Leave & TOIL

 

Key information

  • PVCSE has a working week of 37.5 hours (for full time staff).

Negotiated processes

  • Any overtime must be negotiated and agreed with the team, and if over the delegated amount (set out in the financial procedures) it will have to be agreed with trustees too. 
  • TOIL must be negotiated and agreed with the team.
  • When leave is taken must be negotiated and agreed with the team. 

Entitlements

Everyone’s annual leave entitlement is the same (25 days per year, pro rata) and detailed in your contract of employment.

Your Rights

4.1 You have the right to 52 weeks’ maternity leave if you are having a baby and legally classed as an employee. After the first 2 weeks (compulsory), how much you take of the 52 weeks is up to you.

​​​​​​​4.2 You have this right from the first day of starting your job.

4.3 You are protected by law against unfair treatment or dismissal if it’s because of your pregnancy or maternity. It does not matter how long you have worked for your employer. You employer must put the reasons for dismissal in writing to you and if it can be linked to your pregnancy or maternity then you could claim unfair dismissal.

4.4 Similarly you do not have to tell an employer if you are pregnant at interview and this could not be a reason for rejecting you for a role.

Telling Your Employer You’re Pregnant

4.5 You need to inform PVCSE that you are pregnant no later than the 15th week before your baby is due, confirm the due date and the date you would like your maternity leave to start. The organisation can request to see a MAT B1 certificate which you get from your doctor or midwife once you are 20 weeks pregnant.

It’s advisable to put these details in writing to your employer.

4.6 PVCSE will respond within 28 days and confirm the date that your maternity leave will run to.

Taking Maternity Leave

4.7 You can start your maternity leave from up to 11 weeks before your baby is due or work right up until you give birth.

4.8 You must start your maternity leave by law after the baby is born, take at least two weeks off and take all your maternity leave in one go. Your maternity leave and pay end when you return to work.

Changing the Maternity Leave Start Date

4.9 If you want to change your maternity leave start date you must give PVCSE 28 days’ notice or agree a date with us.

4.10 If you are off because of your pregnancy in the four weeks before your baby is due, your maternity leave will start automatically the day after your first day off.

4.11 If your baby is born earlier than expected or is premature then your maternity leave will start straightaway. PVCSE will require notification as soon as possible. In these circumstances it is fine for a partner, family member or friend to let the organisation know.

4.12 If your baby is born later than expected you can still start your maternity leave from the specific date you had agreed with PVCSE. You will need to inform the organisation the date you have given birth as your compulsory maternity starts then.

4.13 If you planned to work up to the birth of your baby but want to start maternity leave early then you can ask PVCSE.

Holiday

4.14 You will accrue holiday entitlement during your maternity leave and this can be taken before or after maternity leave. It cannot be taken during as this would affect your maternity leave and pay.

If Your Contract Ends or Possible Redundancy

4.15 If you are on a temporary or fixed term contract due to end when you are on maternity, your employer does not have to renew it. However this decision cannot be related to your sex, pregnancy or maternity, by law. You can ask for the reason in writing.

If there is a possibility that you may be made redundant while on maternity leave, PVCSE must consult with you. You cannot by law be selected for redundancy because of your pregnancy, maternity leave or a related reason. This is automatically unfair dismissal as well as being unlawful discrimination.

If you are made redundant while on maternity leave you will be offered any suitable alternative vacancy if there is one and you will not need to apply for it.

Stillbirth, Miscarriage or Death of Baby

4.16 You are still entitled to maternity pay and leave if your baby was stillborn after the 24th week of pregnancy or your baby lives only a short time after birth at any stage of the pregnancy.

4.17 If you have a stillbirth or miscarriage before the 24th week of your pregnancy you are not entitled to maternity leave and pay but you will be entitled to paid leave. Please refer to section <<>> of this policy.

4.18 In order to support you in an appropriate way PVCSE will need to be advised in the event of a stillbirth, miscarriage or death. This could be by a partner, family member or friend.

Maternity Pay

4.19 If you have worked with PVCSE continuously for 26 weeks before your qualifying week (the 15th week before your baby is due) and earned at least £120 per week  in the eight weeks before your qualifying week ,then you qualify for statutory maternity pay (SMP).​​​​​​​

4.20. SMP will be paid for 39 weeks and PVCSE will advise you about your entitlement.

4.21 You will receive the same amount of maternity pay even if you have more than one baby, for example twins.

Time Off for Pregnancy Appointments

4.22 You will be allowed paid time off work for pregnancy related appointments such as scans and check ups. This will include time off for travelling to and from the appointment. Different working arrangements can be made in agreement with PVCSE where, for example, your appointment is in the middle of the day and you may wish to work from home afterwards.

This does not apply for IVF appointments.

Health and Safety During Pregnancy

4.23 You will have a specific health and safety risk assessment done to ensure that any workplace health and safety risks to you or your unborn baby are removed. This may include a temporary change of duties but will not affect your terms and conditions of employment or pay.

4.24 If you are experiencing a difficult pregnancy (morning sickness, pain, mental health issues), then you are encouraged to discuss this with PVCSE to see how you can be supported. This could include a change to start and finish times, extra breaks or working from home.

4.25 If you are absent due to sickness during your pregnancy and it is not pregnancy related, then this will be treated the same as other sickness absence.

4.26 If you’re off work because of your pregnancy in the four weeks before your due date, then your maternity leave and pay arrangements start automatically the day after your first day off, by law.

While on Maternity Leave

4.27 Before you go on maternity leave PVCSE will meet with you to discuss how you’d like to stay in touch. The organisation will advise you of any new roles being advertised, any promotion opportunities and any planned redundancies or reorganisation.

You can also agree how often you’d like to be in touch, how you would like to communicate (phone, email, keep in touch ‘KIT’ days) and what else you’d like to hear about, such as other social events and staff news.

4.28 You can agree up to ten KIT days during your maternity leave to help you stay connected. You will need to agree with PVCSE how many days you would like, whether you want to work the KIT days and what kind of work. If you only work half a day, that still counts as a full KIT day.

By law if you do more than ten KIT days then your maternity leave and pay will end automatically.

Returning to Work

4.29 If you take 26 weeks or less of maternity leave you have the right to return to the same role. This also applies if you have taken more than 26 weeks.

However, if there have been significant changes in the organisation and you are returning after more than 26 weeks of maternity leave it may not be possible to offer you the same role. In these circumstances you will be offered a similar role and suffer no detriment in terms of pay, benefits, grade, holiday entitlement and location.​​​​​​

4.30 If you want to change the date of your return to work you must let PVCSE know eight weeks before you are due to return.

4.31 You will have a health and safety risk assessment carried out on your return to ensure your safety and wellbeing, in accordance with HSE guidelines. (Link)

4.32 If you want to change your hours you can make a flexible working request to PVCSE following the Flexible Working Policy guidance.​​​​​​​

4.33 If you decide to leave your role with PVCSE during or after your maternity leave, you will follow the same process as normal, with the same notice period.

Your Rights

5.1 You can take two weeks of paid paternity leave if you are responsible for the child’s upbringing and you are the biological father or your partner is having a baby, adopting a child or having a child through surrogacy.

5.2 This also applies for same sex parents. One partner can take paternity leave and the other maternity or adoption leave.

5.3 To be eligible for paternity leave you must be classed as an employee and have worked for the same employer for 26 weeks from the 15th week before your baby is due (known as the qualifying week). This includes surrogacy.

5.4 To be eligible for paternity leave for adoption you must have worked for the same employer for 26 weeks before the end of the week when you’ve been told you’ve been matched with a child for adoption in the UK or the date the child enters the UK for overseas adoption.

5.5 You cannot by law be dismissed or treated unfairly because you have requested paternity leave. Your leave cannot be refused or postponed, provided you have given the right amount of notice.

5.6 If you are separated from your partner but have ongoing responsibility for the child you are still eligible for parental leave and pay.

Telling Your Employer

5.7 To be granted paternity leave you are required to tell the organisation when your baby is due, whether you want to take one week’s leave or two and when you want the leave to start. This is the same for surrogacy.

5.8 You must inform PVCSE no later than the 15th week before your baby is due, in writing.

5.9 If you are adopting then you will need to inform the organisation within seven days of being matched with the child. You also need to inform PVCSE of the date you’re matched with the child, the placement start date, whether you would like to take one or two weeks of leave and when you want the leave to start. Please let the organisation know in writing.

Taking Paternity Leave

5.10 You are eligible to take one or two weeks of paternity leave.

This is the same even if you have more than one child, for example twins.

5.11 You can start your paternity leave on one of the following:

  • The date your baby is born
  • From an agreed date within eight weeks of the date your baby was born or was expected to be born
  • The day your adoption placement starts or from an agreed date within the following eight weeks
  • From the date your adopted child arrives in the UK or an agreed date afterwards, for an overseas adoption
  • The date your surrogate baby is born or the day after.

5.12 You must take the leave all in one go and within eight weeks of your baby being born or your adoption placement starting. You are encouraged to have arrangements in place with PVCSE in case the due date or adoption placement dates change.

5.13 You need to give PVCSE 28 days’ notice if you wish to change the date of your paternity leave. In special circumstances, such as the baby needing time in hospital or being born prematurely, the 28 days’ notice will be waived.

5.14 If you want to extend your paternity leave then you can talk through the options with your line manager. These could include shared parental leave, annual leave or unpaid leave.

Paternity Pay

5.15 By law you may be eligible for paternity pay if you are the baby’s biological father, your partner is having a baby, adopting a baby or having a child through surrogacy AND you are responsible for the child’s upbringing.

5.16 The rate of pay will be in accordance with statutory paternity pay (SPP). You will qualify for this if you have been working for PVCSE for at least 26 weeks continuously from the date of the ‘qualifying week’ and your average earnings for the eight weeks before the qualifying week were at least £120. PVCSE will advise you of your entitlement.

The qualifying week is the 15th week before your baby is due. To work this out, count back 15 weeks from the week your baby is due.

5.17 If adopting you will be eligible for SPP if you have been working for PVCSE for at least 26 weeks before the end of the week when you’re told you’ve been matched with a child in the UK . For overseas adoptions the date will be when the child arrives in the UK.

You must take your leave within eight weeks of the date you are matched with a child or the child arrives in the UK, in the case of overseas adoptions.

5.18 Your paternity pay will start at the same time as your paternity leave.

Time off for Appointments

5.19 Under this policy you will have the right to paid time off to attend up to three antenatal appointments with your partner, up to a maximum of 6.5 hours.

Time off to Care for Your Partner

5.20 If you partner is having a difficult pregnancy then you can request time off to care for them. This could be taken as annual leave or as TOIL. If the situation is urgent then you could be eligible for time off  under the ‘time off for dependants.’ Please refer to section <<>> in this policy.

If Your Baby is Premature or Ill

5.21 If your baby is premature or needs to stay in hospital for a time after birth, you can change the date of your paternity leave by talking to your line manager. The leave will still need to be taken within eight weeks of the birth.

Stillbirth, Miscarriage or Death of Baby

5.22 You still have the right to paternity leave and pay if your baby is stillborn after the 24th week of pregnancy or if your baby only lives for a short time after the birth. You also have the right to paternity leave and pay in the case or disrupted adoption, where the placement does not go ahead, or the child has to return to the agency or the child dies.

Your Rights

6.1 You could be eligible for statutory adoption leave and adoption pay if you are adopting a child or fostering a child permanently and becoming their legal parent. To be eligible you must be an employee, advise PVCSE and give the correct notice and you have been matched with a child through an adoption agency. PVCSE may also require you to provide proof that you are adopting.

6.2 You may also be entitled to adoption leave and pay if you are having a child through surrogacy. In this case you must apply for an adoption order.

6.3 Statutory adoption leave lasts for up to 52 weeks, like maternity leave.

6.4 You have the right to adoption leave from the first day of your employment.

6.5 You cannot be dismissed or treated unfairly because you are taking adoption leave.

Adoption Pay

6.6 Statutory Adoption Pay is paid for 39 weeks, like SMP and starts when you take your adoption leave.

6.7 To be eligible for adoption pay you must have been continuously employed by PVCSE for at least 26 weeks and be earning £120 per week  before tax for the eight weeks prior to the week you are matched with the child. PVCSE will advise you of your entitlement.

6.8 Please also note the criteria in point 6.1.

Telling Your Employer You’re Adopting or Fostering to Adopt

6.9 You need to inform PVCSE you are adopting within seven days of being matched with a child for adoption or your adoption placement being confirmed if you are fostering to adopt.

Advising your line manager earlier means you can have a good discussion about when you would prefer to take your leave and help them plan for your leave.

6.10 You need to advise the organisation of the date the child will be placed with you and the date you would like your adoption leave to start. PVCSE will respond in writing within 28 days and confirm the date your adoption leave will run to.

Time off for Appointments

6.11 You have the right to paid time off for five adoption appointments after you have been matched with the child.

Provide Proof of the Adoption or Placement

6.12 You must give PVCSE proof to be eligible for adoption pay. For UK adoptions this includes:

  • Your name and address
  • The name and address of the agency
  • The date you were matched with the child
  • The expected date of the placement.

For overseas adoptions the proof must show:

  • The relevant UK authority’s official notification confirming the parent’s right to adopt
  • The date the child arrived in the UK, such as a plane ticket.

6.13 If you’re fostering to adopt then you must provide evidence of a placement, such as a  letter from the adoption agency.

Planning your Adoption Leave

6.14 For UK adoptions and fostering for adoption placements you can start adoption leave either when you’ve been matched with the child or 14 days before the expected placement date.

6.15 For overseas adoptions you can start adoption leave either when the child arrives in the UK or within 28 days of the child arriving in the UK.

Holiday Entitlement

6.16 You will still accrue annual leave entitlement as normal during your adoption leave, even if this means carrying it forward into a new holiday year. You are encouraged to discuss this with your line manager to agree how you’re going you take this holiday. It could be added to the start or end of your adoption leave, for example.

6.17 If you want to delay the start of your adoption leave you must advise PVCSE at least 28 days before the current due date. If you want your adoption leave to start earlier than planned, you must give PVCSE 28 days’ notice before the date you want to change it to.

6.18 If you adopt or foster to adopt two or more children on the same placement you are only entitled to one  period of adoption leave. If it is a separate placement then you will be entitled to a second period of adoption leave. Your adoption leave will restart when the second placement begins.

Working during Adoption Leave

6.19 You can work for up to ten days during your adoption leave without it affecting your adoption leave or pay. These are called keeping in touch (KIT) days. You can agree with your line manager if you want KIT days, how many, what type of work you’ll do and how much you’ll get paid. Half or part days still count as a full KIT day.

If you work more than ten days your adoption leave and pay will automatically end by law.

Placement Ends during Adoption Leave

6.20 Your adoption leave will end eight weeks after the placement if you have started your adoption leave and the agency tells you the placement cannot happen, or the child dies during adoption leave, or the child is returned to the adoption agency.

Returning to Work after Adoption

6.21 If you know the date you want to return, then you are encouraged to let your line manager know before your leave starts, to best support you and plan your return. If you don’t give a date, it will be assumed that you will return after 52 weeks.

6.22 If you want to return early PVCSE requires eight weeks’ notice. If you don’t want to return to work you must give PVCSE notice as set out in your contract of employment.      

6.23 You have the right to return to the same role if you have taken adoption leave up to 26 weeks. You have the same right after adoption leave of more than 26 weeks unless PVCSE has a good reason to offer you another role. It might be in the case that your role no longer exists due to a reorganisation. In this case you must be offered a suitable alternative role, which matches your current pay, benefits, grade, holiday entitlement and location.

6.24 If you are made redundant during your adoption leave the organisation will offer you a suitable alternative role.

6.25 You can make a flexible working request when you return to work, following the Flexible Working Policy.

Your Rights

7.1 You can opt for shared parental leave in the first year after your child has been born, you have adopted or you have obtained a parental order for a child through surrogacy.

7.2 You could get up to 50 weeks of shared parental leave (SPL) and up to 37 weeks of shared parental pay (ShPP). This amount depends on how much maternity leave the primary parent has taken or how much adoption leave the primary adopter has taken. They can choose to curtail their maternity or adoption leave to create SPL/ShPP for the other partner.

Examples include both parents being off at the same time, or the birth parent/primary adopter returns to work and their partner takes SPL.

Shared Parental Leave

7.3 To be eligible for SPL, you must be sharing the responsibility of the child with your partner. If you are the primary parent/adopter you must end your maternity or adoption leave and return to work. You will have given PVCSE notice of the curtailment of your leave.

7.4 To take SPL you must pass the continuity of employment test, namely that you have worked for PVCSE for 26 weeks continuously by the end of the 15th week before the baby is due or the adoption match date and be working for PVCSE for each block of leave you take. You will also need to have earned at least £120 per week for the eight weeks before the qualifying week (15th week before the expected birth date or adoption match date).

7.5 The other parent must have worked for at least 26 of 66 weeks and earned an average of £30 in any 13 weeks, up to the expected birth or adoption match date. This is called the employment and earnings test.

7.6 If you stop sharing responsibility for the child you must inform PVCSE immediately.  Your SLP or ShPP will end and you will be required to return to work. This may have to be negotiated with your line manager.

7.7 Under law you are still entitled to all the terms and conditions of your employment contract and cannot be subject to unfair treatment because you have taken or intend to take SPL.

Shared Parental Pay

7.8 You can claim shared parental pay (ShPP) for any remaining weeks after the birth parent or primary adopter stops their maternity or adoption pay, or maternity allowance.  To do this, you must advise PVCSE in writing.

For example, if a mother stops their maternity pay after 30 weeks, they or their partner could get ShPP for the remaining nine weeks.

7.9 The rate of pay will be in accordance with the statutory rate for shared parental pay. PVCSE will advise you on this. Please refer to points 7.4 and 7.5.

Taking Shared Parental Leave: The Process

7.10 If you and your partner are eligible for shared parental leave you can decide how you wish to use the leave and pay. You are encouraged to discuss your plans with your line manager to help both parties plan effectively.

Step One: ending maternity or adoption entitlement. If you are the birth parent or primary adopter you must give notice that you are curtailing your maternity/adoption entitlement to create an entitlement to SPL.

If you are the birth parent or primary adopter you cannot change your mind about cancelling your maternity entitlement unless you gave notice before the birth or adoption placement start date, in which case it can be revoked up to six weeks afterwards.

If you find out that neither you or your partner were eligible for SPL or ShPP, you can cancel your decision to end your maternity entitlement.

If the other partner dies, you can cancel your decision to end your maternity entitlement.

Step Two: giving notice of entitlement to shared parental leave. To create an entitlement to SPL you must give PVCSE a notice of entitlement. There is a form to complete which is stored at <<>>. This includes details such as how much maternity or adoption entitlement has been used and how much pay and leave is left over and how much SPL each parent wants to take.

You will also need to supply a declaration for your partner that they share responsibility for the child, meet the employment and earnings test and agree to the amount of SPL and ShPP given to you.

PVCSE will acknowledge receipt of the notice and take the notice of entitlement as suitable proof.

Step 3: booking the leave. You can book up to three blocks of leave (notice to take leave) and change the dates you have booked (notice to vary leave) up to three times. You will need to give PVCSE eight weeks’ notice each time you want to book leave and your leave must be in blocks of weeks but can start on any day of the week.

You can take continuous leave i.e. in one block, which PVCSE cannot refuse.

You can also take discontinuous leave, where you want to take blocks of leave and return to work in between. PVCSE can refuse a discontinuous leave request if it’s not suitable for the work or workplace. PVCSE can suggest an arrangement that’s more suitable but you don’t have to agree to this. It’s a good idea to have a discussion with your line manager if you are considering booking discontinuous leave.

If you have made a request for discontinuous leave then PVCSE should come to an agreement with you within 14 days of the date of your request. If no agreement is reached you can withdraw the request or make a request for continuous leave, which PVCSE will grant.

If you withdraw your discontinuous leave request on or before the 15th calendar day after the original date of the request, this will not count as one of your three notices to book or vary leave. However if you withdraw your leave request after the 15th calendar day, this will count as a notice to vary leave. This will mean you have used two of your three notices to vary leave.

If your discontinuous request for leave become continuous, you can choose when the continuous leave starts, although it can’t start sooner that eight weeks after the date of the original leave request. Your other option it to start the continuous leave when your discontinuous leave would have started.

You must let PVCSE know in writing which option you have chosen within 19 calendar days of the original leave request date.

You accrue annual leave as normal during SPL. You might want to take paid annual leave in between blocks of SPL, for example. Where possible, you must try to take your annual leave entitlement within the holiday year. You are encouraged to have discussions with your line manager as early as possible about SPL and annual leave to agree holiday plans. You may want to book your SPL before your baby is born, for a date in the future after the birth.

Step 4: changing the leave. You have up to three times to book a block of SPL(notice to book leave) or change the dates booked (notice to vary leave).

To vary or cancel leave, you must give PVCSE eight weeks’ notice and a notice to vary leave.

If the baby is born more than eight weeks early you do not have to give the usual eight weeks’ notice to book or change your leave dates but try to get notice to PVCSE as soon as you can. If you are changing SPL which has already been booked this will not count as one of your three notices to vary leave.

If you and your partner are both entitled to SPL you can change the amount of leave each of you wishes to take. You must both agree and sign each other’s notice of entitlement with the updated SPL details and inform PVCSE as soon as possible.

In the event of the death of the child, you can still take the SPL you have booked as continuous leave or decide to take less SPL. You cannot book any new blocks of SPL.

You cannot apply for SPL after the death of a child. You can still get maternity or adoption leave and your partner could still be eligible for statutory paternity leave. Please refer to the relevant section of this policy for further information.

In the event that your partner dies you can still take SPL as planned or transfer and take any SPL your partner was due to take. If you want to book another block of SPL or change the dates of booked SPL you do not need to give eight weeks’ notice. However you will need to let PVCSE know as soon as possible.

Even if you have already made three requests to book or change SPL, you will be able to make one more.

When You Are on Shared Parental Leave

7.11 Before you go on SPL, meet with your line manager to discuss how you would like to keep in touch e.g. keeping in touch days, known as SPLIT days for shared parental leave. PVCSE will keep you informed about new jobs, promotion opportunities or organisational changes.

7.12 You can have up to 20 SPLIT days. They can be used to:

  • keep up to date with work
  • go to a work-related activity or training session
  • work part of a week to help the team
  • return from leave in a gradual way, for example taking 2 SPLIT days and working 3 days a week to start with.

You can agree with PVCSE if you would like to have SPLIT days and how many days you want to use. PVCSE will advise you on how much you will be paid for those days. By law it will be at least the national minimum wage equivalent.

7.13 If your contract was due to end during your SPL then PVCSE does not have to renew it. But the fact that you are taking SPL cannot be a reason to end your contract. When your contract ends, your SPL will end as well as you will no longer meet the eligibility test.. PVCSE will advise you if you are still entitled to ShPP.

​​​​​​​Your Rights

8.1 To qualify for surrogacy leave or pay you must be the child’s legal parent. This means that within six months of the child’s birth you must:

  • apply for a parental order if (one parent is genetically related to the child) OR
  • apply for an adoption order (if the intended parents are not genetically related to the child).

8.2 You may be eligible for statutory adoption pay and leave. Please refer to the section on adoption leave, pay and other rights.

8.3 You must let PVCSE know no later than the 15th week before your baby is due that you intend to take adoption leave. PVCSE will need to know the expected week of childbirth and when you want your adoption leave to start, with 28 days’ notice. Please put this in writing.

8.4 PVCSE will reply in writing within 28 days and confirm the date your adoption leave will run to. Adoption leave can run up to 52 weeks.

8.5 You will be required to provide proof of surrogacy, which could be that you have applied for a parental order for the child.

8.6 You can have paid/unpaid time off to attend up to two antenatal appointments with the person giving birth. You can take up to 6.5 hours per appointment.

8.7 If you want to return to work early you must give PVCSE eight weeks’ notice. If you don’t want to return to work after your adoption leave you must give PVCSE the required notice in accordance with what is written in your contract.

8.8 Your return to work rights are the same as for adoption leave and are set out in the relevant section of this policy

PVCSE recognises that each person deals with a bereavement differently and will make every effort to support each employee according to their needs.

Your Rights

9.1 Parental bereavement leave is time off to deal with the death of a child, if they die under the age of 18 or are stillborn.

9.2 As an employee you have a right to two weeks of statutory parental bereavement leave and pay. You line manager will confirm your entitlement with you. Or two weeks at full pay

9.3 These rights apply if you are the:

  • biological parent
  • adoptive parent if the child was living with you
  • person who lived with the child and had responsibility for them, for at least four weeks before they died
  • ‘intended parent’ – due to become the legal parent through surrogacy
  • partner of the child’s parent, if you live with the child and the child’s parent in an enduring family relationship.

9.4 You have these rights from the day you start your job with PVCSE.

9.5 You will be entitled to statutory parental  bereavement pay if:

  • their child dies under the age of 18 or is stillborn after 24 weeks’ of pregnancy
  • they were employed when their child died
  • they’d worked for their employer for at least 26 weeks, on the Saturday before the child’s death
  • they earn on average at least £120 per week, before tax.

Taking Parental Bereavement Leave

9.6 This leave can be taken in the 56 weeks following the child’s death.

9.7 If more than one child dies you are entitled to two weeks’ statutory parental bereavement leave for each child.

9.8 You can take two weeks of leave, either together or as two separate weeks. You will need to advise PVCSE when you want to take your leave, but you don’t have to do this in writing. You would also need to give PVCSE the date your child died.

9.9 If you take the leave within the first eight weeks you can start your leave as soon as you have advised PVCSE that you wish to do so. If you tell PVCSE before you start work you can start your leave the same day. If not, your leave will start the day after. You can also cancel your leave following the same process and take the cancelled leave at a later date.

9.10 If you wish to take the leave more than eight weeks after the death of your child, you will need to give PVCSE one week’s notice.

Claiming Statutory Parental Bereavement Pay

9.11 To receive statutory parental bereavement pay you will need to confirm the following in writing. This is called giving notice.

  • your name
  • your entitlement to Statutory Parental Bereavement Pay/POP+
  • the start and end dates of the leave YOU want to claim the pay for
  • the date of your child’s death
  • your relationship with the child.

9.12 You must give notice must be given within 28 days of starting leave. If you take the two weeks off separately, you are required to give notice in writing for each week. You can give notice for their leave and pay in one document.

​​​​​​​PVCSE recognises that each person deals with a bereavement differently and will make every effort to support each employee according to their needs. The wellbeing of employees is of the utmost importance.

Following a bereavement you might need to take some time off immediately, wish to carry on working or take some time off at a later date.

10.1 For the purposes of this policy bereavement leave will be granted automatically for the death of:

  • your partner
  • your parent
  • your child (if under 18 – please refer to the relevant policy section)
  • someone else who relied on you.

There may be other circumstances where time off can be agreed following a bereavement e.g. a close friend. In this case you are encouraged to talk to your line manager

10.2 PVCSE gives any employee who has had a bereavement two weeks of paid leave.  

10.3  If you need to take time off work due to a bereavement tell your line manager. If you feel unable to do this, then a friend or family member can do it for you.

10.4 Let PVCSE know how you would like to be contact while you are off and how often, if you want others at work to know and whether they can contact you, or if you need any support or information from PVCSE.

It may be difficult to know how much time you will need off, so keeping in touch can help to keep PVCSE and support you appropriately when you are ready to return to work.

10.5 If you need more time off this you could talk to your manager about other options such as using annual leave, TOIL or unpaid leave. If you are not well enough to work you may be eligible for sick pay. Please refer to the sickness absence policy.

10.6 Before you return to work, it’s a good idea to talk to your line manager about when you think you’ll be ready to return to work, any concerns you have about returning and if you may need to explore flexible work options.

10.7 If you need further support, you can discuss this with your line manager.10.8 Managers who have a recently bereaved team member, please refer to Appendix A

Your Rights

11.1 You have the right by law to take time off work to help someone who is dependent on you in an unexpected event.

11.2 The law does not stipulate how long this time should be or on how many occasions. PVCSE recognises that unexpected situations and crises occur and will be flexible to support you. Under this policy you are entitled to two days of paid leave for this time off and any more time needed would be made up of annual leave, TOIL or unpaid leave.

If the situation is likely to continue, you may want to discuss flexible working options with your line manager.

Dependants

11.3 A dependant can include:

  • your spouse, partner or civil partner
  • your child
  • your parent
  • a person who lives in your household (not tenants, lodgers or employees)
  • a person who would rely on you for help in the event of an accident, illness or injury, such as an elderly neighbour
  • a person who relies on you to make care arrangements.

11.4 Under this policy you can take time off if you need to:

  • help a dependant who is ill, injured or assaulted, or gives birth
  • arrange care for a dependant who is ill or injured
  • deal with the death of a dependant
  • deal with an incident involving your child during school hours.

11.5 Check this policy to see your entitlement to time off and pay when dealing with dependants.

​​​​​​​12.1 If an employee or co-worker dies, it can affect other employees and the workplace. 

The employer should:

  • tell others at work the person has died, in a sensitive and personal way
  • offer support to staff affected by the death
  • contact the person’s family or next of kin to offer condolences
  • let staff know how they can give their condolences
  • share details of the funeral or ceremony if staff have been invited

12.2 PVCSE will:

  • talk to staff regularly to see how they’re coping
  • signpost staff to any support that’s available to them

12.3 It might be appropriate to honour the person who died with others at work. For example, you might consider:

  • organising a book of condolence for staff to share their memories of the person who died
  • holding an event or service to honour the person who died, inviting the family or next of kin as well, if appropriate.

Finalising an Employee’s Affairs

12.4 In these circumstances PVCSE  would put the staff member’s family or next of kin in touch with someone who works in HR or a senior manager and can answer any questions about:

  • the employment contract
  • pay
  • their pension
  • other benefits
  • returning any personal belongings.

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