Gambling Supervision Commission
Maternity Leave and Pay
As soon as an employee knows that they are pregnant they should notify their line manager, in writing, of:
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The fact that they will be taking maternity leave by no later than the end of the 15th week before the baby is due
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When the expected week of childbirth will be
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When they intend to start maternity leave (the start of maternity leave must be no earlier than the 11th week before the expected week of childbirth)
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Whether they intend to take additional maternity leave
The GSC have a duty to carry out a risk assessment for pregnant workers as outlined in our Health and Safety Policy. If a risk is identified then alternative work options may be provided or the employee could be suspended with pay if no alternatives are available.
All pregnant workers will receive reasonable time off for antenatal care at their normal rate of pay.
Under the terms of the Employment Act 2006 pregnant wokers are entitled to Ordinary Maternity Leave of 26 weeks. They will continue to receive all contractual benefits during this time, except pay for the full period (see 5.4.1 Maternity Pay). Pregnant workers will be entitled to Additional Maternity Leave of a further 26 weeks if they have 26 weeks’ service at the beginning of the 14th week before the due date. Employees will not continue to receive contractual benefits during this time.
Employees must take a minimum of 2 weeks compulsory Maternity Leave following the birth of their baby. Employees are not obliged to work whilst on Maternity Leave but can agree to attend for up to 10 Keeping in Touch Days. This can be a valuable way of easing return to work, will help to keep employees up to date and will be arranged with your line manager.
Employees returning to work following ordinary maternity leave have the right to return to their original job under the original contract, on no less favourable terms and conditions, and will be entitled to benefit from any general improvements in rate of pay. Employees returning following additional maternity leave have the same rights except for two exceptions:
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The additional maternity leave period does not count for the purpose of assessing seniority, pension rights or other similar rights which are based on an individual employee’s length of service – such as pay increases linked to length of service (unless specified in the employee’s contract)
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Where reinstatement to the old job following additional maternity leave is not practical a similar job must be found for the returning employee
All employees also have the right to request flexible working. The GSC will consider any requests for flexible working following maternity leave including temporary flexible arrangements. If flexible arrangements are agreed to then an employee’s pay and benefits will be pro-rated accordingly.
In order for the GSC to manage operational requirements employees should provide a minimum of 3 months’ notice if they intend to take additional maternity leave and contact their line manager to request flexible working in good time for the GSC to consider the request. If an employee wishes to return to work earlier than the date agreed it is required that they provide 28 days’ notice of the intended date of return.
5.4.1 Maternity Pay
When an employee has completed up to one year or more continuous service at the beginning of the 14th week before their expected week of childbirth they will receive 8 weeks paid leave, 4 weeks at full pay and 4 weeks at half pay.
When an employee has completed 2 years or more continuous service at the beginning of the 14th week before their expected week of childbirth they will receive 18 weeks paid leave, 12 weeks at full pay and 6 weeks at half pay.
Adjustments in respect of maternity allowance payable by the DHSS will be made whilst an employee is receiving full pay, no allowance will be deducted during periods of half pay. Paid maternity leave will be granted a maximum of 3 times.
5.4.2 Repayment of Maternity Pay
If an employee does not return to work for at least 13 weeks at the end of their agreed Maternity Leave they will be required to repay some of the the Maternity Pay received during the period of Maternity Leave. The repayment will be waived if they are unable to return to work for medical reasons certified by a general medical practitioner.
Paternity Leave
The Employment Act 2006 provides for unpaid Parental Leave for employees with parental responsibility for a disabled child, up to the age of 18 years. Leave may be taken in certain circumstances such as to accompany a disabled child:
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During a hospital visit/stay in hospital
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To see a specialist
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To see a new school
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To settle into new childcare arrangements
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To enable family to spend more time together
An employee may take up to 18 weeks unpaid parental leave in all in respect of a disabled child, with a maximum of 4 weeks in any one year. If an employee has responsibility for more than one disabled child, they can take up to 18 weeks leave in respect of each child. Parental leave is not intended for use as short term emergency leave if the child is sick.
5.5.2 Who is eligible to apply
An employee that has one year’s continuous service and is responsible for a disabled child. A disabled child is one in respect of whom Disability Living Allowance is payable. Employees will be asked to provide confirmation from the DHSS of this.
5.5.3 How to make a request
A written request must be made to the employee’s line manager and at least 21 days’ notice should be given, where possible.
When first requesting parental leave an employee will be asked to declare how much (if any) parental leave they may have already taken with previous employers.
If the GSC considers that an absence would be disruptive to the business then it has the right to postpone the leave for up to 6 months. The reason for this will be provided to the employee in writing within 7 days of their original request.
Whilst taking parental leave employees are entitled to benefit from all the normal terms and conditions of employment except for terms relating to pay. Holiday entitlement will still be accrued during the period of parental leave.
5.5.4 How to appeal
Every endeavour will be made to resolve the matter by mutual agreement. However, if an employee is not satisfied with the outcome of their request then they should seek to follow the GSC’s grievance procedures.
More information can be obtained from 'A guide for employers and employees: parental leave for parents of disabled children' booklet available from the DTI or OHR.
Paternity Leave and Pay
Where an employee has been employed continuously by the GSC for 26 weeks ending with the 15th week before the baby is due and from the 15th week before the baby is due up to the date of birth, they are entitled to 10 days paternity leave, to be taken within 8 weeks of the birth of the child or of the child leaving hospital. This leave does not need to be taken consecutively. One week will be paid at their normal rate of pay and one week will be unpaid. Adjustments in respect of paternity allowance payable from the DHSS will be made. Paternity Leave applies to any parent who lives with the mother of the baby in an enduring relationship that is not an immediate relative, for instance this could include a female partner in a same sex couple.
Adoption Leave and Pay
Under the Employment Act 2006 employees are entitled to 26 weeks unpaid leave (Ordinary Adoption Leave) after adopting a child regardless of the time they have been employed. The adoption must be a new match of a child under the age of 18 years through an adoption agency.
Additional Adoption Leave of a further 26 weeks unpaid is available for staff that have worked for the GSC for 26 weeks continuously at the time of the adoption match and will begin straight after Ordinary Adoption Leave. Only one period of Adoption Leave is available if more than one child is placed at the same time.
Where a couple have matched for adoption, only one can take Adoption Leave however the other parent may take 1 or 2 weeks Parternity Leave if they have 26 weeks of qualifying employment.
For further information on Adoption Leave please see Adoption Guidance and Information available on OHR website.
Special Leave and Study Leave
Paid leave may be granted as follows:
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Emergency Leave
Up to 3 days leave, per calendar year, may be granted to staff to care for emergency situations, e.g. a child or spouse has been hospitalised. Clearly there will be cases when staff cannot attend work due to such reasons, however, it should not be automatically assumed that in all cases paid leave will be granted. With the availability of flexi-leave this does provide staff with the ability to use it or annual leave as an alternative to special leave, and we would expect them to do so where the circumstances may be less serious, e.g. child has a cold etc. -
Bereavement Leave
Up to 5 days paid leave may be granted relating to immediate family bereavement. This includes the death of parents, parents in law, husbands, wives, sons, daughters, brothers or sisters. One day paid leave may be granted for the death of all other relatives. An extension of 1 or 2 additional days may be added, at the discretion of the Chief Executive, when travelling is involved. Applications for such leave should in the first instance be made through your line manager. -
Compassionate Leave
If a situation arises where a member of staff has encountered serious misfortune then the Chief Executive may exercise discretion in allowing additional time off with each case being judged on its own merits.Discretion and flexibility may be exercised by the Chief Executive to permit staff the ability to have time off to care for a sick dependent. Applications for such leave should in the first instance be made through your line manager.
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Participation in Sporting Events
A member of staff who has been selected to compete in an international sporting event will be granted paid leave to enable them to participate. Any additional time required should be made up from either annual or flexi leave. The table below sets out the relevant entitlements:Event Paid Leave Entitlement Olympic Games 10 Commonwealth Games 10 Island Games 5 Other major events On application/At Chief Executive’s discretion -
Unpaid Leave
The Chief Executive may consider requests for unpaid leave. Such requests will be subject to the organisation’s ability to satisfy the demands of the employee’s post within the existing resource, and should be made via the employee’s line manager. -
Jury Service
If an employee is called for Jury Service or have been called to appear as a Witness in a court case, they should inform their line manager providing a copy of the Court Notice. Depending on the likely length of absence, they will continue to receive full salary from the GSC. Employees should claim all allowances available from the Court and any allowance paid to them by the Court as compensation for loss of earnings should be paid back to the GSC. Compensation paid if they were required to perform jury service on a non-working day (i.e. a weekend or during annual leave) and any travelling and parking expenses may be kept. Employees should attend work on any days or half days that they are not needed by the Court. -
Study Leave
In order to support our staff through periods of study, leave may be granted at the discretion of the Director. Such requests will be discussed and considered in advance of a training request being made. For a guide to Study Leave allowances see Appendix 2.
Paid leave can only be granted at the discretion of the Chief Executive under a formal written request.