One member of a couple where a couple adopt jointly (the couple must choose which partner takes adoption leave)

Transcription

1 ADOPTION POLICY AND PROCEDURE It is the Company s intention to comply with both the letter and spirit of the law on adoption rights. To this end its aim is to inform all employees of their rights and to ensure that those rights are understood by employees who qualify. Neither this policy nor any part of it is intended to have contractual effect. The purpose of this policy is: To ensure fair and consistent treatment of all employees. To encourage employees to spend time caring for their family after the adoption of a child, and subsequently to return to work enabling them to continue with their career and for the Company to retain staff. Adoption leave and pay are available to: Individuals who adopt One member of a couple where a couple adopt jointly (the couple must choose which partner takes adoption leave) To avoid confusion, references in this policy to "you" and "primary adopter" are to the person who has elected to take adoption leave in respect of an adopted child, assuming they are eligible to do so. 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 (if they are employees of the Company, they should refer to the Paternity Policy and Procedure for further information). This policy applies to those who adopt from within the UK. If an employee adopts from overseas, slightly different provisions apply and you should contact [insert title] for further details. ADOPTION LEAVE Ordinary Adoption Leave - 26 Weeks All adopters (or one partner of an adopting couple) who have been continuously employed by the Company for a period of not less than 26 weeks have the right to take up to 26 weeks Ordinary Adoption Leave provided the Company has been properly notified (see Notification Requirements below). Adoption Leave cannot begin earlier than 14 days before the date on which the child is expected to be placed with you. The latest it may begin is the date on which the child is placed with you for adoption. The Company can require you to produce evidence of your entitlement in the form of a matching certificate issued by the adoption agency that matched you with the child stating: the name and address of the agency, the date on which you were notified that you have been matched with a child, and

2 the date on which the agency expects to place the child with you and, if the placement has already occurred, the date of the placement. Additional Adoption Leave - 26 weeks If you are entitled to and have taken Ordinary Adoption Leave in respect of a child, you are also entitled to take a further 26 weeks Additional Adoption Leave. The 26 weeks run from the day after the last day of your Ordinary Adoption Leave. Therefore the total leave allowed is a maximum of 52 weeks. Notification requirements Your right to Ordinary and Additional Adoption Leave and to return to work depend on you complying with various notification requirements. These are as follows: Prior to taking adoption leave you must notify the Company in writing no more than seven days after the date on which you are notified of having been matched with the child (or if that is not reasonably practicable as much notice as is reasonably practicable) of: the date on which the child is expected to be placed with you for adoption, and the date on which you have chosen that your period of leave should begin. You should also provide evidence of the name and address of the adoption agency, and the date on which you were notified that you have been matched with the child. Providing you give the Company the proper notice required above, your adoption leave may start up to 14 days before the date the child is expected to be placed with you. However adoption leave must start no later than the date the child is expected to be placed with you. You will be expected to return at the end of your full adoption leave entitlement. If you would like to return to work earlier you are required to give the Company at least 8 weeks notice, in writing. If you do not give 8 weeks written notice, the Company is entitled to postpone your return until the 8 weeks notice has been complied with, although it cannot be postponed to a date later than the end of your adoption leave period. You may vary the start date provided you give the Company 28 days notice of the new start date or if not reasonably practicable as soon as it is reasonably practicable. The Company will, within 28 days of receipt of the notification from you as to the date your adoption leave will start, write to you stating your expected date of return from adoption leave based on the maximum period of your entitlement. If you have varied the start date you will receive this notice within 28 days of the date when your adoption leave began. Right to Return to Work

3 At the end of Ordinary Adoption Leave, you have the right to return to the same job on the same terms and conditions as before. If you decide to return during or at the end of Additional Adoption Leave, and the Company finds it impracticable for you to return to the same job, you have the right to return to another job, which is suitable and appropriate, on terms and conditions which are not less favourable than those which would have been applicable to you had you not been absent from work. Terms and conditions during Ordinary and Additional Adoption Leave Your contract of employment continues during Ordinary Adoption Leave and Additional Adoption Leave, and you will be treated in all respects as if you had not been absent, both in terms of the benefits to which you are entitled and the obligations you owe the Company. The only exception is that you are not entitled to receive remuneration (other than Statutory Adoption Pay (SAP) where applicable). Whether or not pension contributions are payable during adoption leave will depend on the rules of the pension scheme from time to time in force. For further information, please contact [job title]. Regulations provide for Keeping In Touch days (KIT days) where the employee during adoption leave is allowed to carry out work, or, for example, training, under the contract of employment without forfeiting their right to SAP. You may work a maximum of 10 days and what you would do, together with the amount of payment for these days work, would be agreed between you and the Company. If the Company feels that such KIT days would be useful, they will discuss this with you. However, you have no right to such KIT days and nor are you under any obligation to work these KIT days. Accrued Holidays During Ordinary Adoption Leave and Additional Adoption Leave, you will continue to accrue holiday entitlement as normal. You will need to arrange to take any holiday which has accrued during your adoption leave in the same holiday year in which it accrued, either before the start of or after the end of your adoption leave. You should agree this with your manager. Additional Paternity Leave For adoption matches notified on or after 3 April 2011, eligible partners of primary adopters who have also been matched for adoption with the child may be entitled to Additional Paternity Leave (APL) once the primary adopter has returned to work. The partner may also be entitled to Additional Statutory Paternity Pay (ASPP) from their employer if the primary adopter has not used his or her full entitlement to SAP (see further "Statutory Adoption Pay" below). There are a number of conditions that the partner must comply with and they need to consult their own employer's paternity policy. One of the conditions is that, as the child's primary adopter, you must be entitled to adoption leave or Statutory Adoption Pay (SAP) and have returned, or be treated as having returned, to work. You will also be required to complete an Adopter's Declaration, details of which should be requested from the father/partner's employer.

4 If your partner fulfils the requirements for APL, he or she will be entitled to a minimum of 2 weeks and a maximum of 26 weeks' APL. Provided at least 8 weeks' notice is given, it can be taken at any time, in one continuous block of complete weeks, within the period which begins at least 20 weeks after the date the child is placed with you and ends not later than 12 months after the date the child is placed with you. For further information on the statutory paternity provisions, please speak to [insert name]. STATUTORY ADOPTION PAY Qualification To qualify for adoption pay you must: have been employed by the Company for a continuous period of at least 26 weeks ending with the week in which you are notified that you have been matched by an adoption agency with the child. have weekly earnings in the eight weeks ending with the week in which you are notified of being matched with the child of not less than the lower earnings limit for the payment of NI contributions, and have elected to receive SAP rather than statutory paternity pay. Notice requirements You must: give the Company notice of the date from which you expect SAP to begin, and give the notice at least 28 days before that date or, if that is not reasonably practicable, as soon as is reasonably practicable. You can choose to begin the adoption pay period no earlier than 14 days before the date on which the child is expected to be placed with you and no later than on the date the child is placed with you. Evidence of Entitlement to SAP The Company will require you to produce evidence of your entitlement in the form of a matching certificate issued by the adoption agency that matched you with the child stating: the name and address of the agency, the date on which you were notified that you have been matched with a child, and the date on which the agency expects to place the child with you and, if the placement has already occurred, the date of the placement.

5 You must give the Company the matching certificate at least 28 days before the date chosen as the beginning of the adoption pay period or as soon as is reasonably practicable. What You Will Be Paid If you are entitled to it, you will be paid SAP during your leave for up to 39 weeks as follows: per week (figure correct as at 7 April 2013), or 90% of your normal weekly earnings whichever is lower. Payment of SAP is also subject to the following conditions: 1. You cannot receive SAP for any week or part of a week in which you do any work (with the exception of KIT days). 2. All earnings are subject to statutory deductions (for income tax and national insurance) if they apply. 3. If you return to work before the end of your leave entitlement, any entitlement to SAP will end. However if your partner takes Additional Paternity Leave (APL), they may be entitled to ASPP from their employer for the unexpired period of your SAP if certain requirements are fulfilled. 4. SAP will normally be paid in the same way on the same day as your normal salary or pay. Additional Statutory Paternity Pay (ASPP) For a partner who takes APL, any entitlement they may have to ASPP from their employer is dependant, amongst other criteria, on your having at least two weeks' left of your entitlement to SAP when you return to work. You will also have to complete an Adopter's Declaration, details of which should be should be requested from the father/partner's employer.