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Policy
Adoption Policy
Contents
Introduction
2
Adoption Rights
2
Entitlement to statutory adoption leave and pay
2
Statutory adoption leave
3
Time off to attend adoption appointments
3
Annual leave
3
Statutory adoption pay
3
Entitlement to contractual adoption pay
4
Pension contributions
4
Contact during adoption leave
4
Rights on and after return to work
5
Adoptions from overseas
5
Transfer of adoption leave
5
Shared parental leave
5
Additional paternity leave
6
Approved by:
Version No.
Owner:
Senior Management Team
3.0
Human Resources Directorate
Date first published: Jun-2014
Date updated:
Apr-2015
Review Date:
Apr-2017
This document has been designed to be accessible for readers. However, should you
require the document in an alternative format please contact the Academic Quality
Directorate.
© 2015 Buckinghamshire New University
Adoption Policy
Introduction
1
This policy sets out the statutory and contractual rights and responsibilities of
employees adopting a child, and gives details of the arrangements for adoption leave
and pay.
2
The University recognises that, from time to time, employees may have questions or
concerns relating to their adoption rights. It is the University’s policy to encourage open
discussion with employees to ensure that questions and problems can be resolved as
quickly as possible.
Adoption Rights
3
Only one parent is entitled to statutory adoption leave and the other parent may take
statutory paternity leave if they qualify.
4
If an employee is expecting to adopt a child individually or as a part of a couple (when
they are the only partner taking statutory adoption leave) they should inform their line
manager at the earliest opportunity and contact the Human Resources Directorate for
an individual meeting.
5
At the meeting with Human Resources the employee will be given an ‘Adoption Leave
Notification’ form, to be returned when the employee has been matched with a child
and a placement date agreed.
6
The Human Resources Directorate will respond in writing within 28 days setting out the
expected date of return to work for the employee.
7
If the employee wishes to return to work earlier than the date agreed, whether
following ordinary or additional adoption leave (described below), they must give a
minimum of 8 weeks’ written notice of the date on which they wish to return to work.
8
If an employee decides to take additional adoption leave whilst on ordinary adoption
leave, they must also give 8 weeks’ written notice of their change of intention. If an
employee decides not to return to work after adoption leave they must notify the
University at the earliest opportunity.
9
If an employee decides not to return to work after adoption leave or they return for a
period of less than three months, the University will reclaim payments made under
contractual adoption pay (explained below).
10
Entitlement to statutory adoption pay depends on the length of continuous service and
employment status.
Entitlement to statutory adoption leave and pay
11
To qualify for statutory adoption leave and pay an employee must:



be newly matched with a child for adoption by an approved adoption agency
have worked for the University or other Local Government Modification Order
(1999) Body for 26 weeks leading into the week in which they are notified of being
matched with a child for adoption.
be the only partner taking statutory adoption leave.
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Adoption Policy
Statutory adoption leave
12
If an employee qualifies for statutory adoption leave, they are entitled to 26 weeks
ordinary adoption leave followed by 26 weeks additional adoption leave; the total
amount of statutory adoption leave therefore will not exceed 52 weeks.
13
The earliest date that statutory adoption leave can commence is 2 weeks prior to the
placement date.
Time off to attend adoption appointments
14
From 5 April 2015, employees who are adopting a child are entitled to take time off to
attend adoption appointments.
15
An employee adopting a child alone is entitled to take paid time off to attend up to five
adoption appointments (under s.57ZJ of the Employment Rights Act 1996). Where an
employee is part of a couple jointly adopting a child, the couple can elect for one of
them to take paid time off to attend up to five adoption appointments (under s.57ZJ of
the Employment Rights Act 1996). The other can elect to take unpaid time off to attend
up to two adoption appointments (under s.57ZL of the Employment Rights Act 1996).
16
The purpose of the appointment is to enable the employee [and his/her partner] to
have contact with the child (for example, to bond with him/her before the placement)
and for any other purpose connected with the adoption (for example, to meet with the
professionals involved in the care of the child).
17
The appointment must have been arranged by or at the request of the adoption
agency. The time off must be taken before the date of the child's placement for
adoption with the employee.
18
The organisation can ask the employee for proof of the date and time of the
appointment and that the appointment has been arranged by or at the request of the
adoption agency (for example, a letter or email from the adoption agency).
19
In addition, if the employee is adopting jointly, the University will ask the individual to
sign a declaration, to be submitted alongside the documentary evidence, confirming
that he/she has elected to exercise his/her right under either s.57ZJ or s.57ZL of the
Employment Rights Act 1996 to take time off to attend an adoption appointment. The
University will ask for the declaration on the first occasion on which the employee asks
for time off to attend an adoption appointment.
Annual leave
20
While on statutory adoption leave employees will continue to accrue annual leave.
Annual leave can, if agreed with the line manager, be taken prior to the
commencement or at the end of statutory adoption leave. Arrangements for annual
leave can be discussed with the Human Resources Directorate however the timing of
annual leave is at the discretion of the line manager and must be agreed in advance.
Statutory adoption pay
21
If an employee qualifies for statutory adoption pay (SAP), providing they earn above
the statutory lower earnings limited, they are entitled to 39 weeks’ pay as follows:

39 weeks at the standard rate of SAP
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Adoption Policy
22
If an employee earns less than the standard rate of statutory adoption pay they will be
paid at 90% of their average weekly earnings.
23
Payment is made in the normal way by Bank Credit Transfer on the last working day of
the month. An employee will continue to be entitled to increments and pay awards
which fall within their statutory adoption leave period.
24
All payments made under statutory adoption pay and contractual adoption pay are
treated as income and are therefore liable for income tax and National Insurance in the
same way as normal pay.
Entitlement to contractual adoption pay
25
After one year of continuous service with the University leading into the week in which
an employee is notified of being matched with a child for adoption, the employee is
entitled to contractual adoption pay as follows:
4 weeks at full pay
offset against standard rate statutory adoption pay
2 weeks at 90% of full pay
offset against standard rate statutory adoption pay
12 weeks at 50% of full pay plus standard rate of statutory adoption pay
26
To confirm, payment of contractual adoption pay is offset against standard rate
statutory adoption pay for the first 6 weeks. The 12 weeks of Contractual Adoption Pay
at 50% of full pay is paid in addition to the standard rate of statutory adoption pay.
Pension contributions
27
Employees will make pension contributions at the prevailing rate, on whatever is paid
to them during the period.
28
If an employee takes unpaid Additional Adoption Leave, no pension contribution
deductions will be made until they return to paid employment. An employee may elect
to pay the pension contributions missed, but will also be required to pay the employer’s
contributions. If an employee elects to make the contributions, this period of time will
count towards their reckonable service when calculating their pension, otherwise it will
not.
Contact during adoption leave
29
Shortly before an employee's adoption leave starts, the University will discuss the
arrangements to keep in touch during adoption leave, should they wish to do so. The
University reserves the right in any event to maintain reasonable contact with the
employee from time to time during their adoption leave. This may be to discuss the
employee's plans for return to work, to discuss any special arrangements to be made
or training to be given to ease their return to work or simply to update them on
developments at work during their absence.
30
Keeping-in-touch days: an employee can agree to work for the University (or to
attend training) for up to 10 days during either ordinary adoption leave or additional
adoption leave without that work bringing the period of adoption leave to an end and
without loss of SAP. These are known as ‘keeping-in-touch’ days. Any work carried out
on a day shall constitute a day's work for these purposes.
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Adoption Policy
31
The University has no right to require the employee to carry out any work, and the
employee has no right to undertake any work, during adoption leave. Any work
undertaken, including the amount of salary paid or time to be taken off in lieu for any
work done on keeping-in-touch days, is entirely a matter for agreement between the
University and the employee.
Rights on and after return to work
32
On resuming work after ordinary or additional adoption leave, the employee is entitled
to return to the same job as they occupied before commencing adoption leave and on
the same terms and conditions of employment as if they had not been absent.
However, if it is not reasonably practicable for the University to allow the employee to
return to the same job, the University may offer the employee suitable alternative work,
on terms and conditions that are no less favourable than would have applied if they
had not been absent.
33
An employee who worked full-time prior to their adoption leave has no automatic right
to return to work on a part-time basis or to make other changes to her working
patterns. However, all requests for part-time work or other flexible working
arrangements will be considered in line with the operational requirements of the
University's business. If an employee would like this option to be considered, they
should complete and return to their line manager the Request for Flexible Working
Form in the Flexible Working Policy & Procedure.
Adoptions from overseas
34
If an employee has adopted a child from overseas, they may still be entitled to
additional adoption leave provided again that the primary adopter has returned to work
before using their full entitlement to adoption leave. Special rules apply in these
circumstances. For further information, please contact the Human Resources
Directorate.
Transfer of adoption leave
Shared parental leave
35
Shared parental leave is available in relation to children who have been matched for
adoption or placed for adoption on or after 5 April 2015, or in the case of an adoption
from abroad, where the child enters Great Britain on or after 5 April 2015. If the couple
meets the eligibility requirements, the main adopter, i.e. the person who will be able to
take adoption leave, can curtail his or her adoption leave and share the untaken leave
with his or her partner as shared parental leave.
36
Shared parental leave must be taken in blocks of at least one week. Individuals can
request to take shared parental leave in one continuous block (in which case the
University is required to accept the request as long as the individual meets the
eligibility and notice requirements), or as a number of discontinuous blocks of leave (in
which case the individual needs the University’s agreement).
37
To be able to take shared parental leave, an employee and his/her partner must meet
various eligibility requirements and have complied with the relevant curtailment, notice
and evidence requirements. This includes the main adopter curtailing their adoption
leave.
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Adoption Policy
38
Employees can refer to the University’s policy on shared parental leave, where they
will find full details of the eligibility requirements, as well as instructions as to how the
main adopter’s adoption leave can be curtailed. The University’s policy on shared
parental leave sets out the notice periods with which employees must comply and
what evidence they must provide to the University. The policy also contains more
details on employees' entitlement to statutory shared parental pay.
39
The main adopter and the partner should ensure that they are each liaising with their
own employer when making requests for shared parental leave.
Additional paternity leave
40
Additional paternity leave continues to be available in relation to children placed for
adoption before 5 April 2015. If an employee proposes to return to work by giving
proper notification, his/her spouse, civil partner or partner may be eligible to take
additional paternity leave (and additional statutory paternity pay) once he/she has
returned to work.
41
The earliest that additional paternity leave may commence is 20 weeks after the
adopted child's placement and it must end no later than 12 months after the date of
placement. The minimum period of additional paternity leave is two consecutive weeks
and the maximum period is 26 weeks.
42
Further details should be obtained from the employee's spouse's or partner's
employer. He/she will be required to submit a written and signed declaration form to
that employer, which may also make additional enquiries of the organisation to verify
its employee's entitlement to additional paternity leave and pay.
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