Greater Manchester Pay and Employment Rights Advice Service Factsheet

Who is entitled?

• These rights are only available to “employees” and not to “workers”.
• An employee must be newly matched with a child by an approved adoption agency.
• An employee must have worked continuously for the same employer for 26 weeks including the week in which the employee is notified of being matched with a child.
• Only one of an adopting couple can claim adoptive leave and pay. The couple may choose which partner takes it. The other partner may be able to claim paternity leave and pay whether they are male or female, contact us for information on this.
• Employees whose average weekly earnings are below the Lower Earnings Limit will not qualify for statutory adoption pay (SAP) but may take unpaid adoption leave.

Statutory adoption pay

• Employees whose average weekly earnings are below the Lower Earnings Limit will not qualify for SAP. The LEL is currently £102 per week (until 6^th April 2012).
• The rate of SAP is currently £128.73 per week (to 6^th April 2012), or 90% of average weekly earnings if this is less.
• Statutory adoption pay (SAP) is paid by the employer for up to 39 weeks.
• An employee must give a declaration that s/he will not also claim paternity pay.

Length of adoptive leave

There are two types of leave, ordinary adoptive leave (OAL) of up to 26 weeks and additional adoptive leave (AAL) for a further 26 weeks, regardless of whether more than one child is adopted. If the placement comes to an end during the adoption leave period, the employee is entitled to take leave up to eight weeks after the end of the week in which the placement ends. Notice should be given to the employer about the return to work.

Starting adoptive leave

Adoptive leave can start on any day of the week either from the date of the child’s placement (whether this is earlier or later than expected), or from a fixed date which can be up to 14 days before the expected date of placement.

Terms and conditions during adoptive leave

Employees are entitled to the benefit of their normal terms and conditions of employment throughout the 26-week ordinary adoption leave period.

Notice of intention to take adoptive leave

Adopters should inform the employer of their intention to take adoptive leave within 7 days of being notified by their adoption agency that they have been matched with a child, unless this is not reasonably practicable. They should inform the employer when the child is expected to be placed, and state when they want their adoption leave to start, giving at least 28 days` notice if reasonably practicable. They must also provide evidence if requested. Adoptive parents can change their mind about the date they want to start their leave as long as they give the employer 28 days’ notice (if reasonably practicable).

Employer`s response

The employer must write to the employee within 28 days, advising the employee of the date they are expected to return to work if full entitlement to leave is taken.

Returning to work

An employee intending to return to work after AAL is not required to give any notice. However, if an employee wishes to return before the end of the leave they must give 28 days’ notice. Employees are entitled to return to the same job or a suitable alternative job, and can claim unfair dismissal if prevented from returning.

Transferring adoptive leave to your partner – additional paternity leave

Adoptive parents of children matched for adoption on or after 3^rd April 2011 are entitled to share adoptive leave and pay, provided they qualify and provided the first parent to take it returns to work by the 37^th week of his/her leave. The rules are summarised in our factsheet Paternity leave and pay.

Keeping in touch days

By agreement with the employer, an employee may work and be paid for up to 10 keeping in touch days (KITs) during OAL or AAL without bringing the leave to an end or affecting SAP.

Asserting adoptive rights

Employees who are denied adoptive rights or are subjected to a “detriment” for a reason connected to adoptive leave or pay should first of all send their employer a grievance letter. See our factsheet on Grievances for guidance about this.

This factsheet is available in other formats, please contact us with your requirements.

Greater Manchester Pay and Employment Rights Advice Service

0161 839 3888

www.gmemploymentrights.org.uk

Trade unions help workers to get better pay and work conditions.

North West TUC, Suite 506-510, The Cotton Exchange,

Old Hall Street, Liverpool L3 9UD tel: 0151 236 5432

Greater Manchester Pay and Employment Rights Advice Service is an independent research and information body funded by all local authorities in Greater Manchester under the AGMA grants scheme:

April 2011