Family Matters
Adoption Policy
The FSA’s policy on adoption leave is split into two parts:
- Adoption leave and pay for individuals who adopt; or
the 'main adoptive parent' in a couple where a couple adopt jointly. You may decide with your partner who takes main adoption leave.
- Paternity adoption leave for the 'supporting parent' i.e the partner of an individual who adopts or the other member of a couple who adopt jointly.
Adoption leave
Eligibility
To qualify for adoption leave, you must:
- be newly matched with a child for adoption by an approved adoption agency;
- have agreed with the adoption agency that the child should be placed with you for adoption;
- have continuously worked for the FSA for 26 weeks leading into the week in which you are notified of being matched with a child for adoption; and
- provide a matching certificate of evidence of your entitlement to adoption leave.
You will not be eligible for adoption leave and pay if your child is not newly matched for adoption, for example, if you are a step-parent adopting your partner’s children.
Length of adoption leave
Provided you meet the eligibility conditions and comply with the notice requirements below, you can take up to 26 weeks ordinary adoption leave and a further 26 weeks’ additional adoption leave. Additional adoption leave begins the day after the last day of your ordinary adoption leave.
Commencement of adoption leave
You can choose to commence your adoption 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 commence on any day of the week.
You will be entitled to only one period of leave irrespective of whether more than one child is placed for adoption as part of the same arrangement.
If your child’s placement ends during the adoption leave period, you will be able to continue adoption leave for up to eight weeks after the end of the placement.
Statutory Adoption Pay (SAP)
During your adoption leave, you may be entitled to receive Statutory Adoption Pay (SAP).
To qualify for SAP you must:
- have at least 26 weeks' service leading into the week in which you are notified of being matched with a child for adoption;
- have average weekly earnings of not less than the lower earnings limit for the payment of National Insurance Contributions (NIC);
- have provided the FSA with notice of adoption absence and a matching certificate;
- be on adoption leave; and
- have elected in writing to receive SAP (a form for this purpose is available from the HR Helpline).
You will not be eligible for SAP where:
- you have elected to receive Statutory Paternity Pay (SPP); or
- your child is, or expected to be, placed for adoption with you, and your partner has elected to receive SAP; or
- you are receiving Statutory Sick Pay.
SAP is payable for a maximum of 39 weeks and is only payable if you are absent from work on adoption leave.
You can elect your SAP to start:
- on the date on which your child is placed with you for adoption or, where you are at work on that date, on the following day; or
- on a predetermined date chosen by you which is no earlier than 14 days before you are due to be matched with a child and no later than that date.
But in any case it will begin no earlier than 28 days after you have given notice of your claim for SAP.
The rate of SAP is the same as the standard rate of Statutory Maternity Pay - £117.18 from 6 April 2008. SAP is payable for the full period of ordinary adoption leave (26 weeks).
SAP will be paid into your bank account on the same date that your adjusted salary would have been payable and will be subject to deductions for tax and national insurance in the usual way.
If you do not qualify for SAP you may be entitled to financial support from your Local Authority. The HR Helpline will provide you with the information on which you can make a claim.
Notification requirements
Within seven days of being notified by your adoption agency that you have been matched with a child for adoption, you should give written notice to your HR Relationship Manager of the following:
- the date you were notified of being matched with a child;
- the date the child is expected to be placed with you; and
- the date on which you want your adoption leave to start (see above – Commencement of adoption leave).
At the same time you must provide a copy of your matching certificate.
If you wish to claim SAP, you must also give the HR Helpline written notice of your wish to claim SAP, a form for this purpose is available from the HR Helpline; and
You must provide notice for SAP at least 28 days before you want your SAP to start.
FSA will acknowledge receipt of your notice within 28 days and confirm the start date of your adoption leave and your expected return date if you take your full entitlement of adoption leave.
Change in leave and SAP date
You can change the date on which you want your adoption leave and SAP to start provided you give at least 28 days’ written notice. If it is not possible for you to give notice in time, you must give notice as soon as is reasonably practicable.
You must complete a new form when you change your mind about your leave/SAP dates.
Returning from adoption leave
If you return to work at the end of your full adoption leave period you do not need to notify us in advance of the date of your return. Unless you notify us otherwise (see below), the date on which you return to work will be:
- if you do not qualify for additional adoption leave, the first working day after the end of your 26 weeks’ ordinary maternity leave; or
- if you do qualify for additional adoption leave, the first working day after the end of your 26 weeks’ additional adoption leave.
If you wish to return to work before the end of your full adoption leave period, you must give your line manager not less than 8 weeks advance notice. If you fail to do so, your return to work may be postponed to a date that will ensure that the notice period is served.
The job that you will be entitled to return to will be as follows:
- Returning after OAL – you will be entitled to return to the same job on same terms and conditions as if you had not been absent
- Returning after AAL – you will be entitled to return to the same job on same terms and conditions unless this is not reasonably practicable, in which case you will be entitled to be offered suitable alternative work.
You may find it helpful to keep in touch with your line manager during your adoption absence. If you do not wish to return to work at all after adoption leave, you must give the FSA your normal written notice of resignation as required in your Contract of Employment.
Benefits and Contract of Employment
While you are on ordinary adoption leave (OAL), providing you have given the required notice as detailed above, the following applies:
- all benefits which you were receiving immediately before you began your adoption leave (as set out in your most recent Confirmation Statement) will continue with the exception of remuneration;
- holiday entitlement will continue to accrue. Accrued holiday should be taken within 12 months of your return to work. You will not normally be paid in lieu of untaken holiday; and
- we will continue to pay contributions to the FSA Pension Plan on your behalf for as long as you are being paid SAP.
While you are on additional adoption leave (AAL), the following applies. AAL refers to the period 26 weeks following the end of OAL.
- all benefits which you received immediately before you began your adoption leave (as set out in your then most recent Confirmation Statement) will continue for the full period of your additional adoption leave apart from pension and remuneration; and
- holiday entitlement will continue to accrue. Accrued holiday should be taken within 12 months of your return to work. You will not normally be paid in lieu of untaken holiday.
For both statutory and contractual purposes, continuity of employment is not broken by OAL or AAL. The period of adoption leave counts for calculating continuous employment for statutory and contractual purposes except for membership of the FSA Pension Plan.
Your Contract of Employment with the FSA will continue during OAL and AAL except for the terms in relation to remuneration and the arrangements described above. During your adoption leave you will not, of course, be required to work nor will the FSA be required to provide you with work. If you do not intend to return to work following adoption leave, you must give normal written notice of your resignation to the FSA in accordance with your contract of employment. If you fail to give notice and fail to return to work at the end of your relevant period of leave (without informing the FSA of a genuine reason for absence such as sickness), you will be treated as having resigned from the FSA. Your employment and contract will come to an end as a result of your resignation.
Failure to return to work means you will not qualify for the return to work arrangements described below and will be required to repay any enhanced adoption payments made to you during your adoption absence period.
FSA Payments in addition to Statutory Adoption Pay
FSA will enhance your SAP in the following ways:
For the first 6 weeks of adoption leave, your SAP will be enhanced to 100% pay.
You may choose how you would like to receive a further enhancement to your SAP. Either:
- For weeks 7 to 18 of your adoption leave, FSA will supplement your SAP with an additional 50% of your Pensionable Salary or £275 per week, whichever is the greater, in addition to SAP. Alternatively, you may wish to receive the full amount in one lump sum at some point (to be specified by you) during your adoption leave. The payments will be subject to deductions for tax and NIC. If you decide not to return to work following adoption leave you will be required to repay the additional payments.
or
- If you return to work with the FSA after a period of adoption leave (whether ordinary or additional leave), you will be entitled to receive a return to work bonus. This can be taken any time up to 3 months after your return to work. The bonus will be either 6 weeks’ pensionable salary (at the rate payable on commencement of the period of leave) or £3,300, whichever is the greater. The return to work bonus will be subject to deductions for tax and NIC.
You should notify the HR Helpline before you commence adoption leave, whether you wish to receive the enhancement as a supplement during your adoption leave or as a return to work bonus.
If you return to work after a period of AAL and work continuously for the FSA for 12 calendar months (apart from authorised holiday or sickness absence), the FSA will ensure that:
- your pensionable service for the purposes of the FSA Pension Plan is treated as continuous service (i.e. that it includes the full period of additional adoption absence and not just the 26 week ordinary adoption leave); and
- a special employer contribution is made to the FSA Pension Plan on your behalf. This will cover the full period of additional adoption absence (and not just the period when you receive SMP) at the contribution rate applicable on commencement for the period of leave.
If you are unable to return to work following adoption leave due to sickness the above pension provisions will not be made until you have returned to work for a period of 12 continuous months.
Paternity leave and pay for adoptive parents
You may be entitled to paternity leave and pay (adoption) where you, your partner or both of you adopt a child and the adopted child is matched with you, your partner, or both of you. You cannot take paternity leave on top of main adoption leave but you may decide that your partner will take main adoption leave and you will take paternity leave.
Eligibility for paternity leave (adoption)
You need to satisfy the following conditions to qualify for paternity leave. You must:
- not be taking main adoption leave;
- have or expect to have responsibility for the child’s upbringing
- be married to or be the partner of the child’s adopter (a person who lives with the adopter in an enduring family relationship but is not a blood relative);
- have worked continuously for the FSA for 26 weeks leading into the week in which you or your partner is notified of being matched with a child, and
- provide a self-certificate as evidence of your entitlement to paternity leave (adoption).
Length of paternity leave (adoption)
You will be entitled to choose to take either one week or two consecutive weeks' paid paternity leave (not odd days).
You can choose to start your 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 predetermined date which falls after the expected placement date.
Leave can start on any day of the week or following the child’s placement but must be completed within 56 days of the child’s placement.
You will be entitled to only one period of leave irrespective of whether more than one child is placed together.
Statutory Paternity Pay (adoption)
Please refer to the standard Paternity Leave policy
Notification requirements before starting paternity leave (adoption)
Within at least seven days of you or your partner being notified by the adoption agency that you have been matched with a child, you should give written notice to the HR Helpline of the following:
- the date you or your partner were notified of being matched with a child;
- the date the child is expected to be placed with you;
- whether you wish to take one or two weeks’ leave; and
- the date you want your leave to start - see Length of paternity leave (adoption)
At the same time, you must provide a copy of your matching certificate.
If you wish to claim SPP, you must also give to the HR Helpline:
- written notice of your wish to claim SPP and the date you expect SPP to start;
- a signed declaration in the form of a self-certificate; and
- your matching certificate (if you have not already provided it).
You must provide notice of at least 28 days before you want your SPP to start. You should also, as soon as reasonably practicable, inform the HR Helpline in writing, when your child is placed for adoption.
You can change your mind about the date on which you want your leave and SPP to start providing you tell your line manager and the HR Helpline at least 28 days in advance of the date your leave/SPP was due to begin. You must complete a new self-certificate when you change your mind about your leave/SPP dates.
If it is not possible for you to give notice in time, you must give notice as soon as is reasonably practicable.
Self certification
You must provide the HR Helpline with a completed self-certificate as evidence of your entitlement to claim paternity leave and/or SPP. This form is available on our Intranet.
Returning to work
Please see the standard paternity policy.
Enquiries and further information
If you have any other questions about the policy or about any other aspects of your adoption rights, please contact the HR Helpline immediately.
Please note that the paternity policy does not form part of your Contract of Employment with the FSA and it may be changed by the FSA at any time