Adoption Leave Scheme For Support Staff in Schools A Guide for Employees

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1 Adoption Leave Scheme For Support Staff in Schools A Guide for Employees

2 1. INTRODUCTION These guidelines aim to inform employees with a brief overview of their statutory entitlements and obligations within this School s Adoption Leave Scheme for support staff in schools, where a child is matched and placed for adoption within the UK. The provisions will also be available where a child is adopted from overseas, although the detail may differ slightly for practical reasons i.e. timescales for notification. For overseas adoptions please take advice from the Human Resources Support Team. This guidance focuses on: The entitlement and obligations of employees The role and responsibility of the Headteachers There is very specific language used within UK adoption legislation which is summarised as follows: placement refers to when a child actually joins its adoptive parents matched refers to the decision that a child and adoptive parents have been chosen to be placed together This guidance is only for adopters with a child due to be placed on or after 5 th October 2008, regardless of when the child is actually placed. This guidance has been agreed with the recognised Trade Unions/ Professional Associations. Further details can be obtained by contacting the Human Resource Support Team. 2. AM I ELIGIBLE FOR ADOPTION LEAVE? To qualify for adoption leave under this scheme you must: Be the individual who is adopting OR Be one member of a couple who is adopting jointly 1 AND Be newly matched 2 with a child for adoption by an approved adoption agency AND Have 26 weeks continuous local government service ending with the week in which you are notified of being matched with a child for adoption 1 you both have to choose which partner is to take adoption leave, whilst the other partner may be entitled to paternity leave and pay. 2 adoption leave and pay is not available in circumstances where a child is not newly matched for adoption e.g. where a step-parent is adopting a partner s children. 3. WHAT ADOPTION LEAVE AND PAY DO I GET? Where you fulfill the qualifying criteria as indicated in Section 2 the local adoption leave scheme enhances the statutory scheme. The table below outlines the local scheme for eligible employees (schools support) entitlement to leave of absence and pay:

3 Leave and pay entitlements where an employee is adopting a young child under primary school age Continuous Local Authority Full Pay Half Pay Standard Rate of Unpaid Leave Total Leave Entitlement Service* Statutory Adoption Pay 26 weeks but 6 weeks 12 weeks 21 weeks 13 weeks 52 weeks less than 12 months 12 months but 8 weeks 12 weeks 19 weeks 13 weeks 52 weeks less than 24 months 24 months but 10 weeks 16 weeks 13 weeks 13 weeks 52 weeks less than 36 months 36 months or 26 weeks n/a 13 weeks 13 weeks 52 weeks more i.e. continuous service at the date of notification of being matched Leave and Pay entitlements where an employee is adopting a child of primary or secondary school age Full Pay Half Pay Standard Rate of Statutory Adoption Pay Unpaid Leave Total Leave Entitlement 6 weeks 6 weeks 27 weeks 13 weeks 52 weeks N.B. Full pay and half pay combines both Occupational Adoption Pay and Statutory Adoption Pay (SAP) and will not exceed your normal earnings. Liaise with the Payroll section to find out the present standard rate for SAP. 3.1 Why are there two different rates of pay? The rates of pay provided to employees adopting a young child under primary school age are in recognition of many adoption agencies requirement for prospective adopters of young children to commit to staying at home for one year to care for the child (thus not returning to work for one year). 3.2 May I be eligible for any other financial assistance? As part of your agreed adopting support plan your adoption agency may determine it appropriate to provide you with additional financial assistance for a prescribed period of time. You are advised to speak to your adoption agency regarding this matter as it is an issue solely between yourself and them. 4. WHAT IF I AM ADOPTING MORE THAN ONE CHILD? Where you are adopting more than one child as part of the same arrangement you are only entitled to one period of leave. 5. WHAT IF I DON T QUALIFY FOR PAID LEAVE?

4 Some types of part-time employment (those where you do not pay any National Insurance contributions) may mean that you will not receive any paid leave. If you think your job falls into this category please contact your H R Support Team. Your adoption agency may be able to advise on any additional financial support available to adopters. Financial support may also be available through Housing Benefit, Council Tax Benefit or Tax Credits. 6. WHAT IF I AM EMPLOYED TEMPORARILY/ ON A FIXED TERM CONTRACT? If you are employed by the Council on a temporary basis, and wish to adopt, please contact the H R Support Unit for further information. 7. WHEN CAN ADOPTION LEAVE START? You can choose to start your adoption leave:- From the date of the child s placement (whether this is earlier or later than originally expected) OR From a fixed date which can be up to 14 (calendar) days before the expected date of placement. If the placement is delayed for whatever reason and you have already begun your adoption leave you are not able to stop your leave and start it again at a later date. 8. WHAT NOTIFICATION IS REQUIRED? A. Where possible you should give your manager/ headteacher at least three months notice of your intention to adopt a child AND B. Within 7 days of being notified by your adoption agency that you have been matched with a child for adoption, you are required to inform your manager/ headteacher (unless this is not reasonably practicable):- when the child is expected to be placed with you when you want your adoption leave to start At the back of this guidance, Appendix 1, there is an Adoption Leave Option Form which you should complete and submit to your manager/ headteacher which gives the notification required under B) above. Your manager/ headteacher will then forward it onto the H.R. Support Team. Within 14 (calendar) days of the H.R. Support Team receiving your notification they will respond to you, outlining your entitlements to adoption leave and pay, and the date on which you will be expected to return to work. 9. WHAT IF I KNOW IN ADVANCE THAT I WON'T WANT TO TAKE MY FULL ENTITLEMENT OF ADOPTION LEAVE? All applications will be dealt with assuming you will take your full leave entitlement. This is in your best interests, as your circumstances may change during your adoption leave, which may result in you wanting this full entitlement. It does not take your right away to request to return early.

5 10. WHEN DO I RETURN TO WORK? You have the right to remain absent from work for 52 weeks. We will not write to you nearer the time asking you to confirm your return. You have the right to return to work to the job in which you were originally employed under your contract of employment, and on terms and conditions no less favourable than those that would apply to you if you had not been absent from work due to adoption leave. However, where this is not practicable as a result of organisational change suitable alternative employment will be offered. 11. WHAT IF I WISH TO RETURN EARLY OR POSTPONE MY ORIGINAL EARLY RETURN DATE? If you wish to return to work earlier you should give 8 weeks notice to your manager/ headteacher. If you wish to return even earlier than the date you have already notified, you will have to give notice 8 weeks before the new date. Similarly, if you want to postpone your early return you will have to give notice 8 weeks before the original early return date. 12. HOW LONG DO I HAVE TO COME BACK FOR? Where your length of local authority service provides you with one of the following pay entitlements, you must return to paid local authority work for a length of time as indicated in the table below:- PAY ENTITLEMENTS RETURN TO WORK FOR FULL PAY HALF PAY SAP ONLY 6 Weeks 6 Weeks 27 Weeks 3 Months 6 Weeks 12 Weeks 21 Weeks 3 Months 8 Weeks 12 Weeks 19 Weeks 3 Months 10 Weeks 16 Weeks 13 Weeks 3 Months 26 Weeks N/A 13 Weeks 3 Months 13. WHAT IF I RETURN TO WORK THEN CHOOSE TO TAKE A FORM OF UNPAID LEAVE (EXAMPLE, PARENTAL UNPAID LEAVE)? You are required to return to paid service within the Council for a minimum length of time as indicated in point 12 above after your adoption leave. The period shall run from the date of which you return to paid work, or are regarded to have returned to paid work. If you choose to take a form of unpaid leave (e.g. Parental Unpaid Leave) the time taken would not be classed as a return to paid service for the purpose of 12 above. Full details may be obtained by contacting your H R Support Team. 14. WHAT IF I CHANGE MY MIND ABOUT RETURNING TO WORK? It is understandable that you may change your mind and not wish to return to work as originally intended. In this case you will be required to repay to the Council the Adoption Pay that you received less the Amount paid as your entitlement to Statutory Adoption Pay. Full details may be obtained by contacting your H R Support Team.

6 15. WHAT IF I KNOW IN ADVANCE I DON T WANT TO RETURN TO WORK? If you definitely do not want to return to work following the placement of your child then you should probably request to take advantage of the statutory adoption leave scheme instead of this local adoption leave scheme. You may be entitled to some adoption benefit from the Department of Work and Pensions which may/may not be payable directly from the Council. Please contact your HR Support Team for further details of the Statutory Adoption Leave Scheme if you are considering this course of action. 16. WHAT HAPPENS IF THE PLACEMENT IS DISRUPTED? If you begin a period of adoption leave before the placement of the child and you are then told that the placement will not be made, or during adoption leave the child is returned to the adoption agency, then your leave will normally finish eight weeks after the end of the week in which the disruption takes place, (or at the end of your 52 week adoption leave entitlement, whichever is the sooner). Where you have any pay entitlements these will continue during this time. You must remember to give your manager/ headteacher 8 weeks notice if you will be returning to work earlier than expected, because of a disruption. If this is not practical due to the sensitive nature of the circumstances, you must tell your manager/ headteacher as soon as possible. 17. WHAT ELSE DO I NEED TO KNOW? PAYROLL DEDUCTIONS Where you normally have payments deducted directly from your pay (e.g. Council Tax), these deductions may be affected by any unpaid adoption leave. To further discuss this (and make alternative arrangements if appropriate) liaise initially with Payroll. KEEPING IN TOUCH With the agreement of both yourself and your manager/ headteacher, you can do up to ten days work while on adoption leave. These are known as Keeping in Touch days and do not have to be limited to your usual job and can be used for training or other events. These days could be helpful to ease your return to work. Your manager/ headteacher does not have to offer these and nor are you obliged to accept them. You must agree the arrangements for these days with your manager/ headteacher, including what you will be doing and how you will be paid e.g. time off in recompense, paid work. BALANCING HOME AND WORK LIFE The Council supports the balance of home and family life alongside the requirements to continue providing services to its customers. In support of this the following arrangements are available for you to apply for:- Paternity Leave Parental Unpaid Leave Reduced working hours Job Share Term Time only working Annual Hours Flexible Working Guidelines Unpaid Time off for Domestic Emergencies

7 Further information on these facilities can be found on either your manager/ headteacher, or by contacting your H.R. Support Team. ANNUAL LEAVE You will continue to accrue contractual annual leave during both Ordinary Adoption Leave and Additional Adoption Leave (i.e. for the full 52 weeks). You are also entitled to receive the benefits of any bank holidays during that time. There is no entitlement to carry over annual leave therefore to avoid as much as possible you losing any of your annual leave entitlement whilst on adoption leave, you should arrange with your manager/ headteacher how best to plan your annual leave accordingly. You also have no legal entitlement to take annual leave at the end of a period of adoption leave. If you wish to take annual leave at the end of your adoption leave you should make a request in the normal manner to your manager/ headteacher, including giving appropriate notice. CHILDCARE Guidance and information for parents on a whole range of topics, including options for childcare and the new Tax Credits is available from the following contacts within the Council:- Families Information Services Early Years Development Quality Development centre Manchester Road Audenshaw M34 5GJ Tel: fis@tameside.gov.uk Tameside Early Years Development & Childcare Partnership Council Offices Wellington Road Ashton-under-Lyne Tel: eydcp@tameside.gov.uk Website: OTHER SUPPORT ORGANISATIONS Your adoption agency may be able to advise you of any additional financial support available to adopters. Financial support may also be available through Housing Benefit, Council Tax Benefit or Tax Credits, and information is available from your local Social Security office. For general guidance on your adoption rights at work, you may also find it useful to visit the following website: **************************** FOR FURTHER INFOMRATION CONTACT YOUR H.R. SUPPORT TEAM