1.
Guidance Notes
This policy sets out the legislative requirements for paid adoption leave found in a number of different sources including the Employment Act 2002, the Paternity and Adoption Leave Regulations 2002, the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 and the Work and Families Act 2006. It should be read in conjunction with the Company's Maternity, Paternity, Parental Leave, Time Off for Dependants and Flexible Working policies.
It applies to employees of both sexes when a child has been placed for adoption on or after 1 April 2007 and aims to ensure they know and understand their rights. It is not intended to create contractual rights.
2. Statutory Entitlement
· Ordinary adoption leave - All employees with at least 26 weeks’ continous service by the time the child is matched for adoption are entitled to 26 weeks’ ordinary adoption leave.
· Statutory adoption pay - Employees with at least 26 weeks’ continuous service by the time the child is matched for adoption will be entitled to statutory adoption pay for 39 weeks.
· Additional adoption leave - All employees who qualify for ordinary adoption leave will also be entitled to 26 weeks’ additional adoption leave.
3. Glossary
The following terms are used frequently throughout this policy:
· AAL (Additional adoption leave) - This is the additional 26 weeks’ of adoption leave which starts immediately after the end of ordinary adoption leave (OAL).
· APP (Adoption pay period) - This is the 39-week period for which statutory adoption pay (SAP) is payable.
· OAL (Ordinary adoption leave) - This is the first 26 weeks of adoption leave, available to all employees who comply with the notification requirements.
· (QW Qualifying week) - This is the week in which you are notified of being matched with the child for the purposes of adoption.
· SAP (Statutory adoption pay) - This is how much you are entitled to be paid during the adoption pay period (APP). It is only available to employees who have the necessary continuous service at the qualifying week (QW) and who comply with the notification requirements.
4. Scope
This policy applies in respect of children matched or placed for adoption on or after 1 April 2007. Where a couple adopt, only one can elect to take adoption leave. The other may be entitled to paternity leave.1
5. Eligibility
You will qualify for OAL if:
· You are the child's adopter (where a couple adopt, only one can elect to take adoption leave);
· You have 26 weeks’ continuous service by the end of the QW;
· You have notified the adoption agency that you agree to the child being placed with you and have agreed the date of placement; and
· You have complied with the notification requirements.
You are also entitled to AAL.
In addition, you qualify for SAP if:
· You are still employed by the Company in the QW; and
· Your normal weekly earnings in the eight weeks before the end of the QW are not less than the lower earnings limit for the payment of national insurance contributions.
· You have given us 28 days’ notice of the date when you want your SAP to start.
The lower earnings limit is reviewed annually. The Company will inform you if your normal weekly earnings are below the lower earnings limit.
If you are not entitled to SAP, the Company will give you a form explaining why not (Form SAP1 ). This form can be used to apply for income support.
6. Notification requirements
In order to qualify for adoption leave, you must give notice of your intention to take adoption leave within 7 days of being notified of being matched with a child by completing the form attached at Appendix 1 to this policy. Because you only have 7 days to give notice, it would be helpful to both of us if you told us you were trying to adopt a child earlier in the adoption process.
In some cases it will not be possible for you to give notice within 7 days of being notified by the adoption agency of being matched with the child, in which case you must give notice as soon as reasonably practicable.
7. Starting adoption leave
You can choose to start your adoption leave and APP on the day the child is placed with you or up to 14 days before the expected date of placement.
If you choose to start your leave on the day the child is placed with you and you are at work that day, your adoption leave and APP starts the following day.
8. Changing the start of adoption leave
You are entitled to change the date you want to start your adoption leave and APP, provided you give notice of the new date in writing. If the reason for the change of date is because you want to start your leave and APP on the day the child is placed with you, you must give notice at least 28 days before the expected date of placement. If you are choosing a predetermined date, notice must be given at least 28 days before that date. In both cases, if it is not reasonably practicable to give that much notice, you must do so as soon as is reasonably practicable.
9. SAP
SAP is at the same prescribed rate as statutory maternity pay (SMP). The prescribed rate is reviewed on an annual basis. We will tell you the applicable prescribed rate before you go on adoption leave.
You will be paid SAP on your normal payday. (Form SAP 2)
10. Disrupted placement
If you are notified the placement will not go ahead after you have started your adoption leave, or the placement is “disrupted” during your leave, your entitlement to adoption leave and SAP ends 8 weeks after the end of the week in which the disruption occurred. You must notify the Company as soon as reasonably practicable if the placement is disrupted during your adoption leave.
A placement may be disrupted if, sadly, the child dies or is returned to the adoption agency or the placement does not go ahead (and you have already started your adoption leave). [In these circumstances, we will approach return to work on a case-by-case basis.]
11. Early return
The Company will write to you to tell you the last day of your adoption leave, which will be the last day of your AAL. If you vary the day you want to start your adoption leave, the last day of your adoption leave will change. In this case, the Company will write to you again with the new end date.
We will assume that you will return to work the day after the day we have notified is the last day of your adoption leave. If you want to return to work before this date, you must give us at least 8 weeks’ notice in writing. If you do not give us the proper amount of notice, we are entitled to delay your return to work until we have had 8 weeks’ notice.
12. Termination of employment
If your employment ends for any reason during or after the QW (provided you are employed for at least one day of the QW) you retain your entitlement to SAP. If you do want to resign, you must give the proper amount of notice due under your contract of employment. Should, however, you start working for another employer, you will lose your entitlement to SAP from that date.
13. Terms and conditions during leave
During OAL your contract of employment continues in force. All terms and conditions continue with the exception of wages, salary and other remuneration.
When you are receiving statutory adoption pay you are entitled to be treated for pension purposes as if you are working normally and receiving your normal pay. So, for example, the company contribution to your pension will be based on your normal pay rate. Any contribution that you are required to make to your pension will be based only on the statutory adoption pay you are actually receiving.
With a few exceptions, your contract of employment during AAL is suspended. On your part, terms relating to notice of termination of employment (should you wish to resign) and good faith continue during AAL. This means you must not do anything to cause substantial harm to the Company, such as disclosing confidential information or working for a competitor.
14. Return to work
If you only take OAL, you are entitled to return to the same job. If you take OAL and AAL, or OAL with a period of parental leave of more than four weeks, and it is not reasonably practicable for you to return to the same job, you will be offered an alternative position on no less favourable terms and conditions.
If you are interested in applying to work flexibly on your return to work, you should refer to the Company’s Flexible Working Policy. If you want the changes to start on your return from adoption leave, you should make your application in good time.
15. Keeping in Touch Days
You may agree with the company to carry out, during your leave, up to 10 days’ work, whether consecutive or not, without bringing the leave period to an end. For the purposes of the entitlement, any work carried out on any day shall constitute 1 day’s work. ‘Work’ in this context includes training or any other activity to assist with “keeping in touch with the workplace”.
Any such work must be carried out by agreement between the company and yourself. There is no right for the company to require you to carry out 10 days’ work, nor for you to do such work.
16. Right to Reasonable Contact
The regulations also provide that the company will be entitled to make ‘reasonable contact’ with you whilst you are on adoption leave.
1 (Note - A person is "matched" for adoption when a UK adoption agency decides that a person is suitable to adopt a particular child. A child is "placed" for adoption when he or she starts living with the person permanently with a view to being formally adopted in the future. If a foster child or step child is being adopted you will not usually be eligible for adoption leave because there is no matching by an adoption agency. Different rules apply to overseas adoptions which the Company will explain to you if relevant.)