Adoption leave procedure

1. Purpose and scope

1.1 This procedure sets out guidance for employees who may be entitled to adoption leave and pay. You should read it alongside the Adoption leave policy.

1.2 RoS recognises that, from time to time, employees may have questions or concerns relating to their adoption rights. It is RoS’ policy to encourage open discussion with employees to ensure that questions and problems can be resolved as quickly as possible.

1.3 The following definitions are used in this procedure:

• "Expected adoption date" means the date that the adoption agency expects your child to be placed with you
• "Qualifying week" means the week that the agency informs you that an adoption match has been made between you and your child.

2. Adoption pay

2.1 Occupational adoption pay

2.1.1 You may be entitled to adoption pay under RoS’s occupational adoption arrangements if you:

• have 1 years’ continuous service with RoS and/or the Civil Service by the placement date
• have earned, on average, at least as much as the lower earnings limit for National Insurance in the 8 week period ending with the end of your “Qualifying Week”.

2.1.2 This is more generous than the statutory provisions and, provided you satisfy the qualification criteria, you will receive 52 week’s full pay during your adoption leave period.

2.1.3 Should you decide not to return to work after your adoption leave, you will be required to repay any Occupational Adoption Pay received (less any Statutory Adoption Pay). You must complete the equivalent of one month’s paid service following your return from adoption leave or following your return from your consecutive unpaid special leave or consecutive career break. You will be asked to confirm this by signing a "Statement of Intention and Undertaking to Repay Salary".

2.1.4 Where you meet the criteria for Occupational Adoption Pay but confirm that you do not intend to return to work at the end of your adoption leave period, you will be entitled to 6 weeks full pay plus Statutory Adoption Pay, as outlined in section 2.3.

2.1.5 In the event that you notify RoS of your intention to take adoption leave but are still unsure at that point whether you will return to work at the end of your adoption leave period, you can choose to receive 6 weeks full pay and defer payment of any remaining entitlement until a later date.

2.1.6 If you are eligible, Occupational Adoption Pay will be paid in the normal way, monthly through the payroll. It is subject to tax and National Insurance deductions.

2.2 Statutory adoption pay

2.2.1 If you do not have 1 years’ continuous service with RoS and/or the Civil Service, you may be eligible for Statutory Adoption Pay.

2.2.2 You will qualify for Statutory Adoption Pay if you:

• have been employed by RoS and/or the Civil Service for a continuous period of at least 26 weeks at the end of your “Qualifying Week” and are still employed during that week
• have provided the correct notification of the adoption as outlined in this policy
• have given the proper notification of your intention to take adoption leave in line with this policy
• have normal earnings for the 8 weeks prior to the end of your “Qualifying Week” and not less than the Lower Earnings Limit for National Insurance contributions in force at the time.

2.2.3 As your normal weekly earnings are based on the gross average National Insurance qualifying weekly earnings (including overtime i.e. all income subject to tax and National Insurance), received during the 8 weeks prior to the qualifying week, it is important to be aware that if for any reason your earnings during that period are reduced, for example: if you have taken unpaid leave, or have had a period of sickness where sick pay has been exhausted, this will affect your average earnings.

2.2.4 Statutory Adoption Pay is payable for up to 39 weeks. The first 6 weeks will be paid at 90% of average weekly earnings. The remainder will be paid at the lower statutory level or 90% of your average weekly earnings if this is less. Please refer to www.gov.uk for current Statutory Adoption Pay rates.

2.2.5 Your Statutory Adoption Pay starts when you take your adoption leave.

2.2.6 You are entitled to Statutory Adoption Pay regardless of whether you intend to work after your maternity leave.

2.2.7 If you become eligible for a pay rise between the start of the original calculation period and the end of your adoption leave (whether ordinary adoption or additional adoption leave), the higher or standard rate of Statutory Adoption Pay will be recalculated to take account of your pay rise, regardless of whether statutory adoption pay has already been paid to you.

2.2.8 If you are eligible, Statutory Adoption Pay will be paid in the normal way, monthly through the payroll. It is subject to tax and NI deductions.

3. Timing of the adoption leave

3.1 You are entitled to take up to 26 weeks' ordinary adoption leave followed immediately by up to 26 weeks' additional adoption leave. You are therefore entitled to a total period of 52 weeks' adoption leave. Additional adoption leave follows on immediately from the end of the period of ordinary adoption leave.

3.2 Adoption leave can start on the day your child is placed with you, or up to 14 days earlier.

3.3 You are permitted to bring forward your adoption leave start date, provided that you advise your line manager in writing at least 28 days before the new start date or, if that is not possible, as soon as reasonably practicable.

3.4 You may also postpone your adoption leave start date, provided that you advise your line manager in writing at least 28 days before the original proposed start date or, if that is not possible, as soon as reasonably practicable.

3.5 To make the process run as smoothly as possible, you should discuss the timing of your adoption leave with your line manager as soon as possible.

4. Notice requirements

4.1 No later than seven days after the date your adoption notified you of the match with your child, you are required to inform RoS in writing of your intention to adopt. At this time, or as soon as reasonably practicable, you are also required to inform RoS in writing of:

• the date you expect your child to be placed with you, and
• the date on which you intend to start your adoption leave.

4.2 You may also be required to provide evidence of entitlement to adoption leave and pay by producing a "matching certificate" from the adoption agency.

4.3 RoS will formally respond in writing to your notification of your leave plans within 28 days, confirming the date on which you are expected to return to work if you take your full 52-week entitlement to adoption leave.

4.4 You are required to give at least 28 days' notice of the date that you want your Statutory Adoption Pay to begin. If it is not possible for you to give 28 days' notice, for example if your “expected adoption date” falls before that, you should tell RoS as soon as reasonably practicable.

5. Time off for adoption appointments

5.1 Once you have advised RoS of your intention to adopt, you will be entitled to paid time off work to attend adoption appointments.

5.2 You should endeavour to give your line manager as much notice as possible of adoption appointments and, wherever possible, try to arrange them as near to the start or end of the working day as possible.

5.3 Apart from the first appointment, you should be prepared to show your line manager proof of your appointment if requested.

5.4 If your co-parent is a RoS employee, they are eligible to take paid time off for up to three adoption appointments.

6. Rights during adoption leave

6.1 During adoption leave all terms and conditions of your contract except normal pay will continue. Your salary will be replaced by Occupational Adoption Pay or Statutory Adoption Pay if you are eligible for it.

6.2 This means that, while sums payable by way of salary will cease, all other benefits will remain in place. For example, holiday entitlement will continue to accrue and pension contributions will continue to be paid.

6.3 You are encouraged to take any outstanding holiday due to you before the commencement of adoption leave. You are reminded that holiday should be taken in the year that it is earned.

7. Contact during adoption leave

7.1 Your line manager reserves the right to maintain reasonable contact with you during adoption leave. This may be to discuss your plans for return to work, to discuss any special arrangements to be made or training to be given to ease your return to work or to update you on developments at work during your absence.

8. Keeping in touch days

8.1 You can agree to work for RoS (or to attend training) for up to 10 days during your adoption leave without that work bringing your adoption leave to an end. These days are known as "keeping-in-touch" days. Any work carried out on a day shall constitute a day's work for these purposes.

8.2 RoS has no right to require you to carry out any work and you have no right to undertake any work during their adoption leave. Any work undertaken, and the amount of salary paid for any work done on keeping-in-touch days, is entirely a matter for agreement between you and your line manager.

8.3 You will receive keeping in touch pay when on unpaid adoption leave or when in receipt of Statutory Maternity Pay only.

9. Returning to work after adoption leave

9.1 You may return to work at any time during ordinary adoption leave or additional adoption leave, provided that you give the appropriate notification. Alternatively, you may take your full period of adoption leave entitlement and return to work at the end of this period.

9.2 If you wish to return before the full period of adoption leave has elapsed, you must give at least eight weeks' notice in writing to your line manager of the date on which you intend to return.

9.3 You have the right to resume working in the same job if returning to work from ordinary adoption leave. If you return to work after a period of additional adoption leave, you are entitled to return either to the same job or, if this is not reasonably practicable, to another suitable job that is on terms and conditions not less favourable.

9.4 Failure to return to work by the end of adoption leave will be treated as an unauthorised absence unless you are sick and produce a current medical certificate before the end of the adoption leave period.

9.5 If you decide during adoption leave that you do not wish to return to work, you should give written notice of resignation to your line manager as soon as possible and in accordance with the terms of your contract of employment.

10. Shared parental leave

10.1 Shared parental leave enables you, as the parent taking adoption leave and pay, to commit to ending your leave and pay at a future date, and to share the untaken balance with your co-parent.

10.2 To be able to take shared parental leave, you and your co-parent must meet various eligibility requirements and comply with the relevant curtailment, notice and evidence requirements. This includes you (the parent receiving the adoption leave and pay) curtailing your adoption leave.

10.3 You should refer to RoS’ policy on shared parental leave, where you will find full details of the eligibility requirements, as well as instructions as to how your (the parent receiving the adoption leave and pay) adoption leave can be curtailed. RoS’ policy on shared parental leave sets out the notice periods with which you must comply and what evidence you must provide to your line manager. The policy also contains more details on employees' entitlement to RoS’ enhanced shared parental pay scheme.

10.4 You and your co-parent should ensure that you are each liaising with your own employer when making requests for shared parental leave.

11. Approval and review

11.1 This policy will be reviewed and approved by the Strategic People Authority annually, unless earlier review is appropriate.