1. Introduction

1.1 This Policy, which also applies to members of staff adopting children from overseas (see Appendix I), sets out entitlements to adoption leave and pay and the obligations of members of staff who wish to exercise those entitlements, and aims to balance the needs of the University with the needs of the member of staff.  

1.2 This policy reflects the University’s commitment to promote equality in all its activities in line with the University’s Equality & Diversity policy which can be viewed at:
www.gla.ac.uk/services/equalitydiversity/equalitydiversitypolicy/

1.3 The following definitions are used within this policy:

• Statutory Adoption Pay (SAP) - this is paid by the University to staff who meet the statutory conditions.

• Ordinary Adoption Leave (OAL) - the first 26 weeks of adoption leave to which members of staff may be entitled provided they have the necessary service with the University, and they have complied with the notification requirements set out below.   During this period of leave, the member of staff will continue to receive all relevant terms and conditions of employment except (unless otherwise agreed) salary and pension.

• Additional Adoption Leave (AAL) - a further period of 26 weeks’ adoption leave directly following OAL to which members of staff may be entitled provided the OAL has not ended prematurely because of a disrupted placement of the child.   During this period of leave the member of staff will continue to receive all relevant terms and conditions of employment except (unless otherwise agreed) salary and pension.

2. Qualifiying Period For Adoption Leave Schemes

2.1 Subject to the member of staff satisfying the notification requirements set out below, their length of continuous service with the University will determine which scheme, if any, they qualify for (see section 3). 

2.2 Members of staff with less than 26 weeks of service prior to the week in which they are notified of having been matched with a child will not be entitled to adoption leave.

3. Adoption Leave And Pay Entitlement

The different entitlements to adoption leave and pay are as shown below:

Type of leave/scheme            

*SAP equals the lesser of £135.45 per week (as at 6 April 2012) or 90% of the member of staff’s average weekly earnings.

Please note: 

• Where a couple adopts a child jointly, the adoption leave entitlement is only available to one member of the couple. The couple will be able to elect which partner takes adoption leave (the other partner may be entitled to paternity leave). 

• 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 child/children.

4. Time Off For Appointments

A member of staff who is adopting a child will be allowed to take reasonable time off without loss of pay, to allow for formalities, visits and appointments relating to the adoption in the UK.  Members of staff may be requested by the University to provide evidence of such appointments.  Time off for appointments does not cover time spent traveling overseas to arrange an adoption or to visit a child.

5. Notification Process

It is recognised that adoptive parents may not be given much notice of the date when the adoption will take place and may therefore not always be able to give lengthy notice to the University. However, adoptive parents requesting leave should give as much notice as possible to their line manager.   The notification process is as detailed below: 

5.1 The member of staff should inform their line manager that they wish to take adoption leave within 7 days of having been notified by the adoption agency that they have been matched with a child (unless this is not reasonably practicable);

5.2 The member of staff should then enter their request for adoption leave through Employee Self Service, where they will be required to state: the date that they expect the child to be placed with them; when they intend the leave to commence (28 days’ notice of this date should be given); and, subject to meeting the qualifying criteria for the University Adoption Leave Scheme, the scheme (either Option A or B) they wish to take.  The member of staff must also declare that they have elected to receive Adoption Pay rather than Paternity Pay in respect of the adoption;

5.3 The Adoption Certificate (or other appropriate documentation issued by the relevant adoption agency) should be forwarded to the relevant College/University Services HR team as soon as possible;

5.4 On having been notified of the request for adoption leave, College/University Services HR will write out to the member of staff to confirm the leave and pay arrangements.  The adoption leave entitlement will be calculated from the date of cessation of work.

Please note, the notification requirements are the same regardless of what scheme the member of staff qualifies for.

6. Commencement Of Adoption Leave

6.1 Leave must be taken 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.

6.2 The member of staff can change the date on which they wish the adoption leave to start provided that they give 28 days’ written notice of the new start date to their line manager (with copy to the relevant College/University Services HR team), or, if that is not possible, they notify them as soon as reasonably practicable.

6.3 Confirmation of the actual date of placement must be forwarded once the placement has taken place.

7. Keeping In Touch During Adoption Leave

7.1 During the adoption leave period the line manager and the member of staff should make reasonable contact with each other. The frequency and mode of communication should be agreed between both parties prior to the commencement of the leave.  If the member of staff wishes to be kept updated on certain matters or developments whilst on adoption leave, this again should be discussed and agreed before the leave commences. 

7.2 Keeping in Touch (KIT) Days - On agreement with their line manager, staff may work up to a maximum of 10 days during the adoption leave period, known as ‘keeping in touch’ days. These days may be taken at any stage during the adoption leave.  Keeping in touch days should be mutually agreed - the member of staff is not required to undertake such days, and the University is not obliged to agree to them. Staff will receive the normal hourly/salary rate for the hours worked on such days. This will be calculated inclusive of any adoption payment the member of staff is receiving at the time.  For example, if a member of staff is receiving half adoption pay, an additional 50% of the full hourly rate will normally be paid.  Staff receiving full adoption pay will not receive any additional payments.  If a member of staff is not receiving any pay, the full hourly/salary rate for the hours worked will normally be paid.  The type of work undertaken should be agreed between the member of staff and their line manager. 

KIT days can include training courses, staff meetings, away days, performance & development reviews, etc. and should not be restricted to the performance of the member of staff’s normal duties. It is the responsibility of the line manager to monitor KIT days, and to record these within Manager Self Service within 5 days of the member of staff attending work.

8. Returning To Work After Adoption Leave

8.1 Change of return date – notice required – If a member of staff intends to return to work before the end of their full adoption leave period (i.e. 52 weeks) they must give 8 weeks’ written notice of the date on which they intend to return to their line manager (with a copy to the relevant College/University Services HR team). If the required notice is not given, the line manager may postpone their return until the full 8 weeks’ notice has been given.

8.2 Right to return to the same/similar role –  A member of staff returning to work from a period of ordinary adoption leave will generally return to the job in which they were employed prior to the leave, on the terms and conditions that would have applied had the member of staff not been absent.  Where a member of staff is returning from a period of additional adoption leave, they are entitled to return either to the same job, or if this is not reasonably practicable (for example due to a unit restructure), to an equivalent job which would be considered suitable alternative work, on terms and conditions no less favourable than would have applied if the member of staff had not been absent.

8.3 Right to request flexible working – On returning from a period of adoption leave, a member of staff has the right to request a change to their working hours/pattern.  Whilst there is no automatic right to have this request approved, all requests for part-time work or other flexible working arrangements will be considered in line with operational requirements and needs.  If a member of staff would like this option to be considered, they should write to their line manager setting out their proposals as soon as possible in advance of their return date.  The procedure for dealing with such requests is set out in the University’s Options for Flexible Working Policy.  Please note, any changes made under this policy will be permanent and staff do not have a right to subsequently revert to their original hours of work/working pattern at a future date.

9. Members Of Staff Not Returning To Work

9.1 If the member of staff does not intend to return to work, they must comply with their obligation to give notice as set out in their terms and conditions of employment.

9.2 The University will reclaim the whole or part of the non-statutory element of adoption pay if the member of staff does not return to work, through choice, for a period of at least 3 months following their return from adoption leave.

10. Disruption To The Placement

In the event of a disruption to the placement of a child, the entitlement to leave will remain in place for 8 weeks following the disruption (or until the end of the member of staff’s adoption leave period if that is sooner).   A disruption will be deemed to have occurred where a member of staff has commenced adoption leave prior to the child’s placement and they are then informed that the placement will not be made; where the child is returned to the adoption agency during the adoption leave; or when a child dies during the adoption leave.  Members of staff must give 8 weeks’ notice if they are returning to work earlier than expected because of a disrupted placement.

11. Transfer Of Adoption Leave (Additional Paternity Leave)

11.1 Where a member of staff, who is notified of a match with a child on or after 3 April 2011, proposes to return to work early without using their full 52-week entitlement to adoption leave, they may be eligible to transfer up to 26 weeks of their outstanding adoption leave (and outstanding SAP) to their spouse, civil partner or partner (including same sex partners), to be taken as additional paternity leave/pay on the member of staffs’ return to work.

11.2 Key points to note: 

• The earliest that additional paternity leave may commence is 20 weeks after the adopted child’s placement;

• Whilst the leave does not need to follow on directly from the cessation of the adoption leave, 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. The member of staff must therefore have at least two weeks of their adoption leave that remains unexpired.

11.3 Further details regarding the transfer of adoption leave should be obtained from the employer of the spouse/partner*.  In the event that a member of staff wishes to transfer part of their adoption leave entitlement in this way, they will be required to submit a written and signed declaration form to the employer, who may also make additional enquiries of the University to verify its employee’s entitlement to additional paternity leave and pay.  *Where the spouse/partner is also employed at the University, the University’s Paternity Leave Policy will apply.

12. Rights And Obligations

12.1 Only one period of adoption leave is available irrespective of how many children are adopted as part of the same arrangement.

12.2 During periods of OAL and AAL the member of staff is entitled to all relevant terms and conditions of employment (except for payment of salary/pension) which would have applied had they not been absent.

12.3 Where a member of staff exercises their right to return to work following a period of adoption leave, the period of absence will be considered continuous service with the University for the purpose of seniority, redundancy rights and other similar rights.

12.4 Pension rights and contributions shall be managed in accordance with the provisions of the relevant superannuation scheme, providing that these provisions do not conflict with any statutory requirements that may apply at the time.

12.5 The member of staff will be entitled to progress through the normal annual increments on the University’s salary scale in accordance with their terms and conditions of employment, to take effect from the normal incremental date.

12.6 Annual leave entitlement will continue to accrue, as normal, during ordinary and additional adoption leave.  Any accrued annual leave may be used in lieu of an equivalent amount of unpaid adoption leave subject to the approval of the Head of School/RI/University Service

12.7 During periods of OAL and AAL the member of staff is required to fulfill the obligations of their terms and conditions of employment with the University, except where those obligations are inconsistent with the right to leave.

13. Other Provisions

13.1 Average weekly earnings will be calculated in accordance with the statutory adoption pay regulations that may apply at that time. 

13.2 This policy will be regularly reviewed by the University and may be amended at any time following appropriate consultation.

14. Further Information

For further advice and information on this policy, please contact your College/University Services HR team.

15. Useful/Related Links

Information on the childcare voucher scheme can be viewed at: 
www.gla.ac.uk/services/benefitsplus/childcareplus/

Details of the University's nursery can be viewed at:
www.gla.ac.uk/services/nursery

Guidance for managers:
Guidance Notes for Managers (Adoption Leave)