Police Staff and Police Officer Maternity, Paternity, Shared Parental and Adoption Leave policy (PS 179)
AIMS AND OBJECTIVES OF THE POLICY
Nottinghamshire Police and the Office of Police and Crime Commissioner (OPCC) recognise that all police officers and police staff should have a healthy work-life balance and have the ability to combine a career with parenthood. This policy complies with police regulations and current employment legislation.
The aim of the policy is to provide the framework for the maternity, paternity, shared-parental and adoption leave provisions available to police officers and police staff.
The policy applies to all police officers and police staff working for Nottinghamshire Police and the OPCC. There are some differences between police officer and police staff entitlements, where this is applicable it is highlighted. For the purposes of this policy, staff refers to those individuals employed by Nottinghamshire Police and the OPCC.
SECTION 3 POLICYSTATEMENT
3.1 Key Principles of the Policy
- To provide the appropriate information to all police officers and police staff with regard to fertility treatment, maternity, paternity, adoption and shared parental leave and adoption/surrogacy rights. Whilst fulfilling the Force’s priorities of developing a workforce fit for the future
- To ensure that a risk assessment is carried out for every individual that notifies the force that they are going to start/are undertaking fertility treatment, pregnant police officer or police staff member to ensure that they are not required to carry out any duty which puts them at significant risk whilst undertaking fertility treatment and/or during their pregnancy
- To allow pregnant police officers and police staff to continue working as far into their pregnancy as they wish, subject to continued good health
- To support officers and staff to feel supported and help with a positive return back to work
3.2 Terminology
The policy makes reference to a number of specialist terms. Below is a list of abbreviations that may be found throughout this.
Continuous Service
The policy makes reference to a number of specialist terms. Below is a list of abbreviations that may be found throughout this.
EWC - Expected Week of Childbirth
OML - Ordinary Maternity Leave
SML - Statutory Maternity Leave
AML - Additional Maternity Leave
SMP - Statutory Maternity Pay
SPP - Statutory Paternity Pay
OMP - Occupational Maternity Pay
EMP - Enhanced Maternity Pay
MATB1 - The maternity certificate issued to confirm the expected week of childbirth
MA - Maternity Allowance
SPL - Shared Parental Leave
PL - Paternity Leave
SAP - Statutory Adoption Pay
OAL/AAL - Ordinary Adoption Leave/Additional Adoption Leave
KIT/SPLIT - Keeping in Touch days/Shared Parental leave-in – touch days
QW - Qualifying Week
Full week - Police Staff - 37 hours Police Officers - 40 hours
SECTION 4 MATERNITY LEAVE AND PAY
- Maternity provisions are linked to length of service. To determine eligibility, it is important to know the date employment commenced for police staff or joined the police service for police officers
- Police staff and police officers are entitled to 26 weeks of OML and 26 weeks of AML. The combined 52 weeks is known as SML
- Police officers and Police staff are entitled to a maximum of 15 months maternity leave. Maternity leave can be taken at any time commencing 6 months before the expected week of childbirth, (EWC), to 12 months after the EWC with a maximum of 15 months in total. It should be noted that taking maternity leave from 6 months before EWC will result in a 2 week break in pay before maternity pay starts at 11 weeks prior to EWC
- Police staff can take maternity leave in more than one period, which allows the employee to return to work for example, a court appearance or training course, and then resume maternity leave
- Police staff can take maternity leave in more than one period allows the employee to return to work for example, a court appearance or training course, and then resume maternity leave
- Police staff can take annual leave during a break in maternity leave; otherwise any accrued or unused annual leave should be carried over to the next leave year
- If maternity leave has not been commenced when the baby is born, then the maternity leave starts the day after the child’s birth
- All leave or pay is proportionate for part time employees
- Compulsory Maternity Leave requires that a minimum of 2 weeks leave after the birth of a child must be taken by both police officers and police staff. Nottinghamshire Police or the OPCC should be advised by the individual that they wish to take SML at least 15 weeks before the beginning of the week that the baby is due, however if this is not possible, then it should be as soon as possible
4.1 Eligibility for Maternity Leave and Pay
| Whi is Entitled | Qualifying Period | Pay Entitlement | Leave Type |
|---|---|---|---|
| Police officer & police staff | Less than 41 weeks continuous service by the expected week of child birth (EWC) |
None, but able to claim Maternity Allowance | 26 weeks OML 26 weeks AML |
| Police officer & police staff | 41 weeks or more continuous service by EWC | 6 weeks higher rate SMP. 33 weeks lower rate SMP |
26 weeks OML 26 weeks AML |
| Police officer | 63 weeks or more continuous service in Nottinghamshire Police or any other police force at EWC |
26 weeks full pay (including SMP)(under Police Regulations) and 13 weeks lower-rate SMP is paid on the condition that the officer will return to work after maternity leave and will complete one month’s service. Where an officer does not return to duty as prescribed at the end of the maternity leave, the full pay must be repaid (less SMP). Officers may exchange the final 5 weeks of the 26 weeks full-pay for 10 weeks at half pay and half rate lower rate SMP. Followed by 8 weeks lower rate SMP. |
26 weeks OML 26 weeks AML |
| Police staff | 63 weeks or more service at EWC in Nottinghamshire Police or any other employment continuous employment determined under the Police Staff Council Handbook see section 7.2 | 26 weeks full pay (offset against SMP) and 13 weeks lower rate SMP is paid on the condition that the staff member will return to work after maternity leave and will complete one month’s service. Where the staff member does not return to work as prescribed at the end of the maternity leave, the full pay must be repaid (less SMP). Staff member may exchange the final 5 weeks of the 26 weeks full pay for 10 weeks at half pay and half rate SMP. Followed by 8 weeks lower rate SMP. |
26 weeks OML 26 weeks AML |
4.2 Antenatal Care
A reasonable amount of paid time off may be taken to attend antenatal care. This may include doctor, hospital, clinic, relaxation classes or parent craft classes. It is appropriate to provide evidence of appointments except for the initial first appointment to the line manager should it be requested.
The prospective father of a baby, mother’s partner and intended parents in a surrogacy, (parental order), situation have a right to take unpaid leave on 2 occasions, each for a period of up to 6.5 hours to accompany the mother for antenatal care appointments. Nottinghamshire Police and OPCC will enhance and provide pay for these 2 occasions.
4.3 Sickness
Normal sickness entitlements apply for individuals undergoing fertility treatment or for the pregnant mother. Whilst maternity leave is not a sickness, individuals may experience sickness relating to fertility or pregnancy, post natal depression, mental health issues so line managers should be supportive and follow the attendance management guidance.
Police Officers
Should the pregnant mother be absent from work due to a pregnancy related illness during the 4 weeks before the baby is due, statutory maternity pay (SMP) will commence from the following day of absence. Maternity leave and maternity pay will continue to commence on the day the police officer notified the force that she wishes it to commence.
Police Staff
Should the pregnant mother be absent from work due to a pregnancy related illness during the 4 weeks before the baby is due, maternity leave will commence from the following day of absence.
4.4 Health and Safety
It is essential that the health and safety of the pregnant police officer or police staff member is not put at risk whilst continuing to work during their pregnancy. New mothers who have given birth
within 6 months are also covered by this legislation. Once the line manager is aware that one of their team is starting/undergoing fertility treatment or are pregnant or have returned to work after maternity leave, they should arrange for a risk assessment to be carried out as soon as possible. Nottinghamshire Police or the OPCC will implement the recommendations of the risk assessment, offer suitable alternative work or suspend the individual from work, on full pay, as long as necessary to protect the health and safety of the individual, and that of their unborn child.
4.5 Uniform
Maternity wear is available from Uniform Stores Team - uniform portal and should be discussed with the individual’s line manager. This uniform is for uniformed police officers and uniformed police staff. It is not compulsory that it is worn. For more information on viewing and ordering maternity wear please refer to PD 640 Maternity, Paternity and Adoption Leave Procedure. Line managers can also consider relaxing the uniform to support individuals undergoing the fertility treatment. For guidance on this, please discuss this with your People Services Advisor.
SECTION 5 PATERNITY LEAVE AND PAY
Paternity leave is a period of paid leave for those individuals whose partners give birth or adopt a child. Paternity leave allows an individual to spend time with a new child and support their partner. For the purposes of identifying whether an individual qualifies, the definition of a partner is ‘someone who lives with the mother of the baby in an enduring family relationship but is not an immediate relative’. It applies to partners of either sex.
5.1 Eligibility for Paternity Leave
Paternity leave is available to be taken either one or two consecutive calendar weeks’ paid paternity leave. It cannot be taken as single days.
The Paternity Leave (Amendment) Regulation 2024 will apply only to children whose expected week of birth begins after 6th April 2024. For individuals whose child is born or placed for adoption with effect from 6th April 2024, eligible employees are entitled to take up to two weeks statutory paternity leave. Police officers and police staff are entitled to split their leave into two separate blocks of one week, instead of having to take it all in one period.
To be eligible the individual must tell Nottinghamshire Police or the OPCC that they are one or both of the following:
- the child’s father
- married to, the civil partner or partner of the mother or birth parent/child’s main adopter – this includes same sex partners
- taking the leave to care for the child or support their partner
For surrogacy arrangements
To take statutory paternity leave, the intended parent must:
- Intend to apply for a parental order in the 6 months after the baby's birth and expect it to be granted
- Meet the eligibility criteria for statutory paternity leave
To qualify for the full two weeks’ pay and leave individuals will have worked continuously for 26 weeks ending with the 15th week before the baby is due, (the qualifying week) (41 weeks continuous service). The qualifying date for adoption is the week in which the individual is notified of being matched.
Leave must be taken within 56 days of either of the actual date of birth of the child or around the time of adoption.
Shared parental leave: A police officer or police staff or staff of the OPCC who wishes to take both paternity leave and shared parental leave must ensure that they take their paternity leave first. This is because an officer, staff or staff of the OPCC cannot take paternity leave if they have already taken a period of shared parental leave in relation to the same child.
The Lifecycle team and the line manager must be advised that an individual wishes to take paternity leave at least by the 15th week before the child is due, or within 7 days of being matched with a child for adoption.
A minimum of 28 days’ notice is required to cancel paternity leave.
| Who Is | Qualifying Period | Pay Entitlement | Leave Type |
|---|---|---|---|
| Police officers and police staff |
41 weeks continuous service In Nottinghamshire Police or the OPCC before the expected week of childbirth. For adoption purposes individuals should have 26 weeks continuous service in Nottinghamshire Police or the OPCC at the week the individual is notified of being matched with a child for adoption |
2 weeks full pay or Pro rata for part- time police officers and police staff |
2 weeks or Pro-rata for part time officers and |
| Police officers and police staff |
No qualifying period | 1 week full pay or 40 hours for police officers/37 hours for police staff. If individuals do not have the relevant continuous service to qualify for SPP they are able to take 2 weeks leave with the second week being unpaid. Pro rata for part time police officers and police staff |
1 week or Pro-rata for part time officers and staff. |
Eligibility for unpaid Parental Leave for a child aged up to 18 years is specified in the Parental Leave Policy PS154.
SECTION 6 ADOPTION LEAVE AND PAY
Police staff and police officers are entitled to 52 weeks of adoption leave made up of 26 weeks Ordinary Adoption Leave and 26 weeks of Additional Adoption Leave.
There is no qualifying period for the right to take adoption leave. Eligibility and qualifying criteria for paid adoption leave are identified below.
Parents in a surrogacy situation and ‘foster to adopt’ arrangements have the same rights as adoptive parents.
Eligibility for Statutory Adoption Pay in surrogacy arrangements require an employee to have worked for at least 26 weeks by the 15th week before the baby is due. All other conditions for qualifying for leave and pay are the same as for adoptive parents.
Employees qualifying for adoption leave are allowed paid time off work to attend up to 5 adoption appointments after they have been matched with a child.
6.1 Eligibility for Adoption Leave
- Police officers and police staff who are matched with a child to be placed for adoption under UK law by an approved adoption agency
- The individual should advise Nottinghamshire Police or the OPCC within 7 days of being matched with a child on how much leave they require, the start date, and date of the placement
- Adoption leave can commence either from the date the child starts living with the individual or up to 14 days before the date the child is expected to start living with the individual. The maximum period is 52 weeks
- For births under surrogacy arrangements Nottinghamshire Police and the OPCC should be advised by the individual that they wish to take Adoption Leave at least 15 weeks before the beginning of the week that the baby is due, however if this is not possible, then it should be as soon as possible
- A minimum of 28 days’ notice is required of the date to stop work and for adoption pay to start
One member of a couple is eligible. They must choose which partner takes adoption leave. The partner of an individual who adopts, or the other member of a couple who are adopting jointly, may be entitled to paternity leave and/or pay and shared parental leave and/or pay, subject to meeting the appropriate eligibility criteria.
6.2 Eligibility for Adoption Leave and/or Pay
| Who is entitled | Qualifying period | Pay entitlement | Leave type |
| Police officer | Less than 26 weeks continuous service ending with the week in which the officer is notified of being matched with a child for adoption | 1 week full pay (40 hours) | 26 weeks OAL 26 weeks AAL |
| Police officer | 26 weeks or more continuous service but less than 1 year ending with the week in which the officer is notified of being matched with a child for adoption |
1 week full pay (40 hours) 38 weeks SAP (5 weeks at 90% and 33 weeks lower SAP) 13 weeks unpaid |
26 weeks OAL 26 weeks AAL |
| Police officer | 1 year’s continuous service by the week in which the officer is notified of being matched with a child for adoption |
26 weeks full pay, (including SAP), (under Police Regulations) is paid on the condition that the officer will return to work after adoption leave and will complete one month’s service. Where an officer does not return to duty, as prescribed, at the end of the adoption leave, the full pay must be repaid (minus SAP). Officers may exchange the final 5 weeks of the 26 weeks full pay for 10 weeks at half pay and half rate SAP. Followed by 8 weeks lower rate SAP |
26 weeks OAL 26 weeks AAL |
| Police Staff | Less than 26 weeks Continuous service ending with the week in which the staff member is notified of being matched with a child for adoption |
1 weeks full pay (37 hours) |
26 weeks OAL 26 weeks AAL |
| Police Staff | 26 weeks or more continuous service but less than 1 year ending with the week in which the staff member is notified of being matched with a child for adoption |
1 week full pay (37 hours) 13 weeks unpaid |
26 weeks OAL 26 weeks AAL |
| Police staff | 1 year’s continuous service by the week in which the staff member is notified of being matched with a child for adoption. The continuous service is in Nottinghamshire Police as a police staff and/or any other continuous employment determined under the Police Staff Council Handbook see section 7.2 |
26 weeks full pay, (offset Where a staff member does not return to work, as prescribed, at the end of the adoption leave, the full pay must be repaid. (minus SAP) Police staff member may exchange the final 5 weeks of the 26 weeks full pay for 10 weeks at half pay and half rate SAP. Followed by 8 weeks lower rate SAP. |
26 weeks OAL 26 weeks AAL |
Payment of Occupational Adoption Pay to police officers and police staff is subject to the officer/staff member not returning to work for a minimum of 1 month. If the officer/staff member does not return to duty as prescribed at the end of the adoption leave, the officer will be required to repay the Occupational Adoption Pay in excess of Statutory Adoption Pay (SAP).
SECTION 7 SHARED PARENTAL LEAVE AND PAY
Shared Parental Leave (SPL) allows mothers, fathers, partners to share time off work, if the mother curtails her rights to maternity pay, and/or leave.
Shared Parental Leave and/or Statutory Shared Parental Pay (ShPP) is also available to adoptive parents, prospective parents in fostering for adoption and intended parents in surrogacy arrangements who intend to apply for a parental order.
When an employee gives the employer a period of leave notice, they can request either a single block of leave or discontinuous periods of leave. If the employee requests discontinuous leave, the employer can refuse the request and require the employee to withdraw the request or take the leave in a continuous block. However, if an employee requests a continuous period of leave, the employer must agree to it.
Employees can submit up to three separate leave notices. Therefore, an employee can take three separate blocks of leave, provided that they give their employer a separate notice of each period of leave, at least eight weeks before it starts.
Each parent qualifies separately for Shared Parental Leave (SPL) and Shared Parental Pay (ShPP).
To be eligible for Shared Parental Leave the mother/adoptive parent must:
- have a partner
- be entitled to maternity/adoption leave; or to statutory maternity/adoption pay or maternity allowance
- have curtailed, or given notice to reduce, their maternity/adoption leave or their pay/allowance
7.1 A parent who intends to take SPL must:
- be an employee. (For the purposes SPL Police Officers are included in this definition)
- share the primary responsibility for the child with the partner at the time of birth or adoption
- have properly notified their employer of their entitlement and have provided the necessary declarations and evidence
- give 8 weeks binding notice to bring maternity/adoption leave to an end
In addition, a parent wanting to take SPL is required to satisfy the following Continuity of Employment Test and their partner must meet the Employment and Earnings Test:
- Continuity of Employment – 26 weeks continuous employment ending with the 15th week before the week of childbirth/adoption matching date and remains in employment at the start of each leave period
- Employment and Earnings Test – in the 66 weeks leading up to the baby’s expected due date/adoption matching date have worked for at least 26 weeks and earned an average of at least the maternity allowance threshold set by the Government, for any of those 66 weeks
The amount of leave available is calculated using the mother’s entitlement to maternity/adoption leave, which allows up to 52 weeks leave.
2 weeks statutory minimum maternity/adoption leave must be taken by the mother/adoptive parent following the birth/adoption.
If the mother/adoptive parent reduces their entitlement to leave then, subject to meeting eligibility criteria, they and/or their partner can take any remaining weeks as SPL
If eligible, the mother will be entitled to up to 39 weeks maternity/adoption pay. If adoptive parent gives the required notice to reduce their entitlement before the 39 weeks ends, then any remaining weeks could become available as Shared Parental Pay.
7.2 Eligibility for Shared Parental Pay, (ShPP), is determined by the following criteria:
- meeting the Continuity of Employment and the Employment and Earning Test under SPL
- in addition the employee must have earned above the Lower Earnings Limit in the 8 weeks leading up to and including the 15th week before the child’s due date/adoption matching date, and
- still be employed at the start of the first period of ShPP
Shared Parental Pay will be paid at the Statutory Rate set by the Government or 90% of average weekly earnings, whichever is lower.
To assist employees the Government has produced a shared parental leave and pay calculator which can be found at www.gov.uk
More detail on the provision for Shared Parental Leave and Shared Parental Pay can be found in a dedicated procedure covering this (PD 649).
SECTION 8 CONTACT DURING MATERNITY/ADOPTION OR SHARED PARENTAL LEAVE
There will be agreement between the individual on leave and their line manager on arrangements for contact during the period of leave.
During any period of leave legislation provides for Keeping in Touch (KIT) (maternity/adoption) and Shared Parental Leave in Touch, (SPLIT) days. These are set at up to 10 and 20 days respectively. To assist keeping in touch information technology will be retained and suitably enabled.
More detail on contact and the operation of KIT and SPLIT days can be found in the Maternity, Paternity, Shared Parental and Adoption Leave Guides and Procedures.
SECTION 9 ANNUAL LEAVE
Annual leave and public holidays continue to accrue during periods of maternity, adoption and shared parental leave.
Arrangements for booking and any carry-over of annual leave can be found in the Leave Policy, Maternity, Paternity, Shared Parental and Adoption Leave procedure and guide.
SECTION 10 PENSION
Pension contributions will continue to be made during any period when the individual is receiving pay for parental leave, but not during a period of unpaid leave.
The individual contributions will be based on actual pay, while the Force contributions will be based on the salary the person would have been receiving had they not been taking leave.
Individuals will have the option of paying contributions on any unpaid period to keep pension service unbroken within one month returning to work or from the date of the letter (whichever is the latest date). Payroll will supply the cost/amount as soon as an officer/police staff or staff of the OPCC return.
SECTION 11 IN-VITRO FERTILISATION (IVF) OR OTHER FERTILITYTREATMENT
Nottinghamshire Police and the OPCC recognises the emotional circumstances that IVF treatment can involve and understands the potential anxiety and distress that individuals may suffer when going through such treatment.
Line managers may authorise police officers or police staff a total of five paid days (40 hours for a police officer, 37 for a police staff member) pro rata’d for part time paid leave in any 12-month period the purpose of receiving or recovering from IVF treatment.
The partner of the person receiving treatment may have 2.5 paid days (20 hours for police officers or 18.5 for police staff) authorised to support their partner through the treatment. To qualify for this support leave the individuals must have completed 26 weeks service with Nottinghamshire Police or the OPCC.
SECTION 12
Individuals can contact the Wellbeing Support Team or the People Services Advisor who will provide advice and support to the individual concerned.
Help and support is also available through our employee assistance programme (EAP). Individuals can use the EAP to speak to an independent adviser on a confidential basis for emotional support or any issue that is troubling them.
STATEMENT OF LEGISLATIVE COMPLIANCE
This document has been drafted to comply with the general and specific duties in the Equality Act 2010; Data Protection Act 2018; Freedom of Information Act; European Convention of Human Rights; Employment Act 2002; Employment Relations Act 1999, The Paternity Leave (Amendment) Regulations 2024, The Shared Parental Leave Regulations 2014; The Shared Parental Pay (General) Regulations 2014; The Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave); 2014 Children and Families Act 2014.
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PS 179:
Police Staff and Police Officer Maternity, Paternity, Shared Parental and Adoption Leave policy
Type of Document:
Policy
Version:
3.4
Registered Owner:
Claire Salter - Head of People Services and Organisational Development
Author/Reviewer:
Sue Sullivan
Effective Date:
March 2024
Review Date:
March 2029
Replaces Document (if applicable):
N/A
Linked Documents:
PG 039 Maternity, Paternity, Shared Parental and Adoption Leave Guide
PD 640 Maternity, Paternity, Shared Parental and Adoption Leave Procedure
PS 154 Parental Leave Policy
PD 649 Shared Parental Leave Procedure Shared Parental Leave FAQ’s and Examples
PS 165 Leave Policy