Document title: Adoption policy (short form).
DATED
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ADOPTION POLICY
CONTENTS
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CLAUSE
1. About this policy.....................................................................................................................2
2. Entitlement to adoption leave.................................................................................................2
3. Notification requirements........................................................................................................3
4. Starting adoption leave...........................................................................................................4
5. Adoption pay...........................................................................................................................4
6. During adoption leave............................................................................................................5
7. Keeping in touch.....................................................................................................................5
8. Returning to work...................................................................................................................5
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1. About this policy
1.1 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.
(c) Having a child through a surrogate mother.
1.2 Adoptions from overseas are not dealt with in this policy but further information is
available from [Human Resources OR [POSITION]].
1.3 Arrangements for time off for adoption appointments are set out in our Time off for
Adoption Appointments Policy.
1.4 [In some cases you and your spouse or partner may be eligible to opt into the shared
parental leave scheme which gives you more flexibility to share the available leave and
pay. For information, see our Shared Parental Leave (Adoption) Policy.]
1.5 This policy only applies to employees. It does not apply to agency workers or self-
employed contractors.
1.6 This policy does not form part of any employee's contract of employment and we may
amend it at any time.
2. Entitlement to adoption leave
2.1 In an adoption case or a fostering for adoption case, you are entitled to adoption leave if
all the following conditions are met:
(a) 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.
(b) 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.
(c) You have told the agency or local authority that you agree to the placement.
2.2 Adoption leave may be available if you are adopting through an overseas adoption
agency. Please contact [Human Resources OR [POSITION]] for information on eligibility
and process.
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2.3 In a surrogacy case, you are entitled to adoption leave if all the following conditions are
met:
(a) A surrogate mother gives birth to a child, who is biologically the child of either
you, or your spouse or partner (or both of you).
(b) You expect to be given parental responsibility under a parental order from the
court. The child must live with you and you must apply for the parental order
within six months of birth.
2.4 In either case, only one parent can take adoption leave. If your spouse or partner takes
adoption leave with their employer, you may be entitled to paternity leave (see our
Paternity Leave Policy). In some cases, you may also qualify for shared parental leave
(see our Shared Parental Leave (Adoption) Policy).
2.5 The maximum adoption leave entitlement is 52 weeks, consisting of 26 weeks' Ordinary
Adoption Leave (OAL) and 26 weeks' Additional Adoption Leave (AAL).
3. Notification requirements
3.1 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 seven 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.
3.2 Once you receive the matching certificate from the agency or local authority, you must
provide us with a copy.
3.3 In a surrogacy case, you must tell us in writing of your intention to take adoption leave
and give the expected week of childbirth (EWC). You must give this information by the
end of the 15th week before the EWC, or if that is not reasonably practicable, as soon as
you can. [You must also complete a declaration confirming your entitlement.] When the
child is born you must tell us the date of birth.
3.4 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.
4. Starting adoption leave
4.1 In an adoption or fostering for adoption case, OAL 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.
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4.2 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.
4.3 In a surrogacy case, OAL will start on the day the child is born, unless you are at work,
in which case it will start on the following day. You cannot change the start date.
5. Adoption pay
5.1 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 EWC) and your average earnings are not less than the lower earnings limit
set by the government each tax year. The first six 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.
5.2 [You will qualify for enhanced adoption pay if you have been continuously employed
during the [12 OR [NUMBER]] month period ending with the Qualifying Week[ and have
not received any enhanced paternity pay, maternity pay, adoption pay or shared parental
pay from our employment during the [12 OR [NUMBER]] month period ending with the
Qualifying Week]. This is paid at full basic pay for the first [NUMBER] [weeks OR
months] [and at half basic pay for the next [NUMBER] [weeks OR months]] and includes
any SAP that may be due for that period.]
5.3 [In order to receive enhanced adoption pay, you must first confirm in writing that you
intend to return to work for at least [six OR [NUMBER]] months after your adoption leave
(and any shared parental leave in respect of the same child), and that you agree to
repay any enhanced adoption pay (but not SAP) if you later decide not to work this
minimum period.]
6. During adoption leave
6.1 All the terms and conditions of your employment remain in force during OAL and AAL,
except for the terms relating to pay.
6.2 Annual leave entitlement will continue to accrue at the rate provided under your contract.
If your adoption leave will continue into the next holiday year, any holiday entitlement
that [is not taken OR cannot reasonably be taken] before starting your adoption leave
can be carried over [and must be taken [immediately before returning to work OR within
three months of returning to work] unless your manager agrees otherwise]. [You should
try to limit carry over to one week's holiday or less. Carry over of more than one week is
at your manager's discretion.] Please discuss your holiday plans with your manager in
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good time before starting your adoption leave. All holiday dates are subject to approval
by your manager.
6.3 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 [Human Resources OR the Pensions Administrator] that
you wish to make up any shortfall.
7. Keeping in touch
7.1 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.]
7.2 You may work (including attending training) on up to ten "keeping-in-touch" days during
your adoption leave. This is not compulsory and must be discussed and agreed with
[your line manager OR Human Resources].
7.3 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. [Alternatively, you
may agree with [your line manager OR Human Resources] to receive the equivalent paid
time off in lieu.]
8. Returning to work
8.1 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 eight 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.
8.2 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 AAL (or
have combined your adoption leave with more than four 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.
8.3 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.
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8.4 If you decide you do not want to return to work, you should give notice of resignation in
accordance with your contract.
