Civil Service maternity, paternity and shared parental leave

Civil Service parental leave has two layers. The law gives every eligible employee the statutory rights, and each department adds occupational pay on top under the conditions in the Civil Service management code. The central guidance for civil servants says staff may be topped up to full pay for the first 26 weeks of maternity leave, and some departments pay for longer. What you get depends on your department’s own policy.

Maternity leave

An employee has 52 weeks of maternity leave as a day-one right. You can start it 11 weeks before the due date, and you must take at least two weeks after the birth (four for manual workers). Statutory Maternity Pay lasts up to 39 weeks, and unlike the leave it is not a day-one right, because you must meet eligibility conditions. Our maternity leave and pay guide covers the statutory rules.

The management code sets the minimum a department must offer. It includes paid maternity leave of at least three months and one week for monthly-paid staff, for those who intend to return and have at least a year’s service. Statutory pay is offset against it, and qualifying staff can have unpaid leave on top. The code is the November 2016 text, so most departments pay more than this floor.

Paternity leave

Paternity leave is available to the partner of the person giving birth, whatever their gender. In Great Britain, you can take one or two weeks within 52 weeks of the birth. The central guide says most civil servants are entitled to full pay on paternity leave, and the code requires at least two weeks’ paid paternity leave for qualifying staff. Your department may offer more than two weeks. See the paternity leave guide for the statutory side.

Shared parental leave

Shared parental leave lets parents share the leave and pay that would have been maternity leave. The mother ends her maternity leave early, and the untaken weeks become shared leave. The central guide gives these points:

• a maximum of 50 weeks of leave, or 48 if the mother is a manual worker
• up to three applications, each normally a single block, with more periods if your manager agrees
• eight weeks’ notice for each period
• up to 20 shared parental leave in touch days each, not reduced for part-time staff

The code says departments pay shared parental pay at the same occupational rate as maternity pay, for staff with a year’s service who intend to return. If both parents are civil servants and qualify, the guide says they have a total of 26 weeks of full pay between them, unless a department offers more. See shared parental leave for the statutory rules.

What your department decides

The code leaves maternity pay and shared parental pay to departments, so these points vary:

• how many weeks of full pay, and how many at half pay or statutory rate
• the length of service you need
• repayment terms if you do not return
• paternity pay beyond the statutory minimum
• paid time off for antenatal appointments

The central guide says the pregnant employee has the right to reasonable paid time off for antenatal appointments, and that you should check whether your department pays for a partner’s time off.

What to check before you plan

• your department’s maternity, paternity and shared parental leave policies
• the service you need by the qualifying date for occupational pay
• how annual leave builds up during leave
• how your pension is treated, covered in Civil Service benefits
• whether a move to another department would change your terms

Plan dates early, because the notice rules for shared parental leave are strict. Your HR team or shared services centre can confirm figures, and your union can advise if you think a policy has been applied wrongly.