Appendix 4 - Adoption Policy
Adoption Leave is available to an individual who adopts a child, or to one partner of a couple where the couple adopt jointly. The other member of the couple will have the right to paid Statutory Paternity Leave and/or, if desired, Shared Parental Leave (where certain eligibility criteria are met). Some surrogate parents will be eligible for adoption leave. Adoption leave and pay (at the same rate as Maternity Pay) is not available where a child is not newly matched for adoption, for example when a step-parent is adopting a partner’s children, when taking out a private adoption or when becoming a special guardian.
Adoption leave is irrespective of length of service or hours worked, however to qualify for adoption leave and adoption pay you must be newly matched with a child for adoption by an adoption agency. The main adopter will be able to take paid time off for up to five adoption appointments. The secondary adopter will be entitled to take unpaid time off for up to two appointments.
Appointments
If you have been notified by an Approved Adoption Agency that a child is being or is expected to be placed with you for adoption, you may take paid time off work to attend up to 5 adoption appointments, arranged/requested by the Agency ahead of the placement of the child.
If you are jointly adopting a child, the primary/main adopter (i.e. the employee electing to take adoption leave) may take paid time off work to attend up to 5 appointments and the secondary adopter may take unpaid time off work to attend up to 2 appointments.
The purpose of the appointment must be to have contact with the child or for any other purpose connected to the adoption.
The maximum time off work permitted per appointment is 6.5 hours. Tracklements may allow additional unpaid time off work to attend further appointments at its absolute discretion.
If requested you must provide a declaration confirming the appointment is in connection with the adoption and has been arranged/requested by the adoption agency, as well as an appointment card.
Adoption Leave
If you are adopting a child and you meet certain qualifying conditions you have the right to take 52 weeks' adoption leave.
Employees may be eligible for Adoption leave if they;
Have been notified by an Approved Adoption Agency that they have been matched with a child and have confirmed the placement with the agency; or
Are or expect to be the parent of a child under a parental order; or
Are local authority parents who are prospective adopters.
You must notify Tracklements of your intention to take adoption leave within 7 days of being notified that you have been matched with a child for adoption. Your notification should include the date on which the child is expected to be placed with you for adoption and when you wish your adoption leave to start. You may be asked to provide documentary evidence of the match from the adoption agency.
Once you have notified us of the date on which your Ordinary Adoption Leave (OAL) will start, or that it has commenced early, we will write to you within 28 days of receiving your notification to advise you of:
the day on which your OAL period will end;
the day on which your Additional Adoption Leave (AAL) ends.
The qualifying conditions are slightly different if you are adopting a child from abroad, if you are considering adopting a child from abroad please seek further information you’re your Manager.
While you are on adoption leave, whether OAL or AAL, your employment relationship with the Company continues and you have the following rights.
Holiday Entitlement
While you are on ordinary and additional adoption leave both your contractual holiday entitlement and benefits will continue to accrue as usual.
Where possible, you should arrange to take all of your outstanding holiday entitlement for the year, before you go on adoption leave. Any leave not taken by the end of the holiday year may be carried forward to the next holiday year, but should be taken as soon as possible at the end of the maternity leave period. No payment will be made in lieu unless there are exceptional circumstances and only then at the Company’s discretion.
Pension
The period during which SAP will be paid is treated as pensionable service.
During OAL the Company will continue to maintain the employer contributions that it would usually make into the Pension Scheme i.e. based on what your earnings would have been if you had not been on adoption leave. The Company will continue to make these employer pension contributions during any period of AAL during which you are in receipt of adoption pay.
Prior to your adoption leave we will clarify with you what you would like to do with regards to employee contributions during your adoption leave period.
Return to work
You have the right to return to work:
with your seniority, pension rights and other similar rights, and
on terms and conditions no less favourable than those which would have applied if you had not been absent.
You will not be subject to any detriment by the Company because you took or sought to take adoption leave.
If you wish to return to work before the end of the 52 week period of adoption leave you must give at least 8 weeks’ notice of your intended date of return.
If you decide to return to work early and this is at the end of the first 26 week period known as “ordinary adoption leave” you are entitled to return to the job you were in before your absence. If you return to work either during or at the end of the second period of 26 weeks’ known as “additional adoption leave”, you may be able to return to your original job (or another job which is suitable and appropriate).
You may also be entitled to shared parental leave and pay for a child placed for adoption on or after the 5th April 2015.
Keeping in Touch Days (“KIT” days)
We hope that you will stay in touch throughout your Adoption leave and wherever possible, indicate what your intentions are with regards to returning to work and when, if you are not intending to return to work, please let us know as soon as possible.
We encourage you to come into work, or attend training days during your adoption leave to keep in touch (KIT). You are entitled to be paid for up to 10 KIT days during your adoption period without your adoption benefits being affected. Please note KIT days must be taken as whole days and cannot be split into hourly chunks. The Company is not obliged to offer such days and you are not obliged to accept it. Your normal salary will be paid, this will however be offset by any SAP you are receiving at the time.
Statutory Adoption Pay
Statutory Adoption Pay (SAP) is payable for up to 39 weeks if you meet the qualifying criteria. For the first six weeks SAP is payable at the earnings related rate (equivalent to 90% of earnings) and for the remaining 33 weeks at the statutory rate as set by the Government, (or 90% of average weekly earnings if this is less than the standard rate).
The above information is given for guidance purposes only and confers no extra rights to you beyond those provided by statute.