Download Section 7 - Parental Leave NEW [doc / 571KB]

Section 7
TNC 2014/5
TEACHERS’ PARENTAL LEAVE SCHEME
1.
Introduction
1.1
This scheme is as a result of an agreement reached between the Management and
Teachers’ Sides of the Teachers’ Salaries and Conditions of Service Committee (Schools).
It reflects rules concerning statutory parental leave as a consequence of the Maternity and
Parental Leave Regulations (NI) 1999 and the Parental Leave (EU Directive) (Maternity
and Parental Leave) Regulations (NI) 2013.
1.2
This scheme applies to all teachers to provide unpaid leave from work to care for a child or
to make arrangements for the child’s welfare (subject to eligibility), irrespective of pay or
weekly working hours.
2.
Further Advice
2.1
Further information on parental leave rights is available from the NI Direct website:
www.nidirect.gov.uk/employment.
2.2
Any enquiries regarding this scheme should be made to the Education Authority Southern
Region, Health & Welfare Services (Tel: 028 3751 2575/ 028 3751 2419.)
3.
Pension Position
3.1
Any enquiries regarding a teacher’s pension position should be made to Teachers’
Pensions Branch (Tel: 028 7131 9000).
3.2
Where a teacher’s contributable salary is reduced due to parental leave, the teacher’s
contributions are based on the reduced rate of salary paid. Employer contributions during
such a period of leave are paid on the rate of pensionable pay as if no reduction has been
made.
3.3
From 1 April 2007 the facility to purchase additional service (current added years) to cover
periods of unpaid leave for pension purposes was withdrawn. However, teachers may
purchase additional pension benefits in blocks of £250 up to a maximum of £5,500.
4.
Entitlement to Parental Leave
4.1
A member of staff is entitled to 18 weeks parental leave for the purpose of caring for a
child.
4.2
The leave is per parent per child. Therefore a member of staff with two qualifying children
is entitled to 36 weeks parental leave.
4.3
The leave is unpaid.
1
Section 7
TNC 2014/5
4.4
The right is for 18 weeks leave overall, not with each employer.
4.5
A member of staff is entitled to the leave when he or she:
(i) Has parental responsibility for a child in accordance with The Children (Northern
Ireland) Order 1995, including:

the mother of the child;

the father of the child if he was married to the mother at the time of birth or he is
registered as the child’s father;

the father of the child if he was not married to the mother at the time of the child’s
birth but has acquired parental responsibility under the Children (NI) Order 1995;

a guardian appointed under the Children (NI) Order 1995;

an adoptive parent;

has been granted a Residence Order under the Children (NI) Order 1995.
(ii) Has one years’ continuous service.
4.6
In addition, the child must be:
(i) Under 5 years old (except where disabled or adopted).
The right to parental leave lasts until the child is five years old except in the following
circumstances:

Where the child is adopted, parental leave may be taken up to five years after the
child is placed for adoption or until the child is eighteen years old, whichever is
the earliest.

When the child is disabled, parental leave may be taken up to the date when the
child reaches the age of eighteen. A disabled child is one for whom a disability
living allowance is awarded.
5.
Application of the Parental Leave Provisions
5.1
An application for Parental Leave should be made to the Board of Governors.
5.2
The leave can only be taken in blocks or multiples of one week, except in the case of a
disabled child where leave can be taken in multiples of one day rather than one week. A
week is considered to be the normal weekly working pattern for that teacher.
5.3
Parental leave will be applied on a pro-rata basis. This means for example, that one week’s
parental leave entitlement for a teacher who normally works Monday to Friday is equal to
2
Section 7
TNC 2014/5
5 days, while one week’s parental leave entitlement for a teacher who works Monday and
Tuesday only, is equal to 2 days.
5.4
The amount of leave is restricted to 4 weeks per child per year.
5.5
The teacher must give at least 21 days’ notice of any proposed period of parental leave and
must specify:

The dates on which the period of leave is to begin and end.
Where the leave is to begin on the date on which the child is born or placed for adoption,
the teacher should provide written confirmation of:
5.6

the expected week of childbirth (EWC) or week in which placement is expected to
occur; and

the duration of the period of leave,
The Board of Governors may request to see reasonable evidence of:

the child’s date of birth or placement for adoption; and

the teacher’s responsibility or expected responsibility for the child; and

if applicable, of the child’s entitlement to Disability Living Allowance /Personal
Independence Payment.
6.
Postponement of Parental Leave
6.1
The Board of Governors may postpone the leave for up to 6 months if it considers the
leave would unduly disrupt the school’s operational activities.
6.2
The school must notify the member of staff, in writing, within seven days of the request for
leave, stating the reason for the postponement.
6.3
The school must agree to grant the leave within 6 months and specify, in writing, the date
upon which the leave may be taken after consulting with the member of staff. If no
agreement can be reached after consultation the school must determine the appropriate
dates. Under this provision it would be legitimate for schools to postpone leave for
teachers until it coincides with either a more appropriate time in the academic year or a
mid-term or end of term break.
6.4
The leave cannot be postponed if the leave is to be taken upon the birth of a child or upon
placement of a child for adoption.
7.
Status of the Contract of Employment During Leave
7.1
The contract of employment continues during parental leave. However, the only terms and
conditions that continue are as follows:
3
Section 7
TNC 2014/5
(i) Terms binding on the school:
 The school’s implied obligation to the member of staff of trust and confidence.

Any term relating to notice of termination, compensation for redundancy, or
disciplinary or grievance procedures.
(ii)
Terms binding on the member of staff:
 The member of staff’s implied obligation to the school of good faith.

Any term relating to notice of termination, the disclosure of confidential information,
the acceptance of gifts or other benefits, or the member of staff’s participation in any
competing business.
8.
Right to Return After Parental Leave
8.1
Where the leave is for 4 weeks or less
If the leave is for 4 weeks or less a member of staff is entitled to return to the same job.
However, if a woman takes parental leave immediately following additional maternity
leave she will not be entitled to return to the same job if it is not reasonably practicable for
her to do so, both at the end of maternity leave and at the end of parental leave. She will,
however, be entitled to return to a job that is both suitable for her to do and appropriate for
her to do in the circumstances.
8.2
Where the leave is for more than 4 weeks
If the leave is for more than 4 weeks the right is to return to the same job or if that is not
reasonably practicable, to another one that is both suitable and appropriate in the
circumstances.
There are no definitions of “suitable” or “appropriate” although this wording is also used in
relation to the return from maternity leave. There is very little case law to show what
considerations should be taken into account. However, it would appear to be logical to
consider the same factors that would be relevant to an offer of “suitable alternative
employment” for a redundant employee. Such factors could include:

Pay

Other terms and conditions

Status

Location.
8.3
When the member of staff returns, the terms and conditions must be no less favourable
than they would have been had he/she not been absent from work.
8.4
Absence on parental leave will not affect the accrual of continuous service for statutory
employment rights, for example the right to claim unfair dismissal and the right to a
redundancy payment.
8.5
Seniority, pension rights and similar rights should be as they would have been had the
member of staff been employed continuously but without counting the time when he/she
was actually absent from work.
4
Section 7
TNC 2014/5
9.
Protection from Detriment
9.1
A member of staff is protected from detriment (other than loss of pay etc. during parental
leave which is allowed by the Regulations) on the grounds that he/she:

Took, or sought to take parental leave or

Declined to sign a workforce agreement or

Performed functions or activities (or proposed to do so) as a workforce
representative, or a candidate for election to representative, under the Regulations.
9.2
Detriment means an act or a failure to act.
10.
Unfair Dismissal
10.1 A member of staff will be unfairly dismissed if he/she is dismissed or is made redundant
and the reason or the principal reason, for dismissal or selection for redundancy is one that
is connected with the fact that the member of staff:

Took, or sought to take parental leave or

Declined to sign a workforce agreement or

Performed functions or activities (or proposed to do so) as a workforce
representative, or a candidate for an election to appoint representatives, under the
Regulations.
5