Policy Statement

This policy outlines employees' entitlement to Paternity Leave (PL) and sets out the arrangements for taking it. The policy does not apply to agency workers or the self-employed.

No-one will be discriminated against or subjected to a detriment for taking leave in accordance with this policy.

This policy does not form part of any employee's contract of employment and we may amend it at any time.

Definitions

The definitions which apply in this policy.

Partner:

Someone (whether of a different sex or the same sex) with whom you live in an enduring family relationship, but who is not your parent, grandparent, sister, brother, aunt or uncle.

Expected Week of Childbirth:

The week, beginning on a Sunday, in which their doctor or midwife expects your spouse, civil partner or partner to give birth.

Expected Placement Date:

The date on which an adoption agency expects that it will place a child into your care with a view to adoption.

Personnel Responsible for Implementing the Policy

The Chief Executive has overall responsibility for the effective operation of this policy and for ensuring compliance with the relevant statutory framework. The Chief Executive has delegated day-to-day responsibility for operating the policy and ensuring its maintenance and review to the Chief Operating Officer (COO).

Managers have a specific responsibility to ensure the fair application of this policy and all members of staff are responsible for supporting colleagues and ensuring its success.

Time Off to Accompany a Pregnant Woman to Ante-Natal Appointments

An employee may take paid time off to accompany a pregnant woman to an antenatal appointment if they have a qualifying relationship with the woman or the child.

This means that either:

• they are the baby's father
• they are the pregnant woman's spouse, civil partner or co-habiting partner
• she, the mother, has undergone assisted conception and at that time they were her wife or civil partner or gave the required legal notices to be treated in law as the second parent
• they are one of the intended parents in a surrogacy arrangement and expect to obtain a parental order in respect of the child

Please give as much notice of the appointment as possible. The employee must provide us with a signed statement providing the date and time of the appointment and confirming:

• that you meet one of the eligibility criteria above
• that the purpose of the time off is to accompany the pregnant woman to an antenatal appointment
• that the appointment has been made on the advice of a registered medical practitioner, registered midwife or registered nurse

An employee may take time off to accompany a pregnant woman to up to two antenatal appointments in relation to each pregnancy.

An employee must not take more than six and a half hours off for each appointment, including travel and waiting time.

Time off to attend these appointments is paid.

If an employee wishes to take time off to attend further antenatal appointments, they should request annual leave.

Entitlement to Paternity Leave

Employees can take Paternity Leave in relation to the birth or adoption of a child.

You are entitled to Paternity Leave if you meet all the following conditions:

• you:
• are the biological father of the child
• have been matched with a child by an adoption agency
• are the spouse, civil partner or partner of the child's mother
• are the spouse, civil partner or partner of someone who has been matched with a child by an adoption agency

• you:
• expect to have main responsibility (with the child's mother, co-adopter or adopter) for the child's upbringing
• are the child's biological father and you expect to have some responsibility for the child's upbringing

• your intended leave is for the purpose of caring for the child, or supporting the child's mother, adopter or co-adopter in caring for the child

• you are entitled to Paternity Leave and pay if your child is stillborn after 24 weeks of pregnancy or is born alive at any stage of pregnancy but does not survive (neo-natal loss)

Timing and Length of Paternity Leave

PL can be taken for up to a period of 8 weeks. The statutory entitlement is to 2 weeks PL, however ILF Scotland offer up to 8 weeks paid PL. This can be taken in up to four instalments of a maximum two weeks each and up to 365 days after the date of child’s birth or date of adoption.).

PL can be taken from the date of the child's birth or adoption placement, but must end:

• in birth cases, within 365 days of the child's birth, or if they were born before the first day of the expected week of childbirth, within 365 days of the first day of the expected week of childbirth
• in adoption cases, within 365 days of the child's placement

Notification (Birth)

If you wish to take PL in relation to a child's birth, you must give us notice in writing of your intention to do so and confirm:

• the expected week of childbirth
• how much leave you will take and how it will be taken
• when you would like to start your leave.

You can state that your leave will start on:

• the day of the child's birth
• a day which is a specified number of days after the child's birth, or
• a specific date later than the first date of the expected week of childbirth

You must give notice by the end of the 15th week before the expected week of childbirth (or, if this is not possible, as soon as you can).

We may require a signed declaration from you that you are taking PL for a purpose for which it is intended; namely, to care for the child or to support the child's mother in caring for the child.

Notification (Adoption)

If you wish to take PL in relation to the adoption of a child, you must give us notice in writing of your intention to do so and confirm:

• the date on which you and / or your spouse, civil partner or partner were notified of having been matched with the child, together with the expected placement date
• how much leave you will take and how it will be taken
• when you would like to start your leave

You can state that your leave will start on:

• the day on which the child is placed with you or the adopter
• a day which is a specified number of days after the child's placement
• a specific date later than the expected placement date

When choosing a period of Paternity Leave, you must give us written notice at least 28 days before the chosen start date or no more than seven days after you and / or your spouse, civil partner or partner were notified of having been matched with the child (or, if this is not possible as soon as you can).

We may require a signed declaration from you that you are taking PL for a purpose for which it is intended; namely, to care for the child or to support your spouse, civil partner or partner in caring for the child.

Changing the Dates of Paternity Leave

Where you are to take PL in respect of a child's birth, you can give us written notice to vary the start date of your leave from that which you originally specified. This notice should be given:

• where you wish to vary your leave to start on the day of the child's birth, at least 28 days before the first day of the expected week of childbirth
• where you wish to vary your leave to start a specified number of days after the child's birth, at least 28 days (minus the specified number of days) before the first day of the expected week of childbirth
• where you wish to vary your leave to start on a specific date (or a different date from that you originally specified), at least 28 days before that date

Where you are to take PL in respect of a child's adoption, you can give us written notice to vary the start date of your leave from that which you originally specified. This notice should be given:

• where you wish to vary your leave to start on the day that the child is placed with you or the adopter, at least 28 days before the expected placement date
• where you wish to vary your leave to start a specified number of days after the child's placement, at least 28 days (minus the specified number of days) before the expected placement date
• where you wish to vary your leave to start on a specific date (or a different date from that you originally specified), at least 28 days before that date

If you are unable to give us 28 days' written notice of the wish to vary the start of your leave as set out above, you should give us written notice of the change as soon as you can.

You can cancel a period of leave by giving us written notice, at least 28 days before the start date or as soon as you reasonably can.

You must give us written notice of the child's date of birth, or placement for adoption, as soon as you reasonably can afterwards.

Paternity Pay

If you take PL in accordance with this policy, you will be entitled to up to eight weeks’ full pay. Please note that this is payable at an enhanced rate, substantially above and inclusive of the statutory paternity pay (payable for only two weeks), set by the government.

You shall also be eligible for organisation PL, and associated pay, from day one.

Terms and Conditions During Paternity Leave

All the terms and conditions of your employment remain in force during PL, except for the terms relating to pay. In particular:

• benefits in kind shall continue
• annual leave entitlement under your contract shall continue to accrue
• pension benefits shall continue

Annual Leave

During PL, annual leave will accrue at the rate provided under your contract.

If the holiday year is due to end during your absence on Paternity Leave, you should ensure that you have taken your full year's entitlement before your Paternity Leave starts.

Our holiday year runs from 1 April to 31 March.

1. General Statement

ILF Scotland value the health and well-being of our employees. We are a responsible employer and are aware of our duty of care regarding the mental health and welfare of our staff. For this reason, we will take all reasonable steps to ensure that staff are not placed under excessive stress by their work.

2. Legal Position

The Health and Safety at Work Act 1974 requires us to take reasonable steps to look after our employees’ mental health and welfare. This means that we need to ensure that staff do not have excessive demands placed on them by their job. As stress is also caused by bullying, harassment and violence, we are required by law to provide a working environment which is, as is reasonably practicable, free from these influences. However, we are legally entitled to assume that all staff can cope with the normal day-to-day pressures of their job. If this is not the case, staff have a duty to inform us.

3. Definition of Stress

The Health & Safety Executive has defined stress as follows: “The reaction people have to excessive pressures or other types of demands placed on them. It arises when they worry that they cannot cope.” In other words, stress occurs when the pressures on a person exceed their ability to deal with them.

4. Procedures

Should any member of staff feel that they are suffering from an unacceptable level of work-related stress, the following procedures should be implemented:

• At first instance, the employee should inform their line manager. He or she will treat the matter with sympathy and in confidence.
• If necessary, we will carry out a stress risk assessment. This will include a review of the employee’s actual duties against those described in their job description.
• The findings of the risk assessment will be discussed with the employee. If appropriate, changes will be made to the way they work and/or their role in order to reduce the levels of stress experienced.
• If appropriate, the employee will be referred to Occupational Health or a doctor of the company’s choice for a medical assessment. Alternatively, the employee may be offered counselling.

5. Non-Work Problems

Whilst we are not responsible for causes of stress outside the working environment, we recognise that it can impact on an employee’s attendance and work performance. Therefore, we would encourage employees to make us aware of any problems which are causing them concern or via the Employee Assistance Programme, outlined in our Staff Handbook.

6. Records

We will process your data in relation to this policy for legitimate business purposes. We will also retain records of any correspondence, reports, meetings and associated documentation in relation to this policy. Such records will be retained in accordance with our Retention Schedule.

Any information related to your health or other personal data will be treated with utmost confidence, in accordance with our obligations under applicable data protection legislation and our Data Protection Policy. However, we may need to share your data with third parties, such as medical professionals, where appropriate.

The law recognises and we respect that there will be occasions when you will need to take time off work to deal with unexpected events involving one of your dependants or someone close to you.

This Time Off for Dependants Policy gives all employees the right to take a reasonable amount of paid time off work to deal with certain situations affecting their dependants.

No-one who takes time off in accordance with this policy will be subjected to any detriment.

This policy does not apply to agency workers, consultants or self-employed contractors.

For the right to time off under this policy to arise, it must be necessary for you to take action in relation to a dependant. Whether action is necessary will depend on the nature of the problem, the closeness of the relationship between you, and whether someone else is available to assist. Action is unlikely to be considered necessary if you knew in advance that a problem might arise but didn't make alternative arrangements for a dependant's care.

Reasonable time off in relation to a particular problem will not normally be more than one or two days. However, we will always consider each set of circumstances on their facts.

Special Carers Leave

The statutory right to time off for dependants is to a reasonable amount of time off - normally a day or two but this will depend on individual circumstances.

Special Leave with pay is available to employees who have regular and substantial caring responsibilities for someone with a long-term illness, frailty or disability. (Statutory entitlement is to a reasonable amount of unpaid leave.) Special leave may be granted to allow staff to:

• organise homecare or help in the home
• organise special equipment or adaptations to the home
• deal with other agencies (for example GPs, social workers, health visitors)
• organise respite or short-term care
• accompany to medical appointments

Domestic Emergency or Crisis

The most common domestic emergencies for which special leave with pay may be granted on a short-term basis are:

• domestic crises such as the serious illness or death of a spouse, partner (including same sex partner), close relative or other dependant (note: special leave in such circumstances will be granted not only where the deceased or ill person is a close relative or dependant but may also be granted in other cases, for example where an established relationship existed or exists between the applicant and the other person involved)
• care of a child or children during short periods of illness
• unexpected disruption or breakdown of care arrangements for a dependant
• unexpected incident involving a dependant child during school hours
• short-term care at home of a partner (including same sex partner), close relative or other dependant
• damage or disruption to property

Exercising the Right to Time Off

You will only be entitled to time off under this policy if, as soon as is reasonably practicable, you tell your line manager:

• the reason for your absence
• how long you expect to be away from work

If you fail to notify us as required in this policy, you may be subject to disciplinary proceedings under our Disciplinary Procedure for taking unauthorised time off.

Where it is possible to do so in advance or when you return to work after taking time off under this policy, we might ask you to provide evidence for your reasons for taking the time off. Suspected abuse of this policy will be dealt with as a disciplinary issue under our Disciplinary Procedure.

ILF Scotland offer staff:

• up to 15 days or 111 hours (pro-rated) paid time off in any 12-month rolling period
• up to a further five days or 35 hours (pro-rated) unpaid time off in any 12-month rolling period
• For every one day’s Annual Leave taken to act as a special carer (see above) this will be matched by ILF Scotland up to a maximum of five extra days or 35 hours (pro-rated) paid leave in any 12-month rolling period. More may be agreed in exceptional cases.

Records

We will process your data in relation to this policy for legitimate business purposes. We will also retain records of any correspondence, reports, meetings, hearings and associated documentation in relation to this policy. Such records will be retained in accordance with our Retention Schedule.

1. Introduction

The Company has no fixed retirement age. We acknowledge that retirement is a matter of choice for individuals and will not pressurise employees into resigning, because they have reached or are approaching a certain age.

Employees are free to retire whenever they choose or to seek alternative roles or working patterns. For further information, see our Flexible Working Policy.

We are proud to employ people of all ages and consider that age diversity is beneficial to the organisation. We are committed to not discriminating against employees because of age and adhere to the principles set out in our Equal Opportunities Policy.

2. Policy Statement

This policy aims to create a framework for workplace discussions, enabling you to express your preferences and expectations with regards to retirement and enabling us to plan for our business.

This policy does not form part of your contract of employment and we may amend it from time to time as we consider appropriate.

3. Discussing your Future Plans

3.1 You or your manager may want to discuss your short, medium and long-term plans, as the need arises. For example, a promotion opportunity may arise, or, if your circumstances change, you may want a different working pattern or to stop work altogether. We need to plan for the business, and so may indicate to staff from time to time that it would be helpful to know what their plans are. There is no obligation for us or you to hold workplace discussions about your future plans, but it may be mutually beneficial to do so.

3.2 We will not make generalised assumptions that performance will decline with age, whether due to competence or health issues. If we think there are problems with your performance or ill-health, these will be dealt with in the usual way, through the company’s Disciplinary or Absence Policy.

3.3 If a workplace discussion takes place for the purposes described above, we will aim to make it as informal as possible. During any workplace discussion:

• we will not assume that you want to retire just because you are approaching a certain age, such as state pension age
• we will not make discriminatory comments, suggesting that you should move on due to age

3.4 If you indicate that you are thinking of retiring, you are free to change your mind at any time until you have actually given notice to terminate your employment. Your employment or promotion prospects will not be prejudiced, because you have expressed an interest in retiring or changing work patterns.

3.5 If you express an interest in moving to a more flexible working pattern or changing role, we will confirm that this is what you want before any action is taken which could affect your employment, such as a change to your role or responsibilities.

4. Retirement Procedure

4.1 Up to 13 Months Before Retirement

Ideally employees should contact their Line Manager and HR 13 months before they wish to retire to state their intent in regard to retirement. The HR department will then arrange an individual meeting with the member of staff and their line manager, as required, up to nine months before the proposed date of retirement in order that a plan for retirement may be drawn up.

4.1.1 To assist employees and management to plan for retirement a Retirement Planning Form has been developed. This form can be used, (regardless of whether the employee is a member of the Civil Service Pension Scheme (CSPS)), for employees to set out their request or plan and provide up to 13 months’ notice, without committing themselves to a particular course of action.

4.2 At Least Six Months Before Retirement

To benefit from the Working Hours Reduction / Phased Retirement arrangements in Section 5.0 of this Policy, an employee needs to provide at least six months’ notice of their intention to retire.

The Retirement Planning Form should be completed by the employee to record the date this request was made.

4.2.1 Employees who have previously retired utilising the phased retirement or previous additional leave options will not be entitled to take these options again.

4.3 Four to Six Months Before Retirement

Alpha Members

Four months prior to your planned retirement date, Finance will inform Civil Service Pension Scheme (CSPS) and request a retirement quote is sent to you. You should receive this quote approximately two months later along with forms for completion. Please find a link here for guidance: How to claim your pension.

Partnership Members

To obtain a quote please call the Partnership provider (currently Legal and General) or access your online Legal and General account.

4.3.1 To claim the CSPS the employee must retire from all public sector from which pension contributions are paid.

4.4 Three Months or Less Before Retirement

When an employee is definite that he / she is going to retire from work, (regardless of whether he / she is a member of the CSPS, he / she must inform his / her line manager in writing).

Notification must be in accordance with his / her notice period as set out in the contract of employment.

Please note that any employee eligible to retire can provide only his / her contractual notice, but if they are in the CSPS, their pension payments are unlikely to be processed on time for the start of their retirement.

4.5 Before Retirement

Every employee must ensure that his / her full leave entitlement is taken prior to their retirement date.

4.5.1 When an employee retires, his / her contract of employment will be terminated. If he / she wishes to return to ILF Scotland employment the employee will be required to apply for an advertised position.

4.5.2 An employee can withdraw his / her Retirement Planning Form or revise his / her retirement plan providing this is done prior to the contractual notice date. (Please see 4.4)

4.5.3 The letter required to confirm the retirement date (as per 4.4) is a legally binding document that will terminate the contract of employment and this can only be withdrawn with management agreement.

5. Working Hours Reduction / Phased Retirement

5.1 This part of the policy applies to employees with a confirmed retirement date who have given at least six months’ notice of their intention to retire.

In exceptional circumstances where the notice period is less than six months the phased retirement may be applied with mutual agreement between employer and employee.

To qualify for phased retirement, employees must have a minimum of two years of continuous service with ILF Scotland.

5.2 In order that an employee can adjust to the prospect of retirement, a gradual reduction in working hours may be introduced three months prior to retirement.

• third month before retiral – 80% of contracted hours
• second month before retiral – 60% of contracted hours
• last month before retiral – 40% of contracted hours

During this time employees will be paid as if at work. The specific starts and finish times and days of the week the employee is required to work are as per the needs of the service and must be agreed in advance with their line manager.

The pattern of reduced hours can only be permitted on the basis shown, that is, the paid time off cannot be aggregated over a longer or shorter period.

5.3 The Retirement Planning Form should be completed by the employee to request a phased retirement and to record the date this request was made. Line management must retain a copy of this form in the employee file and provide a copy to the payroll department.

As detailed in point 4.2.1, employees who have previously utilised a phased retirement will not be entitled to take this again. This means that any employee who returns to employment with ILF Scotland after taking phased retirement will not be entitled to this again at a later date.

As stated in point 4.5.2, an employee can withdraw his / her intention to retire providing this is done prior to the contractual notice date. Where this occurs and the employee has benefitted from part or all of a phased retirement, the individual will be required to repay any overpayment made.

6. Alternative Working Arrangements

ILF Scotland also operates a Flexible Working Policy. This allows any employee to request a change of working patterns.

7. Succession Planning

An employee who is shortly to retire will often have considerable knowledge in relation to his / her role and responsibilities. The line manager may require the employee’s assistance and cooperation for succession planning. Prior to retirement, employees should co-operate with management, if requested to do so, by:

• providing full written details of the status of work projects and future steps
• developing a job description, including key competencies and skills required for the role
• ensuring a smooth handover of work
• assisting in training any successor

8. Equality and Diversity

ILF Scotland is committed to equality and diversity in respect of the protected characteristics covered by the Equality Act 2010. These protected characteristics are age, disability (which includes mental health and people diagnosed as clinically obese), race, religion or belief, sex, sexual orientation, gender reassignment (people who are having or who have had a sex change, transvestites and transgender people), marriage and civil partnership, and pregnancy and maternity.

8.1 Equality

This is about creating a fairer society where everyone can participate and has the opportunity to fulfil their potential. It is mostly backed by legislation designed to address unfair discrimination based on membership of a particular group.

8.2 Diversity

This is about recognising and valuing difference in its broadest sense. It is about creating a culture and practices that recognise, respect, value and harness difference for the benefit of the patients, carers, members of the public and members of staff.

This policy has been equality and diversity impact assessed.

9. Records

We will process your data in relation to this policy for legitimate business purposes. We will also retain records of any correspondence, reports, meetings and associated documentation in relation to this policy. Such records will be retained in accordance with our Data Retention Schedule.

One of the things we care very strongly about is your right to privacy and we want you to be informed with regard to how we keep and utilise your information.

This notice explains:

• what constitutes personal data
• what our obligations are
• how we keep your information secure
• the type of personal data we process
• how we collect personal data
• the legal basis for processing your personal data
• whom we share your personal data with
• how long we keep your personal data
• transfers of your personal data out with the EEA
• how you can tell us about changes to your personal data

What is Personal Data?

Personal data is any information that could be used to identify you. This could be your name, address, email address, date of birth or even information about your needs or circumstances.

There are special categories of personal data, which may be described as particularly sensitive. This includes information about your sexual orientation, health, political leanings or views, religious beliefs and ethnic or racial origin. As a result of its sensitivity, it requires further protection and we require to have further justifications for collecting, storing and using it.

Our Obligations

As an employer, we will comply with data protection legislation.

This means that your personal data will be:

• collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes
• relevant to the purposes we have told you about and limited only to those purposes
• used lawfully, fairly and in a transparent way
• accurate and kept up to date
• kept only as long as necessary for the purposes we have told you about
• kept securely

How We Keep Your Personal Data Secure

The security of your information is very important to us and we have measures in place to prevent unauthorised access to it.

In order to protect your information, we have certain measures in place. These include the following:

• Where is the data held? In YouManage and HR Files on the G Drive
• Your personnel files are held on secure HR and payroll systems. Only those who are required to have access your information, have access
• Any HR and payroll paper files will be held in locked cabinets and there will be a clear desk policy enforced

Your data is held on our cloud-based HR system, YouManage. This data is physically held within the EEA with primary servers in Berkshire, England and back-up servers in Milton Keynes, England.

What Personal Data Do We Collect, Store and Use?

Your Information:

Please see below to link to the list of the personal information about you that we collect, use and store.

• name
• date of birth
• address
• marital status
• personal contact details for example phone and email
• mobile number
• ID / passport
• photographs - when general consent / permission has been given – saved by Communications Team
• Statutory Maternity, Adoption and Sickness details
• Parental Leave
• next of kin and emergency contact details
• bank account details
• salary
• payroll information, tax, NI
• National Insurance Number
• CV / application form
• pension information
• PVG / Disclosure Number
• HR Files
• earnings arrestments, Child Support and Student Loan
• gender - we collect and store information regarding your gender. This is to ensure that we are able to monitor and promote diversity within our workforce.
• staff appraisal

How Do We Collect the Above Information?

There are four main ways in which we collect your personal data:

1. directly from you (for example during recruitment)
2. they are created by us (for example in the course of job-related activities throughout the period of you working for us)
3. from a previous employer (for example references)
4. from a third party (for example recruitment agency following an application you may have made for an employment opportunity or child support agency, Student Loans Company)

If you fail to provide certain data when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).

Legal Bases for the Collection, Use and Storage of Your Personal Data

Save in very limited circumstances set out elsewhere in this notice, we will not share your personal data and we will only collect, use and store them where there are lawful reasons to do so. Most commonly, we will process your personal data in the following circumstances:

• where there is a legitimate interest to do so

In order to establish that our collection, storage or use of your personal information is in either our, your or both of our legitimate interests, we will have established the following:

• there is, in fact, a legitimate interest; whether it be commercial or individual
  • our use of your information is necessary to achieve that legitimate interest
  • our use is balanced against your rights, interests and freedoms
  • where it is necessary to implement the contractual arrangements between us

• this is a lawful basis for collecting, using and storing your personal information if:
  • it is required to implement or fulfil a contract between us, or
  • you have asked us to do something before entering into a contract (for example provide a quote)

• where we are legally required to do so:
  • we reserve the right to disclose any information you provide to us where required to do so by law, or to comply with a regulatory obligation, or to assist in any investigation into a complaint or welfare issues, or alleged illegal or criminal conduct

• where you have given us express consent

Your Information

The main reason for using your personal data is to fulfil the employer employee relationship that exists between us. We consider this to be in your legitimate interests as well as our own. Equally importantly, it also allows us to fulfil the contractual and legal obligations that we owe to you, as well as take care of your health and safety.

We will only use your personal data for the purposes for which we collected them, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

If you have any questions about this, please contact the Data Protection Officer.

Who Do You Share My Information With?

We may share your personal data with third parties, where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so. For example, we may share it in the following circumstances, which are not exhaustive.

• we will share your personal data with HMRC, Scottish Government and Security UK
• where required by law to do so, we will share your personal data with the Student Loans Company, Child Support Agency and any other governmental or public agency
• where requested, we will share very limited personal data with a future employer
• we will share your personal data when absolutely necessary for the conduct of our business (for example if we sell any part of our business or integrate it with another organisation, your personal data may be disclosed to our advisers and prospective purchaser or joint venture partners and their advisers; each of whom will be bound by the same terms of this privacy notice)
• we may share your personal data with certain third-party service providers. These include contractors and designated agents and other entities within our group. The following activities are carried out by third-party service providers: child care voucher provider, pension scheme provider, payroll provider, training provider, IT services and legal services.

All our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third party service providers to use your personal information for their own purposes. We only permit them to process your personal information for specified purposes and in accordance with our instructions.

We require third parties to respect the security of your data and to treat them in accordance with the law.

How Long Do We Retain Your Personal Data?

This will depend upon the personal information held. Generally, we keep personal data only for long as it is required and relevant. This is determined in accordance with our statutory obligations and good practice. If you would like further information, please contact the Data Protection Officer. You can also view our Data Retention Schedule.

Do You Transfer My Personal Data Outside the EEA?

Currently, we do not transfer information out with the EEA, although we may need to do so in future.

Changes In Personal Information

It is important that the personal data that we hold about you are accurate and current. Please keep us informed if your personal data change while you are with us. If your personal data do change, please contact HR and our records will be updated.

Questions

If you have any questions about this privacy notice, please send them to the Data Protection Officer.

Changes To This Privacy Notice

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal data.

This Flexible Working Policy gives eligible employees an opportunity to request a change to their working pattern.

ILF Scotland will deal with flexible working requests in a reasonable manner and within a reasonable time. In any event the time between making a request and notifying you of a final decision (including the outcome of any appeal) will be no more than two months unless we have agreed a longer period with you.

This policy does not form part of any employee's contract of employment and we may amend it at any time.

Eligibility

To be eligible to make a flexible working request, you must:

• be an employee
• not have made two flexible working requests during the last 12-months (even if you withdrew those requests)

What is a Flexible Working Request?

A flexible working request under this policy means a request to do any or all of the following:

• to reduce or vary your working hours
• to reduce or vary the days you work
• to work from a different location (for example, from home)

Making a Flexible Working Request

Your flexible working request should be submitted to ILF Scotland in writing and dated. It should:

• state that it is a flexible working request
• explain the change being requested and propose a start date
• state whether you have made any previous flexible working requests

Meeting

ILF Scotland will arrange a meeting at a convenient time and place to discuss your request. You may be accompanied at the meeting by a colleague of your choice. They will be entitled to speak and confer privately with you but may not answer questions on your behalf.

ILF Scotland may decide to grant your request in full without a meeting, in which case we will write to you with our decision.

Decision

ILF Scotland will inform you in writing of our decision after the meeting.

If your request is accepted, ILF Scotland will write to you with details of the new working arrangements and the date on which they will commence. You will be asked to sign and return a copy of the letter. Unless otherwise agreed, changes to your terms of employment will be permanent.

If your request cannot be immediately granted, ILF Scotland may require you to undertake a trial period before reaching a final decision on your request. However, ILF Scotland is not obliged to offer a trial period and we may refuse your request without one.

ILF Scotland may reject your request for one or more of the following business reasons:

• the burden of additional costs
• detrimental effect on ability to meet customer demand
• inability to reorganise work among existing staff
• inability to recruit additional staff
• detrimental impact on quality
• detrimental impact on performance
• insufficiency of work during the periods that you propose to work
• planned changes

If ILF Scotland is unable to agree to your request, we will write to tell you which of those reasons applies in your case.

Appeal

You may appeal in writing within 14 days of receiving the written decision. This includes a decision following a trial period.

Your appeal must be dated and must set out the grounds on which you are appealing.

ILF Scotland will hold a meeting with you to discuss your appeal. You may bring a colleague to the meeting.

ILF Scotland will tell you in writing of the final decision after the appeal meeting, including reasons. There is no further right of appeal.

Records

We will process your data in relation to this policy for legitimate business purposes. We will also retain records of any correspondence, reports, meetings and associated documentation in relation to this policy. Such records will be retained in accordance with our Data Retention Schedule.

The law entitles employees to be absent from work on Parental Leave in order to care for a natural or an adopted child or to make arrangements for the child’s welfare. This policy implements the relevant legislation. Parental Leave is additional to maternity leave, paternity leave, adoption leave and shared Parental Leave.

Entitlement to Parental Leave

In order to qualify for Parental Leave, you must have one year’s continuous employment with the Company by the time you want to take the leave.

Both mothers and fathers can take Parental Leave. You are entitled to take up to 18 weeks’ Parental Leave in order to care for a child after birth or adoption (or to make arrangements for the child’s welfare) if you meet one of the following eligibility conditions:

• you are the birth parent of, or you have acquired formal parental responsibility for a child who is under 18 years old
• you have adopted a child under the age of 18
• you have fostered a child under the age of 18

In the case of birth parents, you must be named on the child’s birth certificate.

All periods of Parental Leave are unpaid. There is no contractual or statutory entitlement to be paid for absences relating to Parental Leave.

When Parental Leave May Be Taken

Assuming you are eligible, you can choose to take Parental Leave at any time.

However, you cannot exercise any entitlement to Parental Leave in respect of a child after the date of the child’s 18th birthday.

Taking Time Off for Parental Leave

Parental Leave is for each child, so in the case of twins, 18 weeks’ leave is provided for each child.

Parental Leave must be taken in blocks of a week or multiples thereof, unless the child is disabled.

A maximum of four weeks’ Parental Leave can be taken in respect of any child during any one year, beginning on the date on which you first became entitled to take Parental Leave in respect of the child in question (or, if your entitlement has been interrupted at the end of a period of continuous employment, the date on which you most recently became so entitled) and each successive period of 12 months beginning on the anniversary of that date.

Each parent is entitled to Parental Leave.

Procedure for Notifying a Parental Leave Request

You are required to give at least 21 days’ written notice to your line manager of your proposed Parental Leave dates. If leave is to be taken immediately after birth or adoption, 21 days’ written notice of the expected week of childbirth or the expected week of placement for adoption should be given. You must specify the dates on which your period of Parental Leave is to start and finish. If it is not reasonably practicable for you to comply with the 21 days’ notice requirement, you should give notice as soon as reasonably practicable. A Parental Leave form can be obtained from HR.

If you give notice that you wish your leave to start on the date of birth or adoption and that date is sooner or later than expected, your leave will begin on the actual date of birth or adoption.

At the time of requesting Parental Leave, you should:

• provide the name of the child in respect of whom you wish to take leave, stating their date of birth and your relationship to them
• produce an appropriate birth or adoption certificate or such other documentation as the Company may reasonably request
• specify Parental Leave as the reason for proposed absence
• declare any periods of Parental Leave you have taken with a previous employer

Periods of Parental Leave with Previous Employers

The period of 18 weeks’ leave is the maximum you can take and periods of leave taken with a previous employer will be taken into account when calculating this period. Independent Living Fund Scotland (ILF Scotland) will expect you to declare periods of leave with a previous employer at the time of making a Parental Leave request. ILF Scotland may also check with your previous employer how much Parental Leave you have taken at your previous employment.

Postponement of Parental Leave

ILF Scotland reserves the right to postpone a period of Parental Leave for up to six months where it considers that the operation of its business would be unduly disrupted if the leave were to be taken at the time requested. For example, leave may be postponed during particularly busy periods, seasonal peaks or where a significant proportion of ILF Scotland’s staff has already applied to be off from work at the same time.

ILF Scotland will confirm any postponement arrangements after receipt of your request to take Parental Leave. This letter will state the reason for postponement and set out the proposed new dates of Parental Leave. ILF Scotland will attempt to agree with you a suitable alternative date when Parental Leave can commence.

ILF Scotland will not, however, postpone leave where you have given notice to take it immediately after the time the child is born or is placed with you for adoption.

Rights During Parental Leave

During Parental Leave your contract of employment continues. You are entitled to all of your statutory employment benefits, but some contractual benefits can be suspended by ILF Scotland, including pay. your seniority, pension rights and rights to any other service-related benefits are unaffected by Parental Leave.

Right to Return to Work After Parental Leave

At the end of Parental Leave, you will be entitled to return to the same job on the same terms and conditions as if you had not been absent, provided always that your period of Parental Leave was for a period of four weeks or less and your total consecutive statutory leave taken in relation to the child (including any time on Maternity, Paternity, Adoption or Shared Parental Leave, but excluding your Parental Leave) amounts to no more than 26 weeks.

Where you have taken more than 26 weeks’ consecutive statutory leave in total (including any time on Maternity, Paternity, Adoption or Shared Parental Leave, but excluding your Parental Leave) or your Parental Leave period is more than four weeks, again you will be entitled to return to the same job on the same terms and conditions as if you had not been absent. If, however, there is some reason why it is not reasonably practicable for ILF Scotland to take you back in your original job, you will be offered suitable alternative work of equivalent status and responsibility and on terms and conditions that are no less favourable than would have applied if you had not been absent.

Claiming Parental Leave Dishonestly

ILF Scotland will keep records of Parental Leave taken. If you act dishonestly in claiming an entitlement to Parental Leave, this is a serious disciplinary offence and will be dealt with under ILF Scotland’s Disciplinary Procedure. This includes attempting to claim leave for a child who is too old, claiming leave for purposes other than caring for a child or misleading ILF Scotland about Parental Leave taken with a previous employer. Depending on the seriousness of the offence, it may amount to gross misconduct and could result in your summary dismissal.

Records

We will process your data in relation to this policy for legitimate business purposes. We will also retain records of any correspondence, reports, meetings, hearings and associated documentation in relation to this policy. Such records will be retained in accordance with our Data Retention Schedule.

We may also share your data with third parties, such as previous employers, where necessary.

Policy Statement

This policy outlines the statutory rights and responsibilities of employees who are pregnant or have recently given birth and sets out the arrangements for ante-natal care, pregnancy-related sickness, health and safety, and Maternity Leave. It does not apply to agency workers or the self-employed.

This policy does not form part of any employee's contract of employment and we may amend it at any time.

Definitions

The definitions in this paragraph apply in this policy.

Expected Week of Childbirth:

The week, starting on a Sunday, in which your doctor or midwife expects you to give birth.

Qualifying Week:

The fifteenth week before the expected week of childbirth.

Personnel Responsible for Implementing the Policy

Our Chief Executive has overall responsibility for the effective operation of this policy and for ensuring compliance with the relevant statutory framework. The Chief Executive has delegated day-to-day responsibility for operating the policy and ensuring its maintenance and review to the Chief Operating Officer (COO).

Managers have a specific responsibility to ensure the fair application of this policy and all members of staff are responsible for supporting colleagues and ensuring its success.

Notification

You must inform us as soon as possible that you are pregnant. This is important as there may be health and safety considerations.

Before the end of the qualifying week, or as soon as reasonably practical afterwards, you must tell us:

• that you are pregnant
• the expected week of childbirth
• the date on which you would like to start your Maternity Leave (intended start date)

You must provide a certificate from a doctor or midwife (usually on a MAT B1 Form) confirming your expected week of childbirth.

Time Off for Ante-Natal Care

If you are pregnant, you may take reasonable paid time off during working hours for ante-natal care. You should try to give us as much notice as possible of the appointment.

We may ask you to provide the following, unless it is the first appointment:

• a certificate from the doctor, midwife or health visitor stating that you are pregnant
• an appointment card

Sickness

Periods of pregnancy-related sickness absence shall be paid in accordance with our Sickness Absence Policy in the same manner as any other sickness absence. Any payment of sick pay in excess of this as a result of pregnancy-related sickness shall be entirely at our discretion.

Periods of pregnancy-related sickness absence from the start of your pregnancy until the end of your Maternity Leave will be recorded separately from other sickness records and will be disregarded in any future employment-related decisions.

If you are absent for a pregnancy-related reason during the four weeks before your expected week of childbirth, your Maternity Leave will usually start automatically.

Health and Safety

We have a general duty to take care of the health and safety of all employees. We are also required to carry out a risk assessment to assess the workplace risks to women who are pregnant, have given birth within the last six months or are still breastfeeding.

We will provide you with information as to any risks identified in the risk assessment, and any preventive and protective measures that have been or will be taken. If we consider that, as a new or expectant mother, you would be exposed to health hazards in carrying out your normal work we will take such steps as are necessary (for as long as they are necessary) to avoid those risks. This may involve:

• changing your working conditions or hours of work
• offering you suitable alternative work on terms and conditions that are the same or not substantially less favourable
• suspending you from duties, which will be on full pay, unless you have unreasonably refused suitable alternative work

Entitlement to Maternity Leave

All employees are entitled to up to 52 weeks' Maternity Leave, which is divided into:

• Ordinary Maternity Leave of 26 weeks (OML)
• Additional Maternity Leave of a further 26 weeks immediately following OML (AML)

Starting Maternity Leave

The earliest date you can start Maternity Leave is 11 weeks before the expected week of childbirth (unless your child is born prematurely before that date).

You must notify us of your intended start date in accordance with the notification paragraph at the start of this policy. We will then write to you within 28 days to inform you of the date we will expect you to return to work if you take your full entitlement to Maternity Leave (expected return date).

You can postpone your intended start date by informing us in writing at least 28 days before the original intended start date, or if that is not possible, as soon as reasonably practicable.

You can bring forward the intended start date by informing us at least 28 days before the new start date, or if that is not possible, as soon as reasonably practicable.

Maternity Leave shall start on the earlier of:

• your intended start date (if notified to us in accordance with this policy)
• the day after any day on which you are absent for a pregnancy-related reason during the four weeks before the expected week of childbirth
• the day after you give birth

If you are absent for a pregnancy-related reason during the four weeks before the expected week of childbirth, you must let us know as soon as possible in writing. Maternity Leave will be triggered unless we agree to delay it.

If you give birth before your Maternity Leave was due to start, you must let us know the date of the birth in writing as soon as possible.

The law prohibits you from working during the two weeks following childbirth.

Shortly before your Maternity Leave starts we will discuss with you the arrangements for covering your work and the opportunities for you to remain in contact, should you wish to do so, during your leave. Unless you request otherwise, you will remain on circulation lists for internal news, job vacancies, training and work-related social events.

Company Maternity Pay (CMP)

We offer an enhanced system of maternity pay, well above the statutory level. Providing that you meet the eligibility criteria set out in previous sections, are eligible for Statutory Maternity Pay (SMP) (see below) and you adhere to the requirements of the policy, the rate of pay will be as follows:

• 26 weeks’ full pay followed by
• 26 weeks’ half pay

CMP is inclusive of any entitlement to SMP.

Statutory Maternity Pay

SMP is payable up to 39 weeks. SMP will stop being payable if you return to work (except where you are simply keeping in touch in accordance with the terms of the keeping in touch paragraph of this policy).

You are entitled to SMP if:

• you have been continuously employed for at least 26 weeks at the end of the qualifying week and are still employed by us during that week
• your average weekly earnings during the eight weeks ending with the qualifying week (the relevant period) are not less than the lower earnings limit set by the Government
• you provide us with a doctor's or midwife's certificate (MAT B1 Form) stating your expected week of childbirth
• you give at least 28 days' notice (or, if that is not possible, as much notice as you can) of your intention to take Maternity Leave
• you are still pregnant 11 weeks before the start of the expected week of childbirth or have already given birth

SMP is calculated as follows:

• first six weeks: SMP is paid at the Earnings-Related Rate of 90% of your average weekly earnings calculated over the relevant period.
• remaining 33 weeks: SMP is paid at the Prescribed Rate which is set by the Government for the relevant tax year, or the Earnings-Related Rate if this is lower

SMP accrues from the day on which you commence your OML and thereafter at the end of each complete week of absence. SMP payments shall be made on the next normal payroll date and income tax, National Insurance and pension contributions shall be deducted as appropriate.

You shall still be eligible for SMP if you leave employment for any reason after the start of the qualifying week (for example, if you resign or are made redundant). In such cases, if your Maternity Leave has not already begun, SMP shall start to accrue in whichever is the later of:

• the week following the week in which employment ends
• the eleventh week before the expected week of childbirth

If you become eligible for a pay rise before the end of your Maternity Leave, you will be treated, for SMP purposes, as if the pay rise had applied throughout the relevant period. This means that your SMP will be recalculated and increased retrospectively, or that you may qualify for SMP if you did not previously qualify.

We shall pay you a lump sum to make up the difference between any SMP already paid and the amount payable by virtue of the pay rise. Any future SMP payments at the Earnings-Related Rate (if any) will also be increased as necessary.

You are entitled to request income smoothing during your OML and AML. This would involve your total entitlement to maternity pay (including both CMP and SMP) being paid over up to 12 equal instalments, depending on the planned duration of your Maternity Leave. For example, if you took 11 months of Maternity Leave, your Maternity Pay would be spread over 11 instalments. The detail of any smoothing arrangement would be confirmed to you in writing.

Should you take more or less Maternity Leave than originally requested, your pay on return to work would be adjusted, which may include us making a deduction from your pay, to ensure that any overpayment or underpayment was corrected.

Terms and Conditions During OML and AML

All the terms and conditions of your employment remain in force during OML and AML, except for the terms relating to pay. In particular:

• benefits in kind shall continue
• annual leave entitlement under your contract shall continue to accrue
• pension benefits shall continue

Annual Leave

During OML and AML, annual leave will accrue at the rate provided under your contract.

You should where possible ensure that you have taken the full year's entitlement before starting your Maternity Leave. If leave is carried forward, it should be taken before you return to work.

Our holiday year runs from 1 April to 31 March.

Pensions

During any paid OML or AML, we shall continue to make any employer contributions that we usually make into a defined benefit pension scheme, based on what your earnings would have been if you had not been on Maternity Leave provided that you continue to make contributions based on the Maternity Pay you are receiving.

If you wish to increase your contributions to make up any shortfall from those based on your normal salary, then please contact the Manager or the Pensions Administrator directly.

During any unpaid AML we shall not make any payments into a money purchase scheme and the time shall not count as pensionable service under the final salary scheme. You do not have to make any contributions, but you may do so if you wish, or you may make up for missed contributions at a later date.

Redundancies During Maternity Leave

Employees on Maternity Leave shall be given first refusal on any suitable alternative vacancies that are appropriate to their skills.

Keeping in Touch

We may make reasonable contact with you from time to time during your Maternity Leave.

You may work (including attending training) for up to ten days during Maternity Leave without bringing your Maternity Leave or SMP to an end. The arrangements, including pay, would be set by agreement with the Chief Operating Officer. You are not obliged to undertake any such work during Maternity Leave. In any case, you must not work in the two weeks following birth.

Shortly before you are due to return to work, we may invite you to have a discussion (whether in person or by telephone) about the arrangements for your return. This may cover:

• updating you on any changes that have occurred during your absence
• any training needs you might have
• any changes to working arrangements for example if you have made a request to work part-time under our Flexible Working Policy

Expected Return Date

Once you have notified us in writing of your intended start date, we shall send you a letter within 28 days to inform you of your expected return date. If your start date has been changed (either because you gave us notice to change it, or because Maternity Leave started early due to illness or premature childbirth) we shall write to you within 28 days of the start of Maternity Leave with a revised expected return date.

We will expect you back at work on your expected return date unless you tell us otherwise. It will help us if, during your Maternity Leave, you are able to confirm that you will be returning to work as expected.

Returning Early

If you wish to return to work earlier than the expected return date, you must give us eight weeks' prior notice. It is helpful if you give this notice in writing.

If not enough notice is given, we may postpone your return date until eight weeks after you gave notice, or to the expected return date if sooner.

Returning Late

If you wish to return later than the expected return date (following any Phased Return request), you should either:

• request unpaid parental leave in accordance with our Parental Leave Policy, giving us as much notice as possible but not less than 21 days
• request paid annual leave in accordance with your contract, which will be at our discretion

If you are unable to return to work due to sickness or injury, this will be treated as sickness absence and our Sickness Absence Policy will apply.

In any other case, late return will be treated as unauthorised absence.

Deciding Not to Return

If you do not intend to return to work, or are unsure, it is helpful if you discuss this with us as early as possible. If you decide not to return you should give notice of resignation in accordance with your contract. The amount of Maternity Leave left to run when you give notice must be at least equal to your contractual notice period, otherwise we may require you to return to work for the remainder of the notice period.

Once you have given notice that you will not be returning to work, you cannot change your mind without our agreement.

This does not affect your right to receive SMP. However, should you decide not to return to work, you will not be required to re-pay any amount in excess of SMP which has been paid to you.

Your Rights When You Return

You are normally entitled to return to work in the same position as you held before commencing leave. Your terms of employment shall be the same as they would have been had you not been absent.

However, if you have taken any period of AML or more than four weeks' parental leave, and it is not reasonably practicable for us to allow you to return into the same position, we may give you another suitable and appropriate job on terms and conditions that are not less favourable.

Returning to Work Part-Time

We will deal with any requests by employees to change their working patterns (such as working part-time) after Maternity Leave on a case-by-case basis. There is no absolute right to insist on working part-time, but you do have a statutory right to request flexible working and we will try to accommodate your wishes unless there is a justifiable reason for refusal, bearing in mind the needs of our business. It is helpful if requests are made as early as possible.

The procedure for dealing with such requests is set out in our Flexible Working Policy.

Phased Return

You will be entitled to request a phased return following your expected return date, which may be phased over up to six weeks, as agreed with your line manager. You will be entitled to full pay during this phased return. An example phased return is outlined below, but a different arrangement may be agreed with you.

Week 1 – 0.2 of your working hours

Week 2 – 0.3 of your working hours

Week 3 – 0.5 of your working hours

Week 4 – 0.7 of your working hours

Week 5 – 0.8 of your working hours

Week 6 – return to your normal hours

There is no obligation to take a phased return. If you wish to request one, you must do so in writing at least eight weeks before your expected return date, to allow us time to plan accordingly. In your request, you should state whether you have a preference for a particular duration and / or pattern of phased return, such as the pattern outlined above.

In certain circumstances it may not be possible to grant your specific request, but in those circumstances, we will agree an alternative with you.

Pre-Term Babies

Should your baby be born early, at any time before 37 weeks gestational age, you may request a period of unpaid leave to be taken immediately on the expiry of your SPL. The maximum period of such leave will be the equivalent of the period from the date of birth to the end of the expected week of childbirth.

Records

We will process your data in relation to this policy for legitimate business purposes. We will also retain records of any correspondence, reports, meetings and associated documentation in relation to this policy. Such records will be retained in accordance with our Data Retention Schedule. Any information related to your health will be treated with utmost confidence, in accordance with our obligations under applicable data protection legislation and our Data Protection Policy. We may have to share your data with third parties, such as medical professionals, where necessary.

1. Support Statement

This statement does not form part of any employee's contract of employment, and it may be amended at any time.

2. Data Sharing

We will process your data in relation to this statement for legitimate business purposes. We will also retain records of any correspondence, reports, meetings and associated documentation in relation to this statement. Such records will be retained in accordance with our Data Retention Schedule.

Any information related to your health will be treated with the utmost confidence, in accordance with our obligations under applicable data protection legislation and our Data Protection Support. We may have to share your data with third parties, such as medical professionals, where necessary.

3. Background

ILF Scotland is committed to ensuring that all individuals are treated fairly and with dignity and respect in their working environment.

ILF Scotland is also committed to improving the wellbeing of its people. Following the Equality Act 2010, ILF Scotland will strive to make the workplace free from any form of discrimination.

In this regard, ILF Scotland will enable colleagues who are experiencing problematic periods or menopausal symptoms to get the support they need in order to manage their symptoms at work.

It is important that ILF Scotland understands the difficulties and anxieties of staff that may currently be going through this and that we manage this issue by raising awareness for all managers and colleagues.

4. Aim and Objective

The aim of this support and the manager’s guidance is to ensure managers have an awareness of menopause, endometriosis, and menstrual health-related issues and how they can affect our staff.

The aim is to create an environment where all colleagues feel able to be honest, raise issues about their symptoms and ask for adjustments at work.

We will take a pro-active stance by promoting a greater understanding of menopause, endometriosis and menstrual health and seek to remove any exclusionary or discriminatory practice.

The support and guidance will provide direction and clarity on how we may deal with these issues, either for individuals experiencing this life condition or those who are perhaps affected indirectly, for example, line managers, partners, and colleagues.

5. Key Principles

Appropriate information and support to be made available to staff with regards to the menopause, endometriosis, and menstrual health.

Work conditions will be reviewed to take account of the difficulties that colleagues may experience during the menopause, or when living with endometriosis or problematic menstrual health.

Reasonable adjustments will be considered where necessary.

Raise awareness to ensure that all staff feel supported and comfortable when discussing these topics in the workplace.

As required, risk assessments can be used to support staff during the menopause, endometriosis, and menstrual health

Definitions

6. Menopause

The menopause is part of the ageing process for women when their natural oestrogen levels fall and when periods have ceased for twelve consecutive months. Some women experience a medical or surgical menopause which can occur suddenly when the ovaries are damaged or removed by specific treatments such as chemotherapy, radiotherapy or surgical hysterectomy.

Menopause that naturally occurs before the age of 40 is known as premature menopause and before the age of 45, early menopause. It is important to note that the menopause has many phases. Around 1 in 100 women experience the menopause before 40 years of age. This is known as premature menopause or premature ovarian insufficiency.

Perimenopause or menopause transition can begin several years before the menopause and is the phase where the ovaries stop producing eggs and periods can be altered or absent due to a reduction in the hormone, oestrogen. During this phase, many may experience symptoms the same as those that occur during the menopause.

The next phase is the menopause when periods stop altogether. This can begin between the ages of 45 and 55. In the UK, the average age for a woman to reach the menopause is 51. Some people will experience it at a younger age as outlined above and some symptoms may be experienced over varying lengths of time.

The phase after the menopause has ended is known as post-menopause. Symptoms are likely to continue, on average, for four years from the person’s last period but may continue for a number of years beyond that. There is potentially an increased risk of certain conditions such as heart disease and osteoporosis during post-menopause because of lower levels of certain hormones. These risks are higher for those who have had an early or premature menopause.

6.1 Symptoms

For many people, the menopause can result in physical, psychological, and emotional symptoms, which may include:

• hot flushes
• palpitations
• headaches
• night sweats
• difficulty sleeping
• skin irritation
• vaginal dryness
• low mood or anxiety
• depression
• reduced sex drive (libido)
• problems with memory and concentration
• fatigue and tiredness
• mood swings

The above list is not exhaustive, and it is important to note that not everyone will experience symptoms during this time. For those that do, the type, amount and severity of symptoms can vary, ranging from mild to severe. Employees may wish to seek advice from their GP if their symptoms are having an impact on their daily lives. Some people may experience an impact on their cognitive functions for example, being unable to remember things; loss of confidence; inability to readily find the right word to express thoughts; having thoughts completely disappear mid-sentence. It may become temporarily more difficult for them to carry out certain tasks and that performance is affected. These are symptoms that people might not associate with the menopause.

6.2 Menopause Symptoms in Other Circumstances

There are other circumstances in which symptoms may be experienced:

Whilst menopause is usually a process involving gradual change, it can sometimes be sudden and acute following serious illness, medication, or surgery. People experiencing sudden menopause tend to experience more severe symptoms and may require treatment and / or post-operative care to manage further problems.

Younger women undergoing treatment for conditions such as the following may experience menopausal symptoms whilst receiving treatment:

• Endometriosis (estimated to affect around 1 in 10 women of reproductive age)
• Polycystic Ovary Syndrome (PCOS) (estimated to affect 1 in 5 women)
• infertility (affecting around 1 in 7 couples)
• Diabetes (affecting 4.05 million people in the UK)
• surgical and medical treatments as part of an individual’s gender transition can result in menopause symptoms

6.3 How Does the Menopause Impact on Women at Work?

The effects on a woman’s physical, psychological, and emotional health can significantly impact on her ability to carry out her work along with her relationships with colleagues.

ILF Scotland recognises its responsibility to take into account any difficulties women may experience during the menopause and aims to provide support and advice in this regard.

If you are at all apprehensive about discussing any menopausal issue with your line manager- we encourage you to speak with HR in the first instance for guidance and support.

7. Endometriosis

Endometriosis is a condition where cells similar to the ones in the lining of the womb are found elsewhere in the body. These cells react to the menstrual cycle each month and also bleed. However, there is no way for this blood to leave the body. This can cause inflammation, pain and the formation of scar tissue.

Endometriosis can affect you from puberty to menopause, although the impact may be felt for life.

It's a long-term condition that can have a significant impact on a person’s life, but there are treatments that can help to make symptoms more manageable.

7.1 Symptoms

The most common symptoms are:

• pain in a person’s lower tummy, pelvis or lower back
• painful periods that stop a person from doing their normal activities
• discomfort when going to the toilet
• pain during and after intercourse
• difficulty getting pregnant

Symptoms may be associated with a person’s period or a certain point in the menstrual cycle rather than being continual. The person may also experience heavy periods.

For some, endometriosis can have a big impact on their life and may sometimes lead to feelings of depression.

8. Menstrual Health

Menstruation (also known as a period and many other colloquial terms) is the discharge of blood and mucosal tissue from the inner lining of the uterus through the vagina. The menstrual cycle is characterised by the rise and fall of hormones. Menstruation is triggered by falling progesterone levels and is a sign that pregnancy has not occurred.

Periods usually begin at around the age of 12, although some girls will start them earlier or later. Menstruation will continue until a woman reaches menopause.

8.1 Symptoms

Pre-Menstrual Syndrome (PMS) is the name given to symptoms experienced in the weeks before a period. Symptoms of periods can include:

• abdominal or pelvic cramping
• lower back pain
• bloating and sore breasts
• food cravings
• mood swings and irritability
• headache and fatigue

ILF Scotland acknowledges the personal nature of bereavement and grief and is committed to supporting employees in practical and reasonable ways.

Paid Leave

Bereavement Leave is paid leave that allows an employee time off to deal with their personal distress and related practical arrangements, primarily, but not limited to, when a member of their family dies.

ILF Scotland acknowledges that bereavement impacts all individuals differently and the guidelines below are intended to show the minimum paid leave an employee is entitled to in different circumstances.

ILF Scotland acknowledges that not all employees will need to take the full allowance, and some employees will need additional time, depending on their relationship with the person who has died and the circumstances of the death.

Entitlement to paid Bereavement Leave is a day one right to all employees regardless as to their length of service. It is not available to self-employed staff and workers.

Employees will be entitled to Bereavement Leave upon the death of a loved one or relative which includes spouse or civil partner, partner (including someone with whom the employee cohabits but is not their spouse or civil partner), parent (including stepparent), adult child, sibling (including stepsibling), grandparent, grandchild and also in the event of miscarriage.

What is it?

Bereaved employees will have the right to take up to 20 working days’ (pro-rated) paid time off during the year following the death of the immediate loved one or relative. The weeks can be taken in two blocks of two weeks taken at different times or in a single block of four weeks. ILF Scotland will not refuse, postpone or amend the dates chosen by the employee but the leave must be taken within 56 weeks starting with the day of the death of the loved one or relative. The leave can start on any day of the week.

If the employee loses more than one loved one or relative, they are entitled to a period of Bereavement Leave for each loved one or relative lost.

In the event of the death of an immediate relative, 20 working days’ (pro-rated) paid leave will be granted. An immediate relative includes a spouse, civil partner or partner* (including same sex partners), parent, stepparent, sibling or a person with whom the employee is in a relationship of domestic dependency.

*Partner includes someone with whom the employee is co-habiting but is not the employee’s spouse or civil partner.

Three days’ leave will be allowed on the death of a mother-in-law, father-in-law, son-in-law or daughter-in-law.

Two days of leave will be allowed on the death of an uncle, aunt or other extended family member to facilitate attendance at the funeral.

In exceptional circumstances, one to five days’ leave may be granted on the death of someone outside the immediate family. These circumstances would include (but are not limited to) situations where the employee is responsible for funeral arrangements or has to travel abroad to attend the funeral.

An employee should notify their Line Manager of their need to take leave as soon as possible or, at latest, on the first day of absence. Line Managers’ have the right to exercise discretion in exceptional circumstances as outlined above. You should keep your Line Manager informed of your intentions at all times.

Parental Bereavement Leave: Loss of a Child (Jack’s Law)

Employed parents who have lost a child under 18 are entitled to take Parental Bereavement Leave. This law does not apply to workers or those who are self-employed.

It is a day one right at ILF Scotland, available to all employed parents and their partner, no matter how long they have been working for ILF Scotland.

This is also applicable to parents (and their partner) who suffer a stillbirth after the 24^th week of pregnancy. Rights to take Maternity Leave and pay will not be affected by taking Parental Bereavement Leave.

You will be eligible to take Parental Bereavement Leave if you or your partner:

• are the child’s parent or foster parent
• have had the child placed with you for adoption (whether by a UK adoption agency or from overseas)
• are their intended parent under a surrogacy arrangement
• are the natural parent of a child who has since been adopted by someone else, and there is a court order allowing you or your partner to have contact with the child
• look after the child in your own home, other than as a paid carer, and have done so for at least four weeks (known as a parent "in fact")

What is it?

Each parent will have the right to take up to 20 working days (pro-rated) paid time off during the year following the death of their child. The weeks can be taken in two blocks of 10 working days taken at different times or in a single block of 20 working days.

ILF Scotland will not refuse, postpone or amend the dates chosen by the employee but the leave must be taken within 56 weeks starting with the day of the death of the child. The leave can start on any day of the week.

If the employee loses more than one child, they are entitled to a period of Bereavement Leave for each child.

Will it be paid?

All parent employees will be entitled to paid leave.

What Notice Should You Give?

During the first seven weeks, you need only inform ILF Scotland before you start work on your first day of absence, or if this isn’t possible, as soon as you can. From weeks eight to 56, you will need to give at least a week’s notice. The leave can be cancelled or rearranged with the same degree of notice.

Annual Leave

In the event of a bereavement or parental bereavement, an employee may be able to take Unpaid Leave or Annual Leave at short notice to supplement their Bereavement Leave, subject to the needs of the organisation. Requests should be directed to the employee’s Line Manager. An employee who suffers a family bereavement while on Annual Leave can convert their Annual Leave into Bereavement Leave and take their Annual Leave at a future date, although we may ask for evidence of the bereavement in those circumstances.

Unpaid Leave

Unpaid Leave on compassionate grounds up to a maximum of 10 days may be granted after bereavement or parental bereavement, subject to the needs of the organisation. An employee must consult with their Line Manager before starting Unpaid Leave.

Return to Work

In certain circumstances a full return to work may not be possible for an employee following the death of an immediate relative – for example, when the employee’s grief is likely to impact on their ability to perform their role, or where new childcare arrangements have to be sourced or responsibility for the care of an elderly parent has transferred to the employee.

In such instances ILF Scotland may allow a phased return to work on a part-time or reduced hours’ basis where practicable. Alternative duties may also be considered. Any such arrangement would need to be agreed in advance by the Line Manager, would be subject to an agreed maximum number of days and would be managed in line with ILF Scotland’s Flexible Working Policy.

Employee Support

ILF Scotland acknowledges that Bereavement and Parental Bereavement Leave is intended to support employees in the immediate period around the death of a relative. However, the process of grief, the natural reaction and adjustment to loss and change may take a significant time and will be personal to each individual.

An employee with any concerns about the grieving process impacting on their work performance should discuss this in confidence with either their Line Manager or the HR team. This is to ensure that any reasonable adjustments that may be necessary are discussed and put in place and that the employee is supported in their return to the full range of duties and responsibilities that they had prior to the bereavement or their duties and responsibilities are adjusted (as necessary) with the prior agreement of their Line Manager.

ILF Scotland recognises that the majority of people do not require counselling to cope effectively with their grief. However, for employees wishing to avail themselves of professional help in coming to terms with a significant loss, the organisation will cover the cost of counselling sessions with an independent counselling practice accessed directly through the employee assistance programme.

Health and Safety

Bereavement can have an impact on concentration, sleep, and decision-making. The health and safety assessment of the workplace will include consideration of the impact of bereavement on employees, their duties and responsibilities, and the context in which they are working.

Any employee who is concerned about their ability to conduct their duties safely in the weeks following a bereavement must discuss this with their Line Manager.

ILF Scotland reserves the right to request an employee to attend an occupational health appointment before resuming full duties.

Culture and Diversity

ILF Scotland recognises that different cultures respond to death in significantly different ways.

Line Managers will check whether the employee’s religion or culture requires them to observe any particular practices or make special arrangements which would necessitate them being off work at a particular time. Employees should not assume that their Line Manager is aware of any such requirements and should draw this to their Line Manager’s attention as soon as possible.

Line Managers who are unsure of how to respond to a bereaved employee from a different culture should ask the bereaved employee or someone else from their cultural group about what is appropriate.