Adoption Leave
1. Policy on Adoption Leave
The University is fully committed to helping working parents to balance work and family life, whilst this is compatible with the interests of the University.
The University's policy on maternity leave has been revised to reflect the provisions of the Work and Families Act 2006 and the Maternity and Parental Leave etc and the Paternity and Adoption Leave (Amendment) Regulations 2008.
The University operates a preferential contractual adoption leave scheme for staff who meet certain qualifying conditions. Full details of eligibility requirements and the preferential benefits available under the University adoption leave scheme are provided in Section 2.
Staff members who do not meet the qualifying conditions of the University adoption leave scheme may fall within the scope of the statutory adoption leave scheme. Details of eligibility requirements and benefits available under the statutory adoption leave scheme are provided in Section 3.
The University also provides a range of support for staff returning to work following adoption leave, including the Women Academic Returners' Programme, the Childcare Voucher Scheme and policies on flexible working arrangements. Further information can be found via the links on the right of this page.
Queries on the application of this policy should be directed to the Department of Human Resources.
2. University Adoption Leave Scheme
2.1 Criteria for Eligibility
All adoptive parents who are matched with a child for adoption on or after 1 April 2007 are entitled to take up to a maximum of 52 weeks adoption leave, combining both paid and unpaid leave. This is regardless of the number of hours they work or their length of service.
A member of staff is entitled to the University of Sheffield Adoption Leave Scheme, as set out in this document, provided that they meet the statutory criteria set out in section 3.1 below and the following criteria:
- They will have had at least 12 months continuous service with the University leading into the week in which they are notified of being matched with a child for adoption.
- They provide a written undertaking to return to their post for a minimum of three months following the end of their adoption leave period*.
- They provide notification of their intention to take adoption leave to their Head of Department as set out in section 4 below.
Staff who do not qualify for the University adoption leave scheme based on this criteria should refer to the Statutory Adoption Leave Provisions.
*Staff on fixed-term contracts will be expected to return to work for 3 months or to the end of the contract, whichever date is sooner. If the staff member's contract is due to expire during the period of adoption leave, and no new contract is available, no undertaking to return will be required and adoption leave with pay under the University scheme will be made until the expiry of the contract.
2.2 Adoption Leave Entitlement
The maximum adoption leave period, combining paid and unpaid leave, is 52 weeks. This comprises:
Adoption Leave with Pay
Staff who qualify for the University adoption leave scheme will be entitled to choose one of the following options for payment during adoption leave, all of which are inclusive of any entitlement to statutory adoption pay (SAP):
- 18 weeks leave on full pay, followed by 21 weeks SAP (totalling 39 weeks paid leave); or
- 12 weeks leave on full pay, followed by 12 weeks leave on half pay, followed by 21 weeks leave on pay at a rate equivalent to the current level of SAP (totalling 45 weeks paid leave)
Payment of adoption pay commences on the day after the member of staff last worked.
The preferred option for paid leave should be indicated within the letter of notification and form referred to in section 4.
Unpaid Adoption Leave
The amount of unpaid adoption leave will vary according to the paid leave option selected and will also be affected by the amount of annual leave taken.
- If a member of staff receives 39 weeks paid leave, the maximum unpaid entitlement will be a further 13 weeks.
- If a member of staff receives 45 weeks paid leave, the maximum unpaid entitlement will be a further 7 weeks.
The maximum paid and unpaid adoption leave period is 52 weeks. Annual leave entitlement may be used to offset periods of unpaid adoption leave.
3. Statutory Adoption Leave Entitlements
3.1 Criteria for Eligibility
A member of staff who has completed 26 weeks' continuous service ending with the week in which they are notified of being *newly matched with a child for adoption is eligible for statutory adoption leave in the following circumstances:
- where as an individual they adopt; or
- where they are a member of a couple who adopt (the couple must choose which partner takes adoption leave). The other partner may be entitled to paternity leave, providing they meet the qualifying criteria, as set out in the University's policy on paternity leave.
* Adoption leave and pay are not available in circumstances in which a child is not newly matched for adoption, for example, where a step-parent is adopting a partner's child.
Only one period of leave will be available irrespective of whether more than one child is placed for adoption as part of the same arrangement.
3.2 Statutory Adoption Leave
All staff, who meet the statutory criteria, as set out in Section 3.1 above are entitled to 26 weeks ordinary adoption leave (OAL) and 26 weeks additional adoption leave (AAL), following which the member of staff has the right to return to their post.
All conditions of service, except for pay, will be maintained during this leave.
3.3 Statutory Adoption Pay (SAP)
To qualify for SAP, a member of staff must satisfy all of the following conditions:
- have average weekly earnings in the eight weeks up to and including the qualifying week which are at least equal to the lower earnings limit for the payment of National Insurance contributions
- have provided a matching certificate at least 28 days before the adoption absence is due to start (unless this is not reasonably practicable)
- have stopped working to take adoption leave
A staff member is required to notify the University at least 28 days in advance of the date that they wish the payment of SAP to start, via the Department of Human Resources, unless this is not reasonably practicable.
Provided that the conditions above have been satisfied, a member of staff will be entitled to receive:
- a flat rate payment for 39 weeks, which is the lesser of the standard rate of SAP (paid at a rate set by the government for the relevant tax year, as of 6 April 2010 £124.88 per week) or 90% of the member of staff’s average weekly earnings.
SAP is only payable when the staff member is absent from work on adoption leave. Staff may return to work within the paid leave period, but will forfeit entitlement to statutory adoption pay in these circumstances (with the exception of up to a maximum of 10 keeping in touch days details on which can be found in Section 5.4). Where wishing to return before the end of the paid leave period, staff should confirm their intention in writing to the Department of Human Resources.
Payment of SAP commences on the day after the member of staff last worked.
If a member of staff is not entitled to SAP they may be able to seek financial support through Housing Benefit, Council Tax Benefit or Tax Credits. Further information should be sought from their Job Centre Plus/Social Security Office.
4. Application for Adoption Leave - All Schemes
4.1 Notification
A member of staff wishing to take adoption leave should complete form Adoption 1 and submit this 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) to their Head of Department. The form will require confirmation of the following details:
- the adoption leave scheme for which eligible (University or Statutory),
- when the child is expected to be placed with them,
- the date adoption leave should start,
- the date adoption leave should end.
The Head of Department shall sign form Adoption 1 and forward this to their customary HR contact in the Department of Human Resources. The notification will need to be supported by a matching certificate from their adoption agency as evidence of their entitlement to adoption leave and SAP. This should be sent directly to the Department of Human Resources as soon as it becomes available.
Following receipt of form Adoption 1, duly completed and signed, the Department of Human Resources will write to the staff member, cc Head of Department, within 28 days, to acknowledge the notification and confirm adoption leave arrangements as appropriate.
Members of staff may change the date on which they want their leave to start providing they inform their Head of Department and the Department of Human Resources at least 28 days in advance (unless this is not reasonably practicable). The member of staff may also postpone their adoption leave start date, provided they advise their Head of Department and the Department of Human Resources in writing at least 28 days before the original proposed start date.
4.2 Starting Adoption Leave
Adoption leave may begin:
- 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.
If the placement is notified earlier than anticipated, and prior to the planned adoption leave period, the Head of Department should be notified of the revised commencement of adoption leave as soon as possible. Any queries on this matter should be directed to the Department of Human Resources.
5. Additional Provisions Applicable to All Schemes
5.1 Additional Paternity/Partner Leave
Additional Paternity/Partner Leave (APL) of up to 26 weeks may be available to adoptive parents within the first year after the child´s placement for adoption (or in the case of a child adopted from overseas after the child enters the UK). The earliest that APL may commence is 20 weeks after the date of placement of the child for adoption, and it must end no later than 12 months after the date of placement. APL is to enable the joint adopter/partner (who did not take adoption leave) to care for the child.
In order to gain APL various eligibility criteria must be met and your partner/ or joint adopter must apply for the leave to their own employer. Your Partner´s application process may require you to sign a declaration confirming the details of your own adoption leave and pay. Alternatively or in addition to this, their employer may also as part of their procedure request further information from TUOS as to your adoption leave. If this is the case, this will not be provided without first gaining your consent.
Details of the University´s APL scheme is now available via the Human Resources web pages. Should your partner decide to apply for APL you will still need to complete the relevant adoption leave application process for the period of adoption leave/pay you wish to apply for.
5.2 Accrual of Leave during Adoption Leave
Contractual annual leave will be accrued during the whole period of adoption leave.
Entitlement to public holidays will be accrued during adoption leave in accordance with the University's Guidelines on Public Holidays and Closure Days Entitlements for Part-time Staff.
Annual leave may be taken following the end of the full adoption leave period. A maximum of 5 days annual leave can be carried over from one annual leave period to the next, subject to approval by the Head of Department.
5.3 Superannuation Contributions
During periods of full pay the contribution arrangement will remain as normal.
During periods of half pay and statutory pay superannuation deductions will be deducted as a percentage of the actual salary payment received, while full pensionable service will be credited (i.e. the University´s contributions will be based on the salary that would have been received had the staff member not been on maternity leave).
During periods of unpaid adoption leave a staff member's membership of the superannuation scheme will be suspended. If a staff member wishes to continue with superannuation contributions over this period, she would have to cover the cost of both the staff member's and the employer's contribution.
Please contact the Superannuation Section of the Salaries Department to discuss any other superannuation/pension matters.
5.4 Other contractual entitlements
During the whole period of adoption leave the staff member is entitled to receive all contractual benefits with the exception of remuneration. This includes all non-cash benefits such as childcare vouchers.
5.5 Contact during Adoption Leave
Shortly before a member of staff´s adoption leave starts, the Head of Department/line manager will discuss the arrangements for them to keep in touch during their leave, should they wish to do so. The University has the right in any event to maintain reasonable contact with the member of staff from time to time during their adoption leave. This may be to discuss the member of staff´s plans for return to work, to discuss any special arrangements to be made or training to be given to ease their return to work or simply to update them on developments at work during their absence.
5.6 Keeping-in-touch days
An employee can agree to work for the University (or to attend training) for up to 10 days during their adoption leave period, without that work bringing the period of their adoption leave to an end and without loss of a week´s statutory adoption pay. These are known as `keeping-in-touch´ days. Any work carried out on a day shall constitute a day´s work for these purposes.
The University does not have the right to require a member of staff to carry out any work, and the member of staff has no right to undertake any work, during their adoption leave. For any work undertaken, the member of staff will receive time off in lieu equivalent to one day, or payment for one day´s work. This should be agreed in advance of the keeping-in touch day being undertaken.
Any keeping-in-touch days worked do not extend the period of adoption leave. Once the keeping-in-touch days have been used up, the member of staff will lose a week´s SAP for any week in which they agrees to work for the University. Such situations should be discussed with the customary HR contact within the Department of Human Resources in advance.
6. Returning from Adoption Leave
The member of staff will have been advised in writing by the University of the date on which they are expected to return to work. The member of staff is expected to return on this date, unless they notify the University of alternative arrangements.
Whilst the member of staff is under no obligation to do so, it would assist the University if they confirm to their Head of Department/line manager as soon as convenient during their adoption leave that they will be returning to work as expected.
If a member of staff wishes to return to work earlier than the expected return date, they must give the University at least eight weeks notice of their date of early return, in writing. If the member of staff fails to do this the University reserves the right to postpone their return to such a date as will give the University eight weeks´ notice, provided that this is not later than the expected return date.
It is imperative that the Department of Human Resources are notified as soon as possible if the date of return changes to ensure that the salary of the staff member is not adversely affected.
If a member of staff decides not to return to work after adoption leave, they must give notice of resignation as soon as possible and in accordance with their terms and conditions. If the notice period would expire after adoption leave has ended, the University may require the member of staff to return to work for the remainder of the notice period. If a member of staff has opted for the University´s adoption leave scheme the University will reclaim the whole or part of the non-statutory element of adoption pay if the member of staff fails to return to work and continue in employment for at least 3 months (as detailed in Section 2.1).
If the child's placement ends during the adoption leave period, the adopter will be able to continue adoption leave for up to 8 weeks after the end of the placement.
6.1 Rights on or after return to work
On resuming work after ordinary adoption leave (first 26 weeks), a member of staff is entitled to return to the same job as they occupied before commencing adoption leave on the same terms and conditions of employment as if they had not been absent.
On resuming work after additional adoption leave (after 26 weeks´ ordinary maternity leave) a member of staff is entitled to return to the same job as they occupied before commencing adoption leave on the same terms and conditions as if they had not been absent. However, if it is not reasonably practicable for the University to allow the member of staff to return to the same job, the University may offer the member of staff suitable alternative work, on terms and conditions that are no less favourable than would have applied if they had not been absent.
6.2 Flexible Working Arrangements
Full consideration will be given to requests from members of staff who wish to change their working commitment and/or arrangements upon returning from adoption leave. Staff members should submit requests as far in advance of the return date as reasonably practicable, to allow adequate time for the request to be fully considered and where appropriate, the necessary Departmental arrangements to be put in place. For further details please refer to the University's policies and procedures on flexible working.
6.3 Continuity of Service
Where a member of staff returns to work following adoption leave, the period of absence due to adoption leave will not affect the individual's recognised continuous service for employment rights purposes e.g. redundancy, pensions etc. Therefore, they will be entitled to receive the customary annual increment on their scale in accordance with their normal increment date.
6.4 Records and Notification to the Salaries Office
On receipt of the completed forms and following written confirmation to the member of staff the Department of Human Resources shall:
- advise the Salaries Office, on form Adoption 2 that the staff member is eligible for adoption leave
- place a copy of the request, and all subsequent information in relation to a request, upon the member of staff's personal file.
7. Review
This revised policy was implemented by the Department of Human Resources with effect from 5 October 2008 and shall continue to be reviewed on a regular basis to ensure compliance with relevant legislation.
Department of Human Resources
6 April 2010