Adoption Policy

Subject Adoption Policy
To Enter a company name
By Spire HR Solutions Limited
Date Enter date
Status Internal Use Only
Version 1.0 | Enter date

 

Purpose

To outline the company’s policy regarding adoption entitlements and responsibilities. The entitlement to adoption leave and pay is subject to and in accordance with statutory and contractual rights.

Scope

This policy covers all employees of the company who are starting or undergoing the adoption procedure.

Policy Statement

The company is committed to developing work practices and human resource policies that support work-life balance. The aim of this policy is to inform staff of their rights both before and after the adoption of their child.

Adoption Leave

To qualify for adoption leave an employee must:

  • Be newly matched with a child for adoption by an adoption agency.

Once qualifying for adoption leave an employee can take up to 26 weeks’ ordinary adoption leave (OAL) followed immediately by 26 weeks’ additional adoption leave (AAL).

Adoption Leave is available to one member of a couple where a couple adopt jointly (the couple must choose which partner takes adoption leave). The partner of an individual who adopts, or the other member of a couple who are adopting jointly may
be entitled to paternity leave and pay. It does not have to be the father who takes paternity leave or the mother who takes adoption leave.

Adoption leave and pay is not available in circumstances where a child is not newly matched for adoption, for example where a step-parent is adopting a partner’s child.

An employee may begin their adoption leave up to 14 days before the date on which the child is expected to be placed for adoption (but no later than the expected date of
placement itself).

Notification of Intention to Take Adoption Leave

Employees should inform their manager that they have been approved as an adoptee as soon as they have been officially notified, even though they may not have been
matched for adoption at this point.

Employees must inform their line manager 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 (unless this is not reasonably practicable).

The notification should be in writing and should advise of the following:

  • The fact that they intend to take adoption leave
  • The date on which the child is expected to be placed for adoption with them
  • The date they intend to start their adoption leave (giving at least 28 days’ notice where possible)
  • The duration of the adoption leave

The company will notify the employee of the end date of his or her leave within 28 days of receiving his or her notification.

An employee may change the date on which they start their adoption leave provided they give written notification of the new date at least 28 days before the original start date, or at least 28 days before the new date whichever is earlier, or, if that is not
possible, as soon as is reasonably practicable.

Documentation

The employee must provide the ‘matching certificate’ from the adoption agency once it is issued. Further documentation must confirm: the name and address of the adoption agency, the name and address of the employee, the date of the employee was notified of having been matched with the child, and the date on which the child is expected to be placed for adoption.

Statutory Adoption Pay (SAP)

Employees adopting a child with 26 weeks or more continuous service ending in the week in which they are notified of being matched with a child for adoption, and whose earnings exceed the national insurance threshold are entitled to statutory adoption pay (SAP). SAP is paid for 39 weeks whether or not the employee intends to return to work.

Statutory Adoption Pay (SAP) for employees is:

  • 90% of their gross average weekly earnings for the first 6 weeks
  • £172.48 a week or 90% of their gross average weekly earnings (whichever is lower) for the next 33 weeks

Tax and National Insurance need to be deducted.

Employees must:

  • have been continuously employed by you for at least 26 weeks up to any day in the week they were matched with a child
  • be on your payroll and earn at least £123 a week in an 8-week period – the ‘relevant period’
  • give you the correct notice
  • give you proof of the adoption

To obtain statutory adoption pay the employee must give the company at least 28 days’ notice of their intention to take adoption leave and must provide the ‘matching
certificate’ from the adoption agency.

Contact During Adoption Leave

The company may contact the employee (and vice versa) while they are on adoption leave to discuss issues such as return to work plans or to keep them informed of any important changes. The amount and type of contact must not be unreasonable.

Keeping in Touch Days

Employees may, by agreement with their line manager, undertake up to 10 keeping in touch (KIT) days during their adoption leave. KIT days can be used to undertake work, training or any other work-related activity.

KIT days are optional. There is no obligation for either the company or the employee to agree to a KIT day and an employee has the right to turn down a KIT day without suffering any detriment.

A KIT day is any day where work (or training) is undertaken up to normal contractual hours e.g. if only 1 hour of work is undertaken then this would count as 1 KIT day.

The rate of pay for a KIT day will be agreed in advance with you by your line manager.

Terms and Conditions of Employment:

Annual Leave
To avoid the risk of annual leave being lost it should normally be taken prior to an employee going on adoption leave.

In exceptional circumstances and with prior agreement from the Manager, employees may carry forward a maximum of 5 days into the next leave year.

Annual leave continues to accumulate whilst an employee is on adoption leave, whether ordinary or additional. It accrues at the rate of hours worked before adoption leave started.

If an employee does not return to work following their adoption leave annual leave will be accrued for the first 26 weeks of the adoption leave period only.

Sick Pay
Employees are not entitled to sick leave or unpaid leave whilst receiving statutory adoption pay. If the employee is ill and unable to return to work at the end of the leave period, the normal arrangements for sickness will start to apply.

Returning to Work
An employee returning to work after ordinary adoption leave is entitled to have the same job and the same terms and conditions of employment as if they had not been absent unless a redundancy situation has arisen during the employee’s absence.

An employee returning to work after additional adoption leave is entitled to have the same job and the same terms and conditions of employment as if they had not been absent unless a redundancy situation has arisen or unless it is not reasonably
practicable for them to return to their old job, in which case he or she will be offered a similar job on terms and conditions which are not less favourable than their original job.

An employee who wishes to return to work earlier than previously notified must give their line Manager at least 8 weeks’ notice of their intended return to work date. This notice requirement applies during both OAL and AAL. If an employee fails to give appropriate notice, the return to work may be postponed to a date that will ensure that the notice period is served.

Employees who decide they do not wish to return to work must give at least the notice period set out in their contract of employment.

The policy itself is subject to annual review.

Version Number Date Changes
1.0 Enter the date Policy created