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Dates Issued: 22 October 2003 Topic: Terms and Conditions

Implementation: 6 April 2003

Impact: Revision of the agreements as set out in Annex A of Police Circular 1/2002

Contact(s) for more information: George Vine (Tel: 0131 244 2155)
Martin McDermott (Tel: 0131 244 2160)
(at the above address)

Dear Colleague

Purpose of the circular: To convey Scottish Ministers' endorsement of the agreement reached in the Police Negotiating Board on 16 April 2003 on the subject of maternity leave and additional maternity leave, adoption leave, maternity support leave and adoption support leave.

Summary of contents:

This Circular authorises implementation of the agreement reached in the Police Negotiating Board on maternity leave and additional maternity leave, adoption leave, maternity support leave and adoption support leave from 6 April 2003 which was the subject of PNB Circular 03/1 (copy Attached). Police Regulations will be amended as appropriate in due course.

A copy of this circular is enclosed for the Director of Finance in the police authority. Copies have also been sent to the Convention of Scottish Local Authorities, the police associations and the Accounts Commission.

George Vine
Police Division 1

PNB CIRCULAR 03/1

POLICE NEGOTIATING BOARD

Independent Secretary

Michael Penny

Office of Manpower Economics

Oxford House

76 Oxford Street

London W1D 1BS

AGREEMENT REACHED IN THE POLICE NEGOTIATING BOARD

1. The PNB has agreed new provisions for maternity leave, adoption leave, maternity support leave and adoption support leave. This agreement will involve revisions to the agreement outlined in PNB circular 01/22. Details are set out in the attached memorandum.

2. This agreement requires amendment to police regulations and determinations or specific authorisation by home department circular and any approved changes will be promulgated in due course in Home Office, Scottish Executive Justice Department and Northern Ireland Office circulars. This PNB circular is purely advisory and does not confer authority* to implement the agreement.

3. Any inquiries should be addressed to the Independent Secretariat at the Office of Manpower Economics ( 020 7467 7218 or to the Official Side Secretary ( 020 7296 6722 or to the Staff Side Secretary ( 020 8399 2224. Enquiries to the Independent Secretariat relating to the interpretation of this circular should, where possible, be sent in writing.

8 May 2003

* PNB Circulars form a single numerical series. Those which in themselves provide authority to implement an agreement carry the serial number alone, while those which are purely advisory are designated as such after the serial number.

MEMORANDUM

The following agreement reached in the Police Negotiating Board is submitted for the approval of the Secretary of State for the Home Department, the Scottish Ministers and the Secretary of State for Northern Ireland.

General

The PNB has agreed new provisions for maternity leave, adoption leave, maternity support leave and adoption support leave. This agreement will involve revisions to the agreement outlined in PNB circular 01/22.

These provisions apply to police officers whose expected week of confinement (or, in the case of maternity support leave only, the actual week of confinement if the child arrives late) begins on or after 6th April 2003 and officers who have been notified of being matched with a child for adoption on or after 6th April 2003 or where a child has been placed with them for adoption on or after this date.

These provisions apply to full-time officers and those who are serving part-time or in job shares.

Maternity Leave and Additional Maternity Leave

There is no change to the current entitlement to be paid for the first 3 months of maternity leave (where a policewoman has served continuously for a period of not less than one year at the beginning of the eleventh week before the expected week of childbirth). Where any period of paid maternity leave coincides with statutory maternity pay periods, police maternity pay will be offset by statutory maternity payments.

The PNB has agreed that officers are entitled to a maximum of 15 months maternity leave (taken in one or more periods of leave) within a maternity period commencing, at the earliest, 6 months prior to the expected week of childbirth and ending no later than 12 months thereafter, so that, All 52 weeks may be taken after the date of childbirth if the officer so chooses, howeverchooses. However, the maximum maternity leave entitlement will remain 15 months.

Therefore, by way of example:

If an officer commences maternity leave 6 months before childbirth, the maternity period within which she may take maternity leave will end 9 months after childbirth.

If an officer commences maternity leave 3 months before childbirth, the maternity period within which she may take maternity leave will end 12 months after childbirth.

If an officer commences maternity leave 1 month before childbirth, the maternity period within which she may take maternity leave will end 12 months after childbirth.

Reckoning for pay and probation purposes

The PNB has agreed that Tthe first 26 weeks of maternity leave is pensionable, reckonable for incremental pay and leave purposes and for inclusion in any period of probationary service. Additionally, for those officers with 26 weeks service at the 14th week before the expected week of confinement, 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 However, the 26 weeks additional maternity leave is not.

Also, tThese changes will also apply for officers serving part-time or job sharing.

For the avoidance of doubt, police officers whose expected week of confinement begins on or after 6th April 2003 (whether or not entitled to paid maternity leave) will have an entitlement of up to 26 weeks statutory maternity pay.

Adoption Leave

All officers are entitled to 1 week adoption leave on full pay.

The PNB has agreed that Adoption leave should be made available where an oOfficers, who have completed 26 weeks service by the end of the notification week and who have has been notified of being matched with a child on or after 6th April 2003 or where a child has been placed with them for adoption on or after this date,. Where a couple are adopting jointly one of them must decide which one will take adoption leave. All officers are entitled to five days adoption leave on full pay. In addition, qualifying officers who are an adoptive parent will be entitled to take 26 weeks adoption leave at statutory adoption pay rate and an additional period of 26 weeks unpaid adoption leave around the time of placement of a child for adoption.. The notification week is the week in which they are notified of being matched with a child for adoption.

An oOfficer can choose to start their adoption leave on the date the child is placed or a predetermined date, no more than 14 days before the date the child is expected to be placed with the oOfficer and no later than that date.

The PNB has agreed thatThe first for all qualifying officers a total of up to 276 weeks leave taken as adoption leave will be pensionable, reckonable for incremental pay and leave purposes and for inclusion in any period of probationary service.

These changes will also apply for officers serving part-time or job sharing.

. An Officer taking adoption leave should be entitled to buy-back pension contributions at or around the time of adoption.

Maternity Support Leave

An officer who is the child's father or the partner or the nominated carer of an expectant mother is entitled to maternity support leave, at or around the time of birth. A nominated carer is the person nominated by the mother to assist in the care of the child and to provide support to the mother at or around the time of birth.

All officers are entitled to 2 weeks maternity support leave, the first week of which will be on full pay.

Those officers who have 26 weeks continuous service at the 14th week before the expected week of confinement Thecurrent entitlement to maternity support leave will be changed to include adoption support leave and now be made up of will be entitled to be paid for the second week at statutory paternity pay rate. When any period of paid maternity support leave coincides with statutory paternity pay periods, police maternity support pay will be offset by statutory paternity pay.

The PNB has agreed that all Lleave taken as maternity support leave/adoption leave will be pensionable, reckonable for incremental pay and leave purposes and for inclusion in any period of probationary service.

These changes will also apply for officers serving part-time or job sharing.

Adoption Support Leave

An officer who is the spouse or partner of an adoptive parent is entitled to adoption support leave, at or around the time of adoption.

All officers are entitled to 2 weeks adoption support leave, the first week of which will be on full pay.

Those officers who have 26 weeks continuous service at the notification week, will be entitled to be paid for the second week at statutory paternity pay rate. When any period of paid adoption support leave coincides with statutory paternity pay periods, police adoption support pay will be offset by statutory paternity pay.

This will apply to qualifying Officers whose partner's expected week of confinement is on or after 6 April 2003. Where the expected week of confinement is before 6 April, but the child is born on or after this date, an Officer will also have a right to take the paid leave

The PNB has agreed that all Lleave taken as adoption support leave/adoptionleave will be pensionable, reckonable for incremental pay and leave purposes and for inclusion in any period of probationary service.

These changes will also apply for officers serving part-time or job sharing.