Staff Adoption Leave and Pay Policy
1. Purpose
This policy is intended to provide guidance on your statutory entitlement to adoption leave and pay.
Notification requirements
2. Notification
You must inform the College within seven days of receiving notification from the statutory adoption agency of being matched with a child (the Agency Notification) that you intend to take adoption leave. The College may require you to produce evidence of a child being placed with you.
3. Information from the College
Following receipt of your notification, the College will write to you within 28 days indicating the date on which your entitlement to adoption leave will end.
Adoption leave
4. Entitlement
Provided you have been continuously employed by the College for 26 weeks at the time you receive the Agency Notification and you comply with the notification procedures above, you will be entitled to 26 weeks Ordinary Adoption Leave (OAL) and 26 weeks Additional Adoption Leave (AAL). AAL begins the day after your OAL ends.
5. Commencement of leave
You will be entitled to begin your OAL up to 14 days before the date on which the child is expected to be placed with you. You may not start your OAL after the date on which the child is placed with you.
6. Variation
You may vary the date on which you begin your OAL provided that you notify the College in writing at least 28 days before the new date you wish to begin your OAL.
Additional adoption leave (AAL)
7. Entitlement
If you are entitled to OAL you will also be entitled to an additional period of 26 weeks AAL beginning the day after your OAL ends. The College will inform you of the date on which your AAL period will end should you decide to take AAL within 28 days of you notifying the College of your intention to take OAL.
Keeping in touch
8. Informal discussion
Before your adoption leave starts we will discuss with you the arrangements for covering your work and the opportunities for you to remain in contact, should you wish to do so, during your leave. Unless you request otherwise, you will remain on circulation lists for internal news, job vacancies, training and work-related social events.
9. Keeping in touch days
You may work (including attending training) for up to ten days during your adoption leave without bringing your adoption leave or Statutory Adoption Pay to an end. The arrangements, including pay, can be set by agreement between you and the College.
10. Before you return
Shortly before you are due to return to work, the College may invite you to have a discussion (whether in person or by telephone) about the arrangements for your return. This may include updating you on any changes that may have occurred, discussing any necessary training and any changes to working arrangements.
Return to work
11. Notification
The College will inform you of the date on which your AAL period will end (should you decide to take AAL) within 28 days of you notifying the College of your intention to take OAL. If you wish to return to work before the end of your AAL, you must notify the College in writing at least eight weeks before you expect to return to work. A failure to notify the College could mean that your return to work is postponed.
12. Return from OAL
You will be employed in the same position upon your return to work from OAL that you occupied before your leave period began. You will be entitled to return on the same terms and conditions of employment as if you had not been absent.
13. Return from AAL
You will normally be entitled to return to the same position upon your return to work from AAL that you occupied before your leave period began. If this is not reasonably practicable, you will be redeployed to a job, which is suitable for you and appropriate for you to do in the circumstances. You will be entitled to return on terms and conditions no less favourable than you would have been entitled had you not been absent.
14. Disrupted placement
Where you have already commenced your leave and the child is subsequently not placed with you or the placement ends, your entitlement to adoption leave shall end either eight weeks after the week in which you received notification that the child is not to be placed with you the placement ends or at the end of your AAL whichever is sooner.
Statutory adoption pay (SAP)
15. Entitlement
You will be entitled to SAP provided that you have been continuously employed by the College for 26 weeks as at the week you receive the Agency Notification (even if your employment is terminated for any reason after this date) and provided that you make National Insurance contributions. You will not be entitled to SAP if you have chosen to receive Statutory Paternity Pay or your spouse has chosen to receive SAP.
16. Commencement
Your entitlement to SAP will begin when you commence your OAL.
17. Duration
You will receive SAP for the first 39 weeks of your adoption leave period. The remainder of your AAL will be unpaid.
18. Rate
SAP is paid at the prescribed rate set by the government for the relevant tax year.
19. Losing your entitlement
You will lose your entitlement to SAP if you commence working for another employer during your adoption leave, whether on a part time or full time basis. You will not be entitled to SAP if you are entitled to statutory sick pay or the child placed for adoption with you reaches 18 years of age.
Adopting more than one child
20. Entitlement
Where you adopt more than one child as part of the same arrangement, your entitlement to leave and SAP under this policy shall remain unchanged.
Deciding not to return
21. Notification
If you do not intend to return to work, or are unsure, it is helpful if you raise this as early as possible. If you decide not to return you should give notice of resignation in accordance with your employment contract. The amount of adoption leave left to run must be at least equal to your contractual notice period, otherwise you may be required to work for the remainder of the notice period. Once you have given notice, you cannot change your mind without our agreement. This does not affect your right to receive SAP.
Returning to work part-time
22. Requests
The College will deal with any requests by employees to change their working patterns (such as working part-time) after adoption leave on case-by-case basis. There is no absolute right to insist on working part-time, but we will try to accommodate your wishes unless there is a justifiable reason for refusal, bearing in mind the needs of the organisation. It is helpful if requests are made as early as possible. The procedure for dealing with such requests is set out in our flexible working procedure.