10 - People Strategy 2021-26 (Revised Parenting Leave and Policy)
Renfrewshire Council · 13 February 2025
Back to Finance, Resources and Customer Services Policy Board — 13 February 2025 and its agenda
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___________________________________________________________________ To: Finance, Resources and Customer Services Policy Board On: 13 February 2025 ___________________________________________________________________ Report by: Director of Finance and Resources ___________________________________________________________________ Heading: People Strategy 2021-26 (Revised Parenting Leave and Pay Policy) ___________________________________________________________________ 1. Summary 1.1 As part of our People Strategy ‘Our People Our Future 2021-2026’ approved by Members in March 2021, key work continues to be progressed by officers in relation to our HR&OD Policy Review Plan. The review plan helps to improve the workplace culture and staff experience by creating the right conditions for change, to deliver future modernised and sustainable services. 1.2 New and revised HR&OD policies will create the right supportive foundations to ensure they adequately empower and support the level of organisational and cultural change required. This policy review has incorporated our values and a has clear focus on flexibility, health and wellbeing, equality, diversity, and inclusiveness. 1.3 The purpose of this report is therefore to seek approval from members to implement the revised Parenting Leave and Pay Policy, attached at Appendix 1. 1.4 Consultation has taken place with the Trade Unions and Services and feedback has informed the development of this policy. The policy has been modernised and updated in line with best practice, our values and employment legislation. 1.5 Following approval from Members, additional guidance has been developed to support the implementation of this policy. This will be communicated to all managers and employees within the Council via the normal channels. ___________________________________________________________________
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2. Recommendations 2.1 It is recommended that members: Approve the revised Parenting Leave and Pay Policy attached at Appendix 1, which replaces the previous 2018 Policy. ___________________________________________________________________ 3. Background 3.1 The Council requires a highly skilled, flexible, adaptive, and motivated workforce committed to driving continuous improvement to achieve the Council’s vision and values and meet the needs of Renfrewshire’s communities. 3.2 The Council recognises that employees today have an increased need for greater flexibility around sharing parenting and family responsibilities. Accommodating changes to working arrangements and supporting personal commitments will continue to assist employees to reach their full potential and achieve greater flexibility, whilst continuing to provide a modern and efficient service to the residents of Renfrewshire. 3.3 This revised policy provides a range of provisions, offering leave, pay and flexibility to support our colleagues when they need it most, to help them achieve a better balance between working and mitigate the impact of other commitments, in particular, parenting responsibilities. 3.4 We aim to place a much wider and prioritised focus on evolving our culture, by ensuring ‘our values’ are embedded within everything we do, encouraging engagement and improving communication to ensure our colleagues feel valued and informed. We will continue our journey to improve the workplace experience by creating an environment where our people who have experienced trauma can return to work, feeling safe and supported. 3.5 Through the implementation of this policy, the Council will promote and encourage colleagues to fully utilise all the supportive provisions available. 4 Revised Parenting Leave & Pay Policy 4.1 The Council recognises that its workforce is diverse, with female employees accounting for approximately three quarters of the overall workforce, with most being working parents. 4.2 The revised Parenting Leave & Pay Policy, attached at Appendix 1, provides information and awareness of the types of parenting leave and pay entitlements available for all employees with parenting responsibilities. It will offer flexibility to employees at particular stages of their lives and encourage the sharing of parenting responsibilities.
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4.3 The policy provides leave and associated pay relating to: Anti-natal, Maternity, Adoption and Surrogacy; Paternity; Shared Parental Leave; Parental Leave; Parental Bereavement Leave; Neonatal Care 4.4 The key changes in the policy are: 4 Weeks’ Paternity Leave (already available in the current policy) which can now be taken as separate one-week blocks within the first 52 weeks following the birth of the child/placement for adoption; Up to 12 weeks leave and statutory pay for Neonatal Care Leave; Up to 2 weeks leave and statutory pay for Parental Bereavement Leave; Equal surrogacy rights for employees in relation to Maternity and Paternity leave and pay provisions; Promoting that the Council is now a ‘Breastfeeding Friendly Scotland employer’, with key provisions in place for expressing and training/awareness available for managers and employees across the Council; Employment protection rights have been extended to cover employees who are pregnant and those on Maternity/Adoption/Share Parental Leave for 18 months following the date the Council is notified of the pregnancy. This includes first refusal for suitable redeployment opportunities during service reviews. ___________________________________________________________________ Implications of the Report 1. Financial - Revised policy contains a new provision for Neonatal Care Leave and up to 12 weeks statutory pay for employees with at least 26 weeks’ continuous service. Provisions included for up to 2 weeks paid Parental Bereavement leave, at statutory pay rate. Costs associated with these provisions will be met within existing service budget lines. 2. People & Organisational Development – People & OD will provide advice and guidance to managers and colleagues with interpreting and applying the entitlements and supports within this policy. 3. Community/Council Planning – None. 4. Legal – These policies have been prepared in accordance with current employment legislation. 5. Property/Assets – None
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6. Information Technology – As outlined in the report. 7. Equality & Human Rights The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. The information contained within the Equality and Human Rights Impact assessment demonstrates positive impacts for all parenting groups as well as full compliance with our statutory provisions. 8. Health & Safety - As outlined in the report. 9. Procurement – None. 10. Risk – None. 11. Privacy Impact – None. 12. Climate Risk – None. 13. Children’s Rights –Not applicable. 14. Cosla Policy Position – Not applicable. _______________________________________________________ List of Background Papers None ___________________________________________________________________ Author: Eddie Simpson, Strategic Lead Partner (Organisational Development) eddie.simpson@renfrewshire.gov.uk
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2 Contents Page Number 1. Introduction 3 2. Purpose of the policy 3 3. Scope 4 4. Responsibilities 4 5. Ante-natal Leave and Pay 4 6. Maternity, Adoption and Surrogacy Leave and Pay 4 7. Maternity, Adoption and Surrogacy Support Leave and Pay 5 8. Paternity Leave and Pay 6 9. Shared Parental Leave and Pay 7 10. Parental Leave 7 11. Neonatal Care Leave and Pay 7 12. Parental Bereavement Leave 8 13. Additional Supportive Leave 8 14. Redeployment Rights 8 15. Confidentiality 9 16. Equality and Human Rights Impact Assessment 9 17. Monitoring and Review 9
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3 1. Introduction 1.1 We are working to be the most supportive, caring and inclusive employer we can be. We want to provide you with a workplace where you feel safe, valued and listened to, a place where you will have a good experience each day and feel supported to achieve your own goals and aspirations, helping you to reach your full potential. We want to support you with parenting responsibilities to achieve a better balance between your life inside and outside of work. 1.2 Wherever you are employed in the Council, the work you carry out every day matters to the communities and colleagues we serve, and without it, we cannot deliver essential services to our communities or achieve our Council vision and values. 1.3 The Parenting Leave Policy is designed to offer you support and flexibility at particular stages in your life, encouraging shared parenting responsibilities between both parents and supporting the Council to address its gender pay gap priorities. 1.4 This policy covers leave and pay provisions relating to: Ante-natal. Maternity, Adoption and Surrogacy Paternity Shared Parental Leave Parental Leave Neonatal Care Parental Bereavement 1.5 Depending on the type of leave and pay entitlements, requests approved will be pro- rated in line with your working hours/work pattern. For example, if you only work on Mondays and Tuesdays, then one week of leave is 2 days. 1.6 To ensure fair, inclusive and consistent implementation of this policy, including eligibility criteria, pay rates as well as requesting and approval processes, supporting guidance will be available on the Council’s intranet and from the People & OD Team. 2. Purpose of the Policy 2.1 The purpose of the policy is to outline the Council’s parenting leave and pay provisions available to the workforce, which supports and encourages our people to share parenting responsibilities. The policy aims to: Support employees who have parenting responsibilities and help them achieve a better balance between working and parenting commitments; Provide information and raise awareness of the different types of parenting leave available in the Council, eligibility criteria and the associated pay rates; Meet all legislative employment requirements and demonstrate best practice; Apply fair, inclusive and consistent requesting and approval processes;
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4 Support the Council’s workforce planning, and gender pay priorities. 2.2 This policy complements other Council policies such as Flexible Working, Supportive Leave, Pregnancy Loss, Respect at Work, and Equality & Diversity. 3. Scope 3.1 This policy applies to all Council employees, excluding Teaching staff where separate procedures are in place. Advice and guidance on this and other leave provisions are available from the People & Organisational Development (OD) team. 4. Responsibilities 4.1 Managers, Elected Members, People & OD, Customer and Business Services and the Trade Unions all have a part to play in ensuring the principles of this policy are applied effectively. Responsibilities are outlined in the Parenting Leave and Pay Supporting Guidance. 5. Ante-natal Leave and Pay 5.1 Antenatal leave is available to employees, which allows pregnant employees and the father, partner or intended parent, the ability to request reasonable paid time off to attend ante-natal care appointments including parentcraft and dental. You can request this leave using Business World. 6. Maternity, Adoption and Surrogacy Leave and Pay 6.1 You are entitled to take up to 52 weeks Statutory Maternity Leave or Adoption Leave from day one of your employment. 6.2 You do not have to take 52 weeks Maternity Leave however the mother is required by law to take the first 2 weeks leave after the baby is born. This is called Compulsory Maternity Leave. 6.3 Maternity and Adoption leave is made up of: 26 weeks Ordinary Maternity Leave or Ordinary Adoption Leave (OML/OAL) and; 26 weeks Additional Maternity Leave or Additional Adoption Leave (AML/AAL). 6.4 If you have 26 weeks or more continuous service at the 15th week before Expected Week of Childbirth/Expected Week of Adoption (EWC/EWA), you will receive Occupational Maternity Pay or Ordinary Adoption Pay (OMP/OAP) and Statutory Maternity Pay or Statutory Adoption Pay (SMP/SAP) at the following rates: Week 1-6 6 weeks at 90% of a week’s pay, including SMP where eligible.
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5 Week 7-18 12 weeks at 50% of a week’s pay plus the lower rate of SMP provided earnings do not exceed normal pay. Week 19-39 21 weeks at the SMP rate. Week 40-52 Unpaid 6.5 If you have less than 26 weeks continuous service at the 15th week before the EWC/EWA, you will not be eligible for either OMP/OAP or SMP/SAP. However, you may be entitled to receive up to 39 weeks of Maternity Allowance or Adoption Allowance payable by the Government. 6.6 If you are a surrogate or intended parent and apply for a parental order in respect of the child within 6 months of the birth, and you expect the order to be granted, you are entitled to take leave in line with the maternity, adoption and Surrogacy leave and pay provisions at section 6.4 above. 6.7 Payments made by the Council during Maternity Leave or Adoption Leave which are over and above your statutory entitlement are made on the understanding that you will return to employment with the Council for a period of at least 3 months. SMP/SAP payments made to you would not be recovered. 6.8 You should inform your line manager that you are pregnant as soon as you are happy to do so and no later than the 15th week before the EWC/EWA. At this time, a maternity risk assessment for new and expectant mothers will be completed by your line manager. 6.9 You should request Maternity Leave on Business World and attach the required documentation such as your MATB1 form, Matching Certificate and /or Parental Order, when available. 6.10 During your Maternity or Adoption Leave, you can choose to work up to 10 days which can worked in agreement with your line manager throughout the year. These are called Keeping in Touch (KIT) days. The hours you work on an agreed KIT day will be paid at your normal rate of pay. This will not affect your statutory entitlements. 6.11 We are a Breastfeeding Friendly Scotland employer. We support and encourage colleagues who wish to continue to breastfeed or express milk in the workplace (including milk to be donated). We will encourage flexible arrangements so that you can breastfeed and will provide suitable facilities so you can express milk and store it. We will raise awareness of the facilities available at work locations. You should discuss any requirements should you feel comfortable to do so with your line manager. 7. Maternity, Adoption and Surrogacy Support Leave and Pay 7.1 Maternity, Adoption and Surrogacy Support Leave of up to a maximum of 1 weeks’ paid leave (pro-rated) can be requested by fathers, partners, or intended parents who have less than 26 weeks continuous service with the Council or around the time of the birth or adoption placement/match. In addition, Maternity, Adoption and Surrogacy
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6 Support Leave of up to a maximum of 1 weeks’ paid leave will also be available to request for a nominated carer of an expectant mother, adopter, or intended parent at or around the time of the birth or adoption placement/match. This will enable nominated carers to assist in the care of the child and provide support to the mother, primary adopter, or intended parent. 7.2 You may take this leave during the period from 1 week before the EWC/EWA and up to 3 weeks after the birth, match, or placement for adoption. 7.3 When you request Maternity, Adoption and Surrogacy Support Leave you must provide your line manager with evidence that you are a nominated carer for the child. This evidence must be either confirmation from your GP or a birth certificate confirming the child’s date of birth and a declaration from the person you are supporting. Leave will only be approved once this evidence is provided. 7.4 Maternity, Adoption and Surrogacy Support Leave is not available to fathers, partners or intended parents who access paid Paternity Leave provisions. 8. Paternity Leave and Pay 8.1 If you are responsible for your child’s upbringing and wish to take time off work to care for your child or support the primary adopter of your child, you can request paid Paternity Leave. 8.2 You can request up to a maximum of 4 weeks Paternity Leave if you have 26 weeks continuous service with the Council at the start of the 15th week before the EWC/EWA and are either: A biological father; A partner or husband who is not the baby’s biological father; A mother’s female partner or civil partner in a same sex couple; A partner/husband/wife of a person adopting a child; A partner/civil partner of a person adopting a child; the intended parent (if you are having a baby through a surrogacy arrangement) 8.3 You will be paid at 100% of a weeks’ pay for the first week, followed by 3 weeks paid at 90% of a weeks’ pay (including SPP). This can be taken consecutively or in separate one-week blocks at any point in the first 12 months following the birth of your child or after placement for adoption. You get the same amount of leave even if you have more than one child, for example, twins. 8.4 You will need to provide 4 weeks’ notice for each period of Paternity Leave and submit your request on Business World. You can vary the dates if you give at least 4 weeks’ notice of the variation. We recognise that notice periods for Adoption Leave will vary due to the inherent fluctuations in the adoption process.
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7 9. Shared Parental Leave and Pay 9.1 Shared Parental Leave allows eligible mothers, fathers, partners, and adopters to choose how to share time off work after their child is born or when placed with them for adoption. This provides you with more flexibility in how to share the care of your child in the first year following birth or adoption. You can decide to be off work at the same time as your partner and/or take it in turns to have periods of leave to look after your child. You can share up to 50 weeks of leave and up to 37 weeks of pay between you and your partner. 9.2 To be eligible for Shared Parental Leave, both parents must meet the requirements set out in the Supporting Guidance. Shared Parental Leave will be paid in line with the Council’s current Maternity and Adoption Pay provisions. 9.3 During your Shared Parental Leave, you can choose to work up to 20 days. These are called Shared Parental Leave in Touch (SPLIT) days, which can be worked in agreement with your line manager throughout the year. The hours you work on an agreed SPLIT day will be paid at your normal rate of pay. This will not affect your statutory provisions. 10. Parental Leave 10.1 Parental Leave is an additional entitlement and allows parents to request up to 18 weeks’ unpaid leave, per child up to their 18th birthday, to look after their child’s welfare. You can request up to a maximum of 4 weeks’ unpaid parental leave for each child in a 12-month period. You must take parental leave as whole weeks, for example, 1 week or 2-week blocks and you can request this leave using Business World. 11. Neonatal Care Leave & Pay 11.1 Neonatal Care Leave is available to support you if your child is receiving or has received neonatal care within the first 28 days after the day of their birth and for a continuous period of at least 7 days. This leave is available from day one of your employment. 11.2 You are entitled to request 1 weeks’ leave for every 7 days your child spends in neonatal care up to a maximum of 12 weeks leave. This leave can be used within the first 68 weeks of your child’s birth but not at the same time as any other leave you may be taking such as Maternity Leave. 11.3 If you have 26 weeks or more continuous service with the Council you will receive Statutory Neonatal Care Pay throughout the leave period. If you have less than 26 weeks continuous service, you will not be eligible for Statutory Neonatal Care Pay. 11.4 You can request this leave using Business World.
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8 12. Parental Bereavement Leave 12.1 Losing a child is an unimaginable trauma. Parental Bereavement Leave is available to you if you lose a child under the age of 18 or suffer a stillbirth after 24 weeks of pregnancy. This leave is available from day one of your employment. Your manager will also provide you with any additional support or assistance you may need. We will continue our journey to improve the workplace experience by creating an environment where our people who have experienced trauma can feel safe and have a sense of control to re-engage and return to productivity. 12.2 You are entitled to 2 weeks leave and this can be taken as a single block or as 2 separate weeks within 56 weeks of the date of the death or stillbirth. This leave is in addition to any other leave you may take and should not be taken at the same time. 12.3 If you have 26 weeks or more continuous service with the Council you will receive Statutory Parental Bereavement Pay throughout the leave period. If you have less than 26 weeks continuous service, you will not be eligible for Statutory Parental Bereavement Pay. 13. Additional Supportive Leave 13.1 You can request a period of unpaid supportive leave, up to a maximum of 1 year to support any of the above leave provisions. 13.2 Your Head of Service may approve unpaid supportive leave if your service is able to cover the duties of your post, without serious disruption to the service or significant financial cost. 13.3 You can request this in writing to your Head of Service explaining the reasons for the request and the requested start and end date. 13.4 Additional leave may be available in line with other Council policies to support the above leave provisions. 14. Redeployment Rights 14.1 We will prioritise offers of suitable alternative employment to a wider range of employees where their roles no longer exist as part of a service review. Those who are away from work because they are on maternity, adoption or shared parental leave, already have this right. Under the regulations this right extends to cover the following: Pregnant employees - From the date you inform your manager that you are pregnant, until your maternity leave starts, or where the pregnancy ends and you are not entitled to maternity leave, until two weeks after the end of the pregnancy. On maternity or adoption leave - For 18 months from the date of birth or the date of placement for adoption.
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9 On shared parental leave – For 18 months from the date of birth or the date of placement for adoption, when taking a period of at least 6 weeks continuous leave. When taking less than 6 weeks continuous leave or discontinuous leave, the protected period will end on the last day of each period of leave taken. 15. Confidentiality 15.1 Information relating to Parenting Leave and Pay provisions will be recorded, maintained and processed confidentiality and securely by your service, line manager, People & OD and relevant partners. Information will not be divulged to any third parties without your written consent. 15.2 Information processed may include paper or electronic records and will be done so in line with the General Data Protection Regulation (Regulation EU 2016/679) (“GDPR”), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as may be amended by the proposed Regulation on Privacy and Electronic Communications) and any legislation that, in respect of the United Kingdom, replaces, or enacts into domestic law, or any other law relating to data protection, the processing of personal data and privacy as a consequence of the United Kingdom leaving the European Union. 16. Equality and Human Rights Impact Assessment 16.1 This policy has been impact assessed in line with the Council’s obligation to comply with the Equality Act 2010 and the Public Sector Equality Duty. 17. Monitoring and review 17.1 This policy will be reviewed regularly and in line with any legislative and organisational changes. The recognised trade unions will be consulted on any future changes to this policy.