ADOPTIONLEAVE PROCEDURE

ADOPTION LEAVE

  1. Introduction
  2. Scope
  3. Eligibility for Leave
  4. Eligibility for Pay
  5. Statutory Adoption Pay (SAP)
  6. Occupational Adoption Pay (OAP)
  7. Time Off Prior to Adoption
  8. Commencement of Adoption Leave
  9. Application Process
  10. Protection During Adoption Leave
  11. Returning From Adoption Leave
  12. Pension During Adoption Leave
  13. Annual Leave and Adoption
  14. Return to Work
  15. Keeping in Touch Days
  16. Adoption Leave and Shared Parental Leave
  17. Maintaining Contact During Adoption Leave
  18. Links to Other Procedures

1.0INTRODUCTION

1.1This guide aims to clarify and outline the entitlements to adoption leave and pay for employees of Six Town Housing. It also applies for those undertaking surrogacy arrangements where there is a biological relationship with the child or an intention to make a Parental Order application. For specific information relating to your own personal situation please contact the Human Resources team.

1.2This guidance is updated when there are any changes in legislation or local arrangements; it is therefore advisable to check that these are the most up to date details.

1.3As your employer, it helps us to support you throughout your adoption if we are aware that you are hoping to adopt a child or are in a surrogacy arrangement as soon as possible. It will ensure that you receive your full entitlement to paid/unpaid time off for ante-natal appointments. It also gives us the maximum time to calculate your benefits and arrange cover for your post whilst you are on adoption leave.

2.0SCOPE

2.1Adoption leave and pay will be available to:

  • Individuals who adopt
  • One member of a couple where a couple adopt jointly (the couple may choose which partner takes adoption leave regardless of gender)
  • One of the intended parents in a surrogacy case. Where a child is born to a surrogate mother, the intended parents can become the child’s legal parents by applying for a parental order. One of the intended parents must be the biological parent of the child, the child must live with the intended parents and the parental order application must be made when the child is between 6 weeks and 6 months old.
  • An approved prospective adopter who looks after a child as part of a “fostering to adopt” arrangement, where they have been notified of a child’s placement.

2.2The partner (male or female) of an individual listed in 2.1 may be entitled to Paternity Leave and pay.

2.3This procedure should be read in conjunction with the Shared Parental Leave procedure which provides parents with more flexibility in how to share the care of their child during the first year. Adopters can opt to curtail their adoption leave early and to share the remaining leave and pay entitlement with their partner. This enables parents to choose to be off work at the same time and/or take it in turns to have periods of leave to look after their child.

2.4This procedure does not form part of any employee’s contract of employment

3.0ELIGIBILITY FOR LEAVE

3.1Employees are statutorily entitled to a total of 52 weeks leave, regardless of length of service. This is made up of Ordinary Adoption Leave (OAL) for 26 weeks and Additional Adoption Leave (AAL) for 26 weeks.

3.2To qualify for Adoption leave an employee will

  • have been newly matched with a child for adoption by an approved adoption agency and have agreed to take the child, or
  • are or expect to be the parent of a child under a parental order in a surrogacy arrangement, or
  • will be an approved prospective adopter who looks after a child as part of a “fostering to adopt” arrangement and have been notified of a placement.

4.0ELIGIBILITY FOR PAY

4.1To qualify for paid leave an employee must have worked for Six Town Housing continuously for 26 weeks by the “Qualifying Week” (beginning on Sunday) in which they are

  • notified of being matched with a child within the UK for adoption, or
  • in which official notification was received of a child from overseas, or
  • since their employment commenced, whichever is the latter

5.0STATUTORY ADOPTION PAY (SAP)

5.1Statutory Adoption pay is a state benefit for employees on adoption leave. The conditions relating to payment and the rates of pay are determined by government but it is paid by the employer.

5.2From April 2015

  • the first 6 weeks of Adoption leave are paid at 90% of the employee’s average earnings, followed by
  • the Standard rate or 90% of the employee’s average earnings if this is less, for 33 weeks.

5.3To qualify an employee must have:

  • completed at least 26 weeks of continuous service with the company by the Qualifying week and
  • have average earnings above the lower earnings limit for National Insurance contributions purposes during the eight week period ending with the week in which the employee is notified of being matched with the child for adoption, and
  • have followed the application procedure set out in section 9

5.4All eligible employees will receive SAP whether or not they intend to return to work after Adoption Leave.

6.0OCCUPATIONAL ADOPTION PAY

6.1Enhanced adoption pay known as Occupational Adoption Pay (OAP) is provided by STH to employees who intend to return to work after Adoption leave. To qualify you must

  • have completed at least 26 weeks continuous service* by the Qualifying Week and
  • have followed the application procedure set out in section 9, informing the company in writing that you intend to return to work at the end of the period of Adoption leave for at least 12 weeks (excluding sickness absence and extended unpaid leave), you will qualify for OAP.

OAP Pay will be based on:

  • 6 weeks at 90% of your full contractual rate of pay followed by
  • 12 weeks at half pay plus any SAP due but subject to normal full pay not being exceeded and
  • a further 21 weeks at standard rate SAP

* Previous service with a Local Authority (or related organization) will count towards entitlement UNLESS service has been broken for any reason other than pregnancy. If you are unsure of your entitlement related to this paragraph please speak to the Human Resources team.

7.0TIME OFF PRIOR TO ADOPTION

7.1Eligible employees and agency workers with 12 week’s continuous service are entitled to time off prior to adoption.

7.2Where a couple are both adopters of the child, only one of them can take paid time off for these appointments. The main adopter will be entitled to take paid leave for up to five adoption appointments where these are arranged by, or at the request of the adoption agency for the purpose of having contact with the child or for any other purpose connected with the adoption. Each appointment may last up to 6.5 hours.

7.3The main adopter’s partner (where his or her partner is adopting the child jointly) will be entitled to unpaid time off for up to two such adoption appointments, each appointment may last up to 6.5 hours.

If only one of the couple is officially adopting the child, only the adopter is entitled to time off to attend adoption meetings.
Dual approved prospective adopters may be eligible for adoption leave and pay – refer to Government website for more details.

7.4If an employee is eligible for and elects to take paid time off to attend adoption appointments they will not be able to take paternity leave in relation to the adoption of that child. It is, therefore, likely that the person who takes paid time off work to attend adoption appointments will also take adoption leave and pay

7.4The employee must produce documentation giving details of the appointment date and time and discuss their request with their line manager.

8.0COMMENCEMENT OF ADOPTION LEAVE

8.1For adoptions within the UK leave can be taken either

  • from the date of the placement, or
  • no more than 14 days prior to the date of placement

8.2For adoptions from overseas leave can be taken either

  • from the date the child enters the UK, or
  • no more than 28 days after the child has entered the UK

9.0APPLICATION PROCESS

9.1Employees are expected to inform their line manager and HR that they are going through the process to adopt a child as soon as possible. In the case of surrogacy arrangements, there is also an expectation that employees will inform their line manager that they are undertaking surrogacy arrangements where there is a biological relationship with the child or an intention to make a Parental Order application.

9.2For adoptions within the UK the member of staff must:

  • inform their line manager and HR and
  • complete Form AL1 “Notice of intention to take Adoption leave” and attach the matching certificate (provided by the adoption agency) within 7 days of being notified by their adoption agency that they have been matched with a child for adoption

9.3For adoptions from overseas a member of staff must:

  • inform the line manager and HR and
  • within 28 days of receiving their official notification and confirm the date the child is due to enter the UK
  • complete Form AL1 “Notice of intention to take Adoption leave” at least 28 days prior to adoption leave starting

9.4HR will confirm in writing within 10 working days the terms of the Adoption leave and the date on which the employee is expected to return to work.

9.5Employees wishing to change the start date of their adoption leave must give their line manager at least 28 days’ notice if reasonably practicable.

10.0 PROTECTION DURING ADOPTION LEAVE

10.1An employee’s employment rights are protected during adoption leave, e.g. pay scales and right to return to the same job. Periods of unpaid adoption leave may have some effect on benefits (e.g. pension) but will not affect continuous service.

10.2Periods of adoption leave are counted as periods of continuous employment. Employees are entitled to the benefit (and bound by) their normal terms and conditions of employment, except for terms relating to salary, throughout the 52 week period of Ordinary and Additional Adoption leave.

11.0RETURNING FROM ADOPTION LEAVE

11.1You may return to work at any time during your adoption leave entitlement.

11.2No notification is required if you intend to return to work at the end of Adoption Leave (52 weeks). However, if you choose to return before the end of the 52 weeks, you must give 8 weeks’ notice of your new return to work date in writing to Human Resources.

11.3Where insufficient notice is given your department may postpone your return to work until either the 8 weeks’ notice has elapsed or the end of your adoption leave, whichever is the earlier. If you do attempt to return to work before the end of your notice period without agreement then STH can refuse to pay you until the required notice period has elapsed.

12.0PENSION DURING ADOPTION LEAVE

12.1If you are a member of the Local Government Pension scheme, your pension rights will continue during your period of paid adoption leave absence (up to 9 months) and, in line with the LGPS Regulations, you will be required to make pension contributions on the adoption pay that you receive during this paid period of absence.

12.2If you then go on to take some unpaid additional child related leave (including adoption leave during the last 3 months of your entitlement), you won’t build up any pension benefits. But if you wish to, you can catch up on the lost benefits by paying additional pension contributions (APCs) and we will share the cost with you by paying 2/3 of the cost. But you only have 30 days from returning to work to take up this option. If you choose to pay APCs outside this deadline, you will have to pay the full cost. APC’s may therefore help you to avoid a break in pensionable service.

If you are a member of the Local Government Pension Scheme further information can also be found on their website at

12.3If you wish to speak to someone further regarding pensions contact our pensions officer in the payroll section at Bury Council on 0161-253-5014 or contact the pensions helpline at GMPF on 0161 301 7000

13.0ANNUAL LEAVE AND ADOPTION

13.1Before a period of adoption leave commences you will be expected to take any annual leave that has accrued up to the date of adoption leave commencing. There is no right to save leave up prior to an adoption period commencing and carry it forward if it can be taken before the commencement of adoption leave. Exceptions may be agreed for business need or if there are unforeseen circumstances such as illness triggering the adoption leave period.

13.2During adoption leave you will continue to accrue annual leave entitlement in the same way as if you were in work or absent due to illness. However you cannot take “annual leave” while off on adoption leave. Accrued annual leave will be carried forward during the adoption leave period even if it spans two holiday years, to be taken after you return to work.

13.3Leave that is accrued during the adoption leave period can be taken to delay your actual return to work (subject to your line manager’s agreement). If you wish to take annual leave before you return to work, you must write to tell us your return to work date at least 8 weeks before it occurs (see 11.2 above) and then you must contact your line manager to request annual leave in the normal way. Your line manager will consider the business implications of leave being taken and may grant some, all or none of the leave, depending on circumstances in the team at that time.

13.4You will also be entitled to accrue any fixed holidays such as Bank Holidays that fall during your ordinary and additional adoption leave. These fixed holidays will be treated as annual leave for this purpose and be taken along with accrued annual leave after the adoption leave period has ended.

13.5If you do not return to work after the adoption leave period and resign from employment, a payment in lieu of untaken annual leave and accrued public holiday entitlement will be made.

14.0RETURN TO WORK

14.1You will be entitled to return to the job in which you are now employed on the same benefits, terms and conditions, or one with no less favourable terms and conditions if it is genuinely not reasonably practical for you to return to your former job.

14.2If you wish to return to work on a job share or part time basis, it is important that you follow the company’s Flexible Working Procedure and put your request in writing to your Line Manager at the earliest opportunity.

If your line manager agrees to you returning to work on a part time or job share basis and you received Occupational Adoption Pay, you will be entitled to retain the 12 weeks half pay that you received during your adoption leave, as long as you work for at least 3 months following your return. Please note that any annual leave taken does not count as “work” for the purpose of calculating the 3 month period.

15.0KEEPING IN TOUCH DAYS (KIT DAYS)

15.1During your adoption leave, you may work for up to 10 days without bringing your adoption leave to an end These are referred to as “Keeping in Touch” (KIT) days.

However, you may not work during the compulsory adoption leave period (the two weeks following the birth).

15.2KIT days are not compulsory but can be beneficial for you as they allow you to attend meetings or attend training session, etc. and keep in touch with what is going on at work. They must be arranged by mutual agreement between you and your line manager. Any work done under your contract will count as a whole KIT day.

15.3Work carried out on KIT days is paid at your contractual rate of pay for the hours actually worked. If a KIT day is worked during a period you receive SMP, you shall receive your contractual rate for the day (for the hours that you have worked). NB this is inclusive of SMP for the day.

15.4Any ‘keeping in touch days’ you work do not extend your period of adoption leave. Once the 10 days are used, you will lose a week’s adoption pay for any week in which you work.

16.0ADOPTION LEAVE AND SHARED PARENTAL LEAVE

16.1Shared Parental Leave (SPL) is a new legal entitlement for eligible parents of babies due, or children placed for adoption, on or after 5 April 2015. It provides both parents with the opportunity to consider the best arrangement to care for their child during the child’s first year. It is also available to adopters.

16.2Eligible adopters can share up to 50 weeks of leave and up to 37 weeks of pay where the adopter ends their adoption leave and/or statutory adoption pay early to opt into shared parental leave and/or pay.

16.3Any adoption leave and pay that has been taken by the adopter (or the adopter’s partner) will reduce the pool of leave and pay that can potentially be shared.

16.4SPL enables parents to share the caring responsibilities evenly or have one parent taking the main caring role, depending on their preferences and circumstances. Unlike maternity/adoption leave, eligible employees can stop and start their SPL and return to work between periods of leave with each eligible parent able to submit three notices booking periods of leave. For further details of the SPL process and how it operates, please refer to Six Town Housing’s Shared Parental Leave Procedure.