GDPR: Model maternity, paternity, adoption and parental leave documents now compliant
Our model maternity, paternity, adoption and parental leave policies and documents have been updated to comply with the General Data Protection Regulation (GDPR), which is in force from 25 May 2018.
What other model documents have been updated for the GDPR?
We have previously revised our model documents in these areas:
- Health and safety
- Right to request flexible working
- Time off work
- Retirement
- Bribery
- Whistleblowing
- Disciplinary procedures
- Grievance procedures
- Underperformance procedures
Look out in the coming weeks for more updates to our model policies and documents to make them GDPR-compliant.
The introduction of the GDPR means that employers should review their documentation to ensure that: data protection and privacy considerations are embedded; only the minimum amount of personal data is collected and processed for a specific purpose; there is a legal basis for processing personal data; and individuals whose personal data is being processed are provided with privacy notices.
Employers will be gathering large amounts of personal data when managing maternity leave, paternity leave, adoption leave, shared parental leave and ordinary parental leave.
While employers will be processing this personal data to comply with their legal obligations, they should embed the GDPR principles in their family-friendly policies and procedures. One way for employers to do this is to add a reminder to their policies on maternity leave, paternity leave, adoption leave, shared parental leave and ordinary parental leave of the safeguards that are place when personal data is processed under these procedures.
It is also a good idea to explain early in the process (for example in the first form that the employee completes to apply for the leave) how personal data will be treated and to refer to an employee privacy notice for more details.
Employers should be particularly careful as to how they process information gathered when managing maternity leave and pay. By its very nature, this information will often constitute "health data", which falls within the special categories of personal data under the GDPR. For example, the fact that an employee is pregnant and her expected week of childbirth (EWC) relate to health.
We have therefore updated the following model documents on family-friendly rights to take account of the GDPR:
Pregnancy and maternity leave and pay
- Maternity leave policy
- Form for notification of employee's intention to take maternity leave
- Letter responding to employee who has notified intention to take maternity leave
- Letter inviting new or expectant mother to meeting to discuss removing or reducing health and safety risks
- Letter inviting employee to meeting to discuss request to return from maternity leave on part-time basis
Paternity leave and pay
- Paternity leave policy (for births/adoptions before 6 April 2024)
- Form for employee to request paternity leave and pay (birth before 7 April 2024)
- Letter responding to request for paternity leave confirming leave entitlement (birth)
- Letter responding to request for paternity leave in birth situation confirming leave entitlement but not pay
- Form for employee to request paternity leave and pay (adoption within UK before 6 April 2024)
- Letter responding to request for paternity leave confirming leave entitlement (adoption within UK)
- Letter responding to request for paternity leave in UK adoption situation confirming leave entitlement but not pay
Adoption leave and pay
- Adoption leave policy (adoption within UK)
- Adoption leave policy (adoption from overseas)
- Form for notification of employee's intention to take adoption leave (adoption within UK)
- Form for employee to provide notification of intention to take adoption leave (adoption from overseas) - part one
- Form for employee to provide notification of intention to take adoption leave (adoption from overseas) - part two
- Form for employee to provide notification of intention to take adoption leave (adoption from overseas) - part three
- Letter responding to employee who has notified intention to take adoption leave
- Letter inviting employee to meeting to discuss request to return from adoption leave on part-time basis
Shared parental leave and pay
- Shared parental leave policy (birth)
- Shared parental leave policy (adoption)
- Form for mother to curtail their maternity leave for purpose of shared parental leave
- Form for mother to provide notice of entitlement and intention to take shared parental leave
- Form for partner to provide notice of entitlement and intention to take shared parental leave
- Form for adopter to curtail their adoption leave for purpose of shared parental leave
- Form for adopter to provide notice of entitlement and intention to take shared parental leave (adoptions within the UK)
- Form for adopter to provide notice of entitlement and intention to take shared parental leave (adoptions from overseas)
- Letter confirming continuous period of shared parental leave
- Letter agreeing to discontinuous periods of shared parental leave
- Letter inviting employee to meeting to discuss request for discontinuous periods of shared parental leave
Ordinary parental leave
- Ordinary parental leave policy
- Form for employee to make request for ordinary parental leave
- Letter to employee confirming that they are taking ordinary parental leave