Adoption leave policy
Introduction
The adoption leave and pay policy complies with statutory requirements and offers enhanced benefits depending on an employee’s length of service.
An employee who adopts a child may be entitled to Statutory Adoption Leave once the eligibility criteria and notice requirements are met.
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Eligibility and notice requirements
To qualify for adoption leave and pay employees must
- be newly matched with a child by an adoption agency
- have 26 weeks continuous service in the Commission before the beginning of the week when they are matched for with a child ('matching week')
- within seven days of being matched with a child the line manager or HR must be notified in writing of the intention to take adoption leave. The notice should confirm:
- when the child is expected to be placed
- the intended adoption leave start date. This may be changed at a later date once 28 days notice is given
- submit a ‘Matching Certificate’; this is available from the adoption agency. The adoption agency must be recognised in the UK.
- Once the above information has been received, HR will contact the individual confirming the details of their adoption leave in writing.
- Entitlement to adoption leave applies to a “new placement” of a child and does not apply to step-family adoption or adoption by a child’s existing carer.
- When a couple adopts a child, only one parent is entitled to adoption leave and pay and is considered the primary carer. The other partner may be entitled to paternity leave.
- To qualify for Statutory Adoption Pay an employee must earn an average weekly amount that is equal or more than the lower limit for National Insurance Contributions.
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Adoption leave
Statutory Adoption Leave is 52 weeks made up of 26 weeks of ordinary adoption leave followed by 26 weeks of additional adoption leave.
Adoption leave may commence from the date of the child’s placement or from an agreed date which can be up to two weeks before the expected date of placement. Adoption leave can start on any day of the week.
Only one period of leave is given irrespective of the number of children adopted at the same time.
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Adoption pay
Adoption pay starts on the first day of adoption leave. In addition to Statutory Adoption Pay the Commission offers an additional Company Adoption Pay scheme for staff with longer service.
There are 3 adoption pay categories:
Less than 26 weeks continuous service at 'matching week'
Staff in this category are not eligible for adoption leave or pay.
Employees in this category should contact their local authority to find out about other financial support available.
Between 26 weeks and one year's service at 'matching week'
Individuals will receive:
- six weeks pay at 90% of your earnings (based on average weekly earnings)
- 33 weeks at the lower rate of Statutory Adoption pay (SAP). SAP is paid at the same rate as Statutory Maternity Pay (SMP)
- the final 13 weeks is unpaid.
More than one year's service at 'matching week'
Individuals will receive:
- nine weeks pay at 90% of your earnings (based on average weekly pay)
- 17 weeks at half pay plus SAP
- 13 weeks at SAP
- the final 13 weeks are unpaid
Staff have the option of receiving Statutory Adoption Pay only during their adoption pay and receiving the additional Company Maternity Pay element as a lump.
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Additional information
Terminated places
If the placement ends during the adoption leave period, eight weeks’ leave after the end of the placement may be taken.
Critical appointments
Employees who are entitled to Adoption leave and pay are also entitled to take reasonable time off to attend critical appointments/meetings relating to the adoption. Evidence of appointments should be provided where possible and should be discussed in advance with the line manager.
Overseas adoptions
Different rules apply for overseas adoptions. Employees adopting a child from overseas should contact the HR department.
Annual leave
Annual leave, bank holidays and concessionary days will continue to accrue during adoption leave.
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Pension
If you are a member of the Commission’s pension scheme deductions from your adoption pay will continue at the applicable employee contribution rate during any paid leave.
On your return to work you can make up any gap by paying extra contributions within 30 days to bridge the unpaid period. In this case, the Commission would pay employer contributions based on ‘normal’ pay, the employee contribution would be based on the applicable employee contribution rate as a percentage of company adoption pay/and or statutory adoption pay which applied immediately before you stopped receiving pay.
Staff eligible for adoption leave, but not adoption pay may elect to bridge the unpaid adoptionleave period at the applicable employee contribution rate as a percentage of their ‘normal’ pay.
Contact during adoption leave
During the adoption leave period, the Commission may make reasonable contact with an employee and, in the same way, an employee may make contact with the Commission. Contact may include; updating an employee on workplace changes or informing them of promotional opportunities or job vacancies.
Arrangements for keeping in contact should be made with the line manager and/or HR prior to commencing adoption leave.
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Keeping-in-touch days
Staff have the option to attend work for up to a maximum of 10 days during their adoption leave. These are known as ‘Keeping-in-touch days (KIT Days)’ and do not affect adoption leave entitlement. ‘Keeping-in-touch’ days allow individuals to attend work to undertake training activities or relevant work activities and events and are paid at the individual’s normal rate of pay.
These days are not compulsory and there is no obligation on either party to arrange or agree these.
Notice of return to work
The return to work date will be set as 52 weeks after the commencement of adoption leave.
Should the individual wish to return to work before this or earlier than the date originally specified, eight weeks notice in writing must be given outlining the intended return to work date.
If the required notice is not given the Commission may delay the return until eight weeks notice has been given, but not later than the end of the 52 weeks adoption leave period. An individual whose return has been postponed is not entitled to be paid if they return to work during the period of postponement.
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Returning to work
An employee is entitled to return to the same job on the same terms and conditions if they return to work either during or at the end of Ordinary Adoption Leave.
If an employee returns to work during or at the end of Additional Adoption Leave they are entitled to return to the same job or if this is not reasonably practical, to a similar suitable job under the same terms and conditions.
Employees who wish to vary their work patterns on return from Adoption Leave should refer to the Flexible Working Policy for further details. All requests will be reviewed sympathetically in line with business needs.
Individuals are unable to return to work at the end of adoption leave, due to sickness, must produce a medical certificate, and if they continue to be unfit to return to work, the Sickness Absence Policy will apply.
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Not returning to work
Individuals who do not wish to return to the Commission after adoption leave must give notice of termination as detailed in their contract of employment.
Individuals who receive Company Adoption Pay must return to work for a period of three months. If this is not adhered to the individual will be required to reimburse the Commission the difference between Statutory Adoption Pay and Company Statutory Pay paid.
June 2011
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Date Updated: 02/08/11