Adoption leave
Additional information
1. Annual leave
You will continue to accrue annual leave during your adoption leave. If you are unable to take all of your annual leave entitlement in a particular year because of your adoption leave you are allowed to carry forward any untaken annual leave to the following leave year. Prior to starting your adoption leave you should discuss arrangements for using annual leave with your manager.
If you are on adoption leave on a public/statutory or customary holiday you are allowed to take the day(s) of holiday at a mutually convenient time (i.e. agreed with your line manager).
Annual leave cannot be taken during a period of adoption leave. It must be taken either prior to, or following adoption leave. Any annual leave taken following the placement of the child will be deemed to be a 'return to work' for the purposes of adoption regulations. You will therefore be expected to resume your normal duties following the period of leave. If payroll has not already been informed of leave arrangements, then the manager must do so in writing. This notification should be in writing and confirm the date adoption leave ended and the annual leave dates.
2. Pension
If you are a member of the USS or University of York Pension scheme, the University will continue to make its usual contribution for the whole of the time you are receiving Occupational or Statutory Adoption Pay. During any unpaid adoption leave your active pension scheme membership will be "suspended". This means that the period will not count as pensionable service, but that benefits will be paid in the event of their death or ill-health retirement during adoption leave, on the basis of the service and salary which counted at the end of their paid adoption leave.
Further information about pension arrangements while on adoption leave is available from pensions@york.ac.uk.
3. Rewards extra
- SAP is based on your earnings in the 8 week period up to and including the 15th week before the adoption match or, in the case of surrogacy, the baby is due (the 'qualifying period'). It is calculated using the post-sacrifice salary which means that SAP will be reduced for individuals receiving benefits as part of a salary exchange scheme at that point.
- You should review whether you wish to continue to receive benefits as part of a salary exchange scheme. Where you decide to leave the scheme you will need to complete a lifestyle change form.
- In the case of the Childcare Voucher Scheme you should contact hr-enquiries@york.ac.uk (HR Services) if you are thinking of leaving. Changes must be confirmed at least 6 weeks before the change is to take effect.
4. Managing redundancy and the ending of a contract during adoption leave
If your contract is due to end during your adoption leave, the University's redundancy policy will be used.
With your agreement, redundancy consultation may start early, i.e. before your adoption leave begins. This will not affect your statutory or contractual rights and you will still receive access to redeployment opportunities, if relevant, at the appropriate time.
It's likely that you will have taken some or all of the occupational element of adoption pay. Under normal circumstances you would be expected to return to work for at least 3 months. Where this is not possible due, for example, to the contract expiring, you will not be required to return to work for the full 3 months and occupational adoption pay under the University scheme, if applicable, will be paid until the expiry of the contract.
If your contract ends before your entitlement to SAP ceases, you will remain on the University's payroll for the remainder of the period for which you are eligible for SAP. All of your SAP entitlement will be paid via the University. Your leaving date will be the date on which funding ceased, so contractual benefits such as leave entitlement and redundancy calculations would be based on this date.
5. Sickness absence
If you are unable to return to work at the end of adoption leave due to ill health, this will be managed under the Sickness Absence policy. A fit note will be required for absence immediately following on from the date of the end of adoption leave, even if this subsequent absence is for seven calendar days or less.
Adoptions from Overseas
Specific advice should be sought from hr-enquiries@york.ac.uk regarding adoption leave and pay if you are considering adopting a child from overseas. Many of the provisions will be the same, but there are some variations due to differences in the adoption process.
To qualify for adoption leave and pay, an 'overseas adopter' must:
- tell the University the date of the official notification and the estimated date that the child will arrive in Great Britain. This must be done within 28 days of receipt of the official notification
- tell the University the actual date the child arrives in Great Britain within 28 days of this date
- give the University at least 28 days' notice of when they want to start their adoption leave and pay (which can only be taken from when the child enters Great Britain)
- give the University the required proof of the adoption.
Official notification is permission from a UK authority for an adoption from abroad. This is provided by or on behalf of the relevant British authority i.e. the authority that is prepared to issue a certificate to the relevant overseas authority in connection with the adoption - or has already done so.
Some adopters don't qualify for adoption leave and pay
An 'adopter' will not qualify for adoption leave and pay if they:
- arrange a private adoption
- become a special guardian or kinship carer
- adopt a stepchild
- have a child with the help of a surrogate, where the intended parents are not eligible for a Parental Order
- adopt a family member