Family Leave Policy
Opportunity Green was established to fight the climate crisis, but the climate is so intertwined with equity that you can’t tackle one without also ensuring that you are doing what you can to tackle the other. We want to provide a supportive working environment for new parents, while doing our bit to tackle the gender pay gap within our budgetary constraints as a new organisation.
Family Leave Policy
Updated Sept 2024
Introduction
Opportunity Green was established to fight the climate crisis, but the climate is so intertwined with equity that you can’t tackle one without also ensuring that you are doing what you can to tackle the other. We want to provide a supportive working environment for new parents, while doing our bit to tackle the gender pay gap within our budgetary constraints as a new organisation. As Opportunity Green grows, we commit to keeping this policy under review with a view to providing the best support we are able within our means and resources.
This is why our parental leave policy applies equally whether you are a soon-to-be parent of a biological, surrogate or adopted child, and whether this is your first child, or you are adding to your family. We will support you before, during and after your parental leave to help you manage your transition into parenthood as smoothly as possible.
Maternity, Paternity and Adoption Leave
Your Statutory Rights
Maternity Leave
You qualify for Statutory Maternity Leave if you’re an employee not a ‘worker’ and if you give the correct notice. It does not matter how long you’ve been with Opportunity Green, how many hours you work or how much you get paid.
Statutory Maternity Leave is 52 weeks made up of:
Ordinary Maternity Leave - first 26 weeks
Additional Maternity Leave - last 26 weeks
You do not have to take 52 weeks, but you must take 2 weeks’ leave after your baby is born.
You have the right to reasonable time off with full pay for 'antenatal' (pregnancy-related) appointments and care before you have your baby.
Start date and early births
Usually, the earliest you can start your leave is 11 weeks before the expected week of childbirth. Leave will also start:
the day after the birth if the baby is early
automatically if you’re off work for a pregnancy-related illness in the 4 weeks before the week (Sunday to Saturday) that your baby is due.
Keeping in touch
You are entitled to 10 Keeping in Touch Days to make sure that you have the option to keep up to date with what’s happening at work as much (or as little) as you like.
Returning to work
You must give Opportunity Green at least 8 weeks’ notice if you want to change your return-to-work date.
Pay
Statutory Maternity Pay (SMP) is paid for up to 39 weeks. You get:
90% of your average weekly earnings (before tax) for the first 6 weeks
£184.03 or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks
SMP is paid in the same way as your wages (for example monthly or weekly) and will start in line with your maternity leave. Tax and National Insurance will be deducted. To qualify for SMP you must:
earn on average at least £123 a week
have worked for your employer continuously for at least 26 weeks continuing into the ‘qualifying week’ - the 15th week before the expected week of childbirth.
If you’re not eligible for SMP Opportunity Green will give you form SMP1 explaining why you cannot get SMP within 7 days of making our decision. You may be eligible for Maternity Allowance instead.
Early births or if you lose your baby
You can still get Statutory Maternity Leave and SMP if your baby is born early, is stillborn after the start of your 24th week of pregnancy or dies after being born.
Further information on your statutory rights as a birth-parent can be found here.
What you need to do
No later than the 15th week before your child is due to be born, tell your line manager and / or People and Culture Manager. This is so that we can kick off the process of confirming your leave and so that we can help guide you through the number of statutory requirements and other options available to you.
Paternity / Partner Leave
Employees can choose to take either 1 week or 2 consecutive weeks’ leave. The amount of time is the same even if they have more than one child (for example twins). Leave cannot start before the birth. The start date must be one of the following:
the actual date of birth
an agreed number of days after the birth
an agreed number of days after the expected week of childbirth
Paternity leave can be split into two blocks of one week at any point in the first 52 weeks after the birth or adoption of a child.
Pay
Statutory Paternity Pay for eligible employees is either £172.48 a week or 90% of their average weekly earnings (whichever is lower). Tax and National Insurance need to be deducted.
Leave for antenatal appointments
Employees can take unpaid leave to accompany a pregnant woman to 2 appointments of up to 6 and a half hours each antenatal appointments if they are:
the baby’s father
the expectant mother’s spouse or civil partner
in a long-term relationship with the expectant mother
the intended parent (if they’re having a baby through a surrogacy arrangement)
If the baby dies
Employees still qualify for paternity leave and pay if the baby is either:
stillborn from 24 weeks of pregnancy
born alive at any point in the pregnancy but later dies.
Further information on parental leave and your statutory rights can be found here.
What you need to do
No later than the 15th week before your child is due to be born, tell your line manager /CEO. This is so that we can kick off the process of confirming your leave and so that we can help guide you through the number of statutory requirements and other options available to you. You will then need to give us at least 28 days’ notice of each period of leave.
Adoption Leave
Statutory Adoption Leave is 52 weeks. It’s made up of:
26 weeks of Ordinary Adoption Leave
26 weeks of Additional Adoption Leave
Only 1 person in a couple can take adoption leave. The other partner could get paternity leave instead.
If you get adoption leave, you can also get paid time off work to attend 5 adoption appointments after you’ve been matched with a child.
Adoption leave can start:
up to 14 days before the date the child starts living with you (UK adoptions)
when the child arrives in the UK or within 28 days of this date (overseas adoptions)
the day the child’s born or the day after (if you’ve used a surrogate to have a child)
Change your dates
You must tell us within 28 days if the date of placement (or UK arrival date for overseas adoptions) changes.
You must give us at least 8 weeks’ notice if you want to change your return to work date.
Pay
Statutory Adoption Pay is paid for up to 39 weeks and is paid in the same way as your wages. Tax and National Insurance will be deducted. It starts the day you start your adoption leave. The weekly amount is:
90% of your average weekly earnings for the first 6 weeks
£184.03 or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks
Surrogacy Leave
You and your partner may be eligible for adoption pay and leave and paternity pay and leave if you use a surrogate. If you’re not eligible for paid leave, you may be able to take parental leave or annual leave.
Surrogates
Every pregnant employee has the right to 52 weeks’ maternity leave and to return to their job after this. If you are a surrogate, what you do after the child is born does not affect your right to maternity leave.
Further information on statutory rights around surrogacy can be found here.
The enhanced benefits outlined below apply to surrogate birth-parents, and parents using a surrogate.
Returning to work
Flexible return
Annual leave accrued while you are on parental leave can be used to help you to transition back into work in a flexible way. For example, you may wish to return on two or three days a week for a few weeks while you and your child settle into your new routine. We would encourage you to speak to your manager about how else we can support you to return to work after such a momentous change in your life, including for example flexibility to attend nursery settling in sessions.
Onwards career management
Your line manager will be encouraged to work closely with you to ensure that you are supported before, during and after your leave, including frequent one to ones and setting onwards career objectives as we welcome you back to work.
Opportunity Green’s Enhanced Family Leave
We recognise that having a child – whether it is your first child or you are adding to your family – can be a life-altering experience with several adjustments to make for you and your family. That is why, for employees who have been with Opportunity Green for at least 52 weeks by the end of the ‘qualifying week’ - the 15th week before the expected week of childbirth, are entitled to enhanced benefits, in addition to the statutory rights above. Our policy is very generous and aims at giving equality, and flexibility, for both parents. We therefore ask that when you return from maternity, paternity or adoption leave (where you received our enhanced benefits) you stay with us for 12 months, and that if this is not the case or is not possible we reserve the right to ask for the enhanced pay you received to be returned to us.
Enhanced Time off
Whether you are the birth mother, adoptive mother, father or partner we want you to have the opportunity to care for and spend time with your child. You might decide that it works for you and your family to get back to work more quickly after your child arrives, or you may wish to have another few months’ leave when your child is a bit older.
Opportunity Green therefore offers:
12 months off for both the birth / main adoptive parent and the partner.
You can take your 12-month entitlement at any time within 24 months of the birth or adoption, splitting your leave across the 24 months if you prefer (subject to prior arrangement and any statutory requirements).
o If you are the birth mother / main adoptive parent and choose to return to work sooner than 12 months, your statutory leave entitlement – including any remaining pay entitlement – will end at that time. Any additional months, if you wish to take them, can be taken in agreement with your line manager within the remaining months of the first 24 months after the birth / adoption. This agreement will cover any ‘left over’ pay and pension contributions from the 39 paid weeks that we provide (see below for enhanced pay).
o It is a statutory right for fathers / partners to have 2 weeks leave. The timing of any leave over this amount needs to be agreed with your manager. We strongly encourage all fathers / partners to take at least 3 months off within the first 12 months and offer enhanced pay for this – see below.
o If you have a 2nd child born within the 24 months and the full 12 months of leave has not been taken, you will lose any outstanding balance at the start of your new leave period. You will also need to have been back at work for at least 3 months before the start of your next leave to qualify for enhanced pay.
We offer 10 Keeping in Touch (KIT) Days for birth / main adoptive parent and the partner to make sure you have the option to keep up to date with what’s happening at work as much (or as little) as you like. KIT days taken during the first 26 weeks of enhanced parental pay will not be eligible for additional payment. KIT days taken during the last 26 weeks of leave (while on SMP or during unpaid leave) will be paid at full day rate of the person working them. Any day worked while on parental leave is counted as a KIT day. A full day rate pay is applicable and KIT day counted as taken regardless of exact number of hours worked during that day.
Enhanced pay
Because we know how important future financial security is when you have a family, we:
Offer 26 weeks fully paid parental leave for all parents (this includes the birth parent; main adoptive parent; partner of the birth parent / main adoptive parent) followed by 13 weeks statutory pay, and 13 weeks unpaid.
Will continue to pay your standard 10% pension contributions throughout your 12 months’ leave, based on your usual salary.
Neonatal Care Leave
The Neonatal Care (Leave and Pay) Act is expected to come in force from April 2025. We recognise that having your baby arrive unexpectedly early and requiring care on a neonatal ward is stressful and has long term impacts on your family. As part of our supportive family-friendly policy we have decided to include the expected entitlements effective from 2024. When the implementation of the law is confirmed, we will review the below to ensure it is fully compliant.
Neonatal Care Leave is a day one right and applies to parents of babies who are admitted into hospital up to the age of 28 days, and who have a continuous stay in hospital of 7 full days or more. If you qualify for this leave, you are entitled to up to 12 weeks of leave, linked to the length of the hospital stay.
Neonatal Care pay will become a statutory entitlement in the same way as maternity and paternity pay. As this law is not yet in effect, and in keeping with our enhanced pay approach, Opportunity Green will offer the following support:
Six weeks of fully paid neonatal care leave for all parents (this includes the birth parent; main adoptive parent; partner of the birth parent / main adoptive parent)
Six weeks of neonatal care leave with statutory pay when in effect
Neonatal Care Leave must be taken in the first 68 weeks of the baby’s birth. This can be done all at once or in non-consecutive periods of at least one week at a time. For the birthing parent that time is added at the end of statutory maternity leave and pay as that is automatically triggered by the baby’s birth and cannot be stopped.
Shared Parental Leave
Your Statutory Rights
You and your partner may be able to get Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) if you’re:
having a baby
using a surrogate to have a baby
adopting a child
fostering a child who you’re planning to adopt
Further information on shared parental leave and your statutory can be found here, and please talk to your line manager, People and Culture Manager or the COO to find out more, and to help decide if this is the right option for you and your family or if our other benefits would suit you more.
If you decide to take SPL, you can take this leave all in one or in up to three separate blocks of leave. SPL must be taken within the remaining window of the original 52 weeks following end of maternity leave. During SPL you can work up to 20 days during that time (per parent) without ending your SPL. These are called Shared Parental Leave in touch (SPLIT) days. Any days worked under this arrangement must be first agreed by your line manager and the People and Culture Manager. Opportunity Green will pay you for any SPLIT days worked at your usual day rate.
What you need to do
No later than the 15th week before your child is due to be born, tell your line manager if you are considering shared parental leave. This is so that we can kick off the process of confirming your leave and so that we can help guide you through the number of statutory requirements and other options available to you. If you change your plans while on maternity leave, you need to give us eight weeks' notice for any changes.
Parental Leave
Your Statutory Rights
Parental leave is a statutory entitlement and was introduced to give parents the right to take unpaid time off work to look after their child. Parents can use it to spend more time with children and strike a better balance between their work and family commitments.
Parental leave can be taken anytime before your child turns 18. The statutory leave is unpaid. Depending on your circumstances, you may be able to claim financial support.
How much Parental Leave can you take?
Each parent can take up to 18 weeks of parental leave in total for each child, until the child turns 18. If you have two children, you can take up to 36 weeks in total. Parents with three children can take up to 54 weeks. And so on.
You can take up to 4 weeks per child per year. If you have two children, you can take up to 8 weeks per year.
You have to take parental leave in blocks of one week, unless otherwise agreed with the CEO/your manager, or if your child is disabled (see below). A week is the length of time you are normally required to work over 7 days. For instance, if you normally work three days a week, one ‘week’ is equivalent to three working days.
If your child is on Disability Living Allowance (DLA) or Personal Independence Payment (PIP), you can take parental leave one day at a time.
Parental leave applies to each child and not to an individual’s job. Therefore, you ‘carry over’ any unused parental leave from one employer to another, as long as you are eligible.
Carer’s leave
Your Statutory Rights
Under the Carer’s Leave Act 2023, you are entitled to one week of unpaid leave per year to provide or arrange care for a dependent in the following circumstances:
a physical or mental illness or injury that means they need care for more than three months
a disability as defined by the Equality Act 2010
care needs because of their old age.
You need to notify us in writting if you intend to take carer’s leave. Please speak to your line manager and / of the People and Culture Manager.
Carer’s leave can be taken on consecutive or non-consecutive half days or full days.
Emergency time off for Dependants
As an employee we want to ensure that you are able to deal with any emergency involving a dependant that might come up. A dependant could be a spouse, partner, child, grandchild, parent, or someone who depends on you for care.
Please talk to your line manager / the People and Culture Manager if something comes up that you need to deal with right away, and we will work with you to ensure we agree reasonable time off. Note that emergency time off for dependants does not cover situations you know about in advance, such as pre-booked hospital appointments. Talk to us about these too as you might be able to take parental leave or work out another arrangement with your line manager / the People and Culture Manager.
Compassionate Leave
Our compassionate leave aims to allow our employees the time off they need following the loss of a loved one – usually a parent, partner, child, sibling or grandparent – but it could also be someone else who was close. We know that everyone will be affected by these situations differently, and that people will grieve in different ways and so we want you have the space and time needed to ensure your wellbeing.
Your Statutory Rights
There are no legal requirements for employers to pay compassionate leave nor are there any requirements about the length of time off, with the exception of the loss of a child. In this case, parents who suffer the death of a child under the age of 18 years old or a child is still born after 24 weeks of pregnancy, have the right to two weeks off. Employees may also be eligible for parental bereavement pay.
Opportunity Green’s Enhanced Compassionate Leave
Opportunity Green offers up to two weeks (8 days, given our 4 day working week) of paid compassionate leave. This does not have to be taken consecutively and can be used in half day blocks – for example to make arrangements for a funeral. You will need to speak to your line manager/ CEO as soon as possible to be clear what time off you might need, both for practical matters but also your own emotional wellbeing, but we recognise that time off might also be needed at short notice in such situations.
If you feel you need more than two weeks off, please be open with your line manager / CEO as there will be further options, including unpaid leave, that can be considered to support you.
Redundancy protections around pregnancy and family leave
Employees who are pregnant or taking family leave are entitled to redundancy protection:
from the point an employee informs their employer they are pregnant
until 18 months after the expected week of childbirth, the child’s birth date, or date of adoption, for employees returning from maternity leave, shared parental leave or adoption leave.
During the protection period, employees have the right to be offered suitable alternative employment in a redundancy situation.
Useful resources
https://s3.eu-west-2.amazonaws.com/sr-bliss/images/Employer-briefing-NNLP-updated-21-June.pdf