Annual Leave

ian fox" title="" class="author">By ian fox

June 27th, 2013

Leave

33. – (1) Every member of a police force shall, so far as the exigencies of duty permit, be

granted in each leave year such annual leave as may be determined by the Secretary of State;

and in this regulation “leave year” means that period of 12 months beginning on such date

as may from time to time be determined by the local policing body.

(2) In making a determination under paragraph (1) the Secretary of State may confer on

the chief officer discretion –

(a) to grant such additional days of annual leave in any leave year in such circumstances

and subject to such conditions as the Secretary of State may determine, and

(b) subject to such conditions as the Secretary of State may determine, to allow days of

annual leave granted under this regulation to be taken as a single period, or as single

days, or in periods of more than one day or as half days.

(3) In a determination under paragraph (1) the Secretary of State shall make provision

for the compensation of a member of a police force for being recalled to duty during a period

of annual leave granted under this regulation.

(4) Annual leave granted under this regulation shall be additional to the days on which

the member is not required to perform police duties in accordance with a determination

under regulation 26.

(5) A member of a police force shall not be entitled to be absent from duty on account

of injury or illness otherwise than in such circumstances as shall be determined by the

Secretary of State, and in making such a determination the Secretary of State may confer on

the local policing body power to appoint, or approve the appointment of, a medical

practitioner for the purposes of any function to be carried out under the determination.

(6) A female member of a police force who is pregnant shall, in such circumstances as

shall be determined by the Secretary of State, have the right not to be unreasonably refused

special leave from duty to enable her to keep an appointment for the purpose of receiving

antenatal care.

(7) A female member of a police force qualifies for maternity leave in such circumstances

as shall be determined by the Secretary of State.

(8) A member of a police force shall, so far as the exigencies of duty permit, be granted

such –

(a) maternity support leave;

(b) parental leave;

(c) adoption leave; and

(d) adoption support leave,

Statutory Instrument 2006 No. 3449, 2011 No. 3026 January 2012

Regulation 33 page 1in such circumstances, as the Secretary of State shall determine; and in this paragraph

“maternity support leave” means leave to enable support to be given to an expectant mother

at or around the time of birth.

(9) A member of a police force shall, so far as the exigencies of duty permit, be entitled

to be permitted to take a reasonable amount of time off during periods of duty in order to

take such action, and for such purposes, in respect of a dependant of that member, and

subject to such conditions, as shall be determined by the Secretary of State; and for this

purpose the Secretary of State may determine the meaning of “dependant” in relation to

members of a police force.

(10) The Secretary of State may determine that any period of leave or time off taken in

accordance with a determination under paragraph (1), (6), (8) or (9) shall be treated as a

period of duty.

(11) Paragraph (5) and any determination thereunder shall apply to a member who is in

quarantine as it applies to a member who is ill subject, in the case of such a determination,

to such modifications as may be determined by the Secretary of State.

(12) The Secretary of State shall determine the circumstances in which, and the terms on

which, a member of a police force shall be entitled to take a career break.

(13) Any determination under paragraph (12) shall be without prejudice to any

arrangement in place under which a member is taking a career break at the time that

paragraph comes into force.

Statutory Instrument 2006 No. 3449 April 2007

Regulation 33 page 2ANNEX O DETERMINATION

FOR REGULATION 33

ANNUAL LEAVE

1)

a) Every member of a police force of or above the rank of superintendent shall be

granted in each leave year the following period of annual leave namely i) in the case of a member of the rank of superintendent or chief

superintendent,31 days;

ii) in the case of a member of a rank higher than that of chief superintendent

who has not completed10 years’ relevant service,not less than42days;and

iii) in any other case,not less than 48 days.

b) Subject to sub-paragraph (c) below every member of a police force holding a

rank below that of superintendent shall be granted annual leave entitlements

(expressed in 8 hour days) in each leave year commencing after 31 December

2005 as set out in the table below:-

Length of Service Annual leave

Less than 2 years’ relevant service 22

2 or more years’ relevant service 25

5 or more years’ relevant service 25

10 or more years’ relevant service 27

15 or more years’ relevant service 28

20 or more years’ relevant service 30

c) Where the annual leave entitlement of a member of a police force immediately

before the coming into effect of this paragraph,in respect of the first leave year

commencing after 31st December 2003,exceeded the period prescribed in his

case in respect of that year by the foregoing provisions of this paragraph he shall

continue to be entitled to be granted such greater period of leave until such time

as he shall have completed such number of years’ relevant service as,by virtue

of the said provisions,entitle him to an increased period of leave.

Determination September 2008

Annex O page 1

1

The Secretary of State notes the agreements of the Police Negotiating Board in 2004 and2005 to give increased

annual leave entitlements as follows. However, these entitlements do not form part of this determination as

such.

Length of Service 2004 2005

Less than 2 years’ relevant service 22 22

2 or more years’ relevant service 22 23

5 or more years’ relevant service 24 25

10 or more years’ relevant service 27 27

15 or more years’ relevant service 28 28

20 or more years’ relevant service 30 302) In the leave year in which a member of a police force is appointed to,is promoted in,

or retires from the force or completes such number of years’ relevant service as will

entitle him to an increased period of annual leave, his annual leave shall be

calculated at the rate of a twelfth of the period of annual leave appropriate, under

paragraph (1), to the rank held by him for each complete month of service in that rank

in the leave year in question,a fraction of a day being reckoned as a day:

Provided that where a member of a police force is promoted or completes the said

number of years’ relevant service while completing a month’s service in the leave

year in question, he shall be treated for the purposes of this paragraph as if he had

been promoted or,as the case may be,completed the said number of years’ relevant

service at the beginning of that month’s service.

3) In the case of a member of a police force of a rank not higher than that of chief

superintendent, the chief officer of police may, in his discretion and subject to the

exigencies of duty a) notwithstanding anything in paragraphs (1) and (2),where he is satisfied that,in

any leave year, the member has not taken the full period of annual leave

specified in those paragraphs, grant the member, during the following leave

year, additional days of annual leave not exceeding the number of days not

taken, so however that he shall not exercise his discretion so as to grant more

than 5 additional days of annual leave to a member unless he is satisfied that

there are exceptional circumstances and that it is in the interests of efficiency to

do so;

b) grant the member not more than 5 additional days of annual leave,to be taken

in the last month of the leave year, subject to a corresponding reduction being

effected in the member’s period of annual leave under paragraph (1) for the

following year.

4) a) Subject to sub paragraph (b), days of annual leave granted under this

determination may be taken, in the discretion of the chief officer of police and

subject to the exigencies of duty, as a single period, or as single days, or in

periods of more than one day or as half days.

b) In the case of a member below the rank of superintendent,not more than 3 days

of annual leave shall be taken as half days, and where annual leave is so taken,

the memberi) shall do duty on that day for 4 hours,and

ii) shall not be entitled to be allowed an interval for refreshment such as may

be determined under regulation 22(b).

5) a) Where a member of a police force has been recalled to duty from a period of

absence from duty to which this paragraph applies, he shall be granted, in

compensation for being recalled to duty on any day during that period which is

a day of annual leave or a day taken off in lieu of overtime) if he was so recalled to duty for 1 or 2days (whether or not in the latter case

those days formed a single period),an additional 2 days’ annual leave (or,

if the member so choose, 1 day’s annual leave and 1 day’s pay at double

time)in lieu of each such day for which he was so recalled; or

ii) if he was so recalled to duty for 3 or more days (whether or not forming a

single period), 2 days’ annual leave (or, if the member so choose, 1 day’s

annual leave and 1 day’s pay at double time) in lieu of each of the first 2

Determination April 2007

Annex O page 2such days for which he was so recalled,and 1 1/2 days’ annual leave (or,if

the member so choose, 1 day’s annual leave and 1/2 day’s pay at double

time) in lieu of each such day for which he was so recalled thereafter.

b) This paragraph applies to a period of absence from duty of 3 or more days,

where at least one of those days is a day of annual leave and the other days, if

not days of annual leave,are rostered rest days,day taken off in lieu of overtime,

public holidays, free days (or days taken off in lieu thereof) or monthly leave

days,or any combination thereof.

c) This paragraph applies in the case of a member of a police force who is required

to work on a day scheduled to fall in a period of absence from duty to which this

paragraph applies as it applies in the case of a member who is recalled to duty

from such a period.

6 a) This paragraph applies where:

i) a member ceases to be a member of a police force, other than on

immediate transfer to another police force,during the course of his leave

year,and

ii) on the date on which he ceases to be a member of a police force, the

proportion he has taken of the annual leave to which he is entitled in the

leave year under this determination differs from the proportion of the leave

year which has expired.

b) Where the proportion of annual leave taken by the member is less than the

proportion of the leave year which has expired,the police authority shall make

him a payment in lieu of leave in accordance with sub-paragraph (c).

c) The payment due under sub-paragraph (b) shall be a sum equal to the amount

that would be due to the member in respect of a period of leave determined

according to the formula (AxB)- C where

A is the period of leave to which the member is entitled under this

determination;

B is the proportion of the member’s leave year which expired before the

termination date,and

C is the period of leave taken by the member between the start of the leave year

and the termination date.

d) Where the proportion of leave taken by the member exceeds the proportion of

the leave year which has expired, the police authority are entitled to

compensation,whether by payment,by additional service or otherwise.

7) a) For the purposes of this determination-“relevant service” means any service

which the member concerned is entitled to reckon for the purposes of pay

together with any service which he was previously so entitled to reckon-

(i) in the case of a member below the rank of superintendent, in any lower

rank;

(ii) in any other case,in the rank of superintendent or any higher rank,

except that relevant service shall not include any such service as is mentioned

in regulation 44.

Determination April 2007

Annex O page 3b) Where a member of an aerodrome constabulary has been transferred to a police force by an order under section 30 of the Aviation Security Act 1982 then,

for the purposes of this paragraph, his service in any rank in that constabulary

shall be treated as if it were service in the corresponding rank in a police force.

8) a) In this determination and determinations made under regulations 22 and 25,

“day”, in relation to members of a police force, means a period of 24 hours

commencing at such time or times as the chief officer shall fix and the chief

officer may fix different times in relation to different groups of members.

b) In discharging his functions under sub paragraph (a) above, the chief officer

shall have regard to the wishes of the joint branch board.

Determination A

CAREER BREAKS

1) If a member of a police force who has completed the required period of probation

under Regulation 12 makes an application to take a career break to the chief officer

of his police force,the chief officer shall consider the application and shall:

(a) make known his decision of acceptance or rejection to the member within 28

days of the application,and

(b) in the case of his rejection of the application, provide the member at the same

time as the rejection with written reasons for the rejection

2) A member whose application to take a career break has been rejected may submit a

notice of appeal to the police authority,within 28 days of receiving the rejection and

the reasons for rejection from the chief officer.

3) Before the start of the career break,the member shall agree with the chief officer-

(a) the date on which the career break is to start

(b) the length of the career break, which shall not be greater than five years, save

that in exceptional circumstances the chief officer may allow more than five

years

(c) the end date of the career break, which shall not be later than the compulsory

retirement age for the member’s rank within the meaning of regulation A18 of

the Police Pensions Regulations 1987 or regulation 19 of the Police Pensions

Regulations 2006,as the case may be.

(d) objectives with timescales for the career break,which maybe varied at any time

during the career break by agreement between the member and the chief

officer

4) The member shall inform the chief officer during the career break of any

circumstances which may affect the objectives or timescales of the career break.

5) During the career break the member shall not undertake full-time education or

activities for which he is paid or reimbursed expenses or which involve him in the

sale of goods or services, by way of business, without the agreement of the chief

officer.

6) Where the chief officer has reasonable grounds for believing that the agreed

objectives and timescales of a career break may not be achievable, he may require

the member to attend a review.As the result of such a review, the chief officer may

require the member to return to duty, after a minimum notice period of one month,

provided that if the chief officer is minded to require the member to return to duty he

will allow the member to make appropriate representations before he reaches a final

decision.

7) Other than as provided in paragraph (6) the chief officer shall not require the

member to return from the career break earlier than the agreed date.

8) On the agreed return date,the member shall return to duty with the same determined

Determination April 2007

Annex OO page 1hours and work pattern as before the start of the career break.

9) The chief officer shall allow the member before the agreed end date of the career

break to return to duty with the same determined hours and work pattern as before

the start of the career break –

(a) in the case that there is a suitable vacancy, within one month of the member

giving notice of his intention to return to duty

(b) in any other case, within three months of the member giving notice of his

intention to return to duty

10) During the career break the member remains a member of his police force for the

purposes of the Regulations and the Secretary of State’s determinations thereunder,

other than, subject to (11), the regulations and determinations of the Secretary of

State under Part 4 (Pay),Part 5 (Leave) and Part 6 (Allowances and Expenses).

11) (a) A female member of a police force on a career break who becomes pregnant

shall give notice to the chief officer as soon as reasonably practicable:

(i) that she is pregnant,

(ii) of the expected date of birth of her child

(iii) of her decision whether to exercise her entitlement under (b)

(b) Such a member shall be entitled to suspend her career break so that

Regulations 29 and 33(7) and the Secretary of State’s determinations thereunder

may apply to her

(c) Resumption of the career break in due course shall be subject to further

agreement between the chief officer and the member.

Determination April 2007

Annex OO page 2ANNEX P DETERMINATION

FOR REGULATION 33

SICK LEAVE

1) A member of a police force shall not be entitled to be absent from duty on account of

injury or illness unless a registered medical practitioner has certified him to be unfit

for duty:

Provided that a) with the consent of the police authority, a member may be so absent without

such certificate of unfitness where the period of unfitness for duty does not

exceed 7 days,including any day on which,even if he were fit to do so,he would

not have been required to perform police duty;

b) if, notwithstanding such certificate of unfitness for duty, a registered medical

practitioner appointed or approved by the police authority has examined the

member and considers him to be fit for duty, the police authority shall, if the

medical practitioner who issued the certificate of unfitness for duty agrees,

within 28 days of the difference of opinion coming to their attention arrange for

a third registered medical practitioner to examine the member and to report in

writing to the other two practitioners concerned; the third registered

practitioner shall be acceptable to the practitioner who issued the certificate of

unfitness for duty and to the practitioner who ha s examined the member on

behalf of the police authority, except that in the event of a failure to agree, the

police authority may appoint such third medical practitioner as it considers

appropriate; and if the third registered medical practitioner certifies the

member to be fit for duty, or if the medical practitioner who issued the

certificate of unfitness for duty does not agree to such further examination,the

member shall no longer be entitled to be absent from duty.

2) This determination applies to a member who is in quarantine as it applies to a

member who is ill and any reference to fitness or unfitness for duty shall be construed

accordingly.

3) PART-TIME MEMBERS

While a part-time member of the rank of constable or sergeant is entitled under this

determination to be absent from duty, any rostered shift counts, for the purposes of

Regulation 24(1) (pay) and any determination made thereunder, as a period of duty

of the same duration.

4) a) In this determination and determinations made under regulations 22 and 25,

“day”, in relation to members of a police force, means a period of 24 hours

commencing at such time or times as the chief officer shall fix and the chief

officer may fix different times in relation to different groups of members.

b) In discharging his functions under sub paragraph (a) above, the chief officer

shall have regard to the wishes of the joint branch board.

Determination April 2003

Annex P page 1ANNEX Q DETERMINATION

FOR REGULATION 33

LEAVE FOR THE PURPOSES OF ANTE-NATAL CARE

1) A female member who is pregnant and who, on the advice of a registered medical

practitioner, registered midwife or registered health visitor, has made an

appointment to attend at any place for the purpose of receiving ante-natal care shall,

subject to the following provisions of this determination, have the right not to be

unreasonably refused special leave from duty to enable her to keep the appointment.

2) Subject to paragraph (3), the chief constable shall not be required by virtue of this

determination to permit a female member to take special leave from duty to keep an

appointment unless,if he requests her to do so, she produces for his inspection a) a certificate from a registered medical practitioner, registered midwife or

registered health visitor stating that she is pregnant,and

b) an appointment card or other document showing that the appointment has been

made.

3) Paragraph (2) shall not apply where the female member’s appointment is the first

appointment during her pregnancy for which she seeks permission to take special

leave from duty in accordance with paragraph (1).

4) A period of special leave from duty taken in accordance with paragraph (1) shall be

treated as a period of duty.

Determination April 2003

Annex Q page 1ANNEX R DETERMINATION

FOR REGULATIONS 24 and 33

MATERNITY AND ADOPTION LEAVE

Part 1 – Maternity Leave

1) In this part of this determination:

“expected date of birth” means, subject to paragraph (4), the date given in

accordance with paragraph (2)(b);

“maternity leave”means leave taken in accordance with the provisions of this part by

a qualified member of a police force during the maternity period;

“maternity period”, in relation to such a member,means a fifteen month period which

is elected by the member and which falls wholly within the period which:

a) begins six months before the expected date of birth of the member’s child as

given under paragraph (2)(b) or,as the case may be,paragraph (4) and

b) ends 12 months after the date so given.

“qualified member” means a member of a police force who qualifies under

paragraph (2).

2) Subject to the following provisions of this part of this determination and part 3, a

female member of a police force qualifies for maternity leave when she has given to

the chief officer of police notice stating:

a) that she is pregnant;

b) the expected date of birth of her child;and

c) the date of which she intends to commence maternity leave or, where she

proposes to take more than one period of maternity leave, the proposed dates

of those periods.

3) A female member of a police force does not qualify for maternity leave where the

chief officer of police has requested a certificate from a registered medical

practitioner, registered midwife or registered health visitor setting out the matters

referred to in paragraph (2)(a) and (b) and she fails to produce such a certificate.

4) Where a certificate produced under paragraph (3) sets out a different date as the

expected date of the birth of the child of the female member of a police force from

the date given in accordance with paragraph (2)(b),the date given in the certificate

shall have effect in place of the date given in the notice.

5) A female member of a police force who is pregnant shall give the notice required by

paragraph (2) as soon as reasonably practicable after she becomes aware of the

expected date of birth of her child.

6) The date or dates given in accordance with paragraph (2)(c) may be amended by a

subsequent notice to the chief officer of police, provided that not less than 21 days’

notice is given of the qualified member’s intention to return to duty.

Determination January 2012

Annex R page 17) A qualified member shall commence maternity leave no later than the date given in

accordance with paragraph (2)(b) and, subject to paragraphs (8) and (9), the leave

shall continue until the last day of the maternity leave.

8) Where a qualified member intends to return to duty before the end of the maternity

period after taking maternity leave,she shall give to the chief officer of police not less

that 21 days’ notice of her intention.

9) A notice under paragraph (8) maybe subsequently revoked;and any such revocation

shall be without prejudice to the giving of another notice under that paragraph of an

intention to return to duty before the end of the maternity period.

10) During any period of maternity leave,a qualified member shall not be entitled to any

sick leave under regulation 33(2) and the determination on sick leave thereunder.

11) In paragraph (10)“period of maternity leave”means the period:

a) beginning on:

i) the date given in accordance with paragraph (2)(c) as the date on which

the qualified member intends to commence maternity leave or,where she

proposes to take more than one period of such leave, the first of those

dates,or

ii) where that date or, as the case may be, the first of those dates has been

amended by a subsequent notice under paragraph (6),that date;and

b) ending on:

i) where a notice has been given under paragraph (8) and has not been

subsequently revoked the date so given;or

ii) where no such notice has been given or remains in force,the last day of the

maternity period.

12) The first 52 weeks of maternity leave shall be treated as relevant service for the

purposes of calculating annual leave entitlement in accordance with determinations

made under regulation 33 (Annex O).

Part 2 – Adoption Leave

13) In this part of this determination:

“adoption leave”means any leave taken in accordance with the provisions of this part

“qualified member”means a member of the police force who qualifies for adoption

leave in accordance with the provisions of this part.

14) Subject to the following provisions of this part of this determination and part 3, a

member of a police force qualifies for adoption leave when the member has given

notice to the chief officer of police stating:

a) that the member has been matched with a child for adoption;

b) the date on which the child is expected to be placed with the member for

adoption;and

Determination January 2012

Annex R page 2c) the date on which the member intends to commence adoption leave.

15) A member of a police force must commence adoption leave within the period of 14

days ending with the date on which the child is expected to be placed with the

member as notified under paragraph (16)(b).

16) A notice under paragraph (16) must be given within 7 days of the member of a police

force being notified that they have been matched with a child for adoption.Where it

is not reasonably practicable for the member to give such notice within 7 days, the

notice should be given as soon as is reasonably practicable.

17) A member of a police force who is matched for adoption with a child who is a stepchild or foster-child of the member,and was previously living with the member,does

not qualify for adoption leave.

18) Where a couple are jointly adopting a child, a member of a police force does not

qualify for adoption leave if the other person in the couple is also taking adoption

leave whether in accordance with this part of this determination (where that other

person is also a member of a police force) or otherwise.

19) A qualified member who has, at the end of the week in which he is matched with a

child for adoption, service continuously as a member of a police force for less than

26 weeks is entitled to a one week’s adoption leave (“standard adoption lease”).

20) A qualified member who has at the end of the week in which he is matched with a

child for adoption served continuously as a member of a police force for a minimum

period of 26 weeks is entitled to 52 weeks’ adoption leave (“ordinary and additional

adoption leave”).

21) Where a qualified member is matched for adoption with more than one child at the

same time,this does not affect the member’s entitlement to adoption leave under this

part of this determination.

22) A qualified member intending to return to duty before the end of the period of

ordinary and additional adoption leave shall give the chief officer of police not less

than 28 days’ notice of the date on which the member intends to return.

23) A qualified member is entitled to be paid as respects the first week of adoption leave

at the member’s normal rate of pay but, subject to paragraphs (24),is not entitled to

be paid thereafter.

24) A qualified member who has service continuously as a member of a police force for

one year or more at the end of the week in which he is matched with a child for

adoption is entitled (in addition to the member’s entitlement under paragraph 23)to

be paid as respects the second to the 13th weeks of adoption leave at the member’s

normal rate of pay.

25) The pay to which a qualified member is entitled under paragraphs (23) and (24) shall

be reduced,in respect of any week for which the member receives statutory adoption

pay,by an amount equal to the statutory adoption pay that the member receives for

that week.

26) For the purposes of paragraphs (23)to (25):

a) “normal rate of pay”means the pay to which the qualified member in question

would be entitled if the member was not on adoption leave,and

Determination January 2012

Annex R page 3b) “statutory adoption pay” means any payment made in accordance with Part

XIIZB of the Social Security Contributions and Benefits Act 1992 or any later

enactment which replaces those provisions and is to the same or substantially

similar effect.

27) In the case of part-time member each day of paid adoption leave granted counts for

the purposes of the determinations made under regulation 24 (Annex F) as a period

of duty of 8 hours multiplied by the appropriate factor.

28) Adoption leave shall be treated as relevant service for the purposes of calculating

annual leave entitlement in accordance with determinations made under regulation

33 (Annex O).

Part 3 – Keeping in Touch Days

29)

a) A member of a police force on maternity leave or adoption leave may, at the

discretion of the member and with the agreement of the chief officer of police,

carry out duty on up to 10 days (“Keeping In Touch Days”) without bringing the

maternity leave or adoption leave to an end.

b) A Keeping In Touch Day shall not count towards the period in respect of which a

member of a police force is entitled to maternity pay in accordance with the

determination made under regulation 29 (Annex L), or to be paid in respect of

adoption leave in accordance with part 2 of this determination.

c) Subject to the provisions of the determination made under regulation 25 (Annex

G),duty on a Keeping In Touch Day shall be paid at an hourly rate calculated by

multiplying by 6/12520 the appropriate annual rate of pay for the member

concerned,

d) Where a member of a police force would be entitled to statutory maternity pay

or statutory adoption pay for any week but for the fact that a Keeping In Touch

Day falls in that week,neither the member’s statutory maternity pay or statutory

adoption pay (as the case may be) nor the member’s pay in respect of the

Keeping In Touch Day shall be reduced on account of the other.

e) For the purposes of sub-paragraph (d),“statutory maternity pay” has the same

meaning as in paragraph (6) of the determination made under regulation 29

(Annex L).

31)

a) In this determination and determinations made under regulations 22 and 25,

“day”, in relation to members of a police force, means a period of 24 hours

commencing at such time or times as the chief officer shall fix and the chief

officer may fix different times in relation to different groups of members.

b) In discharging his functions under sub paragraph (a) above, the chief officer

shall have regard to the wishes of the joint branch board.

Determination January 2012

Annex R page 4ANNEX S DETERMINATION

FOR REGULATIONS 24 and 33

MATERNITY SUPPORT LEAVE, ADOPTION SUPPORT LEAVE

AND PARENTAL LEAVE

Part 1 – Ordinary Maternity Support Leave and Ordinary Adoption Support Leave

1) So far as the exigencies of duty permit,a member of a police force who is the child’s

father,the partner or the nominated carer of an expectant mother shall be granted,if

the member so requires, two weeks’ ordinary maternity support leave at or around

the time of birth.

2) For the purposes of paragraph (1),a nominated carer is the person nominated by the

mother to assist in the case of the child and to provide support to the mother at or

around the time of birth.

3) So far as the exigencies of duty permit, a member of a police force who is an

adopter’s spouse or partner shall be granted,if the member so requires,two weeks’

ordinary adoption support leave at or around the time of adoption.

4) A member of a police force on ordinary maternity support leave or ordinary adoption

support leave is entitled to be paid at the member’s normal rate of pay as respects

the first week of any such leave, but, subject to paragraph (5), is not entitled to be

paid thereafter.

5) A member of a police force who has served in that or another force for a continuous

period of at least 26 weeks ending with:

a) the week immediately preceding the 14th week before the expected week of

the child’s birth (in the case of a member on ordinary maternity support leave),

or

b) the week in which the adopter is matched with a child for adoption (in the case

of a member on adoption support leave)

is entitled to be paid as respects the second week of any such leave at the statutory

paternity pay rate.

6) The pay to which a member of a police force is entitled under paragraphs (5) and (6)

shall be reduced, in respect of any week for which the member receives statutory

paternity pay, by an amount equal to the statutory paternity pay that the member

receives for that week.

7) For the purposes of paragraphs (6) and (7), “statutory paternity pay” means any

payment made in accordance with Part XIIZA of the Social Security Contributions and

Benefits Act 1992 or any later enactment which replaces those provisions and is to the

same or substantially similar effect, and the“statutory paternity pay rate” is the rate

of such payment applicable to the member of the police force in question.

8) In the case of apart-time member,each day of paid ordinary maternity support leave

or paid ordinary adoption leave counts for the purposes of regulation 24(1) and the

determination thereunder as a period of duty of 8 hours multiplied by the

appropriate factor.

Determination April 2007

Annex S page 19) In this part of this determination and in determinations made under regulations 22

and 25,“day”, in relation to members of a police force, means a period of 24 hours

commencing at such time or times as the chief officer shall fix and the chief officer

may fix different times in relation to different groups of members.

10) In discharging his functions under paragraph (9) above, the chief officer shall have

regard to the wishes of the joint branch board.

11) Leave taken as ordinary maternity support leave or ordinary adoption support leave

shall be treated as relevant service for the purposes of calculating annual leave

entitlement in accordance with determinations made under regulation 33 (Annex O).

Part 1A-Additional Maternity Support Leave and Additional Adoption Support Leave

11A)Without prejudice to Part 1 of this determination,and so far as the exigencies of duty

permit,a member of a police force who:

a) satisfies the conditions specified in paragraph (11B);and

b) complies with the requirement specified in paragraph (11C),

shall be granted additional maternity support leave or additional adoption support

leave (as the case may be)for the purposes of caring for a child.

11B) The conditions are that:

a) the member is the father of the child,or the spouse or partner of the mother or

adopter of the child;

b) the member is taking leave to care for the child and has, or expects to have,

responsibility for the child;

c) the member has served in that or another police force for a continuous period

of at least 26 weeks ending with:

i) the week immediately preceding the 14th week before the expected week

of the child’s birth (in the case of additional maternity support leave),or

ii) theweekinwhichtheadopter ismatchedwiththechildfor adoption(inthe

case of additional adoption support leave);

d) the member remains a member ofthepolice force untiltheweekbefore the first

week of additional maternity support leave or additional adoption support

leave;

e) the mother or adopter of the child:

i) has been in receipt of statutory maternity pay, statutory maternity

allowance or statutory adoption pay,

ii) has returned to work before the commencement of the additional

maternity support leave or additional adoption support leave,and

iii) has not exercised the full entitlement to maternity or adoption leave;and

f) the child is due to be born on or after 3rd April 2011 (in the case of additional

maternity support leave),or the adopter was notified of a match for adoption on

Determination April 2007

Annex S page 2or after 3rd April 2011 (in the case of additional adoption support leave).

11C)The requirement is that the member gives the chief officer eight weeks’notice of the

member’s intention to take any part of the additional maternity support leave or

additional adoption support leave to which the member is entitled.For the purposes

of this paragraph the notice required is notice which:

a) is given in writing;

b) specifies:

i) the name of the member,

ii) the week in which the mother was expected to give birth (in the case of

additional maternity support leave) or the date on which the adopter was

notified of a match for adoption (in the case of additional adoption support

leave),

iii) the date on which the child was born (in the case of additional maternity

support leave) or placed for adoption (in the case of additional adoption

support leave),

iv) the dates on which the period of leave is to begin and end;

c) contains a declaration by the member stating:

i) that the purpose of the leave will be to care for the child,and

ii) that the member satisfies the conditions in paragraph (11B)(a) and (b);and

d) contains a declaration by the mother or adopter (as the case may be) stating:

i) the mother or adopter’s name,address and National Insurance number,

ii) the date the mother or adopter intends to return to work,

iii) that the member satisfies the conditions in paragraph (11B)(a) and (b),

iv) that the member is the only person exercising an entitlement to leave

under this part of this determination,or to additional paternity leave under

theAdditional Paternity LeaveRegulations 2010,in respect ofthe child,and

v) that the mother or adopter consents to the chief officer processing the

information contained in the declaration.

11D)Additional maternity support leave or additional adoption support leave:

a) maybe taken at any timewithin theperiodwhichbegins 20weeks after thedate

on which the child is born (in the case of additional maternity support leave) or

placed for adoption (in the case of additional adoption support leave) and ends

52 weeks after that date;

b) may be taken for a minimum period of two weeks and a maximum period of 26

weeks;and

c) must be taken in multiples of complete weeks and, subject to paragraph (11E),

must be taken as one continuous period.

Determination April 2007

Annex S page 311E)A member on additional maternity support leave or additional adoption support

leave:

a) may, in exceptional circumstances, be recalled to duty during the period of

leave;and

b) shall be entitled to ten “Keeping In Touch Days” in accordance with paragraph

29 ofAnnex R (Maternity Leave andAdoption Leave),and the references in subparagraph (d) of that paragraph to statutory maternity py or statutory adoption

pay shall be read as references to additional statutory paternity pay within the

meaning of Part XIIZA of the Social Security Contributions and Benefits Act 1992.

11F) In a case where the mother or adopter dies before the end of the period of 52 weeks

beginning with the date on which the child is born (in the case of additional maternity

support leave) or placed for adoption (in the case of additional adoption support

leave):

a) a member who has given notice in accordance with paragraph (11C) may vary

the dates on which the period of leave is to begin or end;and

b) the leave may be for a minimum period of two weeks and, notwithstanding

paragraph (11D)(b),a maximum period of 52 weeks.

11G)Leave taken as additional maternity support leave or additional adoption support

leave shall be treated as relevant service for the purposes of calculating annual leave

entitlement in accordance with determinations made under regulation 33 (Annex O).

Part 2 – Parental Leave

12) A member of a police force who:

a) has served continuously for a period of not less than a year;and

b) has,or expects to have, responsibility for a child,

is entitled,in accordance with this determination,to be absent from work on parental

leave for the purpose of caring for that child.

13) A member has responsibility for a child,for the purposes of paragraph (12),if:

a) he has parental responsibility for the child;or

b) he has been registered as the child’s father under any provision of section 10(1)

or 10A(1) of the Births and Deaths Registration Act 1953.

14) Subject to paragraph (15) below a member is entitled to thirteen weeks’ leave in

respect of any individual child.

15) A member is entitled to eighteen weeks’ leave in respect of a child who is entitled to

receive a disability living allowance.

16) Where the period for which a member is normally required to do duty in the course

of a week does not vary, a week’s leave for the member is a period of absence from

duty which is equal in duration to the period for which he is normally required to do

duty.

Determination April 2007

Annex S page 417) Where the period for which a member is normally required to do duty in the course

of a week varies from week to week or over a longer period,or where he is normally

required to work in some weeks but not in others,a week’s leave for the member is a

period of absence from duty which is equal in duration to the period calculated by

dividing the total of the periods for which he is normally required to do duty in a year

by 52.

18) Where a member takes leave in periods shorter than the period which constitutes for

him,a week’s leave under whichever of paragraphs (16) and (17)is applicable in his

case,he completes a week’s leave when the aggregate of the periods of leave he has

taken equals the period constituting a week’s leave for him under the applicable

paragraph.

19) Except in the cases referred to in paragraphs (20) and (21), a member may not

exercise any entitlement to parental leave in respect of a child after the date of the

child’s 5th birthday or,in the case of a child placed with the member for adoption by

him,on or after:

a) the 5th anniversary of the date on which the placement began,or

b) the date of the child’s 18th birthday,

whichever is the earlier.

20) In the case of a child:

a) born before 15th December 1999,whose 5th birthday was or is on or after that

date,or

b) placed with the member for adoption by him before 15th December 1999, the

5th anniversary of whose placement was or is on or after that date,

not being a case to which paragraph (21) applies, any entitlement to parental leave

may not be exercised after 31st March 2005.

21) In the case of a child who is entitled to a disability living allowance, any entitlement

to parental leave may not be exercised on or after the date of the child’s 18th birthday.

22) A member of a police force shall give notice to the chief officer of his intention to take

any part of the parental leave to which he is entitled. For the purposes of this

paragraph,the notice required is notice which:

a) specifies the dates on which the period of leave is to begin and end;and

b) is given to the chief officer at least 21 days before the date on which that period

is to begin.

23) As far as the exigencies of duty permit, the chief officer shall grant the member

parental leave where notice has been given in accordance with paragraph (22)

above.

Determination April 2007

Annex S page 5ANNEX T DETERMINATION

FOR REGULATION 33

TIME OFF FOR DEPENDANTS

1) A member of a police force is entitled to be permitted by his chief officer to take a

reasonable amount of time off during his normal duty periods in order to take action

which is necessary:

a) to provide assistance on an occasion when a dependant falls ill,gives birth or is

injured or assaulted,

b) to make arrangements for the provision of care for a dependant who is ill or

injured,

c) in consequence of the death of a dependant,

d) because of the unexpected disruption or termination of arrangements for the

care of a dependant,or

e) to deal with an incident which involves a child of the member and which occurs

unexpectedly in a period during which an educational establishment which the

child attends is responsible for him.

2) Paragraph (1) does not apply unless the member:

a) tells his chief officer the reason for his absence as soon as reasonably

practicable,and

b) except where paragraph (a) cannot be complied with until after the member has

returned to duty,tells his chief officer for how long he expects to be absent.

3) Subject to paragraphs (4) and (5), for the purposes of this section “dependant”

means,in relation to a member of a police force:

a) a spouse,

b) a child,

c) a parent,

d) a person who lives in the same household as the member, otherwise than by

reason of being his employee,tenant,lodger or boarder.

4) For the purposes of paragraphs (1)(a) or (b)“dependant”includes,in addition to the

persons mentioned in paragraph (3), any person who reasonably relies on the

member:

a) for assistance on an occasion when the person falls ill or is injured or assaulted,

or

b) to make arrangements for the provision of care in the event of illness or injury.

5) For the purposes of paragraph (1)(d) “dependant” includes, in addition to the

persons mentioned in paragraph (3), any person who reasonably relies on the

member to make arrangements for the provision of care.

6) A reference in this determination to illness or injury includes a reference to mental

illness or injury.

7) Leave taken as time off for dependants shall be treated as duty.

Determination April 2003

Annex T page 1REGULATION 34

A