The Union acknowledges the demands and responsibilities that adoption places on the employee around the time of placement.
This policy is designed to offer support and flexibility during this process. This policy will be revised periodically, giving due consideration to any legislative changes where necessary amendments may be made.
Eligibility criteria
To qualify for adoption leave the employee must:
- Be newly matched with a child for adoption by an approved adoption agency.
- Have worked continuously for the Union for 26 weeks leading into the week in which the employee is notified of being matched with a child for adoption Be the primary carer of the child (either male or female).
Adoption leave provision will not apply where the placement of the child for adoption is immediately preceded by a period of foster care with the same family or when a step parent is adopting a partner’s child.
Length of Leave
Adopters are entitled to up to 26 weeks’ ordinary adoption leave followed immediately by up to 26 weeks’ additional adoption leave, giving 52 weeks leave in total.
The employee can choose to start their leave:
- From the date of their child’s 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.
Leave can start on any day of the week. Adoption leave notice must be given within one week of issue of the certificate notifying the adopter that they have been matched with the child (known as the matched week - “MW”).
The employee will only be entitled to one period of adoption leave irrespective of whether more than one child is placed for adoption as part of the same arrangement. Should the adopted child’s placement end during the adoption leave period, the employee can continue adoption leave for up to 8 weeks after the end of the placement.
In addition to the period of adoption leave, the employee is entitled to paid time off to attend formal pre-adoption meetings.
The primary adopter will be able to have paid time off to attend up to 5 preadoption appointments. Where a couple are adopting a child, the co-adopter will be entitled to unpaid time off to attend up to 2 pre-adoption appointments. This secondary adopter includes a spouse or civil partner and a person in a long term relationship with the primary adopter.
Employees should endeavour to give their manager as much advance notice as possible of preplacement adoption appointments. They should try wherever possible to arrange their appointment at the start or the end of the working day or when an appointment is in the middle of the working day the employee should come in to work prior to the appointment and return after if this is practicable.
The time off is capped at six and a half hours for each appointment and there is no qualifying period before employees can take up the right.
Both adoptive parents should try to provide copies of appointment cards or other documentation as proof of appointments, to their line manager. As a minimum, the employees should e-mail or write to their manager giving the date and time of the appointment and confirming that the time off is for the purpose of attending a pre-placement adoption meeting.
Adoption Pay
This may consist of Statutory Adoption Pay (SAP) or Occupational Adoption Pay (OAP).
Statutory Adoption Pay (SAP)
SAP is a payment for an adoptive parent employed at the time of adoption and can be received for a maximum of 39 weeks. The employee may receive SAP even if they do not plan to return to work.
To qualify for SAP when adopting a child, the employee must:
- Be the person with whom a child is, or is expected to be, placed for adoption under UK law
- Have been continuously employed for at least 26 weeks into the Matching Week (MW)
- Have stopped working for, or taken leave, from the employer
- Have average weekly earnings at or above the Lower Earnings Limit that applies at the end of the MW for the 8 weeks prior to the MW
- Give the employer notice of when they expect the liability to pay SAP to begin at least 28 days beforehand. Where this is not possible it must be given as soon as is practicable.
The payment of SAP will be for 39 weeks at the current statutory rate per week or 90% of the employee’s weekly earnings, whichever is less.
Occupational Adoption Pay (OAP)
In addition to SAP, the employee may be entitled to receive OAP dependent on eligibility and length of service.
Eligible employees with 26 weeks or more continuous service into the MW may receive:
- 6 weeks at full pay rate (including SAP) and
- 12 weeks at ½ pay rate (plus SAP OR 90% of average weekly earnings whichever is less) and
- Up to 21 weeks at statutory rates.
Please note that employees can request that the pay above be averaged over a time period if preferred e.g. Full pay for a longer period with a reduced period of half pay.
The statutory rate is calculated based on the actual earnings on which the employee has paid national insurance contributions in the 2 months’ pay period prior to the QW.
If the employee does not return to work and they were in receipt of the OAP, then they will be able to retain the first 6 weeks of the OAP but will not be entitled to any other OAP. If the employee informs the Union on the Union’s Adoption Form that they will return to work following their adoption leave, but then decides later not to return, they will have to repay the 12 weeks ½ pay to the Union that they received throughout their adoption leave. Wherever possible, this will be deducted from any payments that may be due to the employee via payroll.
In order to retain the right to the full 18 weeks’ contractual adoption pay, the employee must remain in employment with the Union (whether returning full time or part time) for a minimum period of 13 weeks after the date of return from adoption leave.
Although employees with less than 26 weeks’ continuous service into the matching week are not entitled to any OAP or SAP, they may be able to seek financial support from their Local Authority. They should contact their local Jobcentre or the Department for Work and Pensions.
If the employee is on a fixed term contract they may be entitled to adoption payments as outlined above. Should the employee’s contract end whilst they are on adoption leave, their entitlement to contractual adoption pay will cease on the date the employment ends, although the Union will continue to pay the employee’s statutory adoption pay.
Payment of Adoption Pay
The option chosen by the employee on the Union’s Adoption Form will affect when they will receive any OAP they may be entitled to, as follows: ?
- ‘Intending to Return’ – OAP may be paid on the normal pay day each month. ?
- ‘Not Intending to Return’ – OAP may be paid for the first 6 weeks only.
The employee will receive SAP regardless of which option they choose.
Notice Requirements
The employee is required to inform the Union of their intention to take adoption leave within 7 days of being notified by the adoption agency that they have been matched with a child for adoption. The employee should use the Union’s Adoption Form to do this.
The employee needs to inform the Union:
- When the child is expected to be placed with them,
- When they want their adoption leave to start and
- Whether or not they intend to return to work following their adoption leave
The employee will be able to change the date on which they want their leave to start providing they inform the Union at least 28 days in advance.
The Union will respond in writing within 28 days following the employee’s notification of their leave plans. This will detail the date the Union expects them to return to work if they take their full entitlement to adoption leave.
Matching Certificate
The employee will need to provide the Union with documentary evidence – a ‘matching certificate’ – from the adoption agency as evidence of their entitlement to adoption pay. This certificate should include basic information on matching and expected placement dates.
Annual Leave
The same entitlements apply as in Maternity leave above.
Contract Status
The employee is entitled to the benefit of their normal terms and conditions of employment, except for terms relating to wages or salary throughout the 26week ordinary adoption leave period.
The Union is required to retain the employee’s job for the period of their adoption leave. The employee is entitled to return to the same job on the same terms and conditions as if they had not been absent, unless a redundancy situation has arisen. If, however, they are returning after additional adoption leave and there is some reason other than redundancy why it is not reasonably practical for the Union to take them back into their original job, a suitable alternative will be offered.
Returning to Work Part-time
The same applies as in Maternity Leave above.
Notice to Return to Work
If the employee intends to return to work at the end of their full adoption leave entitlement (52 weeks) they will not have to give any further notification to the Union.
If however the employee wants to return to work before the end of their adoption leave period, they must give the Union 8 weeks’ notice in writing of the date they intend to return.
Keeping in Touch
The same entitlements apply as in section Maternity Leave above.