Adoption Leave Policy

Purpose

This policy sets out Wilson Vale Catering’s commitment to ensure a consistent and supportive approach to adoption across the business and to increase awareness about the provisions available for employees who are or are planning to adopt a child.

This policy sets out the provision for adoption leave and adoption pay for eligible employees.

This policy does not form part of an employee’s contract of employment and Wilson Vale Catering may amend this policy at any time.

Adoption Leave

If an employee is matched for adoption with a child, they may be entitled to either adoption leave or paternity leave (please refer to Wilson Vale Catering’s Paternity Policy). However, it must be noted that only one parent in a couple can take adoption leave. The other parent can decide to take paternity leave instead. One parent cannot take both periods of leave, and it is up to the employee to decide which they wish to take (subject to eligibility).

Where an employee is to take adoption leave, they are entitled to 52 weeks adoption leave. Employees are entitled to adoption leave from the commencement of employment however, adoption leave is not available in circumstances where a child is not newly matched for adoption, for example when a step-parent is adopting a partner's child / children. An employee must have notified the adoption agency of agreement to the placement and of agreement to the date of the placement.

Only one period of leave is available irrespective of whether more than one child is placed for adoption as part of the same arrangement. However, if an additional child is adopted at a later date as a separate agreement, then an employee could qualify again for a separate period of adoption leave.

An employee may be entitled to opt in to shared parental leave, sharing up to 50 weeks of leave and up to 37 weeks of pay (subject to availability). Please refer to Wilson Vale Catering’s Shared Parental leave policy for further guidance.

Ordinary and Additional Adoption Leave

Adoption leave is divided into two categories 'ordinary' and 'additional’. Each is for 26 weeks, with additional leave following on from ordinary adoption leave, giving 52 weeks leave in total. If an employee is eligible for ordinary adoption leave, they will also qualify automatically for additional adoption leave.

During ordinary and additional adoption leave employees are entitled to the benefit of their normal terms and conditions of employment, except remuneration. However, in most cases, employees will be entitled to Statutory Adoption Pay (SAP) during this period.

During the ordinary and additional adoption leave, employees will continue to accrue annual leave, including bank holidays in the normal way. Employees may take their annual leave at the beginning and / or end of Adoption Leave.

Statutory Adoption Pay

Dependent on length of service, an employee may be entitled to Statutory Adoption Pay (SAP). If they qualify for SAP this will be paid for the first six weeks at 90% of their normal weekly earnings in the 8-week period up to the date of notification of a match, with the remainder paid at the earnings-related limit or the statutory rate, whichever is lower. SAP will be paid in the same way as wages would be paid if they were not on leave.

Commencement of Adoption Leave

An employee can choose to start their adoption leave on the date of the child's placement (whether this is earlier or later than was expected), or on a predetermined fixed date no earlier than fourteen days before the expected date of placement and no later than the date of placement. Adoption leave can start on any day of the week.

Employees are required to provide notice, in writing, of their intention to take adoption leave within seven days of being notified by the adoption agency that they have been matched with a child, unless this is not reasonably practicable. The notice must specify:

The date the child is expected to be placed with them
The date they want the adoption leave to start
Documentary evidence such as a "matching certificate" from the adoption agency. The certificate will include basic information on matching and expected placement dates

An employee can change their mind about the date on which they want their adoption leave to start providing they inform Wilson Vale Catering with at least twenty-eight days in advance unless this is not reasonably practicable.

Maintaining Contact and Keeping in Touch (KIT) Days

Employees who are on adoption leave may arrange to work for up to ten days without bringing the adoption leave to an end or losing entitlement to SAP.

This is to enable the employee to keep in touch during the adoption leave period. The employee can work at any time during the ordinary or additional adoption leave periods.

Keeping in touch days do not have to be consecutive. They can be used for any work-related activity such as training, conferences or meetings.

Working for part of a day will count as one day’s work. Any work undertaken as keeping in touch days must be by agreement. Neither Wilson Vale Catering nor the employee can insist on it. Days of work will not extend the adoption leave period.

It will be a matter for agreement between the employee and Wilson Vale Catering as to how much the employee should be paid for work undertaken during keeping in touch days. The minimum the employee must receive for a week in which the keeping in touch day falls is the SAP rate the employee is entitled to for that week. If Wilson Vale Catering agrees to pay any extra contractual pay, Wilson Vale Catering is entitled to offset it against any SAP paid for that week. Any agreed payment should comply with the rules on the National Minimum Wage and Equal Pay.

Wilson Vale Catering may make reasonable contact with the employee during the adoption leave period, for example, to discuss return to work or other important information.

Returning to Work

If an employee is returning to work at the end of additional adoption leave, they just return to work after that period. If they intend to return to work before the end of the additional adoption leave, they must provide Wilson Vale Catering at least 8 weeks’ notice of the date which they intend to return. If they do not provide 8 weeks’ notice, Wilson Vale Catering may postpone their return to a date ensuring that there has been 8 weeks’ notice.

Rights on Return

The employee has the right to resume working in the same job when returning to work prior to the end of 26 weeks adoption leave. An employee who returns to work after 26 weeks of adoption leave has the right to return to the same job unless it is not reasonably practicable to do so.

In these circumstances, if it is not reasonably practicable for Wilson Vale Catering to permit a return to the same job, the employee has the right to return to another job that is suitable and appropriate for the employee, and on no lesser terms.

Employees who wish to request a variation to their working pattern on return from maternity leave have the right to request flexible working. Please refer to the Flexible Working Policy.

Disrupted Placement in the Course of Adoption Leave

If an employee has begun a period of adoption leave in respect of a child before the placement of the child has taken place and they are subsequently notified that the placement will not be made, their adoption leave period will end eight weeks after the week of that notification.

If, during adoption leave, the child dies or is returned to the adoption agency, the adoption leave period will end eight weeks after the week in which the child dies; or is returned; or at the end of the 26-week additional adoption leave period, if that is earlier.

Surrogacy and Adoption Rights

If an employee is an intended parent in a surrogacy arrangement and they intend to apply for, or has already applied for a Parental Order, they may be entitled to either adoption leave and pay or paternity leave and pay. One parent cannot claim entitlement to both periods of leave and pay, and it is up to the employee to decide which they wish to claim (subject to eligibility).

An employee will be entitled to take authorised unpaid leave to accompany the surrogate mother to up to two antenatal appointments of up to 6.5 hours per appointment. In a surrogacy arrangement, an employee is entitled to adoption leave from the start date of their employment. This will be for a total of 52 weeks, split into two periods of ‘ordinary’ and ‘additional’ adoption leave of 26 weeks each.

An employee is required to provide Wilson Vale Catering notice in writing, of their decision to take adoption leave by the 15th week before the expected week of birth. They must also notify Wilson Vale Catering of the actual date of birth as soon as is reasonably practicable after birth.

An employee should provide documentary evidence such as a statutory declaration. This document will state that they have obtained, applied for, or intend to apply for a Parental Order in respect of the surrogate child and where not received, this is expected to be made.

If an employee has begun a period of adoption leave in respect of a child, before approval of a Parental Order and they are subsequently notified that the application is refused, their adoption leave period will end 8 weeks after the week of that notification or the end of the adoption leave period, if that is earlier.

Dependent upon length of service, an employee may be entitled to Statutory Adoption Pay (SAP). If they qualify for SAP this will be paid for the first six weeks at 90% of their normal weekly earnings in the 8-week period leading up to the end of the 15th week before the baby is due to be born, with the remainder paid at the earnings-related limit or the statutory rate, whichever is lower. SAP will be paid in the same way as wages would be paid if they were not on leave.

Dual Approved Prospective Adopters and Adoption Rights

If an employee is dually approved as a prospective adopter, i.e. a local authority foster parent who has a child placed with them with an expectation they will adopt that child in accordance with section 22C of the Children Act 1989, Children (Northern Ireland) Order and Children (Scotland) Act, they, they may be entitled to either adoption leave and pay or paternity leave and pay (please refer to Wilson Vale Catering’s Paternity leave Policy for further guidance). One parent cannot claim entitlement to both periods of leave and pay, and it is up to the employee to decide which they wish to claim (subject to eligibility).

An employee is entitled to adoption leave from the start date of their employment. This will be for a total of 52 weeks, split into two periods of ‘ordinary’ and ‘additional’ adoption leave of 26 weeks each.

Only one period of leave is available irrespective of whether an employee goes on to adopt the same child or children placed with them under section 22C. However, if an additional child is placed with them under section 22C at a later date as a separate agreement then they could qualify again for a separate period of adoption leave.

An employee can choose to start their adoption leave on the date of the child's placement (whether this is earlier or later than was expected), or on a predetermined fixed date up to two weeks before the placement of the child and no later than the date of placement. Adoption leave can start on any day of the week.

An employee is required to provide Wilson Vale Catering notice in writing, of their intention to take adoption leave within 7 days of being notified of the child’s placement by the local authority in accordance with section 22C, unless this is not reasonably practicable.

The notice must specify:

The date the child is expected to be placed with the employee
The date the employee wishes for the adoption leave to start

If an employee has begun a period of adoption leave in respect of a child placed with them under section 22C and this placement does not proceed to a formal adoption, their adoption leave period will end 8 weeks after the child is removed or the end of the adoption leave period, if that is earlier.

Dependent upon length of service, an employee may be entitled to Statutory Adoption Pay (SAP). If they qualify for SAP this will be paid for the first 6 weeks at 90% of their normal weekly earnings in the 8-week period leading up to the date of notification, with the remainder paid at the earnings related limit or the statutory rate, whichever is lower. SAP will be paid in the same way as wages would be paid if they were not on leave.