Adoption Leave and Pay

Definitions are as follows:

Ordinary Adoption Leave (OAL):

This is the right to an additional period of leave of a further 26 weeks’ leave where Ordinary Adoption Leave has been taken. Additional Adoption Leave follows Ordinary Adoption Leave and there must be no gap between the two.

Additional Adoption Leave (AAL):

This is the right of male or female employees to take a period of 26 weeks’ leave, providing they have worked for One Degree North for a continuous period of 26 weeks, by the week in which an approved match is made.

Statutory Adoption Pay (SAP):

Compulsory pay payable to all employees who have had a child placed with them for adoption, providing they satisfy certain criteria. This is payable for up to 39 weeks from the date of placement.

Adopter:

This is the person who has been matched with the child for adoption. In the case of two people who have been matched jointly, this shall mean whichever of them elected to be the child’s adopter.

Child:

This is the person who is, or was when placed with an adopter for adoption, under the age of 18.

Agency:

The adoption agency. This agency must be recognised in the UK.

Adoption Rights – Time off for Pre-adoption Meetings

Adopters are entitled to reasonable time off work to attend pre-adoption meetings.

You should discuss your likely need for time off with the director(s), giving as much notice as possible and wherever possible try to arrange them as near to the start or end of the day.

Statutory Adoption Leave

Regardless of your length of service, you are entitled to take 52 weeks’ adoption leave. This is made up of 26 weeks’ Ordinary Adoption Leave (OAL) and a further 26 weeks’ Additional Adoption Leave (AAL).

You will qualify for Statutory Adoption Leave if you meet the following criteria:

• You have been matched with a child who will be placed with you by an adoption agency recognised in the UK.
• You have notified One Degree North no more than 7 days after the date on which you were notified of having been matched with the child for the purposes of adoption.

You do not qualify for Statutory Adoption Leave or pay if you:

• Arrange a private adoption
• Become a special guardian or kinship carer
• Adopt a family member or stepchild

We would ask you to notify One Degree North as early as possible of your intention to take Statutory Adoption Leave. You must give us written notice of your intention to take adoption leave in respect of an adopted child within 7 days of being matched with a child. That notice must specify:

• The date on which the child is expected to be placed with you for adoption.
• The date on which you have chosen that your period of leave should begin.
• The date on which you plan to return back to work

If it is not reasonably practicable to comply with this time limit, then notice must be given as soon as is reasonably practicable.

You can take your adoption leave either:

• From the date on which the child if placed with you for adoption.
• A date no earlier than 14 days before the expected date of placement.

Adoption leave, however, must start no later than the date on which the child is placed with you.

You must also provide us with evidence of:

• The name and address of the agency.
• The date on which you were notified that you had been matched with the child.
• The date on which the adoption agency expects to place the child with you.
• Evidence to show the adoption of a child, such as a matching certificate or letter from the agency.

Such evidence shall be in the form of documentation issued by the adoption agency that matched you with the child. If you wish to vary the date you have chosen for taking adoption leave you must give notice in writing to us of the variation. Your notification must be either:

• 28 days before your original statutory adoption leave start date or
• 28 days before your new statutory adoption leave start date, whichever is the earlier.

Statutory Adoption Pay

If you meet the criteria above, you will be eligible for SAP which is paid for a period of up to 39 weeks as follows:

• The first 6 weeks are payable at the higher rate of SAP, which is 90% of your normal weekly earnings calculated using your average income which is subject to National Insurance deductions.
• The remaining 33 weeks are paid at the statutory rate or 90% of average weekly earnings if this is less.

Keeping in Touch Days (KITs)

You may, by agreement with One Degree North, do up to 10 days’ work – known as ‘Keeping in Touch’ (KIT) days – whilst on adoption leave. Any work done on any day during your adoption leave will count as a whole ‘Keeping in Touch’ day, up to the 10-day maximum. Because KIT days allow work to be done, under your contract of employment, you will be entitled to be paid for that work. The rate of pay will be agreed in advance but will ordinarily be paid at your equivalent daily rate.

Contractual rights during Adoption Leave

All of your usual terms and conditions of employment continue throughout your period of adoption leave, apart from the right to receive your usual remuneration (which includes your basic salary and all cash remuneration). All your usual benefits will remain in place throughout your whole adoption leave period, however, we may suspend any benefits that are provided solely for business use at its discretion. 

During your adoption leave, annual leave (both contractual and statutory) will continue to accrue as usual, including the entitlement to bank holidays. You cannot take annual leave during your adoption leave period, however subject to the usual holiday authorisation rules, you are encouraged to take your annual leave entitlement before or after your adoption leave period. You are reminded that holiday must be taken in the year that it is earned and therefore if the holiday year is due to end during adoption leave, you should take the full year’s entitlement before starting your adoption leave. Where this is not practical, and at our discretion, you may obtain written consent from the director(s) to take holiday at the end of the adoption leave period, or to receive payment in lieu of holiday not taken.

If you are a member of a Company pension scheme, details confirming your entitlements and requirements to make contributions throughout your period of adoption leave please contact TLC Accountants. During paid periods of your adoption leave, we shall continue to make any payments into your pension scheme.

If you have the right to return to work after your period of adoption leave, then your contract of employment will continue during your adoption leave and service will be deemed as continuous.

If you become eligible for a pay rise before the end of your adoption leave, you will be treated for SAP purposes as if the pay rise had applied throughout the relevant period. This means that your SAP will be recalculated retrospectively. We shall pay you a lump sum to make up for any shortfall in the SAP received and increase any future SAP payments if necessary.

Notification requirements prior to returning to work from Adoption Leave

If you wish to return to work earlier than the end of the additional adoption leave you must give us at least 8 weeks’ notice of the date on which you intend to return.

If you attempt to return to work earlier than the end of your previously agreed adoption leave period without giving us 8 weeks’ notice, we will be entitled to postpone your return to work to the extent necessary to give such notice, but no later than the end of the additional adoption leave period. We will not be under any obligation to pay remuneration until the postponed date. We may not postpone an early return to work if we have failed to give you notice of when your additional adoption leave ends.

Deciding not to Return

If you do not intend to return to work, or are unsure, it is helpful to discuss this with us as early as possible. If you decide not to return you should give notice of resignation in accordance with your contract of employment. You should give notice in plenty of time – the amount of adoption leave left to run when you give notice must be at least equal to your contractual notice period, otherwise we may require you to return to work for the remainder of your notice period. Once you have given notice that you will not be returning to work, you cannot change your mind without our agreement. This will not affect your right to receive SAP.

Changes to Employment upon return from Adoption Leave

If you return to work after OAL (first 26 weeks of your leave), you have the right to return back to work to the same job on the same terms and conditions of employment which were in existence prior to your adoption leave.

If you return to work after AAL (between week 27 and 52 of your leave), you have the same rights as after OAL. However, if we can demonstrate that it is not reasonably practicable for you to return to your original job, you have the right to return to another job which is both suitable and appropriate for you to do in the circumstances, on the same terms and conditions of employment which were in existence prior to your adoption leave. Should this be the case, the director(s) will arrange a meeting prior to your return to discuss the change in position and any administrative details.

If you worked full-time prior to your adoption leave you have no automatic right to return on a part-time basis or make other changes to your working patterns.  You do however have the right to request to work flexibly and any such request will be handled under our Flexible Working Practices policy.

Contractual Rights to Adoption Leave and Paternity Leave

You cannot take both adoption leave and paternity leave. You must choose which right to exercise and this choice can be based on which right would be the more favourable to you.