Principle and statement of intent
You have certain statutory rights if you are adopting a child. These are addressed in turn below; listing what conditions must be met for you to be entitled to the rights. To obtain benefit of each right, you must have complied with all of the conditions. The rules on Adoption leave and pay are very complex and any query should be raised with Bumbles Management team.
Statutory adoption leave
You are entitled to 26 weeks ordinary adoption leave followed by 26 weeks additional adoption leave if you meet the following conditions.
You must: –
- Be newly matched with a child for adoption from an approved adoption agency;
- Have been continuously employed for up to 26 weeks leading into the week in which you are notified of being matched with a child for adoption.
- Provide a ‘matching certificate’ from an approved adoption agency.
Adoption leave can be taken either from the date of the child’s placement or from a fixed date which can be up to 14 days before the expected date of placement. You are only entitled to take one period of leave irrespective of whether more than one child is placed for adoption as part of the same arrangement. If placement ends during the adoption leave period, you will be entitled to continue adoption leave for up to 8 weeks after the end of the placement.
Whilst on ordinary adoption leave and additional adoption leave all contractual benefits except for your pay will be maintained as if you were not absent. At the end of ordinary adoption leave and additional adoption leave you are entitled to return to the job you were in before you went away.
Statutory adoption pay
Statutory Adoption Pay will be paid for 39 weeks, 13 weeks of additional adoption leave is unpaid.
SAP is the same standard rate as set by the Government for Statutory Maternity Pay. You will not be eligible for SAP if your average earnings are below the lower earnings limit for National Insurance Purposes. You should inform Bumbles Day Care of the date you expect any payments of SAP to start, at least 28 days in advance unless this is not reasonably practicable.
Should you wish to take adoption leave you must inform Bumbles Day Care of:
- Your intention to take adoption leave within 7 days of being notified by the approved adoption agency that you have been matched with a child for adoption, unless this is not reasonably practicable.
- When the child is expected to be placed with you; and
- When you want your adoption leave to start.
Should you wish to change the date on which you want your adoption leave to start you must inform Bumbles Day Care at least 28 days in advance, unless this is not reasonably practicable. Bumbles Day Care will write to you within 28 days of your notification of leave, setting out the date on which you are expected to return to work if you wish to take your full entitlement to adoption leave.
Keeping in touch days
You may, if you wish, and Bumbles Day Care agrees, have up to 10 “keeping in touch days” during adoption leave. You will carry out work for Bumbles during these days not limited to your usual job and therefore receive payment for them. If you are receiving Statutory Adoption Pay during these days, Bumbles can count this towards the amount of pay agreed. Payment must be at least the National Minimum Wage and agreed between you and Bumbles. These 10 days may be undertaken at any stage of the adoption leave period, with the agreement of Bumbles Day Care management.
Returning to work
If you wish to return to work at the end of the 52 weeks of adoption leave and have not told your employer that you wish to come back at any other time, you do not need to provide any other notice.
If you wish to change the date of your return, you may do so provided you give your employer 8 week’s notice.
If you decide not to return to work at the end your adoption leave you are entitled to receive your full amount of statutory maternity leave and pay. You must give your employer notice under your contract.
The above information is given for guidance purposes only and confers no extra rights to you beyond those provided by statute.