NATIONAL UNION OF TEACHERS APRIL 2009
LEAVE AND PAY FOR ADOPTIVE PARENTS
GUIDANCE FOR MEMBERS
APRIL 2009
Qualifying adoptive parents are entitled to benefit from statutory adoption and paternity leave and pay. You may have a contractual right to adoption and paternity leave and pay as well as your statutory rights, and you may take advantage of whichever is more favourable. If in doubt, you should seek advice from your NUT regional office in England or NUT Cymru in Wales.
If you are adopting with your partner, you will have to decide which of you will apply for adoption leave and pay and which will apply for paternity leave and pay.The statutory benefits are not available to step-parents adopting a step-child. This guidance has been divided into two sections according to whether you are the main adopter of the child or the adopter's partner.
THE ADOPTER
Statutory Adoption Leave
Statutory Adoption Leaveis available to teachers who have agreed to the placement of a child with them by an adoption agency.
If you have been continuously employed byyour employer for at least 26 weeks ending with the week you are notified of the match, you will be entitled to take 52 weeks' leave unless the placement is disrupted. You must give notice to your employer and supply certain evidence related to the adoption. You may begin your adoption leave on the date of the placement or up to 14 days beforehand.
What notice must be given?
You must give your employer notice of your intention to take statutory adoption leave within 7 days of being notified of the match. You must also give your employer certain evidence of the adoption. You may use the Matching Certificate on the DTI website:
If you wish to change the date on which your leave starts, you must give your employer 28 days' notice.
Your employer must notify you in writing of the date your leave will end. Adoption leave will last for 52 weeks unless you return to work early or the placement is disrupted. If the placement is disrupted, your adoption leave will end eight weeks later.
If you intend to return to work early, you must give your employer notice of your intended return. Your local NUT division or NUT regional office in England or NUT Cymru in Wales will be able to advise you on the notice period that applies to you.
What are Keeping in Touch or KIT days?
Keeping in Touch days are days during your period of adoption leave that you may work for your employer without losing your statutory adoption pay. You are entitled to work for your employer for up to 10 whole or part days during your adoption leave. Your employer must not force you to do this. You should seek advice from the NUT before you agree to work on a KIT day to ensure that you are not underpaid.
What happens at the end of adoption leave?
Your employment contract continues during your adoption leave. In the majority of cases you are entitled to return from adoption leave to the same post on the same or improved terms and conditions.If a redundancy situation has arisen, you are entitled to be offered a suitable alternative post.
If your employer tries to prevent you from returning to the same post, seek advice from the NUT.
If you do not wish to return to work at the end of your adoption leave or if you are ill at the end of your adoption leave, you should follow your normal notice or sickness procedure. The NUT will be able to advise you.
What if my employer punishes me for taking adoption leave?
If you have been treated unfairly or unfairly refused adoption leave, or in any way 'punished' for taking such leave, you should seek advice from theNUT.
Statutory Adoption Pay
Statutory Adoption Pay is available to teachers with whom a child is, or is expected to be placed for adoption by an adoption agency.
You will qualify if you have been continuously employed by your employer for at least 26 weeks ending with the week you are notified of the match and you satisfy the earnings requirement.
How do I apply for Statutory Adoption Pay?
At least 28 days before you wish payment to begin, you must give your employer written notice of the date you wish payment to start, the expected placement date and the actual placement date if you wish payment to start on the placement date.
You must also give the employer certain evidence. You may use the Matching Certificate on the DTI website:
Where you are entitled to both adoption pay and leave, you may give notice at the same time so long as you give notice within 7 days of the date after you were notified of the match and no less than 28 days before you wish payment to begin.
When willI receive Statutory Adoption Pay?
You may choose Statutory Adoption Pay to start on either the date the child is placed or on a specific date up to 14 days before the placement date.
It will be paid on a weekly basis for 26 or 39 weeks depending when the child is expected to be placed with you.It will cease if you return to work.
How much is Statutory Adoption Pay?
The weekly rate from 5 April 2009 is the lesser of £123.06or 90% of your weekly earnings. You may also be entitled to contractual adoption pay.
THE ADOPTER'S PARTNER
Statutory Paternity Leave: Adoption
Statutory Paternity Leaveis available to the spouse, partner or civil partner of the adopter.You and the adopter must have or expect to have main responsibility for the child.
If you have been continuously employed by your employer for at least 26 weeks ending with the week the adopter is notified of the match, you will be entitled to take one week or two consecutive weeks' leave. You must give notice to your employer and supply certain evidence related to the adoption. You must takeyour paternity leave for adoption within 56 days of the date the child is placed for adoption.
What notice must I give?
You must give notice to your employer of your intention to take paternity leave for adoption no more than 7 days after the adopter is notified of the match. You must also give your employer certain evidence of the adoption.
You may change your leave start date by giving your employer 28 days' notice.
You must give your employer notice, in writing if your employer requests, of the date that the child was placed as soon as possible after the placement.
What happens at the end of statutory paternity leave?
Your employment contract will continue during your leave. In the majority of cases you are entitled to return to the same job on the same or improved terms and conditions.If a redundancy situation has arisen, you are entitled to be offered a suitable alternative position on terms which are not substantially less favourable.
If your employer tries to prevent you from returning to the same post, seek advice from the NUT.
If you are ill at the end of your statutory paternity leave, you should follow the normal procedures for sickness absence. The NUT will be able to advise you.
What if I wish to take statutory paternity leave and parental leave?
If you wish to take parental leave immediately before or after paternity leave you must give notice for both parental leave and paternity leave.
What if my employer punishes me for taking paternity leave?
If you have been treated unfairly treated or refused paternity leave, you should seek advice from the NUT.
Statutory Paternity Pay: Adoption
Statutory Paternity Pay for adoption ispaid for one week or two consecutive weeks to the spouse, partner or civil partner of the adopter. You and the adopter must have or expect to have main responsibility for the adopted child.
You will qualify if you have been continuously employed by your employer for at least 26 weeks ending with the week the adopter is notified of the match and you satisfy the earnings requirements.
How do I apply for Statutory Paternity Pay for adoption?
You should complete form 'SC4 – Becoming an Adoptive Parent' which gives notice of intention to take paternity leave and serves as an application form for Statutory Paternity Pay. You must give the employer at least 28 days' notice of the date from which you wish the payment to start and you must say whether you wish to be paid for one week or two consecutive weeks.
If you are entitled to paternity pay and leave, you may give notice at the same time so long as you give notice no more than 7 days after the date the adopter was notified of the match and no less than 28 days before you wish payment to begin.
How much is Statutory Paternity Pay?
The weekly rate of Statutory Paternity Pay from 5 April 2009 is the lesser of £123.06 or 90% of your weekly earnings. You may also be entitled to contractual paternity pay. Statutory Paternity Pay is not payable during a week if you work for your employer during any part of a week.
GUIDANCE FOR MEMBERS 1