Parental Leave Procedure 030818 v3.0 Page 1 of 4 Parental


Parental Leave Procedure 030818 v3.0 Page 1 of 4 Parental...

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Parental Leave Procedure This procedure is part of North Yorkshire Police policy to which all Chief Constable personnel and the functions provided by the Police and Crime Commissioner are required to adhere.

1 1.1 1.2

1.3

2 2.1

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Purpose Eligible parents have the right to take a period of time off work without pay for any purpose connected with the care of their child. The principles underpinning these procedures can be found in the Working Arrangements and Flexibility Policy. Individuals may also have other forms of leave available to them. Please see Maternity Leave Procedure – (Police Staff), Maternity Leave Procedure – Police Officers, Maternity Support Leave Procedure, Adoption Leave Procedure and Emergency Leave Procedure. These procedures apply to both Police Officers and Police Staff. There is no service requirement. Eligibility Unpaid parental leave is available; 2.1.1 To those individuals who are parents of children born to them, up to the age of 18. 2.1.2

In adoption cases, again up to the child’s 18th birthday.

2.1.3

For parents who have or expect to have parental responsibility for children born to or adopted by them, who have a disability (defined as being in receipt of disability living allowance), up to the age of 18.

Length Of Parental Leave

3.1

Parents can choose to take parental leave at any time subject to the exigencies of the service.

3.2

Eligible parents (as per 2.0 above) are entitled to receive 18 weeks in total for each child.

3.3

Eligible Police Staff can take up to a maximum of four weeks’ parental leave in any 12 month period, in respect of any individual child, unless agreed otherwise as at 3.7 below.

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3.4

Eligible Police Officers can take the parental leave at any time, as there is no limit to the number of weeks taken in any one year

3.5

Parents will be able to take parental leave in short or long blocks depending on what has been agreed. See 4.0.

3.6 Where NYP is the employer of both parents [either both police officers or police staff, or one of each], NYP will make a judgement as to whether both parent’s absence would not have a serious disruption to business or each individuals work, or there is some other exigency that would prevent both parents, as NYP staff, having the same time off together. Where this may be the case, NYP reserves the right to refuse and postpone one parents leave, whilst allowing the other. In extenuating circumstances parental leave provision can be extended at the discretion of the Head of Human Resources, to both the total amount, and the amount allowed in each 12 month period.

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Conditions

4.1

Parental leave must be taken in blocks or multiples of one week; where a week is 7 days. Therefore, there is no provision [other than as at 4.3 below] to take parental leave in days.

4.2

A week equals the length of time worked in a normal week. If an employee works irregular hours each week, the number of days in a week is the total number of days worked in a year divided by 52.

4.3

Parents of disabled children can take leave in blocks or multiples of one day.

4.4

A minimum of 21 days’ notice must be given.

4.5

The Force can postpone the leave for a significant reason, i.e.; serious disruption to business, for up to a maximum of six months and where NYP can demonstrate that the individuals work would be particularly disrupted if the leave were taken at the time requested. In such cases the force will write within 7 days of receipt of the request advising why the leave will be postponed. This notification will include suggested alternative start and end dates covering the same period of time as the original request, to start within 6 months of the requested start date.

4.5

Leave cannot be postponed for either parent, when the individual gives notice to take it immediately after the time the child is born or is placed with the family for adoption. Furthermore, Parental leave cannot be postponed if the postponement would mean that the employee would no longer qualify for parental leave.

4.6

Parental leave for Police Officers is subject to exigencies

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4.7

5

Applications for parental leave must be made on the Request for Parental Leave (PL1) form, and forwarded to HR who will undertake all necessary administration arrangements. Employees may be required to provide evidence of parentage. Return To Work After Parental Leave

5.1

In the case of police staff, at the end of parental leave, the individual is guaranteed the right to return to the same job as before if the leave was for a period of four weeks or less. If the parental leave was for a period of more than 4 weeks the individual is entitled to return to the same job, or, if that is not reasonably practicable, a similar job which has at least equivalent status, terms and conditions as the old job.

5.2

When parental leave follows maternity leave, the general rule is that a woman is entitled to return to the same job she had before the leave. If at the end of additional maternity leave, this would not have been reasonably practicable, and it is still not reasonably practicable at the end of parental leave, she is entitled to return to a similar job which has the same or better status, terms and conditions as the old job.

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Police Staff – Conditions of Service

6.1

Police Staff Conditions of Service state that “parental leave provisions equivalent to the Maternity and Parental Leave Regulations 1999 will apply to police staff”.

6.2

Leave taken as parental leave will be unpaid.

6.3

Parental leave will be reckonable for incremental pay, leave purposes and count as continuous service.

6.4

Parental Leave is authorised unpaid leave and may affect your pension. On return from a period of parental leave, a member of police staff will have a choice whether or not to buy back pension lost due to that period of authorised unpaid leave. The Local Government Pension Scheme website (www.lgps2014.org) has an online calculator which will calculate the amount an individual will need to pay to buy back this pension. The calculator creates an application form which must be printed and signed. This completed application form must be provided to NYP within 30 days of returning to work after that period of authorised unpaid leave. To complete the online calculator the individual must first have the figure for their lost pensionable pay, this can be requested from NYP Payroll. A flowchart showing the full process of buying back lost pension is available on the LGPS website.

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Police Officers – Conditions of Service

7.1

Police Regulations state that “parental leave provisions equivalent to the Maternity and Parental Leave Regulations 1999 will apply to the police service”.

7.2

Parental Leave is unpaid (PNB Circular 03/5).

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7.3

Leave taken as parental leave will be reckonable for incremental pay and leave purposes, and for the inclusion in any period of probationary service.

7.4

Officers are entitled to buy back, for pension purposes, reckonable service in respect of any parental leave. Officers must apply in writing within 3 months of the period of unpaid leave and must have been a member of the scheme immediately prior to the period of unpaid parental leave. It is recommended that Officers seek the advice of the Payroll department and also that of a professional Independent Financial Advisor, in respect of any matters to do with alterations to their pension situation.

Definition of Special Terms North Yorkshire Police – collectively the Police and Crime Commissioner and the Chief Constable in their respective corporate capacities as the employer of staff (or, in the case of the Chief Constable in so far as Police Officers are concerned, deemed or de jure employer. North Yorkshire Police Personnel – Collectively, Police Service Personnel and Commissioner Staff as defined below. Police Service Personnel – Police Officers under the direction and control of the Chief Constable and Police Staff in the employment of the Chief Constable. Chief Constable’s Staff – All staff in the employment of the Chief Constable of North Yorkshire Police Commissioner Staff – All staff in the employment of the Police and Crime Commissioner. Police Staff – collectively, Commissioner and Chief Constable staff Work colleague (in the capacity of the right to be accompanied) – any member of North Yorkshire Police Personnel

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