This instruction applies to : / Reference :
All staff directly employed by Public Sector Prisons
HMPPS HQ / PSI 61/2011
AI 15/2011
Issue Date / Effective Date
Implementation Date / Expiry Date
13 July 2017
(Revised) / 06 October 2011 / N/A
Issued on the authority of / HMPPS Agency Board
For action by / All staff responsible for the development and publication of policy and instructions (Double click in box, as appropriate)
HMPPS HQ
Public Sector Prisons
Contracted Prisons*
National Probation Service (NPS)
Community Rehabilitation Companies (CRCs)
HMPPS Immigration Removal Centres (IRCs)
Other Providers of Probation and Community Services
Governors
Heads of Groups
HR Business Partners
Shared Services
Line Managers
* If this box is marked, then in this document the term Governor also applies to Directors of Contracted Prisons
Instruction type / HR function
For information / All staff directly employed by Public Sector Prisons and HMPPS HQ
Provide a summary of the policy aim and the reason for its development / revision / Introduces a revised policy in place of AI 07/2011 and PSI 21/2011 Paternity/Maternity Support Leave. Copies of these held on the Intranet will be removed; hard copies must be removed locally.
Update July 2017 - The Terms and Conditions in this AMENDED PSI are the same as in the original version. Minor clarifications have been made to the scope of this policy, by removing the reference to casual staff, and appropriate references to Shared Parental Leave have been added. Paragraph numbers have been amended throughout and the expiry date has been removed.
Contact / Shared Services HR Contact Centre
' 0845 010 3504
Associated documents / Paternity/Maternity Support Leave process, procedures and guidance
Replaces the following documents which are hereby cancelled :-
AI 07/2011
PSI 21/2011
Audit/monitoring:
Mandatory elements of instructions must be subject to management checks (and may be subject to self or peer audit by operational line management/contract managers/HQ managers (delete as appropriate), as judged to be appropriate by the managers with responsibility for delivery. In addition, HMPPS will have a corporate audit programme that will audit against mandatory requirements to an extent and at a frequency determined from time to time through the appropriate governance.
Introduces amendments to the following documents
Notes: All Mandatory Actions throughout this instruction are in italics and must be strictly adhered to.
PAGE 3
CONTENTS
Section / Subject / Applies to1 / Executive Summary / All staff
2 / Policy and Operational Instructions
3 / Paternity/Maternity Support Leave Policy / Relevant staff and managers
4 / Key Intranet and Access Information
1. Executive summary
Background
1.1 A review of the Paternity/Maternity Support Leave policy has taken place in order to keep pace with present legislation and produce a comprehensive policy that is fair to staff and consistent with policies aimed at other public sector workers.
Desired outcomes
1.2 The policy and guidance document aims for an improved format and greater clarity. It takes into account present legislation and provides a coherent approach to paternity/maternity support leave across the MoJ.
Application
1.3 HR colleagues and Shared Services should be aware of the full contents of the document. Process, procedures and guidance has been written for use on My Services.
Mandatory actions
1.4 Governors must make sure that HR departments, staff and line managers apply paternity/maternity support leave arrangements as set out in this document.
Resource Impact
1.5 There should be minimal resource implications resulting from the re-issue of this policy, with no changes to existing provisions for paternity/maternity support leave.
(Approved for Publication)
pp. Dave Mann
Deputy Director of Human Resources, HMPPS
Martin Beecroft
Executive Director of Human Resources, HMPPS
2. Policy and Operational instructions
2.1 The policy came into effect on 06 October 2011 and should be adhered to at all times.
Policy Statement
2.2 The Ministry of Justice (MoJ), including HMPPS, recognises the needs of employees with parental responsibilities to have time off to assist in the care of a child around the time of the birth or adoption and offers Paternity/Maternity Support leave to eligible men and women.
2.3 Paternity/Maternity Support leave is totally separate from, and cannot be taken in addition to, maternity or adoption leave.
3. Paternity/Maternity Support Policy
Principles
3.1 The main principles that underpin this policy are that:
· It is compliant with employment legislation including statutory requirements.
· It applies to all eligible employees who meet the qualifying criteria.
· Paternity/Maternity Support leave (P/MSL) is either one or two consecutive weeks leave, paid at full contractual pay if certain qualifying conditions are met.
· MoJ will provide reduced hours employees with a pro rata amount of leave in accordance with hours worked and based on the two weeks maximum (P/MSL).
· Where MoJ employs both parents, only one of them will be entitled to take Paternity/Maternity Support Leave.
WHO DOES IT APPLY TO?
3.2 This policy applies to all eligible permanent, temporary and fixed term employees. It does not apply to staff on career break, agency staff or contractors.
3.3 Employees eligible for leave under this policy must:
· be the biological father of the child and/or the mother’s husband, civil partner or partner; OR
· be jointly adopting a child with their spouse/partner or be partner of someone adopting a child; AND
· have or are expected to have responsibility for the child’s upbringing;
· be taking time off to support the mother/adopter and/or care for the child.
MAINTAINING CONFIDENTIALITY
3.4 Managers and employees, and all parties involved in operating the Paternity/Maternity Support Policy are expected to maintain confidentiality. If one employee breaches another employee’s right to confidentiality, this may be treated as a disciplinary offence, depending on the circumstances.
Roles and Responsibilities
3.5 All employees will:
· Follow the policy contained in this document.
· Be reasonable and timely in their requests where possible.
· Provide supporting evidence where required.
· Keep their line manager informed of any changes as soon as they become known.
· Make themselves aware of other information available including maternity provisions, childcare and flexible working pages on My Services.
3.6 As a manager you must:
· Ensure the policy is complied with in your own area.
· Ensure your employees have access to appropriate resources including maternity provisions, shared parental leave, childcare and flexible working pages on My Services.
· Discuss any queries on the application or interpretation of this policy with Shared Services.
· Be reasonable, flexible and timely in response to requests.
· Notify Shared Services as soon as the leave is authorised.
· Keep appropriate records of leave taken.
3.7 HR Policy will:
· Monitor the policy to ensure that it remains in line with relevant legislation.
3.8 Shared Services will:
· Support managers and employees on the application of the policy.
3.9 List of Useful Terms and Abbreviations
Ministry of Justice (MoJ)
All references to MoJ in this policy include HMPPS. Where there are specific provisions made for HMPPS, HMPPS is specifically identified.
Expected Week of Childbirth (EWC) - The week in which it is expected that the baby will be born. It always starts from the Sunday on or before the date the baby is due.
P/MSL – Paternity/Maternity Support Leave
SPL – Statutory Paternity Leave
P/MSP – Paternity/Maternity Support Pay
SPP – Statutory Paternity Pay
Qualifying Week - The qualifying week starts on a Sunday and ends on a Saturday.
· Births - The 15th week before the EWC.
· Adoptions – The week in which the adopter is notified of having been matched with the child.
Partner - For the purposes of this policy, a partner is someone who lives with the mother of the child in an enduring family relationship but is not an immediate relative. A partner refers to civil partners and same sex partners.
Qualifying Criteria - Paternity/Maternity Support Leave and Pay
3.10 If you are an eligible employee, as specified above, you must meet all of the following criteria to qualify for occupational Paternity/Maternity Support leave and pay.
3.11 You must
1. have one year’s continuous government service -
· as at the expected week of childbirth (EWC) or
· as at the Date of Match - UK adoptions; or
· up to and including the week the child enters the UK – Overseas Adoptions.
2. notify the MoJ of your intention to take Paternity/Maternity Support Leave
· no later than the end of the 15th week before the expected week of childbirth or
· no more than seven days after the adopter is notified that they’ve been matched with a child and at least 28 calendar days before the actual date the leave is due to start. – UK Adoptions or
· in accordance with the correct notification procedure as outlined under the Process and Procedures ‘Applying for Paternity/Maternity Support/Statutory Paternity Leave’ document on My Services.
3. be in paid service with the MoJ from the ‘qualifying week’ up to the date of birth/child’s placement or until the point that the child enters the UK.
3.12 Employees who meet the above qualifying criteria are entitled to take either one or two weeks’ consecutive leave at full contractual pay. Leave cannot be taken as separate weeks or odd days. Employees who do not meet all of the criteria may be eligible for Statutory Paternity Leave/ Pay – see below.
Statutory Paternity Provisions
1. Statutory Paternity Leave (SPL)
3.13 If you meet all the above qualifying criteria for Paternity/Maternity Support, except for the one year’s continuous government service, you will be eligible for SPL which you may choose to take as either one week or two weeks’ consecutive leave if:
3.14 You have at least 26 week’s continuous service with the MoJ
· ending with the 15th week before the expected week of childbirth - ‘qualifying week’.
· ending with the week in which you are notified of having been matched with a child – the qualifying week for SPL - UK Adoptions: or
· ending with the week in which the official notification was received, or by the time you want your SPL to begin , whichever is later - Overseas Adoptions.
2. Statutory Paternity Pay (SPP)
3.15 To qualify for SPP you must meet the criteria for SPL above and:
· be an employed earner i.e. someone working for an employer who is liable to pay secondary Class 1 National Insurance contributions on their salary, and
· have average weekly earnings at or above the lower earnings limit for National Insurance contributions that applies at the end of the ‘qualifying week’.
3.16 Employees who do not meet the criteria for SPP can still take SPL if they have the required length of service but it will be unpaid.
What happens if the child is stillborn or dies after it is born?
3.17 If an employee’s wife or partner gives birth to a stillborn baby, they are still entitled to Paternity/Maternity Support or Statutory Paternity Leave but only if the birth happens after the completion of 24 weeks of pregnancy.
3.18 If the baby dies after birth, the employee is still entitled to take their P/MS leave.
3.19 In the event of a miscarriage (i.e. the pregnancy comes to an end before the completion of 24 weeks of pregnancy and the baby does not survive) there is no entitlement to any P/MS leave or pay.
4. Key intranet and access information
FORMS
4.1 Process, Procedures, Guidance and Forms related to this policy are available on My Services.
ALTERNATIVE FORMATS
4.2 If you cannot easily get access to the internet, your manager can give you a hard copy of the policy and/or guidance. For other formats or further advice contact Shared Services.
FURTHER INFORMATION
4.3 Contact Shared Services for any advice you require concerning this, or any other, HR Policy.
Shared Services HR Contact Centre
' 0845 010 3504
PSI 61/2011 AI 15/2011 UPDATE ISSUED 13/07/2017