Qualification
28.1 Adoption leave and pay is available to individuals who adopt, or one member of a couple where a couple adopt jointly.
28.2 Both paid adoption leave and paid paternity leave will be available to employees who qualify where an approved adoption agency notified the adopter of a match with a child on or after 6 April 2003.
28.3 To qualify for adoption leave, you must:
- have been notified that you have been matched by an adoption agency with a child for the purposes of adoption; and
- give the Company appropriate notice; and
- give the Company a Matching Certificate as evidence of entitlement to adoption leave.
28.4 Adoption leave is also available to individuals fostering a child under the “Fostering for Adoption” scheme.
28.5 An employee who adopts a child may also be eligible to take shared parental leave.
Notification
28.6 You are required to inform the Company of your intention to take adoption leave within 7 days of being notified that you have been matched with a child for adoption, unless this is not reasonably practicable. If not reasonably practicable, you should notify the Company as soon as reasonably practicable with a written explanation for the delay.
28.7 The notice must include the following information:
- when the child is expected to be placed with you;
- when you want to start the adoption leave;
28.8 You can change your mind about the date you want your leave to start provided you give at least 28 days notice in advance (again unless this is not reasonably practicable). If 28 days notice is not reasonably practicable, you should give notice as soon as reasonably practicable with a written explanation of the delay.
28.9 The Company will respond within 28 days of receipt of your notification. The Company will write to you setting out the date on which we expect you to return to work if the full entitlement to adoption leave is taken. This date is the Expected Return Date.
Matching Certificate
28.10 You must provide a completed matching certificate (available from the Agency who are placing the child with you).
Time off to attend Adoption Appointments
28.11 Employees who are proposing to adopt may take time off work to attend up to 5 adoption appointments in certain circumstances. Where there are joint adopters, only one adopter is entitled to take paid time off work for these purposes. If an employee exercises their right to take paid time off to attend an adoption appointment, they may not then go on to take paternity leave in respect of the same child.
Duration of Leave
28.12 You will be entitled to a maximum of 52 weeks Adoption Leave; 26 weeks Ordinary Adoption leave and 26 weeks Additional Adoption Leave.
When Leave Can Be Taken
28.13 You can choose to start your leave either:
- from the date of placement (whether this is earlier or later than expected); or
- from a fixed date which can be up to 14 days before the expected date of placement.
28.14 Only one period of leave is available regardless of whether more than one child is placed for adoption as part of the same arrangement.
28.15 Sometimes the placement ends during the adoption leave period, for instance when the adoption agency that matched the employee with the child notifies the employee that the child will not in fact be placed with him or her or if the child dies or the match is considered unsuitable. If this happens, you are entitled to continue the adoption leave for up to 8 weeks after the end of the placement.
28.16 It should be noted that adoption leave is in addition to parental leave (currently 18 weeks).
Right to Return
28.17 Where you take Ordinary Adoption Leave only (i.e.: up to 26 weeks) you have the right to return to the same job as you left and to be treated as if you had never been absent.
28.18 Where you take Additional Adoption Leave (i.e.: more than 26 weeks and up to 52 weeks’ leave) you have the right to return to the same job, or if that is not reasonably practicable, to another job which is both suitable and appropriate in the circumstances.
Notice of Return
28.19 Where you intend to return to work on the Expected Return Date no notice is required to be given to the Company.
28.20 Where you wish to return to work before the Expected Return Date, you must give the Company at least 8 weeks’ notice of the date you intend to return. This notice may be verbal.
28.21 If you fail to give at least 8 weeks’ notice then the Company is entitled to postpone your return and is not obliged to pay you your normal remuneration until the agreed return date.
Adoption Pay
28.22 Statutory Adoption Pay (SAP) is available if you:
- have 26 weeks continuous service by the week in which you are notified by an approved adoption agency that match has been made with a child; and
- give appropriate notification to the Company; and
- gives the Company a completed Self Certificate; and
- have average weekly earnings of not less than the lower earnings limit apply to National Insurance Contributions.
Notification
28.23 You must give the Company at least 28 days’ notice of the date upon which you expect any payment of Statutory Adoption Pay to begin, unless this is not reasonably practicable.
28.24 You can change your mind about the date you want your SAP to start provided you give at least 28 days notice in advance (again unless this is not reasonably practicable).
28.25 If 28 days notice is not reasonably practicable, you should give notice as soon as reasonably practicable with a written explanation for the delay.
Amount Paid
28.26 There are two rates of Statutory Adoption Pay, an earnings-related rate and a prescribed rate. The earnings-related rate is paid during the first 6 weeks of adoption leave and the prescribed rate or the earnings related rate (whichever is lower) is paid during the following 33 weeks of adoption leave, giving a total of 39 weeks maximum entitlement.
28.27 The earnings-related rate of SMP is 90% of your average weekly earnings.
Alternative / Additional Financial Help for Adopters
28.28 If you have average weekly earnings below the lower earnings limit for National Insurance Contributions purposes and do not qualify for SAP you may be eligible for income support whilst on adoption leave.