16. Leave Arrangements
Employees of Our Company whether part-time or full-time are entitled to a minimum four weeks' paid annual leave. A week's leave allows you to be away from work for a week – that is the same amount of time as your working week. If you do a five-day week, you are entitled to 28 days leave per year, if you do a four-day week the entitlement is 22.4 days leave etc. Your manager will let you know your annual leave entitlement for the current leave year.
Holidays must be agreed with your manager as early as possible. The Company will where possible try to accommodate individual preferences for holiday dates but the needs of the business may have to take precedence, particularly where short or inadequate notice is given.
- The holiday year runs from 1st January to 31st December.
- Leave for employees joining after the start of the leave year accrues at the rate of one twelfth of the annual entitlement for each complete calendar month of service
- Leave for employees who terminate their employment during the leave year is calculated on the same basis. If, however, the annual leave entitlement has been exceeded, a deduction calculated on the same basis will be deducted from the final salary payment.
- Holiday pay in lieu of accrued leave will be paid only on termination of employment and will normally be subject to a maximum of 10 working days.
Our Company also recognises the 8 statutory Bank Holidays in addition to basic annual leave entitlement.
The 8 statutory Bank Holidays form part of employees 28 day annual leave entitlement.
Maternity '''Leave and Pay Policy
Pregnant employees will be entitled to take 26 weeks’ Ordinary Maternity Leave and 26 weeks Additional Maternity Leave,irrespective of their length of service or the number of hours worked each week.
You may not return to work during the two weeks immediately following the birth of your child (four weeks for women who work in factories).
You are free to chose when you would like your maternity leave to start, however, the earliest you can chose to start your maternity leave is during the 11th week before the expected week of your child’s birth.
In certain circumstances, your maternity leave may start automatically earlier than the date you chose as the start date for your maternity leave. This applies where you are absent from work wholly or partly because of pregnancy at any time during the four weeks before the expected week of childbirth or if you give birth early.
If you have at least26 weeks’ service by the end of the 15th week before your child is expected to be born, you may be entitled to Statutory Maternity Pay (SMP), provided your average weekly earnings are at or above the Lower Earnings Limit for National Insurance.
SMP is payable for39 weeks. For the first six weeks, SMP will be paid at 90% of your average weekly earnings. For the remaining33 weeks, SMP will be paid at the standard rate which is prescribed by regulations and is adjusted from time to time. The Company will inform you of the applicable rate. If your average weekly earnings fall below the standard rate, SMP will be paid at 90% of your average weekly earnings throughout.
SMP will be paid subject to deductions for tax and National Insurance contributions in the normal way.
In order to be eligible for maternity leave and SMP, you are required to notify your line manager in writing by or during the 15th week before the expected week of your child’s birth. You must inform your Line Manager of the following:
- you are pregnant
- the week in which your child is due
- the date you intended to start your maternity leave
- the date from which you will be claiming SMP
You should enclose a MAT B1 certificate with your written notification signed by your registered doctor or registered midwife to confirm the expected week of childbirth.
Within 28 days of receiving your notice, the Company will notify you in writing of the date when your maternity leave will end.
You may change the date you start your maternity leave providing you give at least 28 days’ notice in writing of either the new start date or the original start date (whichever is earliest).
Within 28 days of receiving your notice, the Company shall notify you in writing of the date when your maternity leave will end.
Prior to your departure on maternity leave, your line manager will meet with you to discuss your rights and entitlements during maternity leave, the possibility of flexible working on your return to work and the level of contact you would like with the Company during your maternity leave. You should feel free to raise at this meeting any queries or concerns you have.
Your line manager may also offer you up to 10 days work during your maternity leave. It is up to you if you wish to work these days. The rate of pay for the work will be agreed in advance with you. Your right to maternity leave and SMP will not be affected.
During Ordinary Maternity Leave, you will continue to receive your contractual benefits and your normal terms and conditions will continue to apply, except for those terms relating to wages and salary. You will continue to accrue holiday [but holiday must be taken in the year it is earned].
During Additional Maternity Leave, the rights and obligations under your contract of employment are reduced, but you must still give notice in accordance with your contract of employment if you want to leave. In addition, you will continue to be bound by your obligations of confidentially and loyalty. Only statutory holiday will accrue.
If any pregnant employees, or employees who have recently become mothers or who are breastfeeding are employed in positions which have been identified as posing a risk to their health and safety or that of their baby they will be notified immediately and arrangements will be made to eliminate the risks.
If you have concerns about your own health and safety at any time you should consult your Line Manager immediately.
You do not have to notify the Company separately of your return date. It will be assumed that you will come back to work on the date the Company has notified you is the end of your maternity leave period. However, if you wish to return to work before the end of your full maternity leave entitlement, you should give your line manager at least8 weeksnotice in writing of your intended return date.
If you return to work immediately after a period of Ordinary Maternity Leave you will return to work in the same job you left before you started your maternity leave.
If you return to work from a period of Additional Maternity Leave, you will return to the same job you were employed to do. If this is not reasonably practicable, you will be offered a similar job on equally favourable terms and conditions.
If you decide not to return to work after maternity leave, you should confirm this in writing and give the notice required by your contract of employment.
On your return from maternity leave, your line manager will arrange a meeting with you to discuss any changes which have taken place during your absence. This will be an opportunity to discuss any issues relating to breastfeeding. You should also feel free to raise at this meeting any queries or concerns you have.
Parallel arrangements are available for the adoption of a child.
Paternity Leave and Pay
Statutory Paternity Leave is a maximum of two weeks’ leave, following the birth of a child, taken in order to support the mother or care for the new child. It can be taken as a single week or two consecutive weeks. It cannot be taken as odd days or as two separate weeks.
Statutory Paternity Leave must be taken within 56 days of the birth. If the baby is born earlier than expected, it must be taken within 56 days from the date the baby was due.
To qualify you must have worked for the Company for at least 26 weeks by the end of the 15th week before the expected birth week.
Statutory Paternity Pay is paid at a fixed rate per week (determined in legislation) or 90% of average earnings if that is less. It is paid less tax and National Insurance contributions in the normal way.
During Statutory Paternity Leave, you are entitled to all of your normal contractual terms and conditions as if you were not absent, apart from basic wages and salary. You have the right to return to exactly the same job, on the same terms and conditions after Statutory Paternity Leave.
Paternity leave and pay are also available for the adoption of a child.
From 3rd April 2011, you may qualify for Additional Paternity Leave and Pay if either:
- you are the father of a child due on or after 3 April 2011
- your wife, partner or civil partner is pregnant and due to give birth to a child on or after 3 April 2011
- you and your partner receive notification that you are matched with a child for adoption on or after 3 April 2011
- your spouse, civil partner or partner (including same-sex relationships) is adopting a child from overseas and the child enters Great Britain on or after 3 April 2011
Additional Paternity Leave is for a maximum of 26 weeks. If your partner has returned to work, the leave can be taken between 20 weeks and one year after your child is born or placed for adoption. You may be entitled to receive Additional Statutory Paternity Pay during your partner's Statutory Maternity Pay, Maternity Allowance or Adoption Pay period.
Additional Statutory Paternity Pay is paid if you either:
- take Additional Paternity Leave
- are not working for the purposes of caring for your child, during your partner's Statutory Maternity Pay, Maternity Allowance or Statutory Adoption Pay period
An employee who has or expects to have responsibility for a child is entitled to take Parental Leave to care for that child. This includes the child’s registered father or anyone else who has or expects to have formal parental responsibility for the child. To be eligible to take Parental Leave, an employee must have been employed by the Company for at least one year. Both parents can take Parental Leave for each child they have who was born after 15th December 1999.
Parental Leave consists of 13 weeks’ unpaid leave or 18 weeks’ unpaid leave if the child is disabled. It can be taken at any time up to the child’s fifth birthday or up to the child’s 18th birthday if the child is disabled. Up to four weeks’ Parental Leave can be taken in respect of each child, each year, in blocks of one week or more. Employees cannot take the leave in blocks of less than one week, unless the child is disabled.You must give your line manager at least 21 days notice of your intention to take Parental Leave.
Time Off For Dependants
You are legally entitled to take a reasonable amount of time off to deal with certain prescribed emergencies involving certain dependants. This leave is called Time Off For Dependants. Time Off For Dependants can be taken, for example, if a dependant falls ill or is injured, if care arrangements break down, or to arrange or attend a dependant's funeral. A dependant is your child (including adopted child), husband, wife or parent. It also includes someone who lives in your household, and someone who reasonably relies on you, such as an elderly relative. Any time taken off must be necessary and reasonable in the particular circumstances.Time Off For Dependants is not paid.