way. Similarly, an employee on OML will continue to receive any benefits to which she is entitled pursuant to her contract of employment. This will include the accrual of contractual annual leave and any public and privilege days that occur within the OML period. (Refer also to para 6, bullet point 6, for entitlement accrued during AML.)
- An employee will be entitled to be paid during her OML at the rate of her normal salary provided she states her intention to return to work in the Civil Service after her childbirth and that she agrees to repay any payment of salary made to her during OML if she fails to return for at least one calendar month following her OML or AML period (see Statement of Intention and Undertaking to Repay Payment at Appendix 1 ). Such repayment would exclude any amount attributable to SMP where such an entitlement exists and any annual leave accrued during the OML and (if relevant) any AML period.
- OML may commence on the day which follows the first day (after the beginning of the fourth week before the EWC) on which an employee is absent from work for a reason wholly or partly because of her pregnancy. Any employee's entitlement to paid sick leave will cease upon the commencement of OML.
- OML cannot commence later than the day which immediately follows the day on which childbirth occurs (see also "Compulsory Leave" below).
- For payroll purposes, staff on maternity leave should be transferred immediately to the Central Staffing Pool.
- All women must take at least 2 weeks' compulsory maternity leave commencing on the day immediately following the day of childbirth.
- An employee's compulsory leave period will fall within her OML period and will be paid at the rate of her normal salary.
- In the CPS, entitlement to 26 weeks' AML forms part of our maternity provisions from day one of employment. The statutory requirement of 26 weeks' continuous service into the 14th week before the EWC does not therefore apply.
- AML automatically follows on from OML and is unpaid. The employee may choose how much additional leave she wishes to take, but the period may not exceed an employee's maximum entitlement of 26 weeks. (The combined entitlement will be up to 52 weeks which comprises 26 weeks OML and 26 weeks AML).
- An employee may cease to be entitled to AML if she fails to comply with the notification provisions set out in section 3 above.
- An employee may also cease to be entitled to AML if she is dismissed or resigns prior to or during AML. An employee who is dismissed in these circumstances is entitled to receive a written statement from the CPS setting out the reasons for her dismissal;
- Whilst an employee's terms and conditions of employment are largely preserved during OML, the situation is different during AML, where a limited number of provisions only remain in effect. These include provisions dealing with an employee's entitlement to notice upon termination and the CPS' disciplinary and grievance procedures. Please contact the HR Directorate for more information.
- "Statutory" annual leave (up to a maximum of 4 weeks' paid leave per annum for full-time workers, pro rated for part time workers) only will continue to accrue during a period of AML. This will incorporate accrued entitlement to public and privilege days. An employee should contact the HR Directorate for more information. (For information re accrual of annual leave and public and privilege leave while on OML, para 4, bullet point 7 refers).
- Whilst a period of AML will count towards an employee's period of continuous employment with the CPS, unlike OML, AML does not count towards an employee's pensionable service or working period for seniority rights.
- An employee who is pregnant and who has, on the advice of a registered medical practitioner, (or registered midwife or health visitor), made an appointment to receive antenatal care, will be allowed paid time off to attend the appointment. She may be asked to produce proof that the appointment has been made, for example, an appointment card. An employee will be paid for the period of absence at the normal rate of pay. This provision applies to all pregnant employees regardless of hours worked, length of service or employment status.
- In the event that an employee is dismissed by the CPS during or prior to taking OML, an employee may still be entitled to receive SMP or Maternity Allowance (MA) (although the right to paid OML will cease). Please contact the HR Directorate for further details if this is applicable to you.
- When an employee is on temporary promotion at the time she goes on OML leave, she will continue to be paid at the higher rate until such time as the higher Level/Pay Band employee returns or the vacant post is filled by an employee substantive in the higher Level/Pay Band. The employee will be notified at this time of any salary change, in writing, by the HR Directorate.
- The Employment Relations Act protects women from suffering a detriment for a reason relating to her pregnancy or maternity. The Sex Discrimination Act outlaws less favourable treatment on the grounds of sex. During paid maternity leave, the contract of employment and all it's terms and conditions continue to apply.
- Any pregnancy-related sick absences that occur during the period of the pregnancy or the OML/AML periods should not be counted for the purposes of entitlements, contractual sick pay or calculation of sick absence for inefficiency purposes. If an employee is absent due to a reason wholly or partly related to her pregnancy on any day within the 4 week period before the EWC, OML may begin automatically. Non pregnancy-related illness during this period will be recorded as sickness absence in the normal way, in accordance with the Sickness Absence policy and procedure. (Chapter 3 of this volume of the PMM).
- Following a period of OML, an employee who returns to work will normally be employed in the same location and post as before. Limited exceptions to this rule exist, such as where a redundancy situation has arisen or where an employee has taken two or more consecutive periods of statutory leave.
- Employees returning from a period of OML will normally return to work on terms and conditions which are no less favourable than those which would apply had they not been absent. This means that any changes to an employee's terms and conditions (for example a pay increase or a change in working hours) which occurred whilst she was absent on OML will apply to her upon her return. An employee will normally be notified by the CPS of any change to her terms and conditions of employment whilst on OML.
- Employees should contact the HR Directorate for further information regarding their right to return to work from a period of OML.
- An employee returning from a period of AML has similar rights to those which would apply upon returning to work following her OML period. However, in some circumstances, it may not be reasonably practicable for the CPS to allow an employee to return to the job in which she was employed prior to taking maternity leave. When this occurs, the CPS will take all reasonable steps to offer an alternative position which is suitable and appropriate for the employee in question. Please note that different provisions apply in the event that an employee's job has ceased by reason of redundancy whilst on AML. (Please see the Organisational Change Policy for further details.)
- A period of AML does not count towards an employee's seniority or pension rights. Therefore, upon returning to work following a period of AML, an employee will be entitled to the same pension and seniority rights as those which applied at the beginning of her AML period.
- An employee returning to work at the end of her full entitlement of maternity leave (52 weeks) is not required to provide formal notice to the CPS of her return. Her work will recommence on the first working day after the end of the 52 week period.
- If the employee intends to return to work before the end of her full AML period, she must give the HR Directorate at least 28 days' notice of her date of return.
- If an employee intends to return to work early but fails to give 28 days' notice, the CPS may postpone her return by 28 days to secure the notice period, provided that this does not overlap with the end of her full maternity leave period.
- An application to return part-time will be considered in accordance with the CPS' Flexible Working Policy at Chapter 13 of this Volume of the PMM.
- An employee who resigns because she does not then intend to return to work but later wishes to return because of a radical change in circumstances, such as the child's still birth, has no absolute right to return, but should be allowed to do so in all possible cases. If she returns before the end of the maternity leave period, her resignation will be cancelled and the period of absence counted as paid and/or unpaid leave accordingly. The payment of maternity pay and/or SMP during this period must not be revoked. The period of additional leave will start the day after maternity related payments cease.
- An employee who has initially signed the Statement of Intention (Appendix 1) and has received 26 weeks' OML is obliged to complete one calendar month's service when she returns from maternity leave. Should she fail to do so, she will be liable to repay the maternity pay received during her 26 weeks OML (the maternity pay period), less any entitlement she had to SMP and to annual leave accrued during the maternity pay period.
- Normally, an employee returning from OML, ordinary adoption leave or paternity leave is entitled to return to the same job on the same terms and conditions. However, there is an exception where that leave period was the last of two or more consecutive periods of statutory leave, which included one or more of the following:
- a period of AML; or
- additional adoption leave; or
- parental leave of more than four weeks.
- A career break (see Chapter 6 of this Volume), if approved, may follow a period of maternity or adoption leave. This means that, an employee may take his or her full entitlement to maternity or adoption leave, followed by up to five years unpaid special leave (career break).
- This section of the chapter sets out the CPS' adoption leave and pay policy and is designed to inform line managers and staff of the entitlements and procedures which apply to employees who adopt children. It is not a comprehensive guide to adoption legislation but is a basic summary only for guidance. For further information, staff should contact the HR Directorate. Helpful websites for reference are www.dti.gov.uk and www.InlandRevenue.gov.uk.
- The rights and benefits pursuant to this policy are available to employees of the CPS only.
- An employee is "matched" with a child for adoption when an adoption agency decides that the employee would be a suitable adoptive parent for the child, either individually or jointly with another person.
- An employee is "notified" of having been matched with a child on the date on which he or she receives notification of the adoption agency's decision.
- A "child" is a person who is, or when placed with the adopter was, under the age of 18.
- To be eligible for adoption leave and pay, various rules and procedural steps must be followed by employees, including the duty to notify (see below) the CPS of his or her intention to take adoption leave. In particular, the employee must:-
- Be the child's "adopter" i.e. the person who has been matched with the child for adoption; or where two people have been matched jointly, whichever of them has elected to be the child's adopter. (Where a couple adopt jointly, only one member of the couple can take Ordinary Adoption Leave (see below) however the other member of the couple, or the partner of an individual who adopts, may be entitled to paternity leave and pay);
- Comply with the notification requirements set out below; and
- Comply with the evidential requirements set out below.
- An employee must inform the Department in writing of the following:-
- the date on which the child is expected to be placed with him or her for adoption; and
- the date on which the employee has chosen his or her adoption leave period to begin.
- the name and address of the agency;
- the name and date of birth of the child;
- the date on which the employee was notified that he or she had been matched with the child; and
- the date on which the agency expects to place the child with the employee.
- Subject to matters concerning the commencement of OAL (see below), the terms and conditions that apply during OAL are exactly the same as those that apply during Ordinary Maternity Leave. Therefore, employees are requested to consider paragraph 4 at the commencement of this chapter for further information.
- The earliest date upon which OAL can commence is 14 days before the expected date of placement and no later than the day of placement.
- In addition to dismissal and resignations, an employee's OAL may end before the 26 week period has expired where the placement has been disrupted. See "disrupted placement" below.
- The terms and conditions that apply during AAL are exactly the same as those that apply during Additional Maternity Leave. Therefore, employees are requested to consider paragraph 6 at the commencement of this chapter for further information.
- Situations may arise where the child's placement comes to an end during OAL or AAL. This may occur where:-
- the employee has begun OAL before the placement of the child and the adoption agency notifies the employee that the child will not be placed with him or her;
- the child is returned to the adoption agency during adoption leave; or
- the child dies during adoption leave.
- the week during which the employee is notified that the placement will not take place;
- the week during which the child's placement ends; or
- the week during which the child dies, respectively.
- An employee who is adopting and has made an appointment pursuant to the adoption process, will be allowed paid time off to attend the appointment. At line management's discretion, the employee may be asked to produce a certificate or some other form of evidence of the appointment, for example an appointment card. An employee will be paid for the period of absence at the normal rate of pay. This provision applies to all employees who are adopting, regardless of hours worked, length of service or employment status.
- In the event that an employee is dismissed by the CPS during or prior to taking OAL, an employee may still be entitled to receive statutory adoption pay (although the right to paid OAL would have ceased). Employees should contact the HR Directorate for further details.
- The principles which apply to an employee returning from a period of OAL or AAL are the same as those which apply to an employee returning from a period of maternity leave (whether OML or AML respectively). Employees are requested to refer to paragraph 12 set out at the commencement of this chapter for further information.
- Paid sickness absence cannot be taken once an employee has commenced his or her OAL or AML period. Similarly, an employee is not entitled to recommence a period of adoption leave after returning to work or taking a period of sick leave.
- The CPS' policies and principles for employees who adopt in relation to "employees on temporary promotions"; "employees on probation"; "resignation during adoption leave"; "non-returners in receipt of 6 months full pay"; "combining different types of leave" and "career breaks", are identical to the related policies and principles which apply to employees who are entitled to maternity leave. Accordingly, employees are requested to refer to the relevant maternity paragraphs set out at the commencement of this chapter. Alternatively, employees can contact the HR Directorate for further information.
- This section of the chapter sets out the CPS' maternity support leave and pay policy and is designed to inform line managers and staff of the entitlements and procedures which apply to employees who take maternity support leave. It is not a comprehensive guide to maternity support leave (paternity) legislation but is a basic summary only for guidance. For further information, staff should contact the HR Directorate. Helpful websites for reference are www.dti.gov.uk and www.inlandrevenue.gov.uk.
- Maternity Support Leave is available from day one of service to employees who are fathers or the mother's husband or partner (including same sex partners) on the birth or the placement for adoption of their child.
- Expected week of childbirth (EWC) is the week beginning at midnight between the days of Saturday and Sunday in the week in which it is expected that the childbirth will occur.
- An employee is "matched" with a child for adoption when an adoption agency decides that the employee would be a suitable adoptive parent for the child, either individually or jointly with another person.
- An employee is "notified" of having been matched with a child on the date on which he or she receives notification of the adoption agency's decision.
- A "child" is a person who is, or when placed or adoption was, under the age of 18.
- To be entitled to take maternity support leave, employees must:
- be the father of the child, or the mother's husband or partner, or the spouse or partner of the child's adopter;
- in the case of the child's father, have or be expected to have responsibility for the child's upbringing; or
- in other cases, have or expect to have the main responsibility (aside from the child's mother/adopter) for the child's upbringing; and
- be taking the leave to care for the child or to support the mother/child's adopter.
- Employees have the right to one or two consecutive weeks' leave. Employees may choose to take only one week but then have no right to take another week at a later date. It is not possible to take odd days as leave.
- In the cases of birth, employees must notify the department of his or her intention to take maternity support leave by the end of the 15th week before the baby is expected, unless this is not reasonably practicable, in which case notification should be given as soon as is reasonably practicable. In the case of adoption, notice must be given within seven days of the adopter being notified of the match unless this is not reasonably practicable, in which case employees should give the notification as soon as is reasonably practicable.
- the expected week the baby is due/the expected date the child is to be placed for adoption;
- whether the employee wishes to take one or two weeks' leave;
- the date the employee has chosen to start leave; and
- in cases of adoption, the date on which the adopter was notified of having been matched.
- at least 28 days before the EWC (or date which the child is to be placed with the adopter for adoption); or
- where the employee has chosen to commence maternity support leave on a specified date, within 28 days of this date; or
- where the variation is to be provide for maternity support leave to begin a specified number of days after the birth (or date on which the child is placed with the adopter) at least 28 days before that date.
- Should the CPS request this, an employee must provide evidence of his or her entitlement to maternity support leave. This will be in the form of a signed declaration and will contain:
- a statement that the purpose of his or her absence from work is to take care of the child or support the child's mother;
- that he is the father of the child or the mother's husband or partner (or is married to or is the partner of the adopter); and
- that he or she has or expects to have responsibility for the upbringing of the child and in cases of adoption the "main" responsibility.
- The following principles form the basis of the CPS' maternity support leave policy:
- in the CPS, maternity support leave entitlements are available to employees from day one of service;
- maternity support leave can be taken in blocks of either one or two consecutive weeks leave;
- maternity support leave cannot be taken as odd days or as two separate weeks;
- employees are entitled to be paid during maternity support leave at the rate of his or her normal salary;
- maternity support leave can start on any day of the week, as long as the employee has given the required notice (see paragraph 34 above).
- the actual day of the child's birth/placement for adoption (whether this is earlier or later than expected); or
- from a date of the employee's choice which falls a given number of days after the date of the child's actual birth/placement; or
- from a date of the employee's choice which is after the first day of the expected week of childbirth/the expected date of placement.
- Employees are entitled to return to the same job as they had worked before leave commenced, unless maternity support leave followed a period of:
- additional maternity leave; or
- additional adoption leave; or
- more than 4 weeks' parental leave.
Introduction
The following information provides a summary of statutory and occupational (CPS) maternity, adoption and maternity support leave (paternity) provisions. It is not a comprehensive guide to maternity/adoption/maternity support leave (paternity) legislation but is a basic summary only for guidance. All statutory provisions are highlighted in bold. For further information, staff should contact the HR Directorate. Helpful websites for reference are www.dti.gov.uk and www.InlandRevenue.gov.uk.
Maternity leave
Definitions and explanations
For the purposes of this chapter the following definitions will apply:
Notification
The employee must confirm the following information to the Department (usually via the line manager), in writing, before the maternity absence is due to begin (and in any event, no later than the end of the fifteenth week before the EWC):-
The contents of this chapter must then be brought to her attention, normally by her line manager or the HR Directorate.
Unless it was not reasonably practicable for her to do so, an employee who fails to comply with these notification provisions may lose her right to take OML and Additional Maternity Leave (AML) (see below). If it is not possible for the employee to notify her Department before the end of the 15th week before the EWC of the above information, this must be done as soon as possible thereafter, whilst also providing to the ABM or HR Directorate, details as to why the employee was not in a position to let the Department know before this time, so that her position can be considered.
An employee who has notified her Department of the start date of her OML can change this date upon giving further written notice to the Department. Notice should be provided as soon as possible and should be given to the Department 28 days before the date previously notified or 28 days before the new start date, if the employee wants to bring the date forward, unless it is not reasonably practicable for the employee to do so.
Notice from the CPS
The CPS will notify the employee of the end date of her AML within 28 days of receiving this information.
If an employee has varied the intended commencement date of her OML by further notice, the CPS will normally provide notification of the end date of her AML within 28 days from the start of the OML period.
Principles - Ordinary maternity leave
Principles - Compulsory leave
Principles - Additional maternity leave
Antenatal care
Antenatal care also includes relaxation and parentcraft classes where an employee can demonstrate that she has been advised to attend by a registered medical practitioner, (or registered midwife or health visitor), and can provide evidence of her appointments. Staff advised to attend such classes are encouraged to try to arrange attendance outside of office hours. However, where this is not possible (for example, because courses are only run within an employee's normal working hours), time off with pay will normally be granted, provided the required written evidence (as set out above) is supplied to the employee's line manager.
Any employee seeking to take time off for ante-natal care must advise her line manager and, where possible, provide a reasonable amount of notice in advance of the appointment itself.
Statutory Maternity Pay
Employees on temporary promotion
Employees on probation
Consequently, there may occasions where successful completion of probation will need to be confirmed without the completion of a probation report. In these circumstances, the probation report will need to be endorsed to the effect that the employee has been on paid maternity leave during the course of the probationary period, and a recommendation made by line management that the employee has successfully completed her probationary period.
In circumstances where a woman has completed part of her probationary period at the time of commencing maternity leave and performance prior to her leave is unsatisfactory, then it may be necessary to extend the probationary period on return to duty. In these circumstances, the extension of probation is as a result of her underperformance and not as a result of her absence on maternity leave.
Sickness absence during or following pregnancy
Paid sickness absence cannot be taken once an employee has commenced her OML period, or during any period of AML. Similarly, an employee is not entitled to re commence a period of maternity leave after returning to work or taking a period of paid sick leave.
In the event of a still birth after 24 weeks of pregnancy, normal maternity provisions apply.
If an employee is not well enough to return to work at the end of her maternity leave period (or after her notified date of return, see below) she will be treated as if she had returned and is currently on sick leave. In these circumstances, the employee must comply with the requirements for sick leave contained in Chapter 3 of this Volume, upon her return to work.
Once a period of paid sickness absence following childbirth has ended, an employee is expected to return to work.
Returning to work from OML or AML
Returning to work from OML
Returning to work from AML
Flexible working
If the employee returns part-time and she worked full-time before maternity leave, the obligation to complete one calendar month's service (see paragraph 15) is amended so that she works the equivalent number of hours, pro-rated as one calendar month at the full-time rate.
Requests for a phased return to work before the return date must be considered sympathetically. Thereafter, any request to work part-time should be considered in accordance with the part-time and flexible working policies (Chapter 10 and Chapter 13 of this Volume).
Resignation during maternity leave
Non-returners in receipt of six months' full pay
In such cases, a termination pay form should be completed to be effective from the last day of the maternity pay period (MPP). The action type is T12 where there was an entitlement to SMP. Pay form 251T should be annotated in the remarks section as follows:
"MATERNITY LEAVE REVOKED - please pay 6 weeks' Maternity Pay or higher rate SMP plus 20 weeks' lower rate SMP. Please advise of overpayment."
Action types T5 and T11 should be used on termination forms where there was no SMP entitlement.
ABMs/HQ Directors should inform the Pay and Benefits Business Centre in writing of any such cases in order that the necessary pay forms may be completed.
Area Business Managers/HQ Directors have the discretion to waive repayment where there are compelling management reasons why the employee need not return or where, despite a genuine intention to return, there are strong compassionate reasons to prevent her from doing so.
Repayment should always be waived if an employee provides medical evidence that she will be unable to return within 52 weeks of the date of childbirth because her child is disabled and requires continuous attention at home. A medical certificate should be provided by the employee no later than three weeks before the forty-one week period expires.
If repayment is waived, the following comment should be entered, in red, on the termination pay form 251T:
"REQUIREMENT TO REPAY MATERNITY PAY WAIVED - please allow maternity payments to stand."
ABMs/HQ Directors should inform Pay & Benefits Business Centre as above.
Combining different types of leave
In any of the above situations, the employee does not have the right to return to the same job if it is not reasonably practicable to do so, in which case the employee is entitled to return to another job which is both suitable and appropriate.
In respect of a third or further consecutive period of statutory leave (either a period of OML, OAL or paternity leave), the employee will be expected to complete a further Statement of Intention and Undertaking to Repay Payment (if relevant) to cover this period of leave. Furthermore, the employee is obliged to return to work for one calendar month at the end of the third or further period, and is liable to repay any money to which she is not entitled should she not return for this month (see paragraph 15 above).
Maternity leave, adoption leave and career breaks
The provisions concerning one months' calendar service in the event of non-return (see paragraph 15) apply but are deferred until the end of the career break. In cases where the employee is involved in short periods of work/training during the career break, this time will count towards her obligatory one calendar month's service.
If an employee becomes pregnant or adopts during a career break, he or she may be paid any statutory entitlement depending on the eligibility rules in force from time to time. Staff should contact the HR Directorate for further information.
Adoption leave
Introduction
The rights of employees who adopt children are broadly similar to those rights available to employees pursuant to the CPS' maternity policy, set out at the beginning of this chapter. Where any differences exist in respect of the rights available pursuant to the CPS' adoption and maternity policy respectively, these are explained in detail below.
This policy only covers an employee's adoption leave and pay rights where a child is matched and placed for adoption within the UK. The rules differ slightly where a child is adopted from overseas, and staff should contact the HR Directorate for further information. Each case may be different and should be considered accordingly.
Employees wishing to apply for Adoption Leave must complete the departmental Adoption Leave form (Appendix 3).
Definitions and explanations
For the purposes of this chapter the following definitions will apply:
Eligibility
Notification
The contents of this chapter of the PMM will then be brought to the employee's attention, usually by his or her line manager or by the HR Directorate.
Unless it was not reasonably practicable for the employee to do so, notice must be provided no more than 7 days after the date on which the employee is notified of having been matched with a child for adoption.
An employee who has notified the Department of the start date of his or her OAL can change this date upon giving further written notice to the Department. Notice should be provided to the Department as soon as possible and at least 28 days before the date specified in the employee's notice as the date on which the child is expected to be placed. Where the employee has chosen to begin the period of OAL on a pre-determined date, notice should be provided 28 days before that date. If it is not possible for the employee to give 28 days' notice, this must be done as soon as is reasonably practicable.
Notice from the CPS
The CPS will notify the employee of the end date of his or her Additional Adoption Leave ("AAL") within 28 days of receiving the above information from the employee.
If an employee has varied the commencement date of his or her OAL by further notice, the CPS will normally provide notification of the end date of his or her OAL within 28 days of the date on which the employee's OAL period began.
Evidential requirements
An employee must provide evidence of his or her entitlement to adoption leave. This will be in the form of a statement or certificate from the adoption agency that matched the employee with the child, and must contain:-
Principles - Ordinary adoption leave
In particular to OAL however:-
Principles - Additional adoption leave
Disrupted placement
Should any of these three situations occur, the employee's adoption leave period will end 8 weeks after the end of:-
In the event that the child's placement ends within 8 weeks of the end of the employee's OAL period as a result of any of the three events set out above, the employee's OAL will continue until the expiry of the 26 week period. He or she is then entitled to AAL, which will end 8 weeks after the week in which the event occurred. This 8 week period allows an adopting, or prospectively adopting employee, time to come to terms with the ending of the placement (or the child's death), before returning to work. Each case should be considered individually, and depending on the circumstances, with regard to consideration being given to a further period of special leave without pay being approved.
Time off to attend appointments
Employees who have made such appointments are encouraged to try to attend meetings outside of office hours. However, where this is not possible, time off with pay will normally be granted provided the required written evidence (as set out above) is supplied to the employee's line manager.
Any employee seeking to take time off to attend such appointments pursuant to the adoption process must advise his/her line manager, and where possible, provide a reasonable amount of notice in advance of the appointment itself.
Statutory Adoption Pay
Returning to work from OAL or AAL
Sickness absence during or following adoption leave
An employee who is not well upon his or her return to work at the end of the adoption leave period, will be treated as if he or she had returned and is currently on sick leave. In these circumstances, the employee must comply with the requirement for sick leave contained in chapter 3 of this volume of the PMM upon return to work.
Once a period of paid sickness absence following adoption leave has ended, an employee is expected to return to work.
Miscellaneous
Maternity support leave
Introduction
Definitions and explanations
For the purposes of this chapter, the following definitions will apply:
Eligibility requirements
Amount of maternity support leave
The amount of leave is not affected by the number of children born/placed for adoption.
Notification
Employees must inform the Department in writing of:
Employees can change the start date of their maternity support leave period provided that they give the Department at least 28 days' notice in writing, unless that is not reasonably practicable (in which case notice should be given as soon as is reasonably practicable). Such notice must be provided:
Evidence and requirements
An application for maternity support leave (Appendix 2) must be completed.
Principles - Maternity support leave
Maternity Support Leave can be taken from:
Maternity Support leave must be completed within 56 days of the actual date of birth/placement of the child unless, in cases of birth, the baby is born early in which case leave must be completed within 56 days of the first day of the expected week of childbirth. Maternity Support leave cannot begin before the child's birth/placement for adoption.
Returning to work from maternity support leave
if (a), (b) or (c) apply, employees are entitled to return to the same job unless it is not reasonably practicable for you to do so, in which case employees are entitled to return to a suitable and appropriate job.
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