Subject to Parliamentary approval, new
rights to leave and pay for adoptive
parents will be introduced for employees
whose children are placed with them on
or after 6 April 2003.
At the same
time, the Government will be increasing
and extending maternity leave and pay,
introducing new rights to paid paternity
leave, and the right for parents of
young children to apply to work
flexibly. These new rights, together
with existing rights to parental leave
and time off for dependants, will
provide parents with more opportunities
than ever before to balance work and
family life, whilst being compatible
with, and beneficial to business
efficiency.
This document provides some basic
information on the new rights to:
- adoption leave and pay
- paternity leave and pay when a
child is placed for adoption.
It does not attempt to describe the
rights in detail and should not be taken
as an authoritative statement of the
law.
This document covers only the new
leave and pay rights where a child is
matched and placed for adoption within
the UK. The new measures will also be
available where a child is adopted from
overseas, although the detailed
operation of the scheme will differ
slightly for practical reasons. Further
guidance on the new rights in cases of
inter-country adoptions will be
available in due course (updates will be
available at www.dti.gov.uk/er/review.htm).
The new rights to adoption and
paternity leave and pay will entitle
eligible employees to take paid leave
when a child is newly placed for
adoption. Adoption leave and pay will be
available to:
- individuals who adopt
- one member of a couple where a
couple adopt jointly (the couple may
choose which partner takes adoption
leave)
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.
Start dates
Both paid adoption leave and paid
paternity leave will be available to
employees where an approved adoption
agency notifies the adopter of a match
with a child on or after 6 April 2003.
Both adoption and paternity leave and
pay will also be available to employees
where an approved adoption agency
notifies the adopter of a match with a
child before 6 April 2003, but the child
is placed on or after 6 April 2003
(special notice arrangements will
apply).
Adoption leave and pay.
Eligibility.
To qualify for adoption leave, an
employee must:
- be *newly matched with a child
for adoption by an approved adoption
agency
- have worked continuously for
their employer for 26 weeks leading
into the week in which they are
notified of being matched with a
child for adoption.
*Adoption leave and pay 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 children.
Length of adoption leave.
Adopters will be entitled to up to 26
weeks’ ordinary adoption leave followed
immediately by up to 26 weeks’
additional adoption leave - a total of
up to 52 weeks’ leave.
Ordinary adoption leave will normally
be paid leave.
Additional adoption leave will
usually be unpaid although an adopter
may have contractual rights to pay
during his period of additional adoption
leave.
They can choose to start their leave:
- 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.
Leave can start on any day of the
week.
Only one period of leave will be
available irrespective of whether more
then one child is placed for adoption as
part of the same arrangement.
If the child’s placement ends during
the adoption leave period, the adopter
will be able to continue adoption leave
for up to eight weeks after the end of
the placement.
Statutory Adoption Pay.
During their adoption leave, most
adopters will be entitled to Statutory
Adoption Pay (SAP) from their employers.
Statutory Adoption Pay will be paid
by employers for up to 26 weeks. The
rate of Statutory Adoption Pay will be
the same as the standard rate of
Statutory Maternity Pay – from April
2003, this will be £100 a week or 90% of
average weekly earnings if this is less
than £100.
Adopters who have average weekly
earnings below the Lower Earnings Limit
for National Insurance Contributions
(£75 a week from April 2002) will not
qualify for SAP. Employees in low-income
families may be able to seek financial
support from their Local Authorities.
Additional financial support may be
available through Housing Benefit,
Council Tax Benefit or Tax Credits.
Further information is available from
your local Jobcentre Plus office or
Social Security office.
Notice of intention to take adoption
leave.
Adopters will be required to inform
their employers of their intention to
take adoption leave within 7 days of
being notified by their adoption agency
that they have been matched with a child
for adoption, unless this is not
reasonably practicable. They will need
to tell their employers:
- when the child is expected to be
placed with them and
- when they want their adoption
leave to start.
Adopters will be able to change their
mind about the date on which they want
their leave to start providing they tell
their employer at least 28 days in
advance (unless this is not reasonably
practicable). They will have to tell
their employer the date they expect any
payments of SAP to start at least 28
days in advance, unless this is not
reasonably practicable.
Employers will have 28 days in which
to respond to their employees’
notification of their leave plans. An
employer will need to write to the
employee, setting out the date on which
they expect the employee to return to
work if the full entitlement to adoption
leave is taken. A model letter for
employers to use (if they wish to do so)
will be available as part of future
detailed guidance.
Matching certificate.
Employees will have to give their
employer documentary evidence – a
‘matching certificate’ – from their
adoption agency as evidence of their
entitlement to SAP. Employers can also
ask for this certificate as proof of
entitlement to adoption leave. Employees
should ask their adoption agency for a
matching certificate which will include
basic information on matching and
expected placement dates.
Contractual benefits.
Employees are entitled to the benefit
of their normal terms and conditions of
employment, except for terms relating to
wages or salary (unless their contract
of employment provides otherwise),
throughout their 26-week ordinary
adoption leave period. However, most
adopters will be entitled to SAP during
this period. If the employee has a
contractual right to adoption leave as
well as the statutory right, he may take
advantage of whichever is the more
favourable. Any adoption pay to which he
has a contractual right reduces the
amount of SAP to which he is entitled.
During additional adoption leave, the
employment contract continues and some
contractual benefits and obligations
remain in force, for example
compensation in the event of redundancy
and notice periods.
Return to work after adoption leave.
Adopters who intend to return to work
at the end of their full adoption leave
entitlement will not have to give any
further notification to their employers.
Adopters who want to return to work
before the end of their adoption leave
period, must give their employers 28
days’ notice of the date they intend to
return.
Protection from detriment and
dismissal.
Employees will be protected from
suffering detriment or unfair dismissal
for reasons related to taking, or
seeking to take, adoption leave.
Employees who believe they have been
treated unfairly will be able to
complain to an employment tribunal.
Employers’ recovery of payments.
Employers will be able to recover the
amount of Statutory Adoption Pay (SAP)
they pay out in the same way as they can
currently claim back Statutory Maternity
Pay. Employers will be able to claim
back 92% of the payments they make, with
those eligible for small employers’
relief able to claim back 100% plus an
additional amount in compensation for
the employer’s portion of National
Insurance contributions paid on SAP.
In addition, employers who need to
will be able to receive funding in
advance for payments of SAP from the
Inland Revenue.
Paternity leave and pay (adoption).
Following the placement of a child
for adoption, the new rights to
paternity leave and pay will give
eligible employees the right to take
paid leave to care for their new child
or support the adopter.
Eligibility.
Employees will need to satisfy the
following conditions in order to qualify
for paternity leave. They must:
- have or expect to have
responsibility for the child’s
upbringing.
- be the adopter’s spouse or
partner.
- have worked continuously for
their employer for 26 weeks leading
into the week in which the adopter
is notified of being matched with a
child.
Employers can ask their employees to
provide a self-certificate (see below
for further details) as evidence that
they meet these eligibility conditions.
Length of paternity leave.
Eligible employees will be entitled
to choose to take either one week or two
consecutive weeks’ paid paternity leave
(not odd days).
They can choose to start their leave:
- from the date of the child’s
placement (whether this is earlier
or later than expected), or
- from a chosen number of days or
week after the date of the child’s
placement (whether this is earlier
or later than expected), or
- from a chosen date.
Leave can start on any day of the
week on or following the child’s
placement but must be completed within
56 days of the child’s placement.
Only one period of leave will be
available to employees irrespective of
whether more than one child is placed
together.
Statutory Paternity Pay.
During their paternity leave, most
employees will be entitled to Statutory
Paternity Pay (SPP) from their
employers.
Statutory Paternity Pay will be paid
by employers for either one or two
consecutive weeks as the employee has
chosen. The rate of Statutory Paternity
Pay will be the same as the standard
rate of Statutory Maternity Pay – from
April 2003, this will be £100 a week or
90% of average weekly earnings if this
is less than £100.
Employees who have average weekly
earnings below the Lower Earnings Limit
for National Insurance purposes (£75 a
week from April 2002) will not qualify
for SPP. Employees who do not qualify
for SPP, or who are normally low paid,
may be able to get Income Support while
on paternity leave. Additional financial
support may be available through Housing
Benefit, Council Tax Benefit, Tax
Credits or a Sure Start Maternity Grant.
Further information is available from
your local Jobcentre Plus office or
Social Security office.
Notice of intention to take paternity
leave.
Employees will be required to inform
their employers of their intention to
take paternity leave within seven days
of the adopter being notified by their
adoption agency that they have been
matched with a child, unless this is not
reasonably practicable. They will need
to tell their employers:
- when the child is expected to be
placed
- whether they wish to take one or
two weeks’ leave
- when they want their leave to
start .
Employees will be able to change
their mind about the date on which they
want their leave to start providing they
tell their employer 28 days in advance
(unless this is not reasonably
practicable). Employees will have to
tell their employers the date they
expect any payments of SPP to start at
least 28 days in advance, unless this is
not reasonably practicable.
Self certificate.
Employees will have to give their
employers a completed self certificate
as evidence of their entitlement to SPP.
A model self certificate for employers
and employees to use (if they wish to do
so) will be available as part of future
detailed guidance. Employers can also
request a completed self certificate as
evidence of entitlement to paternity
leave. The self certificate must include
a declaration that the employee meets
certain eligibility conditions and
provide the information specified above
as part of the notice requirements.
By providing a completed self
certificate, employees will be able to
satisfy both the notice and evidence
conditions for paternity leave and pay.
Employers will not be expected to carry
out any further checks.
Contractual benefits.
Employees are entitled to the benefit
of their normal terms and conditions of
employment, except for terms relating to
wages or salary (unless their contract
of employment provides otherwise),
throughout their paternity leave.
However, most employees will be entitled
to SPP for this period. If the employee
has a contractual right to paternity
leave as well as the statutory right, he
may take advantage of whichever is the
more favourable. Any paternity pay to
which he has a contractual right reduces
the amount of SPP to which he is
entitled.
Return to work after paternity leave.
Employees will be entitled to return
to the same job following paternity
leave.
Protection from detriment and
dismissal.
Employees will be protected from
suffering unfair treatment or dismissal
for taking, or seeking to take,
paternity leave. Employees who believe
they have been treated unfairly will be
able to complain to an employment
tribunal.
Employers’ recovery of payments.
Employers will be able to recover the
amount of Statutory Paternity Pay (SPP)
they pay out in the same way as they can
currently claim back Statutory Maternity
Pay. Employers will be able to claim
back 92% of the payments they make, with
those eligible for small employers’
relief able to claim back 100% plus an
additional amount in compensation for
the employer’s portion of National
Insurance contributions paid on SPP.
In addition, employers who need to
will be able to receive funding in
advance for payments of SPP from the
Inland Revenue.
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