ࡱ> A Slbjbj\\ .>h>hb\  DTdddxxx8tx^phhhhC"e q]]]]]]]$Lad]dyCCyy]ddhh ^8 y|dhdh] y] 2Wg\hppv:Y.]D^<^Ydud\g\g\dd]yy yyyyy]]<yyy^yyyydyyyyyyyyy X : SECTION 7: FAMILY FRIENDLY POLICIES 7A: INTRODUCTION Regulation 23 of the Terms of Service provides for office holders to take maternity, paternity or adoption leave as appropriate. Stipendiary office holders have a statutory entitlement to this pay as they pay Class 1 National Insurance contributions. All statutory notifications must be adhered to. These are explained in the following policy documents. 7B: MATERNITY LEAVE AND PAY These guidelines have no legal force and cannot cover every point and situation. Further detail can be obtained from the government website at:  HYPERLINK "http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Pregnancyandmaternityrights/index.htm" www.direct.gov.uk/en/parents/money and work entitlements/work and families/pregnancy and maternity rights  MATERNITY LEAVE All pregnant clergy are entitled to paid time off for antenatal care All pregnant clergy are entitled to 52 weeks maternity leave, made up of the following: 26 weeks Ordinary Maternity Leave plus 26 weeks Additional Maternity Leave Regardless of the length of Ordinary or Additional Maternity Leave taken, a minimum of 2 weeks Maternity Leave must be taken immediately following the birth, this is known as Compulsory Maternity Leave. Additional Maternity Leave follows Ordinary Maternity Leave and there must be no gaps between the two periods of leave. A woman can choose when to start her Maternity Leave. This can be any date from the beginning of the eleventh week before the week the baby is due. The woman must give the correct notice of intention to start Maternity Leave, i.e.: The Bishop must be sent a copy of the Maternity (MAT B1) Certificate, and details of the proposed date of the beginning of Maternity Leave, at least 15 weeks before the expected birth date. Ordinary Maternity Leave starts automatically if the baby is born early. If the woman is not intending to take the full 52 weeks leave, she must also inform the Bishops Office of the date on which she expects to return to work (she can change her mind at a later date but must always give 8 weeks notice of any change). MATERNITY PAYMENTS Pregnant clergy who meet qualifying statutory conditions (based upon their length of service and average earnings) will be entitled to 39 weeks Statutory Maternity Pay (SMP). The remaining 13 weeks of Additional Maternity Leave will be unpaid. The Diocesan Board of Finance will continue to make contributions to the mothers pension throughout Ordinary and Additional Maternity Leave. SMP is equivalent to: 90% of the usual stipend for the first 6 weeks and is then paid at a rate set by Parliament for a further 33 weeks (the rate from 6 April 2022 is 156.66). An expectant mother intending to return to stipendiary ministry will receive Occupational Maternity Pay in addition to the statutory requirements. The Occupational Maternity Pay will be the sum which, when added to the SMP, will give the mother a sum equal to her usual stipend. Occupational Maternity Pay will be payable for the first 39 weeks of Maternity Leave. If the mother subsequently decides not to return to work, the Diocese will require her to refund all sums paid to her by way of Occupational Maternity Pay. MANAGING MATERNITY LEAVE (In the case of an incumbent) The Area Dean, together with the Churchwardens, will be responsible for ensuring the usual life of the parish continues whilst an incumbent is on Maternity Leave. The PCC will be responsible for meeting expenses of clergy covering services for the period of Maternity Leave of an incumbent. Fees for clergy providing cover will be reimbursed by the Diocesan Board of Finance. AFTER MATERNITY LEAVE It is recognised that there is more than one way in which the vocations to motherhood and ministry can be fulfilled together. The Diocese seeks to be flexible and realistic in enabling mothers to continue their ministry in a way which is right for them and their family. The following three models outline options within which the Diocese is willing to enable mothers to minister. Each of these options can follow on from maternity leave. Whilst it cannot be required, it would be most helpful if, before the period of maternity leave begins, an expectant mother gives an indication to the Area Dean of the model she is most likely to adopt. During the period of leave the Incumbent/Area Dean will maintain contact with the mother, and will inform the relevant Diocesan staff of any changes in intention. Possible models: 1. Full-time ministry A mother may return to her usual full-time ministry following the period of maternity leave. Formal notification: The Diocese will assume that the mother is returning to full-time ministry unless notified otherwise, at the latest 8 weeks before the intended return to work. Housing: the family may continue to live in the parsonage during the period of maternity leave 2. Part-time ministry A mother may wish to request to return to ministry on a part-time basis. This request should be made in writing to the Bishop and will be considered by her in consultation with the Archdeacon, Area Dean and with PCC involvement. Whilst it cannot be guaranteed that such an option would be possible, in all cases the Diocese is committed to flexible working and the request will therefore be given careful consideration and a balanced decision made. For those in positions of incumbency status, the minimum basis would be 50%. Requests should also be mindful of the need to contain costs. Formal notification: Written notice of desire to return to ministry part-time must be submitted to the Bishop at the latest three months before the end of maternity leave. Housing: the family may continue to live in the parsonage during the period of maternity leave. Working Agreement: an appropriate working agreement (see below*) must be established before the end of the period of maternity leave. The Incumbent/Area Dean can be used to facilitate discussions in this area. The precise meaning of part-time will determine the level of stipend payable. Pension payments will be proportionate to the level of stipend. *WORKING AGREEMENTS Curates in title parishes: A realistic working agreement must be drawn up between the curate and training incumbent, with the involvement of the Area Dean or Archdeacon, and reviewed after three months. The Working Agreements Adviser and Director of Curate Training are to be provided with a copy of the working agreement. Incumbents (and equivalent): A realistic working agreement must be drawn up between the incumbent, the Area Dean, any assistant clergy or other parochial staff (including those recruited for the period of part-time ministry), and the PCC. The agreement should be reviewed after three months. The part-stipend which would be saved by the Diocese could be made available to enable the deployment of ordained, or employment of lay, support staff in the parish any such arrangement would need to be made through the Archdeacon before or during the period of maternity leave. 3. Changing ministerial role A mother may choose to resign from stipendiary ministry whilst caring for her family and may want to return to stipendiary ministry when family commitments enable her to do so. Formal notification: Written notice of resignation must be submitted to the Bishop at the latest three months before the end of maternity leave. The resignation date will be the first day following the period of leave. Housing: the family can continue to live in the parsonage for the period of maternity leave. The family will be required to have moved by the date of resignation. Non-stipendiary ministry: The mother may choose to exercise a non-stipendiary ministry following her resignation. She will need to request Permission to Officiate, or new License, from the Bishop. Maternity Pay: Any maternity payments made over and above the Statutory Maternity Pay, must be repaid to the Diocesan Board of Finance if the mother resigns. Returning to stipendiary ministry: The Bishop will actively seek to place the minister in a suitable post, if she seeks to return to stipendiary ministry. He is not in a position to guarantee a post. Tax Free Childcare Tax-Free Childcare is a government scheme in which the government will pay 2 for every 8 you pay your childcare provider via an online account. Details can be found at  HYPERLINK "https://www.gov.uk/help-with-childcare-costs/tax-free-childcare" https://www.gov.uk/help-with-childcare-costs/tax-free-childcare. 7C: PATERNITY LEAVE AND PAY These guidelines have no legal force and cannot cover every point and situation. Further detail can be obtained from the government website at:  HYPERLINK "http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Paternityrightsintheworkplace/index.htm" http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Paternityrightsintheworkplace/index.htm PATERNITY LEAVE AND PATERNITY PAY All clergy who have at least 26 weeks service by the beginning of the 14th week before the expected week of confinement (EWC) and are fathers to be or new fathers are entitled to up to 2 weeks paternity leave at full stipend. Paternity leave can be taken at the time of the birth of the baby or up to 56 days following the birth and must be taken in whole weeks rather than odd days. Clergy should inform the Bishops Office of the details of paternity leave requested using form SC3 available on the following website link:  HYPERLINK "https://www.churchofengland.org/resources/clergy-resources/national-clergy-hr/clergy-payroll/parental-leave" https://www.churchofengland.org/resources/clergy-resources/national-clergy-hr/clergy-payroll/parental-leave Leave must be requested by the end of the 15th week before the baby is due. The Bishops Office may request a copy of the MATB1 certificate. The Clergy Payments Department is able to reclaim part of the paternity pay from the Government at the rate of 92% of the clergy equivalent to Statutory Paternity Pay and so it is very important that the above form and notification process is followed. Cover arrangements should be organised locally with the Area Dean. Note: Shared Parental Leave Shared Parental Leave enables eligible parents to choose how to share the care of their child during the first year of birth or adoption. Its purpose is to give parents more flexibility in considering how best to care for, and bond with, their child. All eligible clergy have a statutory right to take Shared Parental Leave. ShPP is payable to eligible office holders to enable them to take parental leave in separate blocks, so they can return to work for part of the time and then continue leave at a later date. It is relatively new and quite complex. Here are some key points to note: The mother must take at least 2 weeks maternity leave, the remaining 50 weeks of leave can then be shared between both parents Both parents can be off at the same time Leave can be taken in a maximum of 3 blocks and must be agreed at least 8 weeks in advance It also applies to adoptive parents, where up to 52 weeks can be shared (including 13 weeks of unpaid leave) Maternity/Adoption leave may need to end earlier in order to set Shared parental leave and pay More information available on the following link  HYPERLINK "https://www.churchofengland.org/resources/clergy-resources/national-clergy-hr/clergy-payroll/parental-leave" https://www.churchofengland.org/resources/clergy-resources/national-clergy-hr/clergy-payroll/parental-leave 7D: ADOPTION LEAVE AND PAY These guidelines have no legal force and cannot cover every point and situation. Further detail can be obtained from the government website at:  HYPERLINK "http://www.direct.gov.uk/en/parents/money and work entitlements/work and families/adoptionrightsintheworkplace " www.direct.gov.uk/en/parents/money and work entitlements/work and families/adoptionrightsintheworkplace  ADOPTION LEAVE To qualify for adoption leave clergy must be newly matched with a child by an adoption agency ('matched' means that the adoption agency gives you the details of the child they think is suitable for you to adopt). All clergy who adopt a child are entitled to 52 weeks adoption leave, made up of the following: 26 weeks Ordinary Adoption Leave plus 26 weeks Additional Adoption Leave Additional Adoption Leave follows Ordinary Adoption Leave and there must be no gaps between the two periods of leave. Please note: If you are jointly adopting a child with your spouse or partner only one of you may take adoption leave. You may choose which adopter takes adoption leave. The other adoptive parent may qualify for paternity leave. Adoption leave may start from the day the child begins living with you or up to 14 calendar days before the child is due to start living with you. If you wish to take adoption leave you must inform the Bishops office no less than seven days after the date on which notification of the match with the child is provided to you by the adoption agency. You must provide the Bishops office with the actual date of matching, the date you expect the child to be placed with you and the date you wish adoption leave to commence. As evidence of adoption the Bishops Office must be sent a copy of the matching certificate and adoption papers from the adoption agency. You are able to bring forward or postpone the date upon which you wish the adoption leave to start with 28 days notice. If the adoptive parent is not intending to take the full 52 weeks leave, he/she must also inform the Bishops Office of the date on which he/she expects to return to work (he/she can change his/her mind at a later date, but should always give a minimum of 8 weeks notice of any change). ADOPTION PAYMENTS Adoptive parents who meet qualifying statutory conditions (based upon their length of service and average earnings) will be entitled to: 39 weeks Statutory Adoption Pay (SAP). The remaining 13 weeks of Additional Adoption Leave will be unpaid. The Diocesan Board of Finance will continue to make contributions to the mothers pension throughout Ordinary and Additional Adoption Leave. SAP is equivalent to: 90% of the usual stipend for the first 6 weeks and is then paid at a rate set by Parliament for a further 33 weeks (the rate from 6 April 2022 is 156.66). An adoptive parent intending to return to stipendiary ministry will receive Occupational Adoption Pay in addition to the statutory requirements. The Occupational Adoption Pay will be the sum which, when added to the SAP, will give the adoptive parent a sum equal to his/her usual stipend. Occupational Adoption Pay will be payable for the first 39 weeks of Adoption Leave. If the adoptive parent subsequently decides not to return to work, the Diocese will require him/her to refund all sums paid to him/her by way of Occupational Adoption Pay MANAGING ADOPTION LEAVE (In the case of an incumbent) The Area Dean, together with the Churchwardens, will be responsible for ensuring the usual life of the parish continues whilst an incumbent is on Adoption Leave. The PCC will be responsible for meeting expenses of clergy covering services for the period of Adoption Leave of an incumbent. Fees for clergy providing cover will be reimbursed by the Diocesan Board of Finance. AFTER ADOPTION LEAVE It is recognised that there is more than one way in which the vocations to parenthood and ministry can be fulfilled together. The Diocese seeks to be flexible and realistic in enabling the adoptive parent to continue their ministry in a way which is right for them and their family. The following three models outline options within which the Diocese is willing to enable the adoptive parent to minister. Each of these options can follow on from adoption leave. Whilst it cannot be required, it would be most helpful if, before the period of adoption leave begins, an adoptive parent gives an indication to the Incumbent/Area Dean of the model he/she is most likely to adopt. During the period of leave the Incumbent/Area Dean will maintain contact with the adoptive parent, and will inform the relevant Diocesan staff of any changes in intention. Possible models: Full-time ministry An adoptive parent may return to his/her usual full-time ministry following the period of adoption leave. Formal notification: The Diocese will assume that the adoptive parent is returning to full-time ministry unless notified otherwise, at the latest 8 weeks before the intended return to work. Housing: the family may continue to live in the parsonage during the period of adoption leave Part-time ministry An adoptive parent may wish to request to return to ministry on a part-time basis. This request should be made in writing to the Bishop and will be considered by him in consultation with the Archdeacon, Area Dean and with PCC involvement. Whilst it cannot be guaranteed that such an option would be possible, in all cases the Diocese is committed to flexible working and the request will therefore be given careful consideration and a balanced decision made. For those in positions of incumbency status, the minimum basis would be 50%. Requests should also be mindful of the need to contain costs. Formal notification: Written notice of desire to return to ministry part-time must be submitted to the Bishop at the latest three months before the end of adoption leave. Housing: the family may continue to live in the parsonage during the period of adoption leave. Working Agreement: an appropriate working agreement (see below*) must be established before the end of the period of adoption leave. The Incumbent/Area Dean can be used to facilitate discussions in this area. The precise meaning of part-time will determine the level of stipend payable. Pension payments will be proportionate to the level of stipend. * WORKING AGREEMENTS Curates in title parishes: A realistic working agreement must be drawn up between the curate and training incumbent, with the involvement of the Archdeacon, and reviewed after three months. The Director of Curate Training is to be provided with a copy of the working agreement. Incumbents (and equivalent): A realistic working agreement must be drawn up between the incumbent, the Area Dean, any assistant clergy or other parochial staff (including those recruited for the period of part-time ministry), and the PCC. The agreement should be reviewed after three months. The part-stipend which would be saved by the Diocese could be made available to enable the deployment of ordained, or employment of lay, support staff in the parish any such arrangement would need to be made through the Archdeacon before or during the period of adoption leave. Changing ministerial role An adoptive parent may choose to resign from stipendiary ministry whilst caring for his/her family and may want to return to stipendiary ministry when family commitments enable him/her to do so. Formal notification: Written notice of resignation must be submitted to the Bishop at the latest three months before the end of adoption leave. The resignation date will be the first day following the period of leave. Housing: the family can continue to live in the parsonage for the period of adoption leave. The family will be required to have moved by the date of resignation. Non-stipendiary ministry: The adoptive parent may choose to exercise a non-stipendiary ministry following his/her resignation. He/she will need to request Permission to Officiate, or new License, from the Bishop. Adoption Pay: Any adoption payments made over and above the Statutory Adoption Pay, must be repaid to the Diocesan Board of Finance if the adoptive parent resigns. Returning to stipendiary ministry: The Bishop will actively seek to place the minister in a suitable post if he/she seeks to return to stipendiary ministry, but is not in a position to guarantee a post. Child care vouchers are also available to adoptive parents. Please see Pg 4 7E: ADJUSTMENTS TO WORKING ARRANGEMENTS AND TIME OFF TO CARE FOR DEPENDENTS. This procedure is extracted from the Archbishops Council advice and adopted by the Diocese of Derby. Holders of parochial offices already have a high degree of flexibility over how they carry out their duties, which is not always the case with employees, who will generally have defined hours of work. Office holders may not always need therefore to request flexible working to care for a dependant, in the way that an employee might. However, office holders still need to bear in mind the need to arrange appropriate cover if they are taking time off. For example, if they wish to take half term as leave, they should check with the Area Dean that one of their colleagues is available to provide cover during this period. Similarly, an incumbent or priest in charge still has a responsibility to ensure that someone is available to take weddings on Saturdays, despite any family commitments. Where office holders need to vary their duties in order to care for a dependant (for example reducing a post from full time to part time with a commensurate reduction in stipend), they should use the procedure below. The request may only be made in order to help care for a dependant not for any other purpose. Dependant, as defined in paragraph 3(6) of the Directions, embraces a spouse or civil partner; a child; a parent; a person living in the same household as the office holder (other than a tenant, employee, lodger or boarder) or anyone who reasonably relies on the office holder for assistance or provision of care in the event of illness or injury. The provision therefore covers a wide range of possible arrangements, from a few days time off in an emergency to a longer-term adjustment of duties to accommodate, for example, the need to care for an elderly parent or a disabled child. The Directions confer the right to make a request and have the request properly considered. The request may be refused if there is no other reasonable way of meeting the pastoral needs of the parish and the requirements of the office. The Archbishops' Council has agreed that the procedure for making a formal request should be as follows, and that the office holder should make the request in writing set out the date of the request make no more than one request during a twelve-month period state that the request is being made under the Ecclesiastical Offices Terms of Service) Directions 2010 set out the reasons for needing an adjustment to the duties of the office set out the change requested state whether they have made any previous requests in their current post identify the effect the proposed change will have on the provision of ministry to the parish suggest how such an effect could be mitigated (the office holder may wish to consult colleagues about this first so that he or she is in a position to indicate that the proposed solution might have their support in principle) give a proposed start date indicate whether the proposed adjustment is intended to be permanent, or, if not, for how long it might be expected to last. The bishop, on receiving the request, is required by paragraph 3(5) to consult the PCC(s). The bishop may also wish to consult any of the office holder's colleagues who are likely to be affected by the request. Once the bishop has received a reply from the PCC(s), the office holder's request should be considered promptly. If the bishop agrees to the request, the office holder and the PCC(s) should be informed in writing of the bishops agreement. If the bishop is not in a position to agree immediately, the bishop should arrange to meet the office holder as soon as possible to discuss the request. The office holder may bring a colleague or trade union representative to the meeting. In good time after the meeting (normally within 14 days), the bishop should inform the office holder of the decision. If he does not accept the request, he must give the reason in writing and give reasonable time (normally 14 days) for the office holder to appeal. The appeal should be held, and the office holder informed of the result within reasonable time (in both cases, normally 14 days). A revised statement of particulars should be issued to reflect any changes made, unless they are very temporary and short term. The office holder will need to be informed that this will be a permanent change to the duties of the office, and there is no automatic right to have the duties adjusted back to the original terms at a later point, unless this has been agreed in advance. The bishop should not refuse the request simply because the PCC does not support it or the proposed solutions. Potential grounds for refusing a request include: cost inability to reorganise duties among existing clergy inability to recruit additional clergy potential effect on the office holder's performance of his or her duties. The bishop may delegate consideration of these requests to the suffragan or area bishop or the archdeacon.  Footnote: OMP + SMP = usual stipend even if the mother will be returning to work part-time (and therefore receiving a lower stipend from the point of return to work).  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