Human Resources - Work life balance protocol (L11340)

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Summary of Changes

1.1 This is a joint protocol for Essex Police and Kent Police; it must be read by all police officers, police staff, PCSO’s and Special Constables. The latest updates are:

Paragraph 3.3.28 updated.

2.0 What this Protocol is about

2.1 This protocol provides guidance to managers and staff in support of work life balance. It sets out the provisions available to help better achieve a balance between the demands of working in the Police Service and home/family commitments.

Compliance with this protocol and any governing policy is mandatory. This protocol is not, nor is it intended to be, contractual.

3.0 Detail the Protocol

3.1 The table below outlines the contents of this protocol. Please click on the link in the table below to view the selected section:

3.2 Terminology Explained – Glossary

APP	Adoption Pay Period - This is the 39 week period that is paid during Ordinary Adoption Leave and half of Additional Adoption Leave, however there are qualifying conditions that have to be met to be entitled to Adoption Pay.
Continuous Service	You will need to know the date you commenced employment with Essex Police or Kent Police or other qualifying body for those provisions that state qualifying service criteria.
Employee	A police officer or police staff employee working directly for either Essex Police or Kent Police
EWC	Expected Week of Childbirth – the week, beginning on a Sunday, in which you are expected to have the chid
KIT DAY	Keep in Touch (days) – days worked during maternity leave. The maximum number of days is 10
Mat B1	Statutory Maternity pay cannot be paid without a Mat B1 form, which is issued by the doctor or midwife from the 20^th week of the pregnancy
Maternity Allowance	The amount you can claim through Jobcentre Plus if you don’t qualify for SMP. You can find out more from gov.uk
Mother	The mother or expectant mother of the child.
OMP	Occupational Maternity pay – the enhanced maternity pay due if eligible
Partner	The father of the child, or the person who, at the date of the child's birth, is married to, the civil partner of, or the partner of the mother. This includes someone, of any gender, who lives with the mother and the child in an enduring family relationship but who is not the mother's child, parent, grandchild, grandparent, sibling, aunt, uncle, niece or nephew
QW	Qualifying Week – the end of the 15th week before the start of the week in which the child is due (the date will be given on the Mat B1 form).
SAP	Statutory Adoption Pay. You qualify for SAP if you earn enough money to pay National Insurance (NI) contributions. Only full weeks are paid. There is a higher rate (90% of average weekly earnings) and a lower rate (amount can be found on the gov.uk website). The earliest that SAP can be paid is 11 weeks before the baby is due.
ShPP	Statutory Shared Parental Pay. The current rate can be found on the gov.uk website.

SMP		Statutory Maternity Pay. You qualify for SMP if you earn enough money to pay National Insurance (NI) contributions. Only full weeks are paid. There is a higher rate (90% of average weekly earnings) and a lower rate (amount can be found on the gov.uk website). The earliest that SMP can be paid is 11 weeks before the baby is due.
SMP1	A form which is issued by the Department for Work and Pensions and completed by the Employer to enable members of staff to claim Maternity Allowance where there is no entitlement to SMP
SPL	Shared Parental Leave - parents can share leave between them for a maximum period of one year. Additional information on Shared Parental leave and pay can be found on the SPLash website
SPP	Statutory Paternity Pay.
SPLIT DAY	Shared Parental Leave In Touch day – the Mother or her Partner can agree to work for the force (or to attend training) for up to 20 days during shared parental leave. This is in addition to any KIT days worked.
SSP	Statutory Sick Pay
Weeks	SMP is payable in full weeks only. To calculate the 11^th week before the expected week of childbirth (EWC) find the Sunday at the start of your expected week of childbirth. Count back eleven Sundays. This is the start of the 11th week before the week your baby is due
Week’s pay	A week’s pay is calculated by dividing your annual salary by 365 and multiplying by 7.

3.3 Police Officer and Police Staff Maternity Provisions

3.3.1 Introduction

3.3.1.1 Essex Police and Kent Police recognise their responsibilities towards pregnant employees and the importance of retaining skilled and valued officers and staff. Both forces are committed to encouraging employees to return to work following a period of Maternity Leave by supporting employees through pregnancy, ensuring that all statutory entitlements are provided and offering enhanced maternity benefits where applicable. This protocol aims to inform individuals of their entitlement to occupational and statutory maternity rights, and to ensure that those rights are understood.

3.3.2 Informing the Force of Pregnancy

3.3.2.1 To take advantage of the right to maternity leave and pay the employee must notify the HR Business Centre of their intention to take leave; this can be done at any time during the pregnancy but the latest date for notification is 28 days (Police Staff) and 21 days (Police Officers) before the leave is due to start. In unforeseen circumstances where it is not possible to provide the minimum notice (such as the baby being born early) notification should be made as soon as is reasonably practicable. HR will require the following information from you:

Your expected week of childbirth (EWC) (if known);
When you intend to start your maternity leave.

3.3.2.2 Shortly after the 20^th week of pregnancy, a maternity certificate (Form Mat. B1) will be issued by your GP or midwife. This should be provided to the HR Business Centre.

3.3.2.3 Legislation governing the payment of Statutory Maternity Pay (SMP) requires that at least 28 days’ notice must be given of the date you wish to start receiving SMP. For police officers, Regulations stipulate that 21 days’ notice should be given to commence maternity leave. The date on which maternity leave is to commence may be amended subject to the required notice. Since in many cases SMP will commence at the same time as maternity leave, it is suggested that an officer should provide at least 28 days’ notice of her wish to commence maternity leave. Police staff are required to give a minimum of 28 days’ notice.

3.3.3 Length of Leave - Police Staff

3.3.3.1 Police Staff in Kent can take up to 52 weeks maternity leave.

3.3.3.2 Police Staff in Essex can take up to 15 months maternity leave. The period in which maternity leave can be taken starts six months before the expected week of childbirth and ends no more than 12 months afterwards. Maternity leave can be taken in more than one block but Statutory Maternity Payments (which can be paid from 11 weeks before the baby is due) cannot be suspended and re-started. Therefore if maternity leave is split before the end of Statutory Maternity Pay entitlement this will mean SMP ends; please contact the HR Business Centre for further information on the implications on your maternity pay if you wish to split your maternity leave.

3.3.4 Length of Leave - Police Officers

3.3.4.1 You are able to take up to 15 months maternity leave. The period in which maternity leave can be taken starts six months before the expected week of childbirth and ends no more than 12 months afterwards.

3.3.4.2 Police officers can take the first 26 weeks of maternity leave in more than one block. However, Statutory Maternity Payments (which can be paid from 11 weeks before the baby is due) cannot be suspended and re-started. Therefore if maternity leave is split before the end of Statutory Maternity Pay entitlement this will mean SMP ends; please contact the HR Business Centre for further information on the implications on your maternity pay if you wish to split your maternity leave.

3.3.5 Starting Maternity Leave

3.3.5.1 Police Staff:

3.3.5.1.1 Kent Police Staff - The earliest you can start your maternity leave is 11 weeks before the EWC.

3.3.5.1.2 Essex Police Staff - The earliest you can start your maternity leave is 6 months before the EWC. The latest maternity leave can end is 12 months after the child is born.

3.3.5.1.3 Maternity leave will start for Police Staff on whichever is the earlier date of:

The chosen start date;
The day after the child is born;
The day after sickness absence begins for a pregnancy-related reason if this happens within 4 weeks of the date the child is due (see 3.6.2 below).

3.3.5.1.4 In order to preserve your rights to maternity leave and pay, you must as soon as reasonably practical give the force (your line manager and the HR Business Centre) notice of the date of the childbirth. If you have not already given it, evidence of the expected date of childbirth and the actual date of childbirth can be provided on the maternity certificate (Mat B1) issued by your doctor or midwife.

3.3.5.2 Police Officers

3.3.5.2.1 The earliest you can start your maternity leave is 6 months before the EWC. The latest maternity leave can end is 12 months after the child is born.

3.3.5.2.2 Maternity leave will start on your chosen start date. The force cannot bring the date forward for any reason; however, you may choose to vary the date if your circumstances changes, e.g., the baby arrives early. If you have not notified the force of an intended start date, then your leave will begin on the earlier date of:

The day after the child is born;
The day after sickness absence begins for a pregnancy-related reason if this happens within 4 weeks of the date the child is due (see 3.6.2 below).

3.3.5.2.3 In order to preserve your rights to maternity leave and pay, you must as soon as reasonably practical give the force (your line manager and the HR Business Centre) notice of the date of the childbirth. If you have not already given it, evidence of the expected date of childbirth and the actual date of childbirth can be provided on the maternity certificate (Mat B1) issued by your doctor or midwife.

3.3.6 Pregnancy Related Sickness Absence

3.3.6.1 A pregnancy-related illness includes any condition that is linked to pregnancy. Advice from a GP or from Occupational Health may be obtained where it is not clear if an absence is pregnancy related or not.

3.3.6.2 Police Staff and Police Officers who have not notified their force of a maternity leave start date: If you are off sick with a pregnancy-related illness in the last four weeks of your pregnancy then your maternity leave will usually begin automatically from either the start of the fourth week before childbirth if you are off sick then or the day after the first day of sickness absence if you go off at any time during the last four weeks of pregnancy. There is discretion for the force to allow the odd day of pregnancy related absence and not require you to begin your maternity leave early, for example, if maternity cover has been organised to start nearer to your planned maternity leave and you leaving early would cause operational difficulties. Generally however, to protect you and your baby in the final stage of pregnancy, any maternity related absence during the last 4 weeks of pregnancy will trigger the start of maternity leave regardless of the planned start date.

3.3.6.3 If you are not well during your pregnancy or as a result of a miscarriage, you should follow the force’s normal sickness reporting procedures to report any absence from work. You will be paid the sick pay you would normally be entitled to; however, the Chief Constable has the discretion to extend the time under which pay continues at full rate and half rate. Each case will be considered on an individual basis, but it should be noted that there is no entitlement for pay periods to be extended and employees should not expect this to happen in every case.

3.3.6.4 Please note that any pregnancy-related sickness absence will be dis-counted for processes undertaken under any Capability, Selection or Redundancy process.

3.3.7 Sharing Maternity Leave

3.3.7.1 The mother must take 2 weeks compulsory leave following the birth of her baby. Thereafter, the mother may choose to share up to 50 weeks of the maternity leave with her partner.

3.3.7.2 To do this, the mother must bring her maternity leave to an end and opt into the Shared Parental Leave scheme. Please refer to Section 3.17 - Shared Parental Leave and Pay for further information.

3.3.8 Maternity Pay

3.3.8.1 The amount of maternity pay due will depend on length of continuous service and average earnings:

Who

Pay

Leave

Police officer with at least 63 weeks continuous service at any day in the EWC and average earnings higher than the lower limit for National Insurance

Weeks 1-21 Full Pay

Weeks 22-26: Either full pay or half pay plus half Lower Rate SMP

Weeks 27-31: Half pay plus half Lower Rate SMP (if full pay not taken in weeks 22-26); otherwise Lower Rate SMP only

Weeks 32-39: Lower Rate SMP

Weeks 40-52: Unpaid

Maternity leave may start no sooner than 6 months before the birth and may end no later than 12 months after the birth. A maximum of 15 months leave can be taken.

Maternity leave may be taken in more than one block but must commence no later than the expected week of childbirth.

Police staff - Kent with at least 63 weeks continuous service at any day in the EWC and average earnings higher than the lower limit for National Insurance

Weeks 1-21 Full Pay

Weeks 22-26: Either full pay or half pay plus half Lower Rate SMP

Weeks 27-31: Half pay plus half Lower Rate SMP (if full pay not taken in weeks 22-26); otherwise Lower Rate SMP only

Weeks 32-39: Lower Rate SMP

Weeks 40-52: Unpaid

Maternity leave may start no earlier than 11 weeks before the expected week of childbirth.

A maximum of 52 weeks’ leave can be taken

Police staff - Essex with at least 63 weeks continuous service at any day in the EWC and average earnings higher than the lower limit for National Insurance

Weeks 1-21 Full Pay

Weeks 22-26: Either full pay or half pay plus half Lower Rate SMP

Weeks 27-31: Half pay plus half Lower Rate SMP (if full pay not taken in weeks 22-26); otherwise Lower Rate SMP only

Weeks 32-39: Lower Rate SMP

Weeks 40-52: Unpaid

Maternity leave may start no sooner than 6 months before the birth and may end no later than 12 months after the birth. A maximum of 15 months leave can be taken.

Maternity leave may be taken in more than one block but must commence no later than the expected week of childbirth.

Police officers and police staff with between 41 and 62 weeks’ continuous service at any day in the EWC and the average earnings are higher than the lower limit for National Insurance

Weeks 1-6: Higher Rate SMP

Weeks 7-39: Lower Rate SMP

Weeks 40-52: Unpaid

A maximum of 52 weeks’ leave can be taken

Police officers and police staff with less than 41 weeks continuous service at any day in the EWC or average earnings below the lower limit for National Insurance

Maternity Allowance paid by the Job Centre Plus, subject to qualification criteria.

A maximum of 52 weeks’ leave can be taken

3.3.8.2 Occupational Maternity Pay – Police Staff

3.3.8.2.1 If the combined amount of your half pay plus SMP exceeds full pay then payment will be capped at your usual full pay amount;

3.3.8.2.2 Kent Police Staff – 26 weeks full pay will be paid if the mother plans to return to work for 3 months after the maternity leave. This period may be varied by the force on good cause being shown. If the employee decides not to return and work for 13 weeks the full pay must be repaid either from any outstanding payments due and/or by directly reimbursing the force through Finance. Payments made to the employee by way of Statutory Maternity Pay are not refundable.

3.3.8.2.3 Essex Police Staff – 26 weeks full pay will be paid if the mother plans to return to work for a period of at least one month. This period may be varied by the force on good cause being shown. If the employee decides not to return and work for the one-month period, she shall refund the monies paid in excess of the statutory payments, or such part thereof, if any, as the employer may decide either from any outstanding payments due and/or by directly reimbursing the force through Finance. Payments made to the employee by way of Statutory Adoption Pay are not refundable.

3.3.8.3 Occupational Maternity Pay – Police Officer

It is important to note that there are rules concerning the timing of maternity payments. Where SMP is payable at the same time as the 26 weeks full pay (under Police Regulations), it will be offset against the full pay. This means that the officer will receive the greater payment of the two, not both. Typically, an officer will receive 26 weeks full pay followed by 13 weeks lower rate SMP but in order to receive the maximum benefit of 26 weeks Occupational Maternity Pay and 39 weeks of SMP, officers must start maternity leave 24 weeks before the date of birth.
Officers can choose to have the final five weeks of full pay (weeks 22-26) spread out over 10 weeks and instead receive half pay plus half Lower rate SMP in weeks 22-31;
26 weeks full pay (under Police Regulations) is paid on the condition that the officer will return to work after maternity leave and will complete one month’s service. If the officer does not return to duty as prescribed at the end of maternity leave, the full pay must be repaid either from any outstanding payments that might be due (e.g. payment for any untaken annual leave) and/or by directly reimbursing the force through Finance. However, payment of SMP is not conditional upon a return to work after maternity leave.

3.3.9 Maternity Allowance

3.3.9.1 If you are not eligible for Occupational or Statutory Maternity Pay you can still take time off. You will be provided with a SMP1 form as you may qualify for Maternity Allowance.

3.3.10 Reckonable Service – Police Officers

3.3.10.1 The first 52 weeks of the maternity leave, paid or unpaid will be considered reckonable:

As service in the grade or rank for the purposes of increments, pay and relevant service;
For part of any period of probation; and
For annual leave purposes.

3.3.10.2 An officer will be entitled to reckon the first 26 weeks of maternity leave as pensionable, reckonable for incremental pay and leave purposes and for inclusion in any period of probationary service. Additionally, for an officer with 26 weeks service at the 15^th week before the expected week of childbirth, any part of the period beginning with the week in which the child is born and ending 29 weeks after that week which is spent on maternity leave is pensionable, reckonable for incremental pay and leave purposes and for inclusion in any period of probationary service.

3.3.11 Contract of Employment – Police Staff

3.3.11.1 Staff will continue to be employed throughout maternity leave, unless resignation is submitted or the contract comes to an end for other reasons. However, during maternity leave there will be no entitlement to pay other than that described in the Maternity Pay section above.

3.3.11.2 When you take time off under this protocol, this period will also count as service for the purposes of pay, leave and redundancy payments.

3.3.12 Antenatal Care

3.3.12.1 Officers and staff are entitled to a reasonable amount of paid time off for antenatal care. This will include relaxation classes where these have been recommended by the Doctor, Midwife or Health Visitor for pregnancy related reasons. You should give as much advance notice as possible and you may be asked to provide evidence of appointments. Except in the case of your first appointment, you must be prepared to show either or both of the following:

A certificate from a registered medical practitioner, registered midwife or registered health visitor confirming that you are pregnant; and/or
An appointment card or some other document showing that an appointment has been made.

3.3.12.2 The biological father of the child, a civil partner or a co-habiting partner, is entitled to unpaid time off to attend two ante-natal appointments with you (a maximum of 6.5 hours per appointment is allowed as unpaid leave).

3.3.13 Risk Assessment

3.3.13.1 You should notify your line manager as soon as possible of your pregnancy; if you are not ready to share the news with others please ask your line manager to respect your wish to maintain privacy until you are ready. When you tell your manager you are pregnant they will undertake a risk assessment.

3.3.13.2 Your risk assessment will be regularly reviewed; for example, each time you have had an ante-natal care appointment. If any risks are identified in the risk assessment, the Force must take any reasonable steps to remove or reduce the risks, for example:

Temporarily adjusting your working conditions, e.g. temporarily changing the location of your work base or providing additional rest breaks;
Altering your duties/hours at the discretion of the Divisional/LPA Commander / Head of Department following a risk assessment or on production of a doctor’s certificate stating that duties or hours of work are detrimental to your health or the health of the unborn child;
Taking you off any duty where confrontation or a physical force situation could occur;
Providing you with suitable alternative work (at the same rate of pay);
Sending you home on paid leave for as long as necessary to protect your health and safety and that of your child (this is known as maternity suspension or maternity safety leave).

3.3.13.3 Many people can continue working normally throughout their pregnancy. Health and Safety legislation does not require that all risks are removed, just that they are reduced to an acceptable level, so, for example, a woman may still work nights or shifts unless that poses a risk that cannot be sufficiently reduced. Line managers should ensure that they properly discuss with their employee the individual circumstances of the pregnancy and how that impacts on a job before making any decisions with regard to restrictions or adjustments being put in place.

3.3.13.4 It is best practice for the pregnancy and maternity leave period to be tracked through a central meeting, such as SLT or AMG to ensure there is oversight of the Mother’s wellbeing and that all necessary arrangements can be planned and managed appropriately.

3.3.14 Uniform

3.3.14.1 Maternity clothing is available if you wear a uniform and you should request uniform items in the usual way. Alternatively, you may seek permission to wear plain clothes. In such circumstances smart but comfortable clothing will be permitted.

3.3.15 Maintaining Contact

3.3.15.1 It is important for both the mother and the line manager to maintain formal and informal contact during the maternity leave period. Line managers should agree with their member of staff what form of contact she would prefer, how often she would like to be contacted and what in particular she would like to know about. The Maintaining Contact form should be used to detail the contact agreed.

3.3.15.2 Corporate Recruitment can arrange for the jobs published on Success Factors to be sent on via a weekly e-mail and line managers should check if their member of staff would like to receive other information, such as The Relay, General and Yellow Orders etc. whilst they are on leave.

3.3.15.3 The line manager should also ensure that any locally published information, such as newsletters, job or development opportunities is sent on to the mother and inform her of any relevant force news and information.

3.3.15.4 Many mothers will want to discuss arrangements for returning to work or flexible working opportunities and line managers should encourage such conversations at the appropriate time so they can make the necessary arrangements well in advance of the return to work.

3.3.16 Keeping in Touch Days -KIT

3.3.16.1 Keeping-in-touch days provide mothers with the opportunity to undertake work related activities for up to 10 days without bringing a period of maternity leave to an end. KIT days are voluntary and individuals do not have to undertake KIT days, but many people find it makes returning to work easier.

3.3.16.2 A KIT day can include any work that an individual would normally do as part of their contract of employment, including training, conferences, meetings and ‘any activity undertaken for the purposes of keeping in touch with the workplace’. Some examples of how a KIT day can be used include, to keep up to date with what has been happening in workplace; to attend a training course or staff meeting; to complete a project or to help settle back into work gradually at the end of maternity leave.

3.3.16.3. The type of work to be undertaken should be agreed between the individual and manager before undertaking the KIT day. Arrangements that might need to be put in place to facilitate a KIT day, such as access to systems or equipment needed should arranged in advance particularly if undertaking a KIT Day from a location other than the usual place of work (this could include working at home).

3.3.16.4. Line Managers will need to give consideration as to whether it is suitable for those working KIT days from home on an individual basis. If a KIT Day is worked at home, then childcare will still be required.

3.3.16.5. KIT days can be used to return to work on a phased basis, before actually returning to work, if both parties agree

3.3.16.6. Police officers eligible for 26 weeks full maternity pay only – You cannot work a KIT day during the time that you are receiving full police maternity pay. If you wish to undertake work during this time then you should provide advance notice so that your maternity leave is temporarily brought to an end the day before you work and then re-commenced the day after you finish work. In these circumstances you will receive your normal rate of pay for any hours worked and because of the break your maternity pay and leave will therefore be extended by the number of days you attend work.

3.3.16.7 You will be paid for any hours worked based on salary in addition to the SMP for that week. SMP will be paid alongside KIT day payments as long as the payment does not exceed full pay. Pay will be worked out by multiplying the hours worked by the hourly rate (for police officers your hourly rate is calculated by dividing your annual salary by 313, multiplying by 6 and dividing this figure by 40; for police staff your annual salary is divided by 365, multiplied by 7 and divided by 37 to give your hourly rate).

3.3.16.8 Any hours worked during a KIT day will count as a whole day; i.e. whether you work 4 hours or 9 hours this will deduct 1 day from the 10 days allowed. Any KIT days taken will not extend the period of maternity leave.

3.3.17 Court Attendance

3.3.17.1 There may be a requirement to attend court whilst on maternity leave. It is possible that the court may be asked to issue a witness summons requiring an individual to attend in some circumstances. If it did, it is likely that you would only be excused from attending where there are medical reasons preventing attendance or during the first 2 weeks of compulsory maternity leave.

3.3.17.2 The way in which attendance at Court will affect maternity leave and pay depends on what stage of maternity leave you are at:

Police staff - If court attendance is required during the statutory pay period a KIT day may be used to facilitate this without the Mother losing her statutory payment for that week. Otherwise, the normal hourly rate of pay will be paid for the hours she is required to attend court. The leave period will not be extended by this period and maternity pay will not be affected. If police staff choose not to use a KIT day for this purpose during the statutory pay period, they will be paid their normal hourly rate of pay but will lose their SMP for that week;
Police officers’ normal daily rate of pay will be paid for each day you are required to attend court. Whilst you are on ‘unpaid’ maternity leave you will be considered on duty for court attendance and as a result receive payment. If you attend whilst on paid maternity leave, your paid leave will be extended by the number of days you spend at court.

3.3.17.3 The line manager, in conjunction with the employee, must carry out a risk assessment prior to the court attendance.

3.3.17.4 Any paid duty that is undertaken during a period of unpaid maternity leave could affect the buy-back of your pension for any subsequent unpaid leave. You are therefore advised to speak to the Pension Team at Essex County Council on 01245 431666 or Kent County Council Pensions Department on 0844 8753488 for advice.

3.3.17.5 If you have to attend court, you can claim travel and other expenses back, as long as receipts are provided in the normal way.

3.3.18 Recall to Duty

3.3.18.1 Police officers should only be recalled to duty for exceptional reasons such as Court Duty or a discipline hearing. They should not be recalled during the two weeks immediately following the birth. There are no arrangements whereby Police Staff can be recalled to duty.

3.3.19 Annual Leave and Bank Holidays

3.3.19.1 Annual leave and bank holidays accrue during maternity leave for both police officers and police staff. The accrued time will be available to book though SAP in the usual way.

3.3.19.2 You have the option to take this leave prior to the return to work or add the hours to current leave entitlements and use them following a return to work.

3.3.19.3 You could also apply to take the leave to support a gradual return to work or use the hours to support child care arrangements.

3.3.19.4 Anyone wishing to carry over annual leave from one leave year to another should read the relevant section of the Leave Protocol for details on how much leave might be permitted and how to apply (see L 1540 Protocol – Leave). You will be allowed to carry over a pro-rata number of hour’s dependant on the amount of time you are off on maternity leave. For example, if you are on maternity leave for 6 months you could carry over up to half your annual leave entitlement; any hours above this should be booked and taken before going on leave.

3.3.19.5 If you are considering varying your hours there is a calculator available that you can use to estimate how your annual leave entitlement will change.

3.3.20 Car Loan Scheme

3.3.20.1 Deductions will continue to be made whilst on maternity leave for any car loans being repaid. During any unpaid maternity leave period an invoice will be sent to home addresses for the required amount.

3.3.21 Childcare Vouchers – Salary Sacrifice

3.3.21.1 Those in the Childcare Voucher scheme should contact the HR Business Centre to discuss membership during maternity leave.

3.3.22 Housing / Rent Allowance

3.3.22.1 Housing / rent allowance will continue to be paid during the period that the officer is receiving maternity pay to the value of full pay – usually the first 21 or 26 weeks of maternity leave. Whilst the officer remains on maternity leave but is receiving either SMP or no pay, the allowance will be suspended. However, if the officer’s partner is a police officer, she can request that their rent allowance be re-assessed when her period of paid (full pay) maternity leave ends. It is the responsibility of the officer to request such by completing the relevant documentation provided by Human Resources prior to the commencement of maternity leave.

3.3.22.2 An officer living in a police house whose partner is not a serving Essex Police or Kent Police officer will be required to pay rent for any period of unpaid maternity leave.

3.3.23 Force Group Life Assurance Cover and/or Personal Accident and Income Replacement Cover

3.3.23.1 An officer taking a period of unpaid maternity leave, who wishes cover to continue, must contact their Police Federation to make arrangements for the continuation of cover through continued payment.

3.3.24 Police Superintendents Association, Police Federation & Trade Union Membership

3.3.24.1 Police Superintendent Association, Police Federation and Trade Union subscriptions will be deducted from paid periods of maternity leave but you will continue to receive the benefits of being a member even when you are not contributing during unpaid maternity leave.

3.3.25 Pensions

3.3.25.1 Whilst you are on ‘paid’ maternity leave you will continue to pay pension contributions. When pay reduces you will still have to pay your pension contributions.

3.3.25.2 Whilst on ‘unpaid’ maternity leave the contributions will cease. This means that you will lose membership for this period unless you repay the contributions.

3.3.26 Police Staff – Buyback of Pension

3.3.26.1 If you wish to repay the pension contributions on return from maternity leave you must elect to do this within 30 days of your return to work. The Local Government Pension Scheme website has an online calculator which will calculate the estimated amount you will need to pay to buy back this pension. Please contact Payroll for more information.

3.3.27 Police Officers – Buyback of Pension

3.3.27.1 All officers will have one month following their return to work to make provisions to top their pension contribution back up (also known as reckonable service), unless an officer has opted out of the pension scheme. As there are multiple pension schemes it is advisory that an officer seeks further information on how to make payment in arrears by contacting Payroll in the first instance or HMRC.

3.3.28 Miscarriage, Still-Birth or Death of a Baby

3.3.28.1 In the unfortunate situation that the baby is still-born after 24 weeks’ pregnancy or the baby dies after being born, an employee can choose whether she wants to take the planned maternity leave and pay or not. In these circumstances the maternity leave period can be varied as necessary to suit the Mother’s wishes. Partners should be aware that in these circumstances they would also be eligible to take Paternity Leave in addition to any other appropriate leave that may be required.

3.3.28.2 If the pregnancy ends in a miscarriage before 24 weeks’ gestation unfortunately there is no entitlement to maternity pay or SMP. Any absence as a result of miscarriage will usually be considered as sickness leave. Please see section 3.3.6 (above) for further details of your entitlement in this situation.

3.3.28.3 Further miscarriage support and guidance for managers and individuals.

3.3.29 Return to Work after Maternity Leave

3.3.29.1 If you intend to return to work at the end of your full maternity leave entitlement you will not have to give any further notification to the force.

3.3.29.2 If you intend to return to work before the end of your maternity leave period you will be required to provide the force with notice of your intended return. Police officers must give a minimum of 21 days’ notice and police staff must provide a minimum of 8 weeks’ notice.

3.3.29.3 If you decide not to return to work and wish to resign you should provide the necessary notice to bring your employment to an end. Resignation will not affect the SMP already paid but it may be necessary for occupational maternity pay to be repaid (see sections 3.3.8.2 and 3.3.8.3 for further details).

3.3.29.4 A Risk Assessment will be carried out if you are returning to work after having a baby in the previous 6 months or if you are breastfeeding. The Force will discuss the requirements of your role with you and, where necessary, you might also like to discuss these with your medical advisors. You should advise the Force about any medical advice you receive so that we can take it into account in subsequent risk assessments.

3.3.29.5 Essex Police Staff Only –you can discuss with your line manager local arrangements for a structured return to work which allows you to work reduced hours during the first week back at work following maternity leave.

3.3.29.5.1 All full and part-time staff will be offered a 25 percent reduction to their normal working hours during the first week only of return to work.

3.3.29.5.2 It is envisaged that those returning to work will opt to use the entitlement to work shorter days, e.g. in the case of a full-time employee working over 5 days:

8.7.3.1 4 hours worked day 1

8.7.3.2 5 hours worked day 2

8.7.3.3 6 hours worked day 3

8.7.3.4 7 hours worked day 4

8.7.3.5 7.5 hours worked day 5

3.3.29.5.3 Individuals working patterns other than five full days will be able to negotiate their preferred pattern of hours to accommodate the reduction with local line managers.

3.3.29.5.4 This entitlement is granted to assist the new mother with the adjustment of being separated from the baby on her initial return to work. It should not be confused with any ‘restricted return’ which may be advised by Occupational Health on the grounds of the mother’s health at the time of return.

3.3.30 Police Staff – Additional Employment Rights

3.3.30.1 You are entitled to return to the same job on the same terms and conditions. However, in exceptional circumstances, for example redundancy, we might not be able to give you the same job back. If this happens, we’ll offer you another job where there is a vacancy, as long as:

It is suitable for you, and
The work, workplace and the terms and conditions are not substantially less favourable than your old job.

3.3.31 Career Breaks

3.3.31.1 Please refer to the Career Break Section 3.14.

3.3.32 Continuous Service (Police Staff only)

3.3.32.1 If you decide to resign, then all your continuous service with the force, and any other qualifying body, will be protected for certain entitlements if you return to the Police Service within 8 years. This applies only if you have not had any other permanent jobs during the intervening period.

3.3.33 Breast Feeding

3.3.33.1 Should you wish to breast feed / express milk on your return to work you must provide advance notification to your line manager prior to your return so that arrangements can be put in place to accommodate your wishes.

3.3.33.2 Line managers are reminded of the need to be flexible with regard to the working patterns of breast-feeding mothers.

3.3.33.3 Time spent breast feeding / expressing milk in the workplace will be paid during working hours and is in addition to the normal breaks e.g. lunch break. However, if you want to leave the workplace to feed the baby or express milk, then this will be in your own time.

3.3.33.4 If you are breast feeding but chooses not to express milk, it is your responsibility to make arrangements for the baby to be brought into the workplace in order to facilitate breast feeding.

3.3.33.5 Wherever possible the line manager will ensure the use of a lockable room, which is clean and warm with a chair and power socket. There must be hand-washing facilities (these can be close by, although not necessarily in the same room) with dedicated facilities for the storing of breast milk and a clean area for the storing of sterilising equipment. Should this not be possible the line manager must contact Facilities to ensure an alternative solution is found.

3.3.33.6 There is an ACAS Guide for use by staff and line managers if you require more information on breastfeeding.

3.3.34 Post Natal Depression

3.3.34.1 If you are diagnosed with postnatal depression during your period of maternity leave, this continues to be recorded as maternity leave i.e. it is not recorded (or paid) as sick leave.

3.3.34.2 If you are diagnosed with post-natal depression or any other illness after your return to work date it will be recorded and paid under the usual force sickness arrangements.

3.4 Special Leave for IVF or Other Fertility Treatment Provisions

3.4.1 In Vitro Fertilisation (IVF) and other Infertility Treatment

3.4.1.1The number of people that undergo fertility treatment and in particular in vitro fertilization (IVF) has been steadily rising for a number of years.

3.4.1.2. Essex Police and Kent Police acknowledge the emotional pressure to undergo any such treatment. Therefore in line with our commitment to sustaining a diverse, effective and flexible workforce, the force will provide support to staff that undergo IVF and other fertility treatments. This support includes taking a flexible approach to granting the necessary absence from work and where appropriate reasonable adjustments to duties.

3.4.1.3 This policy applies equally to all genders undergoing fertility treatment.

3.4.1.4 Part time police officers and police staff have the same rights and entitlements as full time employees albeit on a pro rata basis to time off from work for IVF or Fertility treatment.

3.4.2 Supportive Management Action

3.4.2.1 Line managers should consider whether the individual is medically considered as high risk due to factors which are determined by the NHS or treatment service they are using. These include factors such as success rate of the treatment, age of the individual going through the treatment, medical complications caused through the treatment, which can include the individual’s mental health and the delivery of the child (or birth) if successful. The individual will know from their medical notes if they are medically considered high risk and this will be a factor in any risk assessment of restrictions put in place.

3.4.2.2 Creating the environment as a line manager for the individual to be open about going through such a treatment, can lead to a better understanding and supportive process.

3.4.2.3 When a manager is made aware that a member of staff is undergoing or is likely to be undergoing IVF or other fertility treatment, they should ensure that the employee concerned is supported and made aware of the provisions outlined in the Managers Guide and Example Timeline.

3.4.2.4 Due to the nature of IVF and other fertility treatment it is recognised that there may be a requirement for flexibility around working patterns and duties both prior to and following the implantation of the embryo as a result of any procedure. The line manager will be responsible for approving the required flexibility utilising all options available. It is also recommended that this is supported by a comprehensive risk assessment. Any temporary adjustment to planned working time should be carried out in consultation with duty planning and consideration of restricted duties if appropriate.

3.4.2.5 An agreement should be made with the individual, as to who will be informed. This will include the department lead / manager, whichever is relevant to the individual and HR adviser. This is in order to ensure fairness across the team on use of supportive leave and policy compliance. This could also include Occupational Health, welfare and counselling and support groups such as the KNOW or the Women’s Leadership and development Forum, to provide advice to the manager.

3.4.32.6 In the case of IVF an entire treatment cycle from the start of the procedure to the pregnancy test normally takes between 6 to 8 weeks. The outcome of the pregnancy test, negative or positive will still need that ongoing support.

3.4.2.7 If the treatment results in a Positive pregnancy test result – follow the provisions set out for Maternity. Continue to discuss the individual’s circumstances for the risks to be assessed.

3.4.2.8 If the treatment results in a Negative pregnancy test result – this can be a hugely emotional experience for everyone involved. This is often felt by the individual and partner as a bereavement that will require a manager’s understanding. Please refer to Managers’ guidance for more information.

3.4.3 Confidentiality and Risks

3.4.3.1. It is recognised that infertility treatment is an issue of a sensitive nature. Any individual undergoing the treatment or about to embark on the treatment can request a referral to Occupational Health (OH) or self-refer to Counselling and wellbeing services. OH can provide advice in relation to risk assessments and whether restricted duties would be necessary in the individual’s current role. However line managers should be able to complete a risk assessment based on a maternity risk assessment, written with the individual and on a case by case basis.

3.4.3.2 The individual and partner if they both work for the Police, should be encouraged to inform their line managers in order for the support to be put in place. Discussions should take place with line managers to understand what supports is needed at this time for the individual and their partner, who may be the sole carer for this treatment period.

3.4.4. Absence from work

3.4.4.1 Medical appointments

3.4.4.1.1 Individuals will be expected to provide adequate notice for all appointments; however some flexibility may be required if appointments change, due to natural cycles.

3.4.4.1.2 There is a need to fix a time of day for the injections to occur for a period of around 2 weeks, where provisions can be made at work or the staff member is at home.

3.4.4.1.3 Line managers must take the time to discuss and agree arrangements for staff undergoing fertility treatment to take reasonable time away from work to receive treatment. This absence can be taken as a temporary change to the shift pattern in line with a reasonable adjustment, flexitime, TOIL or Paid Special Leave.

3.4.4.2 Kent Police only - Special Leave for individual and partner

3.4.4.2.1 Wherever possible, requests for leave of absence from individuals and partners wishing to support the treatment should be granted. Specials leave applies to both the individual and their partner who are entitled to up to 40 hours for Police Officers and 37 hours for staff during the IVF cycle.

E.G. If someone undertakes 2 cycles of fertility treatment in the space of 1 year they could take up to 74 (staff)/ 80 (officers) hours special leave that year. If they then undertook another 2 cycles of fertility treatment in the following year they could have up to 37 (staff)/ 40 (officers) special leave for their 3^rd cycle of treatment but would not be entitled to any further special leave until the 3^rd anniversary of the first period of special leave had passed. Similarly, someone undertaking 3 cycles in one year could use all their entitlement but would then have to wait until the 3^rd anniversary of the first period of special leave to pass before being eligible for any further special leave.

3.4.4.2.2 Kent Police recognise that individuals will want to schedule any further cycles of treatment required to best meet their individual circumstances. As such, officers and staff will be allowed to take special leave for a maximum of 3 IVF cycles within a 3-year period i.e. up to 111 hours for Police Staff and 120 hours for Police Officers spread over 36 months.

3.4.4.2.3 Wherever possible, individuals attending appointments should arrange such appointments outside duty time and in many cases time off will be facilitated through a combination of non-working time, special leave, re-rostered duty time and annual leave.

3.4.4.3 Essex Police only – Special Leave

3.4.4.3.1 Police Officers and Police Staff can apply via their line manager. Each case is considered on its own merits with advice from HR.

3.4.5 Applying for special leave

3.4.5.1 Applications for Special Leave are to be made through the line manager in writing and placed onto SAP accordingly. The use of the leave can be for medical appointments that are supported with documentary evidence from a medical practitioner or used at the line manager’s discretion with the individual, to support the individual for other symptoms linked to the treatment or post cycle support. Please see Managers Guidance for when Special Leave may be needed.

3.4.6 Qualifying Period

3.4.6.1 To be granted Special Leave under these provisions, employees must have worked for the force continuously for a period of 12 months or more.

3.4.6.2 All temporary staff, including those on fixed term contracts, are entitled to Special Leave for IVF or other fertility treatment on the same basis as permanent members of staff after a twelve-month qualifying period.

3.4.7 Sickness absence

Infertility treatment is an invasive and stressful procedure that can have a number of side effects. Ill health as a result of undergoing such treatment should be treated and recorded as pregnancy related sickness. Line managers should ensure that regular contact is maintained in line with the Attendance Management provisions.

If a surgical procedure is required as part of the infertility treatment, absence for the surgery should also be recorded as pregnancy related sickness absence.

Work Life balance Policy L11340 for maternity provision will apply from the date of implantation.

3.4.8 Other Useful Links:

Fertility Friends.co.uk
Org.UK Support Groups
Infertility Network UK
NHS
Kent Network of Women
Women’s Leadership & Development Forum

3.5 Police Officer and Police Staff Paternity/Maternity/Adoption Support Leave Provisions

3.5.1 All police officers regardless of length of service are entitled to one weeks’ full paid leave. To be eligible for the second week’s paid leave; the following criteria must be met:

You must be either the biological father or the mother’s spouse or partner.
You must be the partner of the dual approved adopter or, in the case of joint dual approved adoptions, the parent who will not take adoption leave and pay;
You are the parent in a surrogacy arrangement who will not take adoption leave and pay;
You must have the expectation of responsibility for the child’s upbringing;
You must be an employee or a serving police officer;
You must have 26 weeks continuous service ending with the 15^th week before the expected date of childbirth (the qualifying week) or the date on which you are notified of a child for adoption. If you are a police officer with less than 26 weeks continuous service, you can apply for one weeks’ paid leave plus one week’s unpaid leave;
You will have worked for Essex Police or Kent Police continuously up to the birth/adoption in order to receive the entitlement;
You must be taking the leave to care for/support the child or mother;
It does not depend on the number of hours you work, however, to claim statutory paternity pay your average weekly earnings must be at or above the lower earnings limit for National Insurance purposes, which applies at the end of the 15^th week before the baby is due or the date on which you are notified of a child for adoption;
Where the child is being adopted, the same eligibility criteria and entitlements apply.

3.5.2 For police staff; to be eligible for leave and/or pay, the following criteria must be met:

You must be either the biological father or the mother’s spouse or partner.
You must be the partner of the dual approved adopter or, in the case of joint dual approved adoptions, the parent who will not take adoption leave and pay
You are the parent in a surrogacy arrangement who will not take adoption leave and pay;
You must have the expectation of responsibility for the child’s upbringing;
You must be an employee or a serving police officer;
You must have 26 weeks continuous service ending with the 15^th week before the expected date of childbirth (the qualifying week) or the date on which you are notified of a child for adoption. You will have worked for Essex Police or Kent Police continuously up to the birth/adoption in order to receive the entitlement;
You must be taking the leave to care for/support the child or mother;

It does not depend on the number of hours you work, however, to claim statutory paternity pay your average weekly earnings must be at or above the lower earnings limit for National Insurance purposes, which applies at the end of the 15^th week before the baby is due or the date on which you were notified of a child for adoption. ;
Where the child is being adopted, the same eligibility criteria and entitlements apply.

3.5.3 Duration and Dates

3.5.3.1 Leave cannot be taken before the baby is born or placed for adoption.

3.5.3.2 Leave can only be taken in one block, lasting either one or two calendar weeks. Odd days cannot be taken. A week’s working hours are based on your normal weekly hours i.e. full time would be 37 hours for police staff and 40 hours for police officers. Part time staff and officers have a pro rata entitlement.

3.5.3.3 It must be taken within 56 days of the actual date of birth or placement of the child (if the baby is born early, the difference, in days, between the actual date and the expected date is added to the 56 (e.g. if the baby is born 10 days early you have 66 days in which to take the leave).

3.5.3.4 If you are sick before you start paternity/maternity/adoption support leave, the start can be postponed but the 56-day period in which you must take your leave is not extended.

3.5.3.5 You do not have to give a precise date when you want to take leave but you can choose:

A Specific date to take the leave from e.g. 14^th April;
The date the baby is born (actual start date is determined by birth) or placement;
A specified number of days after baby is born e.g. 3 days after the date of birth, or placement (actual start date is determined by birth).

3.5.3.6 Leave can start any day of the week but must be taken in full weeks e.g. Tuesday to Monday.

3.5.4 Pay

3.5.4.1 For police officers, both Essex Police and Kent Police offer 1 week at full pay and, subject to paragraph 3.5.1 on eligibility, 1 week of Statutory Paternity Pay (SPP).

3.5.4.2 For police staff, subject to paragraph 3.5.2 on eligibility, both Essex Police and Kent Police offer 1 week at full pay and 1 week at Statutory Paternity Pay (SPP).

3.5.4.3 The amount of Paternity/Maternity/Adoption Support pay and leave due will depend on length of continuous service and average earnings:

Who	Pay	Leave
Police Officer with at least 26 weeks’ continuous service ending with the 15^th week before the EWC or the date on which notified of a child for adoption and average earnings higher than the lower limit for National Insurance	Week 1: Full Pay Week 2: Statutory Paternity Pay	Up to 2 consecutive weeks
Police Officer with less than 26 weeks’ continuous service ending with the 15^th week before the EWC or the date on which notified of a child for adoption	Week 1: Full Pay Week 2: No entitlement to pay (SPP1 form will be issued)	Up to 2 consecutive weeks
Police Officer with at least 26 weeks’ continuous service ending with the 15^th week before the EWC or the date on which notified of a child for adoption but average earnings below the lower limit for National Insurance	Week 1: Full Pay Week 2: No entitlement to pay (SPP1 form will be issued)	Up to 2 consecutive weeks
Police Staff (Essex and Kent) with at least 26 weeks’ continuous service ending with the 15^th week before the EWC or the date on which notified of a child for adoption and average earnings higher than the lower limit for National Insurance	Week 1: Full Pay Week 2: Statutory Paternity Pay	Up to 2 consecutive weeks
Police Staff (Essex and Kent) with at least 26 weeks’ continuous service ending with the 15^th week before the EWC or the date on which notified of a child for adoption but with average earnings under the lower limit for National Insurance	No entitlement to pay (SPP1 form will be issued)	Up to 2 consecutive weeks
Police Staff (Essex and Kent) with less than 26 weeks’ continuous service ending with the 15^th week before the EWC or the date on which notified of a child for adoption	No entitlement to pay (SPP1 form will be issued)	No entitlement to leave

3.5.5 Application Process and Documentation

3.5.5.1 You must apply in writing for the right to take Paternity/Maternity/Adoption support leave by the 15^th week before the baby is due or not later than 7 days after being notified by the adoption agency of being matched with a child/children.

3.5.5.2 The application must contain the expected date of birth/date of placement, whether you wish to take one or two weeks and the date option you would like to take.

3.5.5.3 If you wish to change the dates you must give 28 days of notice in writing of the change (you can amend the start date but not the duration of leave applied for).

3.5.6 Documentation

A completed copy of the “Request for Paternity/Maternity/Adoption Support Leave” form must be completed;
You do not have to produce medical evidence.

3.5.7 Other Rights

To return to same job;
Service, annual leave etc.

3.5.8 Unforeseen Circumstances

3.5.8.1 Multiple births/placements - there is only entitlement to one period of paternity/maternity/adoption support leave.

3.5.8.2 If you are sick at the end of paternity/maternity/adoption support leave normal sickness procedures apply.

3.5.8.3 If the baby is stillborn after 24 weeks of pregnancy or dies within the paternity/maternity/adoption support leave period, you are still entitled to take the leave. In addition, sympathetic considerations will be given to the circumstances and where necessary compassionate leave or sick leave is granted as appropriate on the basis of the individual circumstances. This decision should be determined by your needs and medical opinion.

3.5.8.4 In adoption cases, where a child placed with you returns to the adoption agency, you retain the entitlement to adoption support leave.

3.5.9 Combining with Shared Parental Leave

3.5.9.1 Employees lose the right to Support Leave if they take a period of Shared Parental Leave in relation to the child first. Officers and staff should therefore consider taking Support Leave before starting any period of Shared Parental Leave.

3.5.10 Recording

3.5.10.1 Information may need to be passed on to other or future employers to comply with legislative requirements.

3.6 Police Officer and Police Staff Adoption Leave & Pay Provisions

3.6.1 Essex Police and Kent Police recognise the importance of supporting employees when they go through a life changing event such as adoption and seek to retain skilled and valuable officers and staff so they can combine being a parent with their work.

3.6.2 Eligible police officers and police staff are entitled to take paid leave when a child is newly placed for adoption. Within the context of these provisions a ‘child’ is a person under the age of 18 years. This includes children, usually under 2 years of age, who are placed with their potential permanent carers on a fostering basis while the local authority seeks a placement order from the courts (known as Foster to Adopt arrangements). Eligible Parents in a surrogacy arrangement who become the legal parents following an application for an Adoption or Parental Order are also entitled to paid leave.

3.6.3 Adoption leave and pay will be available to the primary adopter, i.e. the person who will usually have responsibility for the upbringing of the adopted child or children; this will be one of the following:

Individuals who adopt;
One member of a couple where a couple adopt jointly
One of the Dual approved prospective adopters who have a child placed with them under section 22C of the Children Act 1989 with a view to them adopting the child (Foster to Adopt)
One of the Parents in a surrogacy arrangement with a court Parental Order or Adoption Order which transfers legal rights from the birth mother to the child’s parent(s).

3.6.4 It may be possible for the primary adopter to bring their leave to an end and opt to take Shared Parental Leave instead. The primary adopter must take at least 2 weeks of adoption leave before commencing any Shared Parental Leave (see Section 3.17 for further information).

3.6.5 The partner of an individual who adopts, or the other member of a couple who are adopting jointly, may be entitled to Adoption Support Leave and pay (see Section 3.6) and also Shared Parental Leave (see Section 3.17).

3.6.6 Both Police officers and police staff should, where possible, provide 28 days’ notice of their intention to take Adoption Leave. It is recognised that it may not always be possible to adhere to this timescale depending on the circumstances of the adoption in which case notice should be given whenever reasonably practicable.

3.6.7 This protocol sets out the main provisions in relation to pay and leave. Many other provisions, such as allowances, pension arrangements and annual leave entitlements are the same for those taking adoption leave as apply to those on maternity leave. Please therefore also read the details in Section 3.3 for additional information.

3.6.8 The primary adopter will be able to take paid time off for up to five adoption appointments. The secondary adopter will be entitled to take unpaid time off for up to two appointments. Where there are joint adopters, the adopter who took paid time off to attend adoption appointments cannot claim paternity leave and pay. This means that the parent who intends to take adoption leave and pay is likely to take the paid time off and the other parent is likely to take the unpaid time off.

3.6.8 Qualification

3.6.8.1 To qualify for adoption leave, an individual must:

Be newly matched with a child for adoption by an approved adoption agency or have received official notification from the domestic authority in cases of adopting a child from outside the UK;
Be a dual approved prospective adopter who has a child placed with them under section 22c of the Children Act 1989 with a view to them adopting the child (Fostering to Adopt);
Be the intended parent in a surrogacy arrangement where they are eligible for and intend to apply for a Parental or Adoption Order (or where they have already obtained such an order) making them the legal parent of the child that they are having with the help of a surrogate mother;
Adoption leave and pay is not available in circumstances where a child is not newly matched for adoption, for example when a step-parent is adopting a partner’s child(ren) and therefore is already known to them;
No service requirement is applicable for Adoption Leave; therefore, officers and staff can apply from their first day of service. However, to receive Adoption Pay, police staff must have worked continuously for their force for at least 26 weeks leading into the week in which they are notified of being matched with a child for adoption. All police officers, irrespective of length of service are entitled to 1 week’s ‘standard adoption leave’ with full pay.

3.6.8.2 Employees do not qualify for either adoption leave or pay if they:

Become a special guardian or kinship carer;
Adopt a stepchild;
Adopt a family member or stepchild;
Adopt privately, e.g. without permission from a UK authority or adoption agency.

3.6.8.3 Individual’s adopting may be asked to provide proof that they intend to become the baby’s legal parent.

3.6.8.4 If adopting from outside the UK then Adoption Leave is not to be used to cover the period spent travelling overseas to arrange the adoption or visiting the child.

3.6.9 Start Date of Adoption Leave – Adopting a Child within the UK

3.6.9.1 Paid Adoption Leave will be available to individuals where an approved adoption agency notifies the adopter of a match with a child on or after 6 April 2003.

3.6.9.2 An individual can choose to start their leave:

From the date of the child’s placement (whether this is earlier or later than expected), or
From a fixed date which can be up to 14 days before the expected date of placement.

3.6.9.3 Only one period of leave will be available irrespective of whether more than one child is placed for adoption as part of the same arrangement.

3.6.9.4 If the child’s placement ends during the adoption leave period, the individual will be able to continue adoption leave for up to eight weeks after the end of the placement.

3.6.10 Start Date of Adoption Leave – Adopting a Child from Outside the UK

3.6.10.1 Both paid Adoption Leave and paid Adoption Support Leave will be available to individuals who adopt from overseas, and who have received an official notification. The law defines official notification as a written notification, issued by or on behalf of the relevant domestic authority, that the authority is prepared to issue a certificate to the overseas authority concerned with the adoption of the child, or has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt and has been assessed and approved as being a suitable adoptive parent.

3.6.10.2 An individual can choose to start their leave:

From the date the child enters Great Britain;
From a fixed date no later than 28 days after the date on which the child enters Great Britain.

3.6.10.3 Only one period of leave will be available irrespective of whether more than one child enters Great Britain as part of the same arrangement.

3.6.10.4 If the child ceases to live with the individual during the adoption leave period, the individual will be able to continue adoption leave for up to eight weeks after this point.

3.6.11 Adoption Leave and Pay

3.6.11.1 All eligible individuals will be entitled to up to 26 weeks ‘ordinary adoption leave’ followed immediately by up to 26 weeks’ additional adoption leave, a total of up to 52 weeks leave.

Who	Pay	Leave
Police officer with less than 26 weeks’ service at the end of the week in which he/she is matched with a child for adoption	Week 1: Full pay Adoption Allowance paid by Jobcentre Plus, subject to qualification criteria.	A maximum of 52 weeks' leave can be taken.
Police officer with more than 26 weeks’ but less than one years’ service at the end of week in which he/she is matched with a child for adoption and average earnings higher than the lower limit for National Insurance will be paid:	Week 1: Full pay Weeks 2-6: Higher Rate SAP Weeks 7-39: Lower rate SAP Weeks 40-52: Unpaid	A maximum of 52 weeks’ leave can be taken.
Police officer with at least one years’ continuous service at the end of the week in which he/she is matched with a child for adoption and average earnings higher than the lower limit for National Insurance will be paid:	Weeks 1-21: Full Pay Weeks 22-26: Either full pay or half pay plus Lower Rate SAP Weeks 27-31: Half pay plus Lower Rate SAP (if full pay not taken in weeks 22-26); otherwise Lower Rate SAP only Weeks 32-39: Lower Rate SAP Weeks 40-52: Unpaid	A maximum of 52 weeks’ leave can be taken.
Kent Police staff with less than 26 weeks service at the week in which he/she is matched with a child for adoption or average earnings below the lower limit for National Insurance	Adoption Allowance paid by Jobcentre Plus, subject to qualification criteria.	A maximum of 52 weeks’ leave can be taken
Kent Police staff with between 26 and 52 weeks continuous service at the week in which he/she is matched with a child for adoption and the average earnings are higher than the lower limit for National Insurance	Weeks 1-6: Higher Rate SAP Weeks 7-39: Lower Rate SAP Weeks 40-52: Unpaid	A maximum of 52 weeks’ leave can be taken

Kent Police staff with at one years’ continuous service at the week in which he/she is matched with a child for adoption and average earnings higher than the lower limit for National Insurance will receive.	Weeks 1-21: Full Pay Weeks 22-26: Either full pay or half pay plus half Lower Rate SAP Weeks 27-31: Half pay plus half Lower Rate SAP (if full pay not taken in weeks 22-26); otherwise Lower Rate SAP only Weeks 32-39: Lower Rate SAP Weeks 40-52: Unpaid	A maximum of 52 weeks’ leave can be taken.
Essex Police staff with less than 26 weeks service at the week in which he/she is matched with a child for adoption or average earnings below the lower limit for National Insurance	Adoption Allowance paid by Jobcentre Plus, subject to qualification criteria.	A maximum of 52 weeks’ leave can be taken
Essex Police staff with between 26 and 52 weeks continuous service at the week in which he/she is matched with a child for adoption and the average earnings are higher than the lower limit for National Insurance	Weeks 1-6: Higher Rate SAP Weeks 7-39: Lower Rate SAP Weeks 40-52: Unpaid	A maximum of 52 weeks’ leave can be taken
Essex Police staff with at least one years’ continuous service at the end of the week in which he/she is matched with a child for adoption and average earnings higher than the lower limit for National Insurance will be paid:	Weeks 1-21: Full Pay Weeks 22-26: Either full pay or half pay plus Lower Rate SAP Weeks 27-31: Half pay plus Lower Rate SAP (if full pay not taken in weeks 22-26); otherwise Lower Rate SAP only Weeks 32-39: Lower Rate SAP Weeks 40-52: Unpaid	A maximum of 52 weeks’ leave can be taken

3.6.11.2 Occupational Adoption Pay – Police Staff

3.6.11.2.1 If the combined amount of half pay plus SAP exceeds full pay then payment will be capped at the usual full pay amount.

3.6.11.2.2 Kent Police Staff – staff can choose to have the final five weeks of full pay (weeks 21-26) spread out over 10 weeks and instead receive half pay plus half Lower rate SAP over weeks 21-26 weeks. 26 weeks full pay will be paid if the Primary Adopter plans to return to work, either on previous hours or on different hours as agreed as part of a flexible working request, for 3 months after the adoption leave. This period may be varied by the force on good cause being shown. If the Primary Adopter decides not to return and work for 13 weeks the full pay, or such part thereof, if any, as the employer may decide must be repaid either from any outstanding payments due and/or by directly reimbursing the force through Finance. Payments made to the employee by way of Statutory Adoption Pay are not refundable.

3.6.11.2.3 Essex Police Staff – staff can choose to have the final five weeks of full pay (weeks 21-26) spread out over 10 weeks and instead receive half pay plus Lower rate SAP over weeks 21-26 weeks. 26 weeks full pay will be paid if the primary adopter plans to return to work, either on previous hours or on different hours as agreed as part of a flexible working request, for a period of at least one month. This period may be varied by the force on good cause being shown. If the primary adopter decides not to return and work for the one-month period, he/she shall refund the monies paid in excess of the statutory payments, or such part thereof, if any, as the employer may decide either from any outstanding payments due and/or by directly reimbursing the force through Finance. Payments made to the employee by way of Statutory Adoption Pay are not refundable.

3.6.11.3 Occupational Adoption Pay – Police Officer

3.6.11.3.1 Officers can choose to have the final five weeks of full pay (weeks 22-26) spread out over 10 weeks and instead receive half pay plus Lower rate SAP over weeks 22-31.

3.6.11.3.2 26 weeks’ full pay (under Police Regulations) is paid on the condition that you will return to work after adoption leave, either on your previous hours or on different hours as agreed as part of a flexible working request, and will complete one month’s service. If you do not return to duty as prescribed at the end of adoption leave the full pay must be repaid either from any outstanding payments that might be due (e.g. payment for any untaken annual leave) and/or by directly reimbursing the force through Finance. However, payment of SAP is not conditional upon a return to work after adoption leave.

3.6.11.4 Adoption Allowance

3.6.11.4.1 If you are not eligible for Occupational or Statutory Adoption Pay you can still take time off. You may be eligible for the payment of Adoption Allowance and should make an application to Jobcentre Plus.

3.6.11.5 Pensions

3.6.11.5.1 Whilst you are on ‘paid’ adoption leave you will continue to pay pension contributions. When pay reduces you will still have to pay your pension contributions.

3.6.11.5.2 Whilst on ‘unpaid’ adoption leave the contributions will cease. This means that you will lose membership for this period unless you repay the contributions.

3.6.11.5.3 Police staff - If you wish to repay the pension contributions on return from adoption leave you must elect to do this within 30 days of your return to work. The Local Government Pension Scheme website has an online calculator which will calculate the estimated amount you will need to pay to buy back this pension. Please contact Payroll for more information.

3.6.11.5.4 Police officers - All officers will have one month following their return to work to make provisions to top their pension contribution back up (also known as reckonable service), unless an officer has opted out of the pension scheme. As there are multiple pension schemes it is advisory that an officer seeks further information on how to make payment in arrears by contacting Payroll in the first instance or HMRC.

3.6.12 Notice of Intention to Take Adoption Leave

3.6.12.1 Individuals will be required to show documentary evidence – a ‘matching certificate’ – from their adoption agency as evidence of their entitlement to receive appropriate pay and leave.

3.6.12.2 It is the responsibility of the individual to arrange with their adoption agency for a matching certificate which will include; the name and address of the agency, the name and date of birth of the child, the date of notification to the individual of child match and the date of placement.

3.6.12.3 This needs to be forwarded on to the HR Business Centre within seven days of being notified by their adoption agency that they have been matched with a child for adoption, unless this is not reasonably practicable (in which case notification should be provided at the earliest possible opportunity).

3.6.12.4 In the case of dual approved prospective adoption, eligible employees must give notice in writing of their intention to take leave within 7 days of being notified by their local authority that a child will be placed with them in accordance with section 22c of the Children’s Act 1989, unless this is not reasonably practicable (in which case notification should be provided at the earliest possible opportunity). The Local Authority will provide written confirmation of this and a copy should be provided to the HR Business Centre to confirm entitlement to receive appropriate adoption pay and leave.

3.6.12.5 In surrogacy arrangements adoption leave is available to eligible employees who become the legal parents following an application for an adoption or parental order. Adoption leave can start the day of the birth or the day after. Officers and staff must tell their force at least 15 weeks before the baby is due and that they intend to take adoption leave. The intended parents can apply for an Adoption or Parental Order 6 weeks after the child is born, and before the child is 6 months old and a copy of the Order must be sent to the HR Business Centre to confirm their entitlement to receive appropriate adoption pay and leave.

3.6.12.4 Upon notification of an individual’s adoption leave request, the force will write to the individual within 28 days, setting out the date on which they expect the individual to return to work if the full entitlement to adoption leave is taken.

3.6.13 Maintaining Contact and Keeping in Touch Days – KIT

3.6.13.1 It is important for both the Primary Adopter and the line manager to maintain formal and informal contact during the adoption leave period. Line managers should agree with their member of staff what form of contact they would prefer, how often they would like to be contacted and what in particular they would like to know about. The Maintaining Contact form should be used to detail the contact agreed.

3.6.13.2 Corporate Recruitment can arrange for the jobs published on Success Factors to be sent on via a weekly email and line managers should check if their member of staff would like to receive other information, such as The Relay, General and Yellow Orders etc. whilst they are on leave.

3.6.13.3 The line manager should also ensure that any locally published information, such as newsletters, job or development opportunities is sent on to the individual and inform them of any relevant force news and information.

3.6.13.4 Many employees will want to discuss arrangements for returning to work or flexible working opportunities and line managers should encourage such conversations at the appropriate time so they can make the necessary arrangements well in advance of the return to work.

3.6.13.5 Keeping-in-touch days provide parents with the opportunity to undertake work related activities for up to 10 days without bringing a period of adoption leave to an end. KIT days can be taken to attend a training course, conference or event, or to meet with the team for a work update or briefing. Individuals do not have to attend KIT days, but many people find it makes returning to work easier. Please discuss with your line manager the arrangements that might need to be put in place to facilitate you working a KIT day, such as systems access or equipment needed should there be work you are undertaking from a location other than your usual place of work (this could include working at home).

3.6.13.6 Police Officers eligible for 26 weeks full adoption pay only – You cannot work a KIT day during the time that you are receiving full police adoption pay. If you wish to undertake work during this time then you should provide advance notice so that your adoption leave is temporarily brought to an end the day before you work and then re-commenced the day after you finish work. In these circumstances you will receive your normal rate of pay for any hours worked and because of the break your adoption pay and leave will therefore be extended by the number of days you attend work.

3.6.13.7 You will be paid for any hours worked based on salary in addition to the SAP for that week. SAP will be paid alongside KIT day payments as long as the payment does not exceed full pay. Pay will be worked out by multiplying the hours worked by the hourly rate (for police officers your hourly rate is calculated by dividing your annual salary by 313, multiplying by 6 and dividing this figure by 40; for police staff your annual salary is divided by 365, multiplied by 7 and divided by 37 to give your hourly rate).

3.6.13.8 Any hours worked during a KIT day will count as a whole day; i.e. whether you work 4 hours or 9 hours this will deduct 1 day from the 10 days allowed. Any KIT days taken will not extend the period of adoption leave.

3.6.14 Disruptions during adoption leave

3.6.14.1 If there is a disruption in the adoption process after adoption leave has started, for example if the placement does not take place, the child dies or the child returns to the agency, the adoption leave will finish eight weeks after the end of the week in which the disruption occurred. Payment of SAP will continue for eight weeks after the end of the week in which the disruption took place or until the end of the adopter’s 39 week period if that is sooner.

3.6.15 Return to Work after Adoption Leave

3.6.15.1 Individuals who intend to return to work at the end of their full adoption leave entitlement will not have to give any further notification to their force.

3.6.15.2 Individuals who want to return to work before the end of their adoption leave period must give their force 8 weeks’ notice of the date they intend to return.

3.6.15.3 At the end of adoption leave, the individual is guaranteed the right to return to the same role or, if that is not reasonably practicable, a similar role on terms and conditions not less favourable than their former role.

3.6.16 Employees in Surrogacy and Foster to Adopt Arrangements

3.6.16.1 If you adopt a child through a Surrogacy or Foster to Adopt arrangement you will be entitled to all the above provisions except to receive Statutory Adoption Pay you must have worked for the force continuously for at least 26 weeks by the 15^th week before the week the baby is due/matched for adoption.

3.7 Police Officer and Police Staff Ordinary Parental Leave Provisions

3.7.1 Explanation

3.7.1.1 Parental leave is available for police officers and police staff to take time off work to look after a child's welfare, this leave is unpaid and is available for each child up to their 18^th birthday.

3.7.1.2 Parental Leave should not be confused with Shared Parental Leave which is a new entitlement for eligible parents of children due to be born or adopted on or after 5 April 2015.

3.7.2 Application

3.7.2.1 Unpaid parental leave may be taken to look after a child's welfare when you:

Have one years’ continuous service with Essex Police or Kent Police at the time of the leave; and
Have parental responsibility for a child aged up to 18.

3.7.2.2 Parental responsibility is defined as being named on the child’s birth certificate or have acquired formal parental responsibility (i.e. a legal guardian).

3.7.2.3 Police officers and members of staff, who meet the above criteria, have the individual right to take up to 18 weeks' unpaid leave to care for each child, following the child's birth or placement for adoption.

3.7.3 When Can Leave be Taken?

3.7.3.1 The leave can be taken at any time before the 18th birthday of the child; it must be taken in blocks, or multiples of one week, up to a maximum of four weeks in any one year. Parental leave taken of less than a week will count as a complete week. However, if the child is disabled then leave may be taken in any quantity (minimum of one day) subject to the maximum of 4 weeks in any year.

3.7.3.2 For the purposes of calculating the entitlement, the year commences from the date of birth or adoption placement, or the date on which the member of staff satisfies the qualifying condition of one year’s employment.

3.7.3.3 One person with parental responsibility for the child is entitled to up to 4 weeks leave immediately after the baby is born or a child is placed for adoption, provided they give the necessary 21 days’ notice of the expected week of childbirth (or date of adoption). In this case the parental leave will commence on the day the baby is born, regardless of whether the child is born early or late. The force cannot postpone the leave in these circumstances. In cases of adoption this will apply to the parent not taking adoptive leave.

3.7.4 Approving Parental Leave

3.7.4.1 The request for parental leave should be made in writing, wherever possible, at least 21 days before the start date to your direct line manager for final approval by the LPA/Divisional Commander/Head of Department. The request must include the name and date of birth of the child and your relationship to them. At the time of the first request only, proof of the date of birth or date of adoption of the child may need to be provided.

3.7.4.2 Unless leave has been requested immediately after the child is born or placed for adoption, the force has the right to postpone the period of parental leave for up to 6 months from the date you wish to take the leave. This can only be in circumstances where operational activity or achievement of business objectives would be unduly disrupted by the member of staff’s absence.

3.7.4.3 Any such postponement must be notified to the member of staff within seven days of receipt of the request for leave, giving reasons for the postponement and a proposal of when the leave can be taken. This may mean the latest date by which the leave can be taken is extended if the postponement takes the leave date beyond the child’s 18^th birthday or 18^th anniversary of their adoption placement (whichever is soonest). Parental leave requested immediately after the child is born or adopted cannot be postponed in this way.

3.7.5 Right of Appeal

3.7.5.1 A mutually acceptable agreement will be reached wherever possible. However, where parental leave applications are refused or postponed, the member of staff has a right of appeal to the Head of Resourcing.

3.7.6 Records of Parental Leave Taken

3.7.6.1 The HR Business Centre will be responsible for the record keeping process for all parental leave applications. All requests are to be applied for and authorised in the normal way on SAP. This is essential to enable the force to know when the individual’s entitlement has been used.

3.7.7 Return to Work Rights

3.7.7.1 The precise nature of the job to which the member of staff is entitled to return depends on the length and timing of the leave. If the leave is for four weeks or less, the member of staff is entitled to return to their original job. Where, for any reason, the leave extends a period of absence for more than four weeks, the member of staff should return to their original job. The force will endeavour to ensure that the employee returns to their substantive post and in the unlikely event this is not possible, they should return to a similar and suitable alternative job.

3.7.7.2 All terms and conditions of service to which the individual was entitled to will remain as though they had not been absent because of parental leave. Pension and pay rights accrued before taking leave will be retained. This includes the accrual of annual leave and the concessionary day at Christmas for Kent police staff.

3.7.7.3 The force will also need to declare how much parental leave staff have had to any potential new employer and HR may need to ask for this information from previous employers when an employee makes their first application for parental leave.

3.8 Police Officer and Police Staff Time Off For Dependants Provisions

3.8.1 Application

3.8.1.1 Individuals have the right to take a reasonable amount of paid time off during working hours to take action which is necessary to deal with one of the matters as listed in 3.8.1.2. This leave is intended to deal with short-term difficulties or to make arrangements for longer-term circumstances. Time off is allowed in circumstances where the event is unexpected (but not necessarily sudden) and it is necessary for the individual to deal with the matter. A dependant is defined as a spouse, civil partner or co-habitee, a child, parent or anyone who relies on the member of staff as their primary carer.

3.8.1.2 Time off for dependants will be granted in the following situations:

To provide assistance on an occasion when a dependant falls ill, gives birth or is injured or assaulted;
To make arrangements for the provision of care for a dependant who is ill or injured;
Because of the unexpected disruption or termination of arrangements for the care of a dependant;
In consequence of the death of a dependant (please also refer to the compassionate leave policy);
To deal with an incident which involves a child and which occurs unexpectedly in a period during which an educational establishment that the child attends is responsible for them.

3.8.1.3 Regulation 33 Annex T of Police Regulations 2003 advises that police officers will be permitted to take a reasonable amount of time off during duty time to take action. Police Staff in Essex and Kent are also allowed reasonable time off during working time to take action. There has been no attempt to define the meaning of the word “reasonable” since the amount of time off required will vary according to the individual circumstances of the situation.

3.8.1.4 Under the Parental Bereavement Regulations 2020 an officer or staff employee is entitled to two weeks statutory leave in the unfortunate event of the loss of a child under the age of 18 years or a still birth from 24 weeks of pregnancy, irrespective of length of service. Please refer to the the Compassionate Leave Section of L 1540 Protocol - Leave (see table at 3.5.2) for further information.

3.8.2 How to Apply

3.8.2.1 Applications for time off for dependants do not need to be made in writing but should be drawn to line manager’s attention as soon as is practicable, with a full explanation of the reasons for the time off and the likely duration.

3.8.2.2 In circumstances where both parents or carers may work for the force, the appropriate managers should consider the nature of the emergency, the views of each parent/carer and any relevant operational factors when deciding which individual should be granted leave.

3.8.2.3 It is the Line Manager’s responsibility to forward the explanation for the absence and the duration to the HR Business Centre for recording.

3.8.3 Existing Employment Entitlements

3.8.3.1 When considering the possibility of parental leave or time off for dependants, employees are reminded that in many ways the entitlements available under the Essex Police and Kent Police’s existing employment arrangements are more favourable than the statutory provisions. This protocol should therefore be read in conjunction with maternity, adoption, career break, part time working and compassionate leave policies and does not in any way affect individual’s rights under these policies.

3.9 Financial Help with Paying for Childcare

3.9.1 Application

3.9.1 Tax Free Childcare

3.9.1.1The Government has introduced Tax Free Childcare to help working parents pay for childcare. The scheme works by way of an online account and for every £8 parents contribute the Government adds another £2 (up to a maximum of £2000 per year for each child or £4000 for a child with a disability). Parents can then use the funds to pay for registered childcare. To find out more and apply online please follow this link.

3.9.2 Childcare Voucher Scheme

3.9.2.1 Essex Police and Kent Police run a Childcare Voucher Scheme which was closed to new applicants on 4 October 2018. The provisions below therefore apply to those who joined the scheme and were still active members (i.e. had taken Childcare Vouchers at some point in the preceding 12 months) prior to 4 October 2018.

3.9.2.2 HM Revenue & Customs has produced a leaflet that provides more detail on the scheme.

3.9.2.3 HM Revenue & Customs set the value of childcare vouchers that can be taken which is dependent of the level of tax paid. The table below details the current arrangements:

3.9.2.4 Participating in the childcare scheme entails a change to the contract of employment for the duration of membership within the scheme (for police staff only).

3.9.2.5 The child for whom the childcare vouchers are provided must be:

A child of the employee or a child who lives with the employee;
And for whom they have parental responsibility.

3.9.2.6 Police officers and staff qualify to participate in the childcare voucher scheme up to 1^st September following their child’s 15^th birthday or, if the child is disabled, 1^st September following their child’s 16^th birthday.

3.9.2.7 Q&As on Childcare Vouchers can be found on the Sodexo website.

3.9.3 Using Childcare Vouchers

3.9.3.1 Police officers and staff are not required to use their childcare vouchers in the month in which they are provided but can save them, for example, to meet higher childcare costs during school holiday periods for up to one year from their issue date.

3.9.3.2 Police officers and staff participating in the scheme must use registered or approved childcare providers only.

3.9.3.3 Registered or approved childcare can include:

Registered child minders, nurseries and play schemes;
School Holiday schemes;
Out-of-hours clubs on school premises run by a school or local authority;
Childcare schemes run by approved providers, for example, an out-of-hours scheme;
Childcare provided in the child’s own home by a person approved to care for the child or children (registered);
Childcare provided away from the child’s own home by a person approved to care for the child or children aged 8 or over;
Childcare provided in the child’s own home by a domiciliary worker or nurse from a registered agency that cares for the child or children;
A domiciliary worker is defined as a doctor or other official;
Approved foster carers (the care must be for a child who is not the foster carer’s foster child).

3.9.3.4 Other forms of childcare do not qualify for vouchers. These may include:

Childcare provided in the child’s own home will not qualify if the carer is a relative of the child even if the relative is registered or approved;
Childcare provided away from the child’s own home will not qualify if the carer is related to the child and does not also look after unrelated child(ren);
Relative is defined as a parent, grandparent, aunt or uncle, brother or sister (whether by blood, half-blood, marriage or affinity), and includes step-parents.

3.9.4 Salary Sacrifice

3.9.4.1 Participating in the childcare voucher scheme is classified as a salary sacrifice, whereby an individual gives up their right to receive part of the cash pay due in exchange for childcare vouchers.

3.9.4.2 For police staff the ‘sacrifice’ is achieved by varying the employee’s terms and conditions of employment relating to pay. Police officers can have their substantive salary varied by the provisions as laid out in the attached PNB Circular on flexible benefits.

3.9.4.3 Cancellation of participation in the childcare voucher scheme will result in removal from the salary sacrifice scheme.

3.9.4.4 It is important that the participant fully understands the implications of entering into a salary sacrifice scheme, for more information please refer to the salary sacrifice website.

3.9.5 Pensions

3.9.5.1 Police officers and police staff participating in the salary sacrifice scheme will continue to pay their contributions and receive benefits based on their substantive (whole) salary prior to deductions being taken.

3.9.6 Maternity Provisions

3.9.6.1 Entitlement to Statutory Maternity Pay (SMP) may be affected by participation in the scheme. The amount of SMP you are entitled to will reduce marginally since SMP is assessed on your average cash earnings over a fixed period of time.

3.9.6.2 In order to receive full entitlement to SMP based on original salary, (prior to salary sacrifice) it is necessary to suspend or leave the scheme when 17 weeks pregnant (22^nd week prior to the EWC).

3.9.6.3 Officers and staff should decide whether they would want to continue taking childcare vouchers whilst on maternity leave. Those that do wish to continue are advised that a deduction for childcare vouchers will be taken from any payments that are made apart from Statutory Maternity Pay.

3.9.7 Statutory Sick Pay (SSP)

3.9.7.1 Entitlement to SSP is also based on post-sacrifice earnings and may therefore be reduced when participating in the childcare voucher scheme.

3.9.8 Childcare Vouchers and other Benefits from the Government

3.9.8.1 When an employee takes childcare vouchers it can affect their entitlements to other Benefits, such as Tax Credits. This is because childcare vouchers are not counted as income for tax credit purposes. Some people may also be better off changing to Tax Free Childcare rather that Childcare Vouchers.

3.9.8.2 There is an online calculator available on GOV.UK to help you decide what might be best in your circumstances and a helpline you can ring on 0845 300 3900.

3.9.9 Varying the Amount Paid into the Childcare Voucher Scheme

3.9.9.1 Variation to the amount paid into the scheme is only permissible if the individual experiences a lifestyle change event.

3.9.9.2 A list of lifestyle change events includes:

Death of a child;
Long-term sickness of a child;
Child starting school;
Child moving from primary to secondary school;
A change to the employees working hours or contractual pay;
A change in child caring arrangements
Career breaks;
The birth/adoption/guardianship of additional children and changes to childcare provisions.

3.9.9.3 The list is not exhaustive and individual circumstances will be taken into consideration.

3.9.9.4 A request for such variation must be made through your online Sodexo account.

3.9.9.5 If no Childcare Vouchers are ordered in a rolling 12-month period then the employee will be deemed to have left the scheme and will not be permitted to re-join. To maintain entitlement to remain in the scheme during a break from taking Childcare Vouchers (for example when off on maternity leave or where childcare is used sporadically) a notional amount (for example £5) should be ordered before the end of 12 months since the vouchers were last claimed.

3.9.10 Leaving the Scheme

3.9.10.1 Participants are only able to leave the scheme if they experience a lifestyle change event.

3.9.10.2 Participants leaving the scheme will not be allowed to re-join the scheme.

3.9.10.3 A copy of all correspondence and confirmation that the individual has left the scheme will be retained on the personal file.

3.9.11 Appeal

3.9.11.1 If a request to vary payments is denied by payroll, appeals can be made in writing to the Head of Relations within ten working days of being advised of the decision.

3.9.12 Leaving Employment

3.9.12.1 In the event of employment ending, participation in the scheme will also cease.

3.10 Flexi Time Scheme – Police Staff

3.10.1 The flexi time scheme applies to Essex Police staff, working the core days of Monday to Friday, “daytime” hours and all Kent Police staff, with the exception of those working fixed hours or those who are shift workers. The scheme applies to all police staff fitting this criterion, irrespective of their grade and where it has been agreed flexible working hours may be used to meet the needs of the service to the public and the efficient exercise of the Chief Constable’s functions.

3.10.2 The flexi time scheme is not available to duty planned staff or staff who are rostered to work evenings and weekends within Essex Police and not working a Fixed Shift Pattern within Kent Police

3.10.3 All applications for the scheme will have to be authorised by the applicants’ line manager and they are then processed through Business Services HR.

3.10.4 Moving to the flexi scheme switches a police staff member’s work schedule to a “total hours per day” schedule. Parameters which are either set by the Departmental Head or the individuals agreed Flexible Working patterns are written into the flexi hour’s pattern.

3.10.5 Staff who apply for ‘flexi hours scheme’ will no longer see a core hours work schedule in SAP (e.g.: Mon to Friday 0800 – 1600), but SAP will show that the individual works Flexi- time. Given the parameters that can be set, the flexi hour’s scheme can also be offered to part time workers, using the parameters of the individuals approved part time working pattern.

3.10.6 The staff member through their booking on – off system on SAP, records their actual hours worked, the SAP system then automatically tallies the total hours worked per day and the number of hours ‘flexi’ accrued/owing by the individual. Staff members on the flexi time scheme will need to log their hours daily to ensure an accurate record.

3.10.7 Only those Essex employees who are considered Monday-Friday "day time" workers can have flexi time or Kent employees who don’t work a fixed shift pattern.

3.10.8 The flexi scheme will reduce the administration burden for managers with regards excessive TOIL claims within the SAP system and ensure the flexibility the organisation requires from its staff is recognised in an auditable and transparent system. The flexi scheme provides a consistent approach for non-operational police staff.

3.10.9 Application

3.10.9.1 The flexi time scheme applies to police staff, irrespective of their grade, where it has been agreed flexible working hours may be used to meet the needs of the service to the public and the efficient exercise of the Chief Constable’s functions. The application process is the same for full time workers and part time workers. Compressed hours workers can also apply. Applicants are required to complete the Flexi time scheme form. Applicants must detail their core hours per day for their line manager to review and ensure they have sufficient staffing levels. The flexi scheme is primarily concerned with the number of hours worked over an 8-week period.

3.10.10 Authorisation

3.10.10.1 The agreement to apply the scheme for particular individuals, roles or groups of staff is, subject to a decision by local management in respect of its appropriateness for the working environment.

3.10.10.2 The line manager should review the individual’s core hours and their request to move to the flexi hour’s scheme and confirm the requests fulfil the parameters for flexi hours within their department. Managers must ensure that the work function is adequately covered to ensure overall efficiency; they may therefore set core hours for staff.

3.10.11 Process to Flexi Work Schedule

3.10.11.1 If accepted the manager should agree the request which will be submitted to the RMU in Essex / FRU in Kent and Business Services (HR) to process. If declined – the manager should outline the reasons for declining the application. Examples may be flexi not applicable as they are duty planned or flexi not available due to resourcing levels within the department or individual wants to work outside departmental parameters. If declined - conversations commence between the individual and manager and either the individual then resubmits an application based on the laid down departmental parameters or their current pattern is continued.

3.10.11.2 It is accepted that the majority of staff will be able to agree their working pattern with their line manager. There may be other considerations, such as the need to provide office cover, adequate supervision or the inter-dependency of work streams that may not allow for complete flexibility.

3.10.12 How the Scheme Works

3.10.12.1 For non-duty planned staff, the flexi-time scheme operates between 06:00 hrs Monday and 05:59 hrs the following Monday. It, therefore, accommodates early, evening and weekend working where appropriate. The standard working day for full time members of staff is 7 hours and 24 minutes: a half day is regarded as 3 hours and 42 minutes. Part time staff will have a pro-rata entitlement to the benefits of this scheme. In all cases, entitlements are dependent upon working requirements.

3.10.12.2 Essex Staff only - Any employee in Essex who works a "flexi" work pattern cannot automatically be paid weekend working and night rate enhancements; hence the flexi scheme is not available to duty planned staff. Therefore, employees who are required to work nights/evenings or weekends as part of their standard pattern will not be able to apply for flexi. Only those employees who are considered Monday-Friday "day time" workers can work flexi time.

3.10.12.3 Where an individual on flexi hours works past 2000 hrs they will not be given payment for unsocial hours as this is considered working at their request, at a time that suits their requirements. A department may choose to note in their parameters that evening/night work is not permitted.

3.10.12.4 The scheme works within a period of eight weeks, known as the settlement period. The total number of hours to be worked during this period is 296 for a full-time member of staff or 8x weekly contracted hours for a part time member of staff.

3.10.12.5 Provided that there is a genuine business need, during a settlement period there is no limit on the credit or debit hours on any particular day or week. However, staff will be permitted to have up to 8 days in lieu of flexi-time worked during any settlement period with a maximum of 4 days in any month (Pro Rata for part time Staff). The taking of this as leave is subject to prior approval by line managers in the usual way.

3.10.12.6 Full time staff who have worked more or less than their contracted hours during the settlement period, may carry forward a positive balance of up to 24 hours or negative balance of up to 8 hours (pro-rata for part time staff). Any negative balances will be carried forward. Balances can be carried over to be used or made up within the following settlement period.

3.10.12.7 All hours worked in excess of the 24-hour limit (or pro-rata equivalent for part time staff) will be discounted at each settlement period. Deficit balances can be either made up, or deducted from the individual’s leave quota or, in exceptional cases, deducted from their pay.

3.10.12.8 All full days taken off as flexi time must be booked using the approval facility within SAP Employee Self Service but part days do not need to be applied for, although local agreement with managers is required.

3.10.12.9 Line managers have responsibility to ensure that appropriate action is taken to address situations where an employee is in credit or debit beyond the limits shown above.

3.10.13 Rest Breaks

3.10.13.1 Staff must take an unpaid rest break of not less than 30 minutes, and not normally more than 2 hours, after working continuously for 6 hours. Managers are therefore encouraged to schedule and allow staff to take their rest breaks in all but the most exceptional operational circumstances.

3.10.13.2 There must be an 11-hour break between the end of one day’s work/shift and the beginning of the following day’s work/shift.

3.10.13.3 There must be at least 2 rest days in every 14-day period as a legal minimum. It is recognised that, in normal circumstances, those staff working on the flexi-time scheme will have 2 rest days per week.

3.10.13.4 Where exigencies of the service require an individual to work through their main meal break, compensation may be by granting time off in lieu. This should be submitted as an overtime claim for time and cannot be for payment.

3.10.14 Overtime

3.10.14.1 Staff working under this scheme are entitled to preauthorised overtime in line with the stipulations of their contract.

3.10.14.2 Individuals who are required to work additional hours on a Rest or Non-Working Day e.g., Saturday, which is usually their rest day, should claim this time by completing an overtime form and having it recorded in SAP as TOIL/Overtime, In such circumstances, individuals would become entitled to overtime payments at the appropriate rate.

3.10.14.3 Part time members of staff continue to be entitled to enhanced rates of pay for overtime once they have completed 37 hrs of work during the week when they are asked to work in excess of the exceptional credit time limit.

3.10.15 Authorised Absence

3.10.15.1 Dental and Medical Appointments

3.10.15.1.1 It is expected that, wherever possible, individuals should arrange dental and medical appointments in their own time. However, it is recognised that it may not always be possible for members of staff to do so. Where it proves necessary to make such an appointment during working hours, individuals should endeavour to arrange these so that they are at the start or end of the day to minimise disruption to the workplace. In such circumstances they will be credited for the time spent at the dental or medical appointment that fall within an individual’s working day when booked through SAP as a medical appointment and approved by local management.

3.10.15.2 Official Business

3.10.15.2.1 Individuals spending the whole or part day away from their normal workplace on official business will be credited with the time actually worked plus travel time to and from the place of business. Rest breaks and main meal breaks should be deducted from working time in the normal way; booking on and off of SAP in the usual way is expected.

3.10.15.3 Unavoidable Lateness/Early Departure

3.10.15.3.1 Individuals who arrive late because of severe weather conditions should record their actual start time. However, they may apply through their line manager to be credited with their normal start time if they have made every effort to arrive at that time. This would then be recorded as “unavoidably late absence” on SAP to balance their time statement under the flexitime scheme.

3.10.15.3.2 Where individuals are permitted to leave work early because of travelling difficulties they should record the actual time of their departure. They will not be credited with any additional time in these circumstances. (See L 11160 Protocol – Severe Weather and Travel Disruption).

3.10.16 Recording Hours on SAP

3.10.16.1 Start and finishing times, together with unpaid refreshment and meal breaks, must be logged on the Employee Self Service (ESS) part of SAP on a daily basis. In this way, unintentional errors and inaccurate records are likely to be avoided.

3.10.16.2 Times must be recorded using the 24-hour clock in the following format: Start time 0838, break start 1242, break finish 1326 and finish time 1734. Times must be recorded using 4 figures. If you work less than 6 hours and do not take a break, leave the break times blank. Do not enter zeros.

3.10.16.3 Individuals who do not have access to ESS, either directly or indirectly, must record their flexi- time on a paper record, which must be submitted to their line manager at the end of the 8-week settlement period.

3.11 Flexible Working: The Right to Apply

3.11.1 Application

3.11.1.1 Individuals are eligible to make a request if he/she:

Has worked for Essex Police or Kent Police continuously for 26 weeks at the date the application is made;
Are employees of Essex Police/Kent Police or Essex police/Kent Police officers;
Has not made another application to work flexibly under these provisions during the last 12 months (police staff only).

3.11.1.2 Both Essex Police and Kent Police are committed to a range of initiatives which focus on improving work life balance. All officers and staff now have the right to request flexible working arrangements.

3.11.1.3 Whilst all probationer police constables are eligible to request flexible working arrangements, for those who started prior to March 2022, there is ideally a requirement for the first year of student officer training to be completed on a full-time basis. For those probationer constables joining from March 2022, consideration will be given to students who have already achieved Independent Patrol Status to work all remaining non-protected learning hours on a flexible working basis. For students that have not achieved Independent Patrol Status all options will be explored to support flexible working requests, but opportunities may be limited. Please note that an extension to the probationary period may be required if working part-time hours. For Kent Officers only - further details can be found at section 3.12 Part time working: police officers.

3.11.1.4 Those eligible will be able to request the following changes:

Police Officers:
- Number of hours worked; (For Kent Officers Only - please also see section 3.12 Part time working: Police Officers;
- Times required to work (e.g. earlier or later start/finish times),
- Location of where they work (e.g. another Essex Police or Kent Police work place).
Police Staff:
- Number of hours worked;
- Times required to work (e.g. earlier or later start/finish times).

3.11.2 Principal Considerations

3.11.2.1 Flexible working practices that benefit both the organisation and the individual are important in helping the force to successfully achieve its objectives. Parents, carers, disabled and older people may be excluded from employment if the force applies rigid/inflexible working hours and/or locations. Any barriers to the employment and retention of people will impact on the efficiency of the force. Therefore, offering flexible working makes good business sense. As well as providing a better quality of life, flexible working makes the force more attractive as an employer.

3.11.2.2 Flexible working covers working patterns such as annualised hours, compressed hours, flexi-time, home-working, part-time, job-sharing, self-rostering, shift working, staggered hours and term time working. This right aims to provide employees with opportunities to balance work and family life, whilst being compatible with, and beneficial to, business efficiency.

3.11.2.3 The right to apply for flexible working enables employees to request to work flexibly. It does not provide an automatic right to flexible working, as there will be circumstances where requested changes cannot be accommodated. Wherever possible however, compromise should be reached which balances the needs of the applicant with the operational needs of the Force. Where the original request cannot be granted, alternatives should be discussed with a view to reaching a compromise, wherever practicable, prior to any appeals process, even if it appears that an appeal is likely. Trial periods with reviews give both the Force and the individual opportunities to test new ways of working and adapt these where necessary to achieve a best fit between the needs of the organisation and the individual.

3.11.2.4 It should be noted that for police staff, any agreed changes would mean a permanent change to the contract of employment. It should be noted that contracts of employment may be subsequently amended in the normal way in accordance with general statutory and contractual provisions. For police officers the change will require the signing of a Service Level Agreement that will be reviewed annually (as a minimum).

3.11.2.5 Any changes in personal circumstances which may affect the flexible working agreement must be notified to the line manager as soon as practicable.

3.11.2.6. Requests for flexible working must be made using form LFL007, this form is located by selecting the Collaboration Extranet page, click on Collaborative forms and document templates, Force Forms, Support Services Forms, Human Resources. Form LFL007 can be found under the Employee Relations heading. The guided procedure for making an application (individual responsibility), considering an application (line manager responsibility), refusing an application, the right of appeal and withdrawal of an application is available by following the Guided Procedure – Flexible Working the Right to Apply link below.

3.11.2.7. When considering an application for flexible working, the line manager must notify Human Resources - HR Services page that an application has been received in order:

That the receipt of the request can be recorded against the individual’s SAP record and;
To gain HR advice and support ensuring that all options are fully explored.

3.11.3 Useful Links

Flexible Working Application Flow Chart - Police Staff
Flexible Working Application Flow Chart - Police Officers
Gov-uk – Flexible Working – Overview

3.11.4 Retention and Disposal of Records

3.11.4.1 It is essential that managers keep as accurate record/audit trail of all meetings, discussions, emails etc. Any contact with an individual concerning their application for flexible working, however brief, must be documented and accessible at a later date.

3.11.5 – Annual Leave arrangements

3.11.5.1 A change to working hours will have an impact on your annual leave entitlement and there is a calculator available that you can use to estimate how your annual leave entitlement will change.

When varying working hours, particularly if reducing hours, officers and staff should ensure that they use the annual leave accrued on their previous working hours before the date they change their hours. This is to avoid an excessive number of annual leave hours accrued whilst working full time being taken when working part-time and resulting in greater abstractions from work. The time used up does not need to be the precise amount of time accrued but should be as close to it as is practical. For example, a full time Police Officer with 27 days leave entitlement who is reducing from 40 to 20 hours per week on 1 November should have taken approximately 7/12 of their full-time annual leave entitlement (c.127 hours) before reducing their hours. Please discuss with your line manager in the first instance any individual circumstances that might make this difficult to achieve. If more than the accrued leave has been taken prior to reducing hours due to the timing of the change in hours during the leave year this will result in less annual leave being available to take for the remainder of the year and, in some cases, too much annual leave will have been taken. Again, please speak to your line manager if this may be a concern for you.

3.12 Part-Time Working for Police Officers – KENT ONLY

3.12.1 The purpose of this section is to enable officers to consider whether they work on a full time or part time basis.

3.12.2 The aim of this protocol is to ensure parity between full time and part time officers and therefore enhance the opportunities for employment, retention or re-employment of officers who might otherwise have been lost to the service.

3.12.3 Working patterns should be compliant with Police Regulations and Working Time Regulations and are subject to agreement by both the officer and the Chief Constable. No specialisms are excluded. Good management will seek to ensure that, wherever possible, all areas of police work lend themselves to part time working or job share. For further details please see section 3.13 on Job Share.

3.12.4 Definitions

3.12.4.1 Part time working involves an obligation for one person to work on a reduced number of hours on a regular and planned basis. The officer negotiates availability with Kent Police. This could take one of the following formats, working:

Fewer hours per day;
Fewer days or shifts per week;
Alternate weeks;
Annualised hours;
Term-time working.

3.12.4.2 Job sharing involves a shared responsibility between two or more people to work as one post holder by means of division of tasks. The post holders negotiate availability both within Kent Police and with each other.

3.12.4.3 Job splitting: there may be an occasion where part time working in a specific role is deemed inappropriate and for operational reasons the role may be split into two or more new roles.

3.12.5 Conditions of Service

3.12.5.1. The duties, Standards of Professional Behaviour, adherence to Kent Police standards and obligations, placed upon police officers are the same whether they are full or part time workers. Part time appointments are detailed in Regulation 5 of the Police Regulations 2003.

3.12.5.2. Once an officer has converted from full time to part time working, they can apply to revert to full time working at any stage. Applications must be made in writing to Divisional Commander/ Head of Department. Every effort should be made to accommodate such a request within a month. Failing this they will automatically revert to full time working after 3 months from the date of the request.

3.12.5.3. Whilst every effort will be made to accommodate officers transferring to part time or reverting to full time working, there can be no guarantee that their request will be accommodated within their existing post. Where it proves necessary to transfer the individual, they should not be treated less favourably than any other and it will be at no loss of rank.

3.12.5.4. Regulations provide part time workers with various entitlements and safeguards, including access to promotion, training opportunities, overtime payments (for hours in excess of 40 per week), allowances in respect of public holiday working and for working on free days when they would not otherwise be expected to work.

3.12.6 Eligibility

3.12.6.1 Part time working conditions are available for all police officers. Serving officers will retain their rank when opting for part time working.

3.12.6.2 Probationer Constables: Candidates may apply to join on a part time basis. Those wishing to join or re-join Kent Police on a part time basis will attend the standard assessment centre along with other new recruits to determine their level of fitness and suitability for joining/re-joining the force. Their suitability will be considered on the same basis as officers applying for full time appointments and will be with the following conditions:

The first year of the Kent Student Officer Programme (KSOP) Stage 1 and Stage 2 must be completed on a full-time basis;
Subsequent to the first year of the programme, as detailed in Home Office guidelines a minimum average of 24 hours a week must be worked for the remainder of the probationary period;
Part time joiners will be subject to the normal conditions of probationary service, although the length of their probation will be extended on a pro rata basis to take account of their reduced hours of working;
Probationers whether part time or not will not be exempt from working shifts, including night duty. As with all part time workers, rosters should be discussed and agreed by local managers;
Part time probationers should ideally work a shift pattern that enables continuity of supervision.

3.12.6.3 Applications will also be considered from officers who have previously resigned and wish to re-join on a part time basis.

3.12.6.4 No quotas will be set for the recruitment of part time workers.

3.12.7 Criteria for Part-Time Working

3.12.7.1 Posts: Unless there are sound business reasons as to why part time working is not viable for a post, all posts should be considered for part time working.

3.12.7.2 Applicants wishing to re-join the force on a part time basis will be assessed in the same manner as full-time applicants. They must be prepared to undertake shift working, unsociable hours and be flexible in their working times. Similarly, to full time officers, part time officers will, on occasion, be required to work additional hours.

3.12.7.3 Managers are reminded that part time officers should not be prioritised for obligatory overtime. Such a practice is not only unfair but may in certain circumstances constitute indirect sex discrimination.

3.12.8 The Selection Process

3.12.8.1 All applications should be in writing and directed to the Divisional Commander/Head of Department. Divisional Commanders/Heads of Departments will consider individual cases on their merits and make decisions with advise from Human Resources - HR Services page where necessary.

3.12.8.2 In cases where the Divisional Commander/Head of Department does not support the request for part time working, they should seek the advice of an appropriately qualified HR Professional/prior to registering the request to discuss possible solutions. In the event that the Divisional Commander / Head of Department still does not support the request, officers will have the right of appeal.

3.12.8.3 Officers are reminded that they may seek advice from the Federation and Superintendents Association.

3.12.8.4 Those wishing to join or re-join Kent Police on a part time basis must complete an application form, obtainable from the Recruitment and Talent Management Team. The application form will ask for details of proposed hours of duties and days that the applicant wishes to work. The Divisional / Department should attempt to accommodate the request wherever practicable or modify the proposed working pattern to suit both the Business and the individual.

3.12.8.5 Innovative and effective management will seek to ensure mutually satisfactory hours and duties, subject to the needs of the service as well as to the individual preferences as expressed on the application form or as submitted to the Divisional Commander/ Head of Department. The particular duties, hours and deployments normally required to be worked will be at the discretion of the Divisional Commander/Head of Department following consultation with the applicant.

3.12.8.6 Current serving officers who seek part time working to an advertised post will be considered on an equal footing as full-time applicants. Whilst every consideration will be given to the needs of the individual officer, Divisional Commanders/Heads of Departments should seek to balance organisational and individual needs when agreeing particular hours and duty rosters.

3.12.8.7 The part time worker will sign a part time work Service Level Agreement (SLA), which sets out agreed hours and place of work, subject to the exigencies of duty. The SLA is subject to variations in accordance with exigencies of duty; as with a full-time officer, the hours and rosters may vary to reflect the nature of police work. It must be remembered that changes in working patterns may have a disproportionate effect on part time workers; such changes are most efficiently made following thorough and considered consultation.

3.12.8.8 An officer’s part time working hours should not be increased or reduced without the prior agreement of the officer concerned and any changes should be a mutual agreement between the officer and their manager.

3.12.8.9 Hours for part time staff should be reviewed regularly, and as a minimum on an annual basis as part of the Performance Development Review process. Line managers should ensure that officers do not regularly work more than the agreed hours.

3.12.9 Right of Appeal

3.12.9.1 If an application for part time working is refused, the individual may request for the case to be reviewed; the Divisional Commander or Head of Department may direct one of their staff to review the case.

3.12.9.2 Appeals against a decision to refuse an application for part time working must be made in writing to the Divisional Commander or Head of Department within 14 days of the refusal. The appeal should state why the decision should be re-considered.

3.12.9.3 Within 14 days of receiving the appeal the (or his/her designated representative) will either:

Uphold the appeal and notify the applicant in writing of the revised working arrangements, and the date on which it will take effect; or
Hold a meeting (at a mutually convenient time and location) with the applicant to discuss the appeal;
Federation representative may accompany the applicant. The outcome of the appeal meeting will be confirmed in writing within 14 days. If the appeal is successful, the notice will specify the variation agreed to, and the date it will take effect from. If the appeal is dismissed, the notice will set out the grounds for that decision.

3.12.10 Placing the Part-Time Worker

3.12.10.1 Placing the part time worker will be determined by several factors. These will include the needs of the Division/Department, as well as considering the needs of the individual.

3.12.10.2 Current serving officers, once appointed, will carry out the usual duties and deployment on Divisional/ Department as a full-time officer. They will be able to apply for relevant specialist posts or promotion in accordance with force policy.

3.12.10.3 For those re-joining the force, the protocol is the same as for those re-joining on a full-time basis and reference should be made to the L1840 police recruitment section 6.

3.12.10.4. Initial and subsequent postings will be at the discretion of the Chief Constable with the intention to ensure all resources are used to best effect throughout the force.

3.13 Job Share – KENT ONLY

3.13.1 Application

3.13.1.1 This section of the protocol applies to those members of staff who work on a job share arrangement. Almost all jobs are suitable for sharing. It will be for a manager to show reasons as to why a job should not be shared, which will be subject to scrutiny in accordance with Section 3.11 Flexible Working: the right to apply.

3.13.1.2 As part of its commitment to flexible working, Kent Police will support applications for job share working where it appears to be an effective solution for both the organisation and the individual.

3.13.1.3 Job sharing means that two individuals voluntarily agree to share the full range of duties and responsibilities of a full-time post.

3.13.1.4 By providing job share opportunities, Kent Police can attract and retain individuals who wish to work reduced hours as well as providing partial cover when one of the members of staff are absent due to leave or sickness. Although there is no general force requirement to cover each other’s absence due to annual leave or sickness, there will be rare occasions where this is a justifiable requirement due to the nature of the role. Where this is the case it will be set out in the individuals’ contracts of employment.

3.13.2 Practicalities

3.13.2.1 Responsibility for the duties attached to the post are shared and both individuals have a responsibility for remaining aware of the other’s activities. It is helpful if individuals have clearly defined hand over periods.

3.13.2.2 If one of the job share partners leave and unless the other individual wishes to become full time, the post should be advertised on a job share basis. In rare situations it may prove impossible to fill a vacancy within a reasonable period of time. If the current role has been assessed as unsuitable to be carried out on a part-time basis and no suitable replacement can be found the remaining job sharer will have to choose one of the options below.

Transferring to another job share position, if one is available;
Remaining in post but changing to full time hours;
Transferring to a post which more readily lends itself to part time working.

In these circumstances managers are advised to contact appropriately qualified HR Professional for advice.

3.13.2.3 Job share partners are entitled to the same terms and conditions as other employees but on a pro rata basis.

3.13.2.4 If an officer forming part of a job share reverts to full time service or ceases to be a police officer a replacement job sharer will be sought by Kent Police. This is, of course, on the assumption that the current role has been reassessed as unsuitable to be carried out on a part time basis. If no suitable replacement can be found the remaining job sharer will have to choose between.

3.13.3 Re-Joiners - Police Officers

3.13.3.1 Training requirements for re-joiners will be determined on the basis of their individual needs, which will vary depending upon many factors including length of time away from work, length of service and experience in relation to the function to be fulfilled on their return. Please refer to the police recruitment protocol L1840.

3.13.3.2 Part time officers will be given the same access to training as full-time colleagues. Wherever possible, training should be arranged in a way that maximises the opportunity for part time staff to attend.

3.13.3.3 Should attendance on a specific course be a pre-condition of a transfer to any post and the course cannot either be tailored to suit part time attendance or delivered on an alternative basis, sufficient notice should be given to allow part time officers to make appropriate arrangements to allow them to attend. Any additional hours worked should be paid at plain time (up to 40 hours per week) or given as time off in lieu and any other allowances will be reimbursed.

3.13.3.4 All training should be regularly re-evaluated to account for part time workers.

3.13.3.5 Rank: rank is not guaranteed where officers re-join the service following resignation. However, consideration may be given to the officer being appointed to their previous rank, where the period of absence is less than 2 years.

3.13.4 Performance Development Review (PDR)

3.13.4.1 All officers working part time will be included in the PDR and development processes of the Force. It is important that the personal development and training needs of officers working part time are not neglected.

3.13.5 Managers’ Responsibility

3.13.5.1 Attempts should be made to ensure a mutually acceptable agreement is made where the individual’s wishes in relation to part time work are accommodated as far as possible. It is important that consideration be given to approaches outside of “traditional working patterns” and to consider new way of working that are beneficial to both the individual and the organisation.

3.13.5.2 Posts should not necessarily be created to accommodate part-time working. However, managers should identify innovative and creative solutions that are a benefit to the organisation whilst meeting the needs of the individual. This can include trial periods of arrangements to make an appropriate assessment of its suitability. Trial periods must involve consultation with the officer and Human Resources - HR Services page. Should it be decided the arrangement does not work, the officer may be transferred to an alternative post that better accommodates part-time working or to a full-time post. Where satisfactory solutions are not identified advice should be sought from Human Resources. Any arrangement that work particularly well should be highlighted to Human Resources as examples of good practice.

3.13.6 Specialist Posts

3.13.6.1 The scheme should not prejudice the ability of part time workers to hold posts throughout the whole range of police duties. The needs and interests of the Force, together with the individual’s career development, will be balanced in the decision-making process. There will be no discrimination on the grounds of part time working. The force protocol relating to recruitment to specialist posts will apply and part time officers are eligible to compete alongside full-time colleagues for both Divisional and Department posts.

3.13.6.2 Should operational requirements change there may be occasion where a role is no longer deemed as suitable for part time working. This change to the role requirement must be supported by a full business case. In this situation the part time worker who holds the post may elect to revert to full time or to transfer to another part time post. The part time worker cannot be required to revert to full time unless they chose to do so.

3.13.7 Promotion

3.13.7.1 Suitability for promotion will be decided on the basis of individual ability and, where a part time candidate is successful in securing promotion, good practice requires each of the available job vacancies to be considered as to the suitability for part time working. Individuals should not be excluded from promotion on the basis that there are no existing part time vacancies at the higher rank.

3.13.8 Terms and conditions

3.13.8.1 Part time officers’ terms and conditions are largely the same as full time officers, with pay and other entitlements usually made on a pro rata basis. Full details are available in Police Regulations and Determinations 2003.

3.13.8.2 The rate of pension contribution is calculated on a pro rata basis. Any officer considering part time working should always take advice from pensions section.

3.13.9 Monitoring

3.13.9.1 The part time post must be reviewed once a year through the Performance Development Review process to assess its suitability in meeting the needs of the force as well as the needs of the individual.

3.14 Career Break Scheme

3.14.1 The career break scheme provides the opportunity for individuals to apply for an extended period away from the workplace with a view to return to the organisation after a specified period of time, where vacancies and the economic climate permit, whilst retaining some benefits of continuous service.

3.14.2 This scheme allows officers and staff to take a break in their career to develop themselves or to fulfil outside commitments such as:

Educational: to complete a course of study in order to satisfy personal ambition and enhance knowledge. The period of time permitted will relate to the particular course of study;
Domestic care: to allow time out of the workplace to care for children or other dependent relatives. A period of up to 5 years may be permitted;
Personal development: to allow individuals to take up opportunities that may be available through voluntary work, sporting activities, travel, or other possibilities which may present themselves. This may include alternative employment of a developmental nature that will benefit the Force upon return. Consideration will be given to the overall benefit to the force before any application is approved for this reason.
Wellbeing: to allow individuals time out of the workplace for health and wellbeing reasons.
The Head of HR Resourcing may approve career breaks for reasons outside of those listed above, where there are exceptional circumstances on a case-by-case basis.

3.14.3 Benefits to Essex Police and Kent Police

3.14.3.1 The career break scheme will:

Help to retain good staff that are an expensive and valuable resource, therefore enabling the Forces to see a return on their investment in them;
Offer an alternative to resignation, which will subsequently help to reduce the labour turnover rate;
Enable the individual to broaden his/her outlook, encouraging fresh ideas, initiative and an innovative approach;
Encourage loyalty and commitment from staff;
Reduce recruitment and initial training costs through the retention of existing staff, as those returning to work will already possess levels of experience and expertise;
Demonstrate that the forces value their staff and are willing to give sympathetic consideration to individual needs.

3.14.4 Benefits to the Individual

3.14.4.1 The career break scheme will:

Enable personal development;
Help staff to fulfil other ambitions whilst enabling them to continue with their career progression on return;
Enable staff to combine a career with family commitments.

3.14.5 Eligibility

3.14.5.1 All police officers and Kent police staff are eligible to apply for a career break on completion of their probation or after two years, whichever is the later. They must satisfy other considerations regarding health, attendance and conduct. Participation in the career break scheme will be on the understanding that prior to taking the break the individual’s standards of performance have complied with those prescribed by their respective force.

3.14.5.2 Applicants will not normally be permitted to commence a career break if they are subject to an outstanding complaint or disciplinary process.

3.14.5.3 If the eligibility criteria in sections 3.14.5.1 and 3.14.5.2 are not met, the Head of Resourcing may approve career break applications where there are exceptional circumstances on a case-by-case basis. For probationer officers the Head of Learning and Development must be supportive of the application.

3.14.6 Duration of a Career Break

3.14.6.1 Approval for the length of the career break will be determined in the light of the current and anticipated needs of the employing Force. More than one career break can be applied for but the combined lengths must not exceed 5 years. There must be at least 12 months in between each career break. The length of the career break will be agreed between the applicant and Head of Department/Divisional/LPA Commander and be subject to overall agreement to proceed from the Head of Resourcing.

3.14.6.2 The Head of Resourcing has the discretion to approve a career break of more than 5 years in exceptional circumstances.

3.14.6.3 The career break must not extend beyond the normal retirement age for police officers.

3.14.7 Applying for a Career Break

3.14.7.1 Police officers and Kent police staff considering applying for a career break should familiarise themselves with the contents of this protocol paying particular attention to the conditions of the scheme listed under section 3.14.11.

3.14.7.2 Individuals should discuss their application with their direct line manager in the first instance. A formal application should then be made in Essex on Form PERS82 and in Kent on form 1068 and be sent to the line manager. The application should include reasons and reference to the eligibility criteria.

3.14.7.3 Authority to approve: The line manager will have a discussion with the individual. The application should then be forwarded to the Divisional/LPA Commander/Head of Department by the line manager including a recommendation and a comment on the individual’s eligibility for the scheme. The line manager should take into consideration both the needs of the organisation and the individual in making a recommendation.

3.14.7.4 The Divisional/LPA Commander/ SMT Representative, in consultation with an appropriately qualified HR Professional will determine whether to recommend the application for a career break to the Head of Resourcing. In doing so the Divisional/LPA Commander/ SMT Representative will comment on both the extent to which the application meets the criteria and the needs of the force. The Divisional/LPA Commander/SMT Representative will forward the endorsed copy of the application to the Head of Resourcing for consideration at least three months prior to the requested start date.

3.14.7.5 The ultimate decision to approve career breaks lies with the Head of Resourcing.

3.14.7.6 The Head of Resourcing has the authority to approve or refuse an application for a career break considering the following:

The application against the eligibility criteria detailed at 3.14.5;
The recommendation made at 3.14.7.4;
The current and anticipated financial climate;
The likelihood of Essex Police or Kent Police being in a position to grant the individual a post at the end of the career break.

3.14.7.7 Where an application is refused, the decision will be made clear and the reasons for refusal will be given in writing within 28 days.

3.14.7.8 The applicant may submit a notice of appeal to the Head of Human Resources within 28 days of receipt of the written notification of refusal.

3.14.8 Commencement of Career Break

3.14.8.1 Prior to the commencement of the career break the individual will be asked to sign an agreement, which will apply for the duration of the career break. This will be a standard force agreement and will cover the obligations and expectations of the respective force and any individual in relation to:

Commencement and return dates;
Objectives of the career break;
Use of police powers (if applicable);
Standards of conduct;
Conditions of service;
Changes of circumstances (address, marital status, etc.);
Commitment from the force to offer re-engagement on the individual’s return;
The appropriateness and practical arrangements for any short term returns to the Force;
The application of the restrictions under Regulations 6 (Private Life), 7 and 8 (Business Interests) of the Police Regulations 2003 (if applicable);
Plans for refresher training or development programmes on return to work which the individual will be expected to attend in their own time.

3.14.9 During the Career Break

3.14.9.1 The responsibility for maintaining contact during the break will rest as much with the individual as with the force.

3.14.9.2 It is the responsibility of individuals to provide a current point of contact via Human Resources - HR Services page throughout the career break. Any updates should be sent by email to [email protected] or [email protected] by the individual explaining that they are on career break and require their details to be updated.

3.14.9.3 The career break objectives and timescale may be revised at any time during the career break by agreement between the individual and the Head of Resourcing.

3.14.9.4 Police officers and police staff are required to inform the Head of Resourcing of any circumstances which may affect the agreed objectives or timescale of a career break.

3.14.9.5 In line with Police Regulations, where the Head of Resourcing has reasonable grounds for believing that the agreed objectives and timescale of a career break may no longer be achievable s/he may require a police officer to attend a review meeting. Refer to 3.14.10.1.7.

3.14.9.6 As a result of the review the police officer may be required to return to work as soon as the appropriate vetting checks have been completed, however, the individual may make representations to the Head of HR before a final decision is reached.

3.14.9.7 A member of police staff will not be required to return to duty from a career break.

3.14.10 Return to Work

3.14.10.1 Police Officers

3.14.10.1.1 At the time of their return to work police officers will not be subject to the normal recruitment process. However, individuals will be subject to medical checks, vetting as outlined below and a general requirement that individuals must have maintained standards appropriate to employment/service with Essex Police or Kent Police.

3.14.10.1.2 The level of vetting conducted for those returning on a career break will be applied as follows:

Break of up to 6 months – permitted to return with no vetting procedure being conducted;
Break of 6 months to 1 year – recruitment vetting and national security vetting as required;
Break of 1 year or more – recruit vetting and relevant national security vetting must be completed;
If you are returning to a specialist role a higher level of security vetting will be required.

3.14.10.1.3 Failure to pass the vetting process invalidates the career break agreement and therefore may affect the right to return to work.

3.14.10.1.4 A provisional date of return will be agreed between the Head of Resourcing and the officer before the break commences. The officer will be required to confirm this date and any relevant changes in circumstances (as outlined in the career break agreement) in writing three months prior to his/her return.

3.14.10.1.5 If an officer wishes to return to work earlier than stated, this may be agreed, subject to there being a suitable vacancy the individual should give notice in writing to the Head of Resourcing of their wish to return.

3.14.10.1.6 Police officers should notify the HR Planning team of the date on which they would like to return who will identify a suitable posting.

3.14.10.1.7 Essex Police or Kent Police reserve the right to decline early returns where it is in the Force’s overall interest to do so.

3.14.10.2 Police Staff

3.14.10.2.1 The level of vetting conducted for those returning on a career break will be applied as follows:

Break of up to 6 months – permitted to return with no vetting procedure being conducted;
Break of 6 months to 1 year – recruitment vetting and national security vetting as required;
Break of 1 year or more – recruit vetting and relevant national security vetting must be completed;
If you are returning to a specialist role a higher level of security vetting will be required.

3.14.10.2.2 Failure to pass the vetting process invalidates the career break agreement and therefore may affect the right to return to work.

3.14.10.2.3 A provisional date of return will be agreed between the Head of Resourcing and the individual before the break commences. The individual will be required to confirm this date and any relevant changes in circumstances (as outlined in the career break agreement) in writing three months prior to his/her return.

3.14.10.2.4 If an individual wishes to return to work earlier than stated, this may be agreed, subject to there being a suitable vacancy the individual should give notice in writing to the Head of Resourcing of their wish to return.

3.14.10.2.5 Once a member of police staff has confirmed their intention to return to the Corporate Recruitment Team, and the date on which they would like to return, they will be notified of current vacancies and given the opportunity to apply after any redeployees but prior to general release. They will be subject to normal recruitment processes.

3.14.10.2.6 The onus is on the police staff employee to apply for posts 3 months prior to their return date.

3.14.10.2.7 Kent Police reserves the right to decline early returns where it is in the Force’s overall interest to do so.

3.14.11 Conditions of the Career Break Scheme

3.14.11.1 Career breaks are approved on the condition that the terms of the career break agreement and the conditions of the scheme are fulfilled, and that individuals have maintained standards appropriate to their employment with the Essex Police and Kent Police (police staff) or remain fit to perform the duties of his/her office (police).

3.14.11.2 If an individual has any outstanding obligations which must be fulfilled, e.g. attendance at court or completion of a project, the commencement of the career break may have to be delayed.

3.14.11.3 It is a condition of any career break agreement that, prior to the career break's commencement, any individual in credit or debit on any time account will zero their time balances.

3.14.12 Status

3.14.12.1 The period of the career break is unpaid. Police officers and staff are not required to resign on commencement of the career break. For police officers Police Regulations will continue to apply. However, for police staff the contract of employment is suspended for the duration of the career break and is only reactivated once the individual has started work again with Kent Police.

3.14.12.2 Police officers and staff will be expected to sign a mutual agreement with the force, which will define the expectations of both parties (the force and the individual) for the duration of the break. This agreement will provide guidance on the expectations of officers to exercise their police powers whilst on the career break.

3.14.13 Rank/Grading

3.14.13.1 Police officers are guaranteed to return from a career break on the same rank however, a post will be determined upon current vacancies available at the time of return to the Force. The rank held by the police officer before commencement of the break will be protected until they return to work. Any changes to the rank structure will be applied on return in the same way as for substantive staff.

3.14.13.2 While police staff cannot be guaranteed to return to their previous job or at their previous grade, they will be permitted to apply for any currently advertised jobs as an internal candidate and will be considered after any redeployee.

3.14.14 Return - For Kent police staff, the onus is on the individual to apply for posts 3 months prior to their return date.

3.14.14.1 A provisional date of return will be agreed between the Head of Resourcing and the individual before the break commences. The individual will be required to confirm this date and any relevant changes in circumstances as outlined at 3.14.15 in writing three months prior to his/her return.

3.14.14.2 If an individual wishes to return to work earlier than stated, this may be agreed, subject to there being a suitable vacancy with the same determined hours and work pattern being available at the time and the prevailing economic circumstances. In such circumstances, the individual will normally be permitted to return to work as soon as practicable, subject to the appropriate vetting checks being satisfactorily completed by giving notice in writing to the Recruitment Delivery Manager of the wish to return. Please note, in complex cases, vetting may take four to six months to complete.

3.14.14.3 Essex Police or Kent Police reserve the right to decline early returns where is it in its overall interest to do so.

3.14.14.4 There can be no guarantee that the individual will return to their previous grade, especially if there has been a restructuring during the time that the have been on career break.

3.14.14.5 If individuals do not secure a job prior to their provisional return date, the employing force may offer them a role if one is available and no redeployees are eligible to be considered at that time.

3.14.14.6 If individuals do not secure a job prior to their provisional return date, and the employing Force is unable to offer them a role at that time, the employment relationship will end. No payment will be made, as the on-going relationship is conditional upon the individual securing a role upon their return.

3.14.14.7 If, upon return, an individual obtains a role that is at a lower grade than the one they held before the career break, they will be paid the rate for the new role and will not receive salary protection.

3.14.15 Changes in Circumstances

3.14.15.1 All staff must inform their employing force of any changes in their circumstances prior to returning, which may affect their employment on return to work, e.g. chronic medical conditions, disabilities, convictions.

3.14.15.2 During the career break the restrictions imposed on the private lives and business interests of police officers as described in Police Regulations still apply. The intention is to ensure that individuals continue to abstain from any activity, which is likely to interfere, or give the impression of interfering, with the impartial discharge of their duties.

3.14.15.3 It is acknowledged that individuals may wish to engage in other employment during the term of their career break for which police officers would need to seek approval, as per protocol L 11060: Secondary Employment and Business Interest.

3.14.16 Pensions

3.14.16.1 For police staff the period of a career break will not count as reckonable service for pension benefits. Staff must be made aware that pension contributions and pay increments will be frozen until they return to work, this will have an impact on the length of service counted in relation to pension entitlements.

3.14.16.2 For Police officers, there is no buy back option for pensions on return from the career break but there is in some circumstances the option to take out Additional Voluntary Contributions (AVCs). Further advice is available from Essex County Council or Kent County Council, Pensions Department.

3.14.16.3 Police officers on a career break will have a protected entitlement to all pension benefits at the point of commencement of the break, including death benefits, enhanced ill health pensions and injury benefits.

3.14.16.4 In accordance with the Local Government Pension Scheme (LGPS) pensions handbook, members of police staff who are scheme members must pay pension contributions for the first 30 days of absence, based on the pay they would have received had they been at work. They can choose whether or not to pay contributions for up to 36 months of the remainder of the career break period. This can be completed retrospectively by the member of staff or, in the event of death, by the next of kin.

3.14.17 Other Benefits and Allowances

3.14.17.1 National Insurance: For details on how National Insurance contributions will be affected individuals are advised to contact the HMRC via their website.

3.14.17.2 Group Insurance: police officers will be unable to continue to contribute to the Group Insurance Scheme and will therefore have to make their own arrangements for such cover with the broker.

3.14.17.3 Membership of the Police Federation and UNISON: Individuals will have to make their own arrangements regarding membership and are advised to consult with the appropriate office.

3.14.17.4 Benefits and allowances: Most entitlements to benefits and allowances will cease on commencement of a career break. On return to work the individual will be entitled to the benefits and allowances applicable to the role they return to that are payable at the time of their return.

3.14.18 Accommodation for Police Officers

3.14.18.1 Officers who embark on a career break of less than 12 months, may be allowed to remain in police accommodation, but will be charged rent at the current market rate. This is dependent on the availability of accommodation at that time.

3.14.18.2 Where the career break is for a period of 12 months or longer, the officer will be required to vacate the accommodation.

3.14.19 Housing Allowance or Transitional Rent Allowance

3.14.19.1 Police officers who are entitled to housing allowance or transitional rent allowance on commencement of the career break will have the entitlement protected, but not paid, for the duration of the break.

3.14.20 Training

3.14.20.1 On return from the career break, once a police officer role or police staff job has been determined, the individual’s new line manager will conduct an interview with the individual concerned to assess training and development needs. A training and development programme will be devised in consultation with staff in the Human Resources Department to accommodate the identified needs, which will assist the individual’s re-introduction to the workplace. Mentors and other forms of guidance may also be used.

3.14.21 Maternity Provisions

3.14.21.1 Individuals wishing to extend their maternity leave into a career break will be required to notify the Head of Resourcing in writing at least three months before the end of the maternity leave period. Subject to approval, normal conditions governing the career break scheme will then apply.

3.14.21.2 In line with Police Regulations, police officers who become pregnant while on a career break are entitled to the same maternity benefits as officers not taking a career break. An officer on a career break who becomes pregnant should give notice as soon as reasonably practicable after she becomes pregnant of the probable date of birth of her child.

3.14.21.3 The provisions of the police maternity scheme will then take effect and the career break will be suspended (unless the officer confirms that she does not wish the provisions of the maternity scheme to be applied to her). Resumption of the career break in due course should be subject to further agreement between the Head of Resourcing and the officer.

3.14.22 Sickness

3.14.22.1 Individuals who fall sick during a career break will not be entitled to occupational sick leave. To find out about sickness benefits paid by the Government go to https://www.gov.uk/statutory-sick-pay/overview .

3.14.23 Annual Leave

3.14.23.1 Individuals on a career break will not be entitled to paid annual leave nor will the period of the career break count towards the accrual of entitlements to holiday. Outstanding leave entitlements should be taken prior to commencement of the career break.

3.14.24 Reckonable Service

3.14.24.1 As is the situation for pensions, the period of a career break will not count towards reckonable service for the purposes of calculating the entitlement of other key benefits, such as pay progression, sickness, holiday, maternity and redundancy payments.

3.14.25 Resourcing Implications

3.14.25.1 Individuals returning from a career break will not count against the strength of any Division or Department. For police officers, HR Planning will be responsible for finalising a suitable posting.

3.14.26 Changes of Conditions of Service

3.14.26.1 Changes to conditions of service or Police Regulations: Changes effected during a career break apply to all members of staff whether on a career break or not.

3.15 Police Officer and Police Staff Shared Parental Leave Provisions

3.15.1 This protocol sets out the rights of employees to shared parental leave (SPL) and pay (ShPP). Shared parental leave enables mothers to commit to ending their maternity leave and pay at a future date, and to share the untaken balance of leave and pay as shared parental leave and pay with their partner, or to return to work early from maternity leave and opt in to shared parental leave and pay at a later date. These arrangements also apply to parents who adopt a baby (e.g. references to the child’s birth in this protocol also apply to the date on which the child was placed for adoption with the parents).

3.15.2 Shared Parental Leave is designed to allow parents to take leave flexibly in the first year of a child’s life or placement for adoption. Up to 50 weeks’ leave and 37 weeks’ pay can be shared between the parents if the mother brings her maternity leave and pay to an end early.

3.15.3 Shared parental leave is in addition to the right to paternity leave and “ordinary” parental leave. However, a parent who takes Shared Parental Leave in respect of a child before they have taken their statutory paternity leave entitlement will lose their entitlement to statutory paternity leave.

3.15.4 Intended parents in surrogacy who meet certain criteria will be eligible for statutory adoption leave and pay and Shared Parental Leave and Pay.

3.15.5 This protocol applies in relation to employees of the force, whether they are the mother or the partner. If it is the mother who is employed by the force, her partner must (where relevant) submit any notifications to take shared parental leave set out in this protocol to his/her own employer, which may have its own shared parental leave protocol in place, if he/she wants to take a period of shared parental leave.

3.15.6 Similarly, if it is the partner who is employed by the force, the mother must (where relevant) submit any notifications to take shared parental leave to her own employer.

3.15.7 The mother and the partner should ensure that they are each liaising with their own employer to enable requests for shared parental leave to be handled as smoothly as possible. Please note that there is no need for employers to contact one another to make checks on eligibility criteria or declarations and it is the responsibility of both parents to ensure they have fulfilled any necessary obligations.

3.15.8 Police officers and police staff meeting the eligibility criteria will be paid Statutory Shared Parental Pay only during a period of paid Shared Parental Leave. This is a fixed payment and details of the weekly amount can be found here. There is no enhancement paid above the statutory amount due; Police Officers can find further information in Home Office Circular 011/2015. There is a Shared Parental Leave and Pay Calculator available on the Gov.UK website that you might like to use in calculating your entitlement.

3.15.10 Amount of Shared Parental Leave Available

3.15.10.1 The amount of shared parental leave to which an individual is entitled will depend on when the mother brings her maternity leave period to an end and the amount of leave that the other parent takes in respect of the child. Shared parental leave must be taken in blocks of at least one week. The employee can request to take shared parental leave in one continuous block (in which case the force is required to accept the request as long as the employee meets the eligibility and notice requirements), or as a number of discontinuous blocks of leave (in which case the employee needs the force's agreement). A maximum of three requests for leave per pregnancy can normally be made by each parent.

3.15.10.2 The first two weeks following birth are the compulsory maternity leave period and are reserved for the mother. This means that the mother cannot curtail her maternity leave to take shared parental leave until two weeks after the birth and the maximum period that the parents could take as shared parental leave is 50 weeks between them.

3.15.10.3 However, the mother's partner can begin a period of shared parental leave at any time from the date of the child's birth (but the partner should bear in mind that he/she is entitled to take up to two weeks' ordinary paternity leave following the birth of his/her child, which he/she will lose if shared parental leave is taken first). The mother and partner must take any shared parental leave within 52 weeks of birth.

3.15.11 Eligibility for Shared Parental Leave

3.15.11.1 For employees to be eligible to take shared parental leave, both parents must meet certain eligibility requirements.

3.15.11.2 The mother is eligible for shared parental leave if she:

Has at least 26 weeks' continuous employment ending with the 15^th week before the expected week of childbirth and remains in continuous employment with the force until the week before any period of shared parental leave that she takes;
Has, at the date of the child's birth, the main responsibility, apart from the partner, for the care of the child;
Is entitled to statutory maternity leave in respect of the child; and
Complies with the relevant maternity leave curtailment requirements (or has returned to work before the end of statutory maternity leave), and shared parental leave notice and evidence requirements.

3.15.11.3 In addition, for the mother to be eligible for shared parental leave, the partner must:

Have been employed or been a self-employed earner in at least 26 of the 66 weeks immediately preceding the expected week of childbirth;
Have average weekly earnings of at least the maternity allowance threshold [currently £30] for any 13 of those 66 weeks; and
Have, at the date of the child's birth, the main responsibility, apart from the mother, for the care of the child.

3.15.11.4 The partner is eligible for shared parental leave if he/she:

Has at least 26 weeks' continuous employment ending with the 15^th week before the expected week of childbirth and remains in continuous employment with the force until the week before any period of shared parental leave that he/she takes;
Has, at the date of the child's birth, the main responsibility, apart from the mother, for the care of the child; and
Complies with the relevant shared parental leave notice and evidence requirements.

3.15.11.5 In addition, for the partner to be eligible for shared parental leave, the mother must:

Have been employed or been a self-employed earner during at least 26 of the 66 weeks immediately preceding the expected week of childbirth;
Have average weekly earnings of at least the maternity allowance threshold [currently £30] for any 13 of those 66 weeks;
Have, at the date of the child's birth, the main responsibility, apart from the partner, for the care of the child;
Be entitled to statutory maternity leave, statutory maternity pay or maternity allowance in respect of the child; and
Comply with the relevant maternity leave or pay curtailment requirements (or have returned to work before the end of statutory maternity leave).

3.15.12 Notice Requirements for Shared Parental Leave

3.15.12.1 The notices that the parents must give to the relevant employer to be able to take shared parental leave are made up of three elements. They are:

A. A Maternity Leave Curtailment Notice from the mother setting out when she proposes to end her maternity leave (unless the mother has already returned to work from maternity leave);

B. A notice of entitlement and intention (select relevant notice below) from the employee giving an initial, non-binding indication of each period of shared parental leave that he/she is requesting:

Father - Notice of entitlement and intention to take Shared Parental Leave,

Mother - Notice of Entitlement and Intention to take Shared Parental Leave
Mother (Adoptive) - Notice of Entitlement and Intention to take Shared Parental Leave

Father (Adoptive)- Notice of entitlement and intention to take Shared Parental Leave

C. A Request for Shared Parental Leave notice from the employee setting out the start and end dates of each period of shared parental leave that he/she is requesting.

3.15.12.2 The notice periods set out below are the minimum required by law. However, the earlier the employee informs the force of his/her intentions, the more likely it is that the force will be able to accommodate the employee's wishes, particularly if he/she wants to take periods of discontinuous leave.

3.15.12.3 Employees are advised that, if they have already decided the pattern of shared parental leave that they would like to take, they can provide more than one type of notice at the same time. For example, the mother could provide a maternity leave curtailment notice, notice of entitlement and intention and period of leave notice at the same time. Similarly, the partner could provide his/her notice of entitlement and intention and period of leave notice at the same time.

3.15.13 Mother's Notice Curtailing Maternity Leave

3.15.13.1 Before the mother or partner can take shared parental leave, the mother must either return to work before the end of their maternity leave (by giving the required eight weeks' notice of her planned return) or provide her employer with a Maternity Leave Curtailment Notice.

The maternity leave curtailment notice must be in writing and state the date on which maternity leave is to end. That date must be:

After the compulsory maternity leave period, which is the two weeks after birth;
At least eight weeks after the date on which the mother gave the maternity leave curtailment notice to her employer; and
At least one week before what would be the end of the additional maternity leave period.

3.15.13.2 The mother must provide her maternity leave curtailment notice at the same time she provides either her notice of entitlement and intention or a Mother's declaration to accompany Partner's notice of entitlement.

3.15.14 Revocation of Maternity Leave Curtailment Notice

3.15.14.1 The mother can withdraw her notice curtailing her maternity leave in limited circumstances. The withdrawal of a maternity leave curtailment notice must be in writing and can be given only if the mother has not returned to work. The mother can withdraw her maternity leave curtailment notice if:

It is discovered that neither the mother nor the partner are entitled to shared parental leave or statutory shared parental pay and the mother withdraws her maternity leave curtailment notice within eight weeks of the date on which the notice was given;
The maternity leave curtailment notice was given before the birth of the child and the mother withdraws her maternity leave curtailment notice within six weeks of the child's birth; or
The partner has died.

3.15.15 Employee's Notice of Entitlement and Intention

3.15.15.1 The employee, whether the mother or the partner, must provide the force with a non-binding notice of entitlement and intention. The employee's notice of entitlement and intention, which must be in writing and provided at least eight weeks before the start date of the first period of shared parental leave to be taken by the employee.

3.15.15.2 If the employee is the mother, the notice of entitlement and intention must set out:

The mother's name;
The partner's name;
The start and end dates of any statutory maternity leave taken or to be taken by the mother;
The total amount of shared parental leave available;
The child's expected week of birth and the child's date of birth (although, if the child has not yet been born, the date of birth can be provided as soon as reasonably practicable after birth, and before the first period of shared parental leave to be taken by the mother);
How much shared parental leave the mother and partner each intend to take; and
A non-binding indication as to when the employee intends to take shared parental leave (including the start and end dates for each period of leave).

3.15.15.3 The mother's notice of entitlement and intention must include a Mother's declaration signed by her that:

She satisfies, or will satisfy, the eligibility requirements to take shared parental leave;
The information she gives in the notice of entitlement and intention is accurate; and
She will immediately inform the force if she ceases to care for the child.

3.15.15.4 In addition, the mother's notice of entitlement and intention must include a Partner's declaration signed by him/her:

Specifying the partner's name, address, and national insurance number (or declaring that the partner does not have a national insurance number);
Declaring that the partner satisfies, or will satisfy, the conditions set out above (see Mother’s eligibility for shared parental leave);
Declaring that the partner is the father of the child, or is married to, the civil partner of, or the partner of, the mother;
Declaring that the partner consents to the amount of leave that the mother intends to take; and
Declaring that the partner consents to the mother's employer processing the information in the partner's declaration.

3.15.15.5 If the employee is the partner, the partner's notice of entitlement and intention must set out:

The partner's name;
The mother's name;
The start and end dates of any periods of statutory maternity leave, statutory maternity pay or maternity allowance taken or to be taken by the mother;
The total amount of shared parental leave available;
The child's expected week of birth and the child's date of birth (although, if the child has not yet been born, the date of birth can be provided as soon as reasonably practicable after birth, and before the first period of shared parental leave to be taken by the partner);
How much shared parental leave the partner and mother each intend to take; and
A non-binding indication as to when the partner intends to take shared parental leave (including the start and end dates for each period of leave).

3.15.15.6 The partner's notice of entitlement and intention must include a Partner's declaration signed by him/her:

He/she satisfies, or will satisfy, the eligibility requirements to take shared parental leave;
The information given by the partner in the notice of entitlement and intention is accurate; and
He/she will immediately inform the force if he/she ceases to care for the child or if the mother informs him/her that she no longer meets the requirement to have curtailed her maternity leave or pay period.

3.15.15.7 In addition, the partner's notice of entitlement and intention must include a Mother's declaration signed by her:

Specifying the mother's name, address, and national insurance number (or declaring that the mother does not have a national insurance number);
Declaring that the mother satisfies, or will satisfy, the conditions set out above (see Partner’s eligibility for shared parental leave) and she will notify the partner if she no longer qualifies for maternity leave, statutory maternity pay or maternity allowance;
Declaring that the mother consents to the amount of leave that the partner intends to take;
Declaring that she will immediately inform the employee if she no longer meets the requirement to have curtailed her maternity leave or pay period; and
Declaring that the mother consents to the partner's employer processing the information in the mother's declaration.

3.15.16 Documentation

3.15.16.1 Within 14 days of receiving a notice of entitlement and intention from the employee, whether the mother or partner, the force can request from the employee:

A copy of the child's birth certificate (or, if the child has not been born, a copy of the birth certificate within 14 days of the birth - if the birth certificate has yet to be issued after this period, a signed declaration stating the date and location of the child's birth will suffice); and
The name and address of the other parent's employer (or a declaration that the other parent has no employer).

3.15.16.2 The employee has 14 days from the date of the request to send the force the required information.

3.15.17 Variation or Cancellation of Notice of Entitlement and Intention

3.15.17.1 The employee can vary or cancel his/her proposed shared parental leave dates following the submission of a notice of entitlement and intention, provided that he/she provides the force with a written notice. The written notice must contain:

An indication as to when the employee intends to take shared parental leave (including the start and end dates for each period of leave);
Details of any periods of shared parental leave that have been notified through a period of leave notice;
Details of any periods of statutory shared parental pay that have been notified in relation to periods where shared parental leave was not to be taken; and
A declaration signed by the mother and the partner that they agree to the variation.

3.15.17.2 Any indication of leave intended to be taken that the employee provides in a variation of notice of entitlement and intention is non-binding until he/she provides a period of leave notice in relation to that period of leave. There is no limit on the number of variations of notice of entitlement and intention that the employee can make.

3.15.18 Employee's Period of Leave Notice

3.15.18.1 To take a period of shared parental leave, the employee must provide the force with a Request for Shared Parental Leave setting out the start and end dates of each period of shared parental leave requested in that notice.

3.15.18.2 A period of leave notice must be given not less than eight weeks before the start date of the first period of shared parental leave requested in the notice. The notice may be given at the same time as a notice of entitlement and intention and can be a request for a continuous period of leave or discontinuous periods of leave.

3.15.19 Variation or Cancellation of Booked Shared Parental Leave

3.15.19.1 Situations will arise where an employee may need to vary or cancel a period of booked leave. An employee should give written notice to vary/cancel their leave and make clear what change they are seeking. Any variation must be made at least eight weeks before the dates varied begin. The written notice can:

Vary the start date or the end date of any period of shared parental leave or cancel a request for leave;
Request that a continuous period of leave become discontinuous periods of leave; or
Request that discontinuous periods of leave become a continuous period of leave.

3.15.19.2 A notice to vary booked SPL will count as a further notification. Therefore, if the employee had originally agreed the leave as part of their first notice to book SPL, cancelling or varying the leave would count as a second notification.

3.15.19.3 If the employee has already used up all of their notifications the force is under no obligation to agree to vary/cancel the leave but may still consider the request and decide whether it is reasonably practicable to grant it.

3.15.19.4 Instances where the employer proposes a variation to leave, and the employee is agreeable, would not count as a further notification and this should be confirmed in writing.

3.15.20 Cancelling the Decision to End Maternity or Adoption Leave

3.15.20.1 The mother or adopter may be able to change their decision to end maternity or adoption leave early if both:

The planned end date hasn’t passed:
They have not already returned to work.

3.15.20.2 One of the following must also apply:

It is discovered during the 8-week notice period that neither partner is eligible for either SPL or ShPP;
The employee’s partner has died;
It is less than 6 weeks after the birth (and the mother gave notice before the birth).

3.15.21 Limit on Number of Requests for Leave

3.15.21.1 The employee can provide a combined total of up to three periods of leave notices or variations of period of leave notices per pregnancy, although the force may waive this limit in some circumstances.

3.15.22 Continuous Period of Shared Parental Leave

3.17.22.1 If the employee submits a period of leave notice requesting one continuous period of leave, he/she will be entitled to take that period of leave.

3.15.23 Discontinuous Periods of Shared Parental Leave

3.15.23.1 The employee may submit a period of leave notice requesting discontinuous periods of leave. For example, the mother and partner could request a pattern of leave from their respective employers that allows them to alternate childcare responsibilities.

3.15.23.2 If the employee submits a period of leave notice requesting discontinuous periods of leave, the force, in the two weeks beginning with the date the period of leave notice was given, can:

Consent to the pattern of leave requested;
Propose an alternative pattern of leave; or
Refuse the pattern of leave requested.

3.15.23.3 If agreement is reached within those two weeks, the employee is entitled to take the leave on the dates agreed.

3.15.23.4 If no agreement has been reached within that two-week discussion period, the employee is entitled to take the leave as one continuous period of leave. In that event, the employee must choose a start date for the leave that is at least eight weeks from the date on which the period of leave notice was originally given. The employee must notify the force of that date within five days of the end of the two-week discussion period. If the employee does not choose a start date within five days of the end of the two-week discussion period, the period of continuous leave will start on the date of the first period of leave requested in the period of leave notice.

3.15.23.5 Alternatively, if the force has refused the request or no agreement has been reached during the two-week discussion period, the employee may withdraw a period of leave notice requesting discontinuous periods of leave. The employee can withdraw a period of leave notice at any time on or before the 15^th day after the period of leave notice was given. A notice for discontinuous leave that has been withdrawn before it is agreed does not count towards the total number of requests for leave that an employee can make.

3.15.24 Amount of Shared Parental Pay Available

3.15.24.1 Statutory shared parental pay is available for eligible parents to share between them while on shared parental leave. The number of weeks' statutory shared parental pay available to the parents will depend on how much statutory maternity pay or maternity allowance the mother has been paid when her maternity leave or pay period ends.

3.15.24.2 A total of 39 weeks' statutory maternity pay or maternity allowance is available to the mother. As there is a compulsory maternity leave period of two weeks, this means that a mother who ends her maternity leave at the earliest opportunity could share up to 37 weeks' statutory shared parental pay with her partner. Any statutory shared parental pay due during shared parental leave will be paid at a rate set by the Government for the relevant tax year, or at 90% of the employee's average weekly earnings, if this figure is lower than the Government's set weekly rate.

3.15.24.3 For police officers there is no limit on the number of periods of maternity leave which may be taken during the period of Maternity Leave entitlement either before or after child birth and therefore maternity leave and shared parental leave periods may be inter-changed. For police staff however, once a mother has ended her maternity/adoption leave and has returned to work she will only be entitled to statutory pay during periods of shared parental leave and at that point cannot revert back onto maternity leave. The mother should therefore give careful consideration to the financial implications of ending maternity/adoption leave early whilst still in receipt of occupational maternity/adoption pay.

3.15.24.4 It is up to the parents as to who is paid the statutory shared parental pay and how it is apportioned between them. It is possible for both parents to be on leave and in receipt of pay at the same time but in these circumstances they will use up the leave and pay more quickly than if it is taken consecutively.

3.15.25 Eligibility for Statutory Shared Parental Pay

3.15.25.1 For employees to be eligible for statutory shared parental pay, both parents must meet certain eligibility requirements.

3.15.26 Mother's Eligibility for Statutory Shared Parental Pay

3.15.26.1 The mother is eligible for statutory shared parental pay if she:

Has at least 26 weeks' continuous employment ending with the 15th week before the expected week of childbirth and remains in continuous employment with her employer until the week before any period of shared parental pay that she gets;
Has normal weekly earnings for a period of eight weeks ending with the 15th week before the expected week of childbirth of at least the lower earnings limit for national insurance contribution purposes;
Has, at the date of the child's birth, the main responsibility, apart from the partner, for the care of the child;
Is absent from work and intends to care for the child during each week in which she receives statutory shared parental pay; and
Is entitled to statutory maternity pay in respect of the child, but the maternity pay period has been reduced.

3.15.26.2 In addition, for the mother to be eligible for statutory shared parental pay, the partner must:

Have been employed or been a self-employed earner during at least 26 of the 66 weeks immediately preceding the expected week of childbirth;
Have, at the date of the child's birth, the main responsibility, apart from the mother, for the care of the child; and
Have average weekly earnings of at least the maternity allowance threshold [currently £30] for any 13 of those 66 weeks.

3.15.27 Partner's Eligibility for Statutory Shared Parental Pay

3.15.27.1 The partner is eligible for statutory shared parental pay if he/she:

Has at least 26 weeks' continuous employment ending with the 15^th week before the expected week of childbirth and remains in continuous employment with his/her employer until the week before any period of shared parental pay that he/she gets;
Has normal weekly earnings for a period of eight weeks ending with the 15^th week before the expected week of childbirth of at least the lower earnings limit for national insurance contribution purposes;
Has, at the date of the child's birth, the main responsibility, apart from the partner, for the care of the child; and
Is absent from work and intends to care for the child during each week in which he/she receives statutory shared parental pay;

3.15.27.2 In addition, for the partner to be eligible, the mother must:

Have been employed or been a self-employed earner during at least 26 of the 66 weeks immediately preceding the expected week of childbirth;
Have average weekly earnings of at least the maternity allowance threshold [currently £30] for any 13 of those 66 weeks;
Have, at the date of the child's birth, the main responsibility, apart from the partner, for the care of the child; and
Be entitled to statutory maternity pay or maternity allowance in respect of the child, but the maternity pay period or maternity allowance period has been reduced.

3.15.28 Rights During Shared Parental Leave

3.17.28.1 During shared parental leave your pay will be replaced by Statutory Shared Parental Pay. This means that, while normal remuneration will cease, other benefits will remain in place. For example, holiday entitlement will continue to accrue.

3.15.29 Contact during Shared Parental Leave

3.15.29.1 The force reserves the right to maintain reasonable contact with employees during shared parental leave. This may be to discuss plans for their return to work, agree any special arrangements to be made or training to be given to ease their return to work or to update them on developments at work during their absence.

3.15.29.2 An employee can agree to work for the force (or to attend training) for up to 20 days during shared parental leave without that work bringing the period of his/her shared parental leave and pay to an end. These are known as "shared-parental-leave-in-touch" (SPLIT) days. These days are in addition to the 10 KIT days that may be worked under the maternity pay and leave arrangements.

3.15.29.3 The force has no right to require employees to carry out any work and employees have no right to undertake any work during their shared parental leave. Individuals and their line mangers should therefore discuss and agree if and when any SPLIT days will be worked.

3.15.29.4 Please discuss with your line manager the arrangements that might need to be put in place to facilitate you working a SPLIT day, such as systems access or equipment needed should there be work you are undertaking from a location other than your usual place of work (this could include working at home).

3.15.29.5 You will be paid for any hours worked based on salary in addition to the ShPP for that week. ShPP will be paid alongside SPLIT day payments as long as the payment does not exceed full pay. Pay will be worked out by multiplying the hours worked by the hourly rate (for police officers your hourly rate is calculated by dividing your annual salary by 313, multiplying by 6 and dividing this figure by 40; for police staff your annual salary is divided by 365, multiplied by 7 and divided by 37 to give your hourly rate).

3.15.29.6 Any hours worked during a SPLIT day will count as a whole day; i.e. whether you work 4 hours or 9 hours this will deduct 1 day from the 20 days allowed. Any SPLIT days taken will not extend the period of shared parental leave.

3.15.30 Returning to Work Following Shared Parental Leave

3.15.30.1 The employee has the right to resume working in the same job when returning to work from shared parental leave if the period of leave, when added to any other period of shared parental leave, statutory maternity or adoption leave or statutory paternity leave taken by the employee in relation to the same child, is 26 weeks or less.

3.15.30.2 If the employee is returning to work from shared parental leave and the period of leave taken is more than 26 weeks, when added to any other period of shared parental leave, statutory maternity or paternity leave taken in relation to the same child, or was the last of two or more consecutive periods of statutory leave that included a period of ordinary parental leave of more than four weeks, or a period of additional maternity leave, the employee has the right to return to the same job unless this is not reasonably practicable. In these circumstances, if it is not reasonably practicable for the force to permit a return to the same job, the employee has the right to return to another job that is suitable and appropriate for him/her.

3.15.31 Record Keeping

3.15.31.1 The force must keep records for HM Revenue and Customs (HMRC), including:

The evidence provided by the employee to show that they were eligible for ShPP;
The date ShPP began;
Details of ShPP payments (including dates);
The ShPP reclaimed;
Any weeks ShPP not paid and the reasons why.

3.15.31.2 Records must be kept for at least 3 years from the end of the tax year they relate to.

3.15.31.3 Further information on Shared Parental Leave can be found in the following guidance from ACAS and Gov.UK .

3.15.32 Relevant Legislation

Children and Families Act 2014;
Shared Parental Leave Regulations 2014 (SI 2014/3050);
Statutory Shared Parental Pay (General) Regulations 2014 (SI 2014/3051);
Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations 2014 (SI 2014/3052);
Statutory Maternity Pay and Statutory Adoption Pay (Curtailment) Regulations 2014.

3.15.33 Police officers and staff are reminded that Federation and Staff Association support is available to members.

3.15.34 Support and guidance can be access via the Support network pages:

3.16 Smarter Working – Kent only

3.16.1 For full details of the Kent Smarter Working principles and protocol please see the intranet.

3.17 Agile Working – Essex only

3.17.1 For full details of the Essex Agile Working Protocol please see the intranet.

3.18 Carer’s Support – Essex Only

3.18.1 Background and definition

3.18.1.1 A growing number of Officers and Staff within Essex Police are required to provide caring responsibilities outside of work; it is recognised that time to support carers has to be balanced with commitments at work, this can often be compounded with a 24/7 organisation and considering working days and shift patterns. In recognition of this the organisation gives a commitment to support carers and will provide a flexible approach to requesting time off and absence away from the business.

3.18.1.2 This protocol empowers supervisors and managers within the organisation to be innovative in their approach and the expectation is they will offer more flexible time off for carers showing our commitment to this vital area and providing reasonable support to facilitating time off to support caring responsibilities.

3.18.1.3 For the purposes of the commitment, a carer is defined as a member of staff or officer who is or expects to be caring for a relative, partner or a member of the family who cannot manage without that help because they have a long-term medical condition or disability. Under this definition:

Carers may or may not live with the person for whom they care and may share the care within the family;
Carer's support can be granted for things like doctors, hospital, or dental appointments where the individual being cared for cannot get to the appointment without assistance, usually because of a disability or because they are too frail. This is not an exhaustive list of requirements as it is recognised that each case will have different requirements;
Carer’s support options can only be used in relation to children where a child has a long-term disability.

3.18.1.4 The purpose of this support is not to replace the existing protocol for emergency situations. Carers support is available whereby a clear caring relationship exists. You may not be approved time-off if, for instance, you only need to provide care on a one-off basis; this can be applied for via the usual time-off request processes available in this protocol, i.e. utilisation of leave, Compassionate or Dependents Leave, if applicable.

3.18.1.5 It is the responsibility of individuals to discuss with line manager’s the carer arrangements required. Line managers will need to understand the circumstances leading to requests to be absent in order to ascertain that the circumstances fall within the criteria. Individuals should also expect that further requests may require further discussion prior to an absence being approved.

3.18.1.6 Carer support is offered for the relevant period of time in which it is required. If carer responsibilities cease the individual is responsible for informing their line manager. Applying for carer's support when it is no longer appropriate or not required under the definition, could result in misconduct action being taken.

3.18.2 Carer’s Support Options and Application

3.18.2.1 No specific paid leave provision will be provided for carers; however, the 2 governing policies that currently set out some options to facilitate carer’s responsibilities are L1540 - Leave and L11340 – Work Life Balance. These remain available options to consider, however, line managers are to be creative in approving time for carer’s support.

3.18.2.2 Below is a summary of some of the key elements that could be applied to support the commitment to carer’s time off:

Flexibility with shifts Provision for Carer’s support	Through local line manager discussion officers and staff will be able to facilitate the movement of shifts; this could include moving start or finish times at the request of the individual. It could be that start and finish times are altered but the same length of duty is undertaken. It could also be possible to the start or finish times to be amended to work a shorter day and agreement to work back the hours. This provision may also include facilitating extended breaks or split shifts to balance appointments.
Move working days/ rest days Provision for Carer’s support	Through local line manager discussion officers and staff will be able to move working days and rest days to accommodate planned caring responsibility.
Flexitime Scheme Existing in L11340	This scheme is open for police staff in non-duty planned roles. It can provide flexibility in approving time off or allow for the facility to take extended breaks with local managers approval to cater for carer needs.
Support in arranging appointments and sharing information	Managers providing reassurance and the facility/ability to take and make personal telephone calls linked to caring responsibilities during the working day via personal mobile phones.

3.18.2.3 Local line managers will need to ensure they maintain a record of all carers support provided. Each case will have a different range of needs and the time off required will be individualised based on that need and the role the individual performs. It is the local line managers responsibility to discuss these needs and ensure support is balanced and appropriate. These discussions and agreement can be documented on the relevant form, which is available via the Diversity and Inclusion intranet pages.

3.18.2.4 As a guideline carer’s support will be subject to regular review by the line manager and accommodated within the business needs. It could be reasonable to plan up to 6 months ahead, allowing for regular reviews and welfare checks.

3.18.2.5 As each case will vary local line managers will assess and support reasonable requests based on the circumstances of the case; the assessment of options and reasonable support can be discussed at a local level with the relevant HR Adviser for the Command/Department.

3.18.2.6 These local provisions will be recorded with RMU for SAP purposes. Line managers are encouraged to be innovative in the support they provide to their team’s within practical parameters and whilst ensuring business continuity.

3.18.2.7 As well as supporting the individual requirements of those being cared for, it is recognised that individual officers and staff will also need to ensure they manage their own welfare and support needs. Occupational Health are available for wellbeing initiatives and counselling support as well as the Employee Assistance Programme; full details are available through the Healthy You hub.

3.18.2.8 The Disability & Carers Network, including the Help Forum, are available for advice and support to individuals and line managers. Options for carers support can also be discussed with local HR Advisers.

3.19 Authorised Absence

3.19.1 Dental and Medical Appointments

3.19.1.1 It is expected that, wherever possible, individuals should arrange dental and medical appointments in their own time. However, it is recognised that it may not always be possible for members of staff to do so. Where it proves necessary to make such an appointment during working hours, individuals should endeavour to arrange these so that they are at the start or end of the day to minimise disruption to the workplace. In such circumstances time can be requested via SAP for a paid medical appointment for dental or medical appointments that fall within an individual’s working day. Dentist and doctors

3.19.2 Official Business

3.19.2.1 Individuals spending the whole or part day away from their normal workplace on official business will seek approval via line management and record the time actually worked plus travel time to and from the place of business. Rest breaks and main meal breaks should be deducted from working time in the normal way.

4.0 Equality Impact Assessment

4.1 This protocol has been assessed with regard to its relevance to race and diversity equality. As a result of this assessment the protocol has been graded as having a medium potential impact.

5.0 Risk Assessment

5.1 There is no specific risk assessment or health and safety consideration thought relevant to the content of this protocol. Officers and members of police staff engaged within the process must remain aware that they must follow the protocol correctly otherwise the risk to the organisation of a possible employment tribunal could be raised. A failure to fully adopt the principles set out in this protocol could have a detrimental effect upon the reputation of the organisation.

6.0 Consultation

6.1 Various consultants for the different aspects of each section of the protocol

7.0 Monitoring and Review

7.1 The application of this protocol will be by the Head of Employee Relations. The protocol will be reviewed in 2 years’ time.

8.0 Governing force policy.
Related force policies or related procedures (Essex) / linked standard operating procedures (Kent)

8.1 This HR protocol is governed by HR policy L1.

W 1008 Procedure/SOP - Physical Security
V01b (Kent)
W 1000 Policy - Information Management
W 1001 Procedure/SOP – ICT Acceptable Use
L 11060: Secondary Employment and Business Interest
L 11160 Protocol – Severe Weather and Travel Disruption
protocol L180 Attendance Management

8.2 Data Security

8.2.1 Essex Police and Kent Police have measures in place to protect the security of data in accordance with our Information Management Policy.

8.3 Retention & Disposal of Records

8.3.1 Essex Police and Kent Police will hold data in accordance with our Records Review, Retention & Disposal Policy.8.3.2 We will only hold data for as long as necessary for the purposes for which we collected.

9.0 Other source documents, e.g., legislation, Authorised Professional
Practice (APP), Force forms, partnership agreements (if applicable)

9.1 Various listed throughout the document.

Protocol Author: Various authors

Protocol Owner: Head of Employee Relations

Policy reference: Work life balance protocol (L11340)
Contact point: Head of Employee Relations
Date last reviewed: November 2023

If you require any further information or to request any documentation referenced within the policy please email [email protected]. For general enquiries, contact us.

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Human Resources - Work life balance protocol (L11340)