Adoptive Parents- Rights to Leave and Pay

Statement and Purpose of Policy

1.           Balham Community Centre recognises and respects the rights of individuals to take time away from work in connection with an adoption. No one will be subjected to a detriment for exercising their right to take adoption leave in accordance with this Policy or for seeking to do so.

2. This Policy sets out our commitment to supporting individuals through the adoption process, by ensuring that they can take adoption leave, and details arrangements for such adoption leave.

3. This Policy sets out the arrangements for adoption leave and pay for employees who are:

a)   Adopting a child through a UK adoption agency.

b)   Fostering a child with a view to possible adoption.

4. Adoptions from overseas are not dealt with in this Policy but further information and guidance should be sought from Centre Manager.

5. This Policy only applies to employees. It does not apply to agency workers or self-employed contractors. 

6. This Policy does not form part of any employee's contract of employment and we may amend it at any time. However, if any provisions in this Policy conflict with UK statutory provisions on adoption leave and pay (i.e. by offering less favourable entitlements), the law will prevail and the employer will always uphold employees' statutory rights. 

Entitlement to Adoption Leave

7. In an adoption case or a fostering for adoption case, you are entitled to adoption leave if all the following conditions are met:

a) Adoption leave may be available if you are adopting through an overseas adoption agency. Please contact Centre Manager for information on eligibility and process.

b) You have told the agency or local authority that you agree to the placement.

c) The adoption agency or local authority has given you written notice that it has matched you with a child, and tells you the expected placement date.

d) You are adopting a child through a UK adoption agency, or you are a local authority foster parent who has been approved as a prospective adopter.

8. Only one parent can take adoption leave. If your spouse or partner takes adoption leave with their employer, you may be entitled to another form of leave. In some cases, you may also qualify for shared parental leave.

9. The maximum adoption leave entitlement is 52 weeks, consisting of 26 weeks' Ordinary Adoption Leave (OAL) and 26 weeks' Additional Adoption Leave (AAL).

Notification Requirements

10.        In an adoption or fostering for adoption case, you must tell us in writing of the expected placement date, and your intended start date for adoption leave. You must give this information not more than 7 days after the agency or local authority notifies you in writing that it has matched you with a child, or if that is not reasonably practicable, as soon as you can. 

11.        Once you receive the matching certificate from the agency or local authority, you must provide us with a copy.

12.        We will write to you within 28 days of receiving your notification, to confirm your expected return date assuming you take your full entitlement to adoption leave.

Time off for Adoption Appointments

13.        If you are adopting a child as a single parent or as the primary adopter, you are entitled to take paid time off to attend up to 5 adoption appointments arranged by the adoption agency.

14.        In cases where you are adopting jointly with another person, you will need to inform us who is the primary adopter. If you are not the primary adopter, you will only be entitled to take unpaid time off to attend up to 2 adoption appointments.  

15.        Employees can have up to a maximum of 6.5 hours to attend each adoption appointment.

16.        In order to take time off for adoption appointments, we require you to submit evidence of the appointment, in the form of a document (email is acceptable) showing the date and time of the appointment and that it has been arranged by the adoption agency.

17.        In all other circumstances, please speak to your line manager or a member of the HR department to discuss time off for adoption appointments.

Starting Adoption Leave

18.        In an adoption or fostering for adoption case, adoption leave may start on a date of your choosing no more than 14 days before the expected placement date, or on the date of placement itself, but no later.

19.        If you want to change your intended start date please tell us in writing. You should give as much notice as you can, but wherever possible you must tell us at least 28 days before the original intended start date (or the new start date if you are bringing the date forward). We will write to you within 28 days to tell you your new expected return date.

Adoption Pay

20.        Statutory Adoption Pay (SAP) is payable for up to 39 weeks provided you have at least 26 weeks' continuous employment with us ending with the Qualifying Week (the week in which the adoption agency or local authority notified you of a match, or the 15th week before the expected week of childbirth (EWC)) and your average earnings are not less than the lower earnings limit set by the government each tax year. The first 6 weeks' SAP are paid at 90% of your average earnings and the remaining 33 weeks are at a rate set by the government each year.

During Adoption Leave

21.        All the terms and conditions of your employment remain in force during adoption leave, except for the terms relating to pay.

22.        Annual leave entitlement will continue to accrue at the rate provided under your contract. If you are unable to take all of your statutory annual leave entitlement for a leave year within that leave year due to taking adoption leave, you can carry over your remaining statutory annual leave entitlement into the following leave year. Carryover of any enhanced (i.e. contractual) annual leave entitlements will be in accordance with your contract of employment and the Employer’s Annual Leave Policy, if applicable. Please discuss your holiday plans with your manager in good time before starting your adoption leave. All holiday dates are subject to approval by your manager.

23.        If you are a member of the pension scheme, we shall make employer pension contributions during OAL and any further period of paid adoption leave based on your normal salary, in accordance with the pension scheme rules. Any employee contributions you make will be based on the amount of any adoption pay you are receiving, unless you inform your line manager or a member of the HR Department that you wish to make up any shortfall.

Keeping in Touch

24.        We may make reasonable contact with you from time to time during your adoption leave although we will keep this to a minimum. This may include contacting you to discuss arrangements for your return to work.

25.        You may work (including attending training) on up to 10 "keeping-in-touch" days during your adoption leave. This is not compulsory and must be discussed and agreed with your line manager or a member of the HR Department. 

26.        You will be paid at your normal basic rate of pay for time spent working on a keeping-in-touch day and this will be inclusive of any adoption pay entitlement.

Returning to Work

27.        You must return to work on the expected return date unless you tell us otherwise. If you wish to return to work early, you must give us at least 4 weeks' notice of the date. It is helpful if you give this notice in writing. You may be able to return later than the expected return date if you request annual leave or parental leave, which will be at our discretion. 

28.        You are normally entitled to return to work in the position you held before starting adoption leave, on the same terms of employment. However, if you have taken additional adoption leave (or have combined your adoption leave with more than 4 weeks of parental leave) and it is not reasonably practicable for us to allow you to return to the same position, we may give you another suitable and appropriate job on terms and conditions that are not less favourable.

29.        If you want to change your hours or other working arrangements on return from adoption leave you should make a request under our Flexible Working Policy. It is helpful if such requests are made as early as possible. A copy of our Flexible Working Policy can be obtained from the HR manager.

30.        If you decide you do not want to return to work you should give notice of resignation in accordance with your contract.