Human Resources
Updated April 2014
SR/HR/ Adoption Leave

ADOPTION LEAVE AND PAY
1.0 INTRODUCTION
1.1 Where a couple are adopting jointly they can choose which of them will take adoption leave and pay (where eligible), and the other (regardless of gender) may take paternity leave and pay (where eligible).
1.2 Foster carers who go on to become adopters of a child will qualify for statutory adoption leave and pay if they satisfy the relevant eligibility criteria, which includes 26 weeks’ continuous service with the University by the time they are notified that they have been matched with the child for adoption. Where foster carers are fostering a child that has not been matched and placed with them for adoption by an adoption agency, but apply to the court for an adoption order to be made, they will not be eligible for statutory leave or pay.
1.3 Adoption Leave and Statutory Adoption Pay (SAP) may begin at any time up to 14 days before the expected date of placement for adoption ( UK adoption), or on the date which the child enters the UK, or on a predetermined date that is no later than 28 days after the date on which the child entered the UK( overseas adoption) .
2.0 ADOPTION LEAVE
2.1 To qualify for adoption leave an employee must have been continuously employed for
26 weeks or more by the end of the week in which he or she is formally notified of having been newly matched with a child for adoption.
In the case of a child adopted from overseas, the employee must have 26 weeks' continuous employment ending with the week the official notification was received, or commencing with the week his or her employment began. If the member of staff and their partner are adopting a child from overseas the member of staff must sign form
SC6
The member of staff must have notified the agency that he or she agrees that the child should be placed with him or her for adoption and on the date of placement.
2.2 The leave entitlement will be to

26 weeks Ordinary Adoption Leave (OAL)

26 weeks Additional Adoption Leave (AAL), which immediately follows OAL
( unless the child’s placement has been disrupted)
If the child’s placement ends during the adoption leave the employee may elect to remain on adoption leave for up to 8 weeks after the end of the placement.
3.0 NOTIFICATION/STARTING ADOPTION LEAVE ( adoption from within the UK)
3.1 Employees must notify the University of their intention to take adoption leave within seven days of being notified by an approved adoption agency that they have been newly matched with a child for adoption.
At the same time, they must advise the University of the date on which the child is expected to be placed with them, and the date on which they intend their adoption
Adoption Leave 2

leave to start. If asked to do so they must also produce evidence, in the form of one or more documents issued by the adoption agency, of:


 the name and address of the agency; the date on which the employee was notified that he or she had been matched with the child; the date on which the agency expects to place the child with the employee.
3.2 All staff who wish to apply for adoption leave are asked to complete an Adoption
Leave Plan Form (ALP) which will inform their line manager and Human Resources
(HR) of the following:

the date that the child is expected to be placed with them for adoption

when they intend to start adoption leave

the date on which they would like SAP to begin (if eligible)
4.0 NOTIFICATION/STARTING ADOPTION LEAVE ( adoption from overseas)
4.1 Eligible employees adopting a child from overseas must, within 28 days of receipt of the official notification, or within 28 days of completion of 26 weeks' continuous service with the University, notify the University of:

 the date on which the official notification was received; and the date on which the child is expected to enter Great Britain.
They must give the University at least 28 days' notice of when they wish their adoption leave to start, and within 28 days of the child's entry into Great Britain must inform the University of the date of entry.
If asked to do so, employees must produce for inspection a copy of the official notification and evidence of the child's date of entry into Great Britain.
4.2 All staff who wish to apply for adoption leave are asked to complete an Adoption
Leave Plan Form (ALP) which will inform their line manager and Human Resources
(HR) of the following:

the date that the child is expected to be placed with them for adoption

when they intend to start adoption leave

the date on which they would like SAP to begin (if eligible )
5.0
VARIATION OF START DATE AND UNIVERSITY RESPONSE ( adoption from within the UK and adoption from overseas)
Variation of start date by employee: Employees may change their mind about the date on which they intend to start their adoption leave so long as they provide notice of the variation at least 28 days before the date in question or, where it is not reasonably practicable to give 28 days' notice, as soon as is reasonably practicable.
University's response to notification: When the University has been correctly notified of the date on which an employee intends to begin his or her adoption leave must respond in writing within the next 28 days, informing the employee of the date on which he or she is expected to return to work if the full 52-week entitlement to adoption leave is taken.
Adoption Leave 3

6.0 PRIOR TO PLACEMENT
6.1 During the period leading up to an adoption, a member of staff may take up to 7 days’ paid leave, to attend meetings, assessments, home visits etc, subject to reasonable notice being given to the University. Where both adoptive parents are members of staff at the University, the leave will either be taken by one of them or split between them.
7.0
ENTITLEMENTS
7.1 There are two options available, depending on a number of circumstances, length of service, and intention to return to work.
7.2 If the member of staff going on adoption leave: is adopting a child under five years of age; or who has a serious disability; or has severe learning difficulties or behavioural problems: and :

has completed at least 1 year ’s continuous service by the expected week of placement and

earns above the lower earnings limit (average weekly earnings before tax of
£109 per week 1 ) and intends to return to work for a period of at least three months after the adoption takes place

for UK adoption to be matched with a child for adoption by an approved adoption agency or be one of a couple who have been jointly matched with a child for adoption, and have notified the agency that they agree that the child should be placed with them for adoption and on the date of placement

or for overseas adoption have received official notification confirming the central authority has, or is prepared to, issue a certificate confirming you are eligible to adopt, and have been assessed and approved as being a suitable adoptive parent he/she she will be eligible for the University of Warwick Adoption Scheme – Option
1 .
7.3 If the member of staff going on adoption leave:
 is the child’s adopter

has completed 26 weeks ’ continuous service by the week they were notified of a match and

earns above the lower earnings limit (average weekly earnings before tax of
£111 per week) 2

for UK adoption have been newly matched with a child by an adoption agency or for overseas adoption have received official notification of the adoption. he/she will qualify for Statutory Adoption Pay - Option 2 .
1 This figure is revised in line with inflation annually each April. Figure quoted is correct as at April
2014.
2 This figure is revised in line with inflation annually each April. Figure quoted is correct as at April
2014.
Adoption Leave 4

7.4 Staff should be aware that they will not qualify for Statutory Adoption Leave or Pay if they:



 arrange a private adoption become a special guardian adopt a stepchild have a child through surrogacy
7.5 Staff should be aware that any reduction in pay that they actually receive could mean that they fall below the lower earnings limit. For example, if the member of staff is on long term sickness absence and is in receipt of half pay, SSP only, or no pay, then this will be taken into account when assessing if they meet the lower earnings limit.
8.0 OPTION 1 UNIVERSITY OF WARWICK ADOPTION SCHEME
8.1 Two plans are available (A or B) and a member of staff may choose between them depending on his/her circumstances. In general terms, Option A usually gives the member of staff more money overall, but advice is available from link HR Advisers or
Payroll.
8.2 Plan A
No of weeks Pay arrangements
8
16
15
Up to 13
Normal full pay
Normal half pay plus SAP (where this does not exceed full pay)
SAP
Unpaid
Plan B
No of weeks
16
23
Up to 13
Pay arrangements
Normal full pay
SAP
Unpaid
8.3 A condition of University Adoption Pay is that staff should return to work at the
University, in a full or part-time capacity, for at least 3 months following adoption leave. The University reserves the right to reclaim all the non-statutory elements of pay if a member of staff leaves before the three month period is worked.
9.0 OPTION 2 STATUTORY ADOPTION PAY
9.1 SAP is payable for 39 weeks at a flat rate of £138.18
3 or 90% of average weekly salary, whichever is less.
9.2 Whilst in receipt of SA P staff are not allowed to work unless during a “Keeping in
Touch Day" (see below).
10.0
TRANSFER OF ADOPTION LEAVE
If a member of staff meets the criteria under Option 1 and Option 2, they may also transfer up to 26 weeks of leave to their husband, civil partner or partner providing
3 This figure is revised in line with inflation annually each April. Figure quoted is correct as at April
2014.
Adoption Leave 5

that they return to work before using their full entitlement to adoption leave, and the individual meets the eligibility criteria. For further information please see the
University’s Paternity Leave Guidelines.
11.0 SALARY SACRIFICE ARRANGEMENTS
11.1 If the member of staff has entered into a salary sacrifice arrangement in respect of cycle to work, childcare vouchers or the nursery scheme, he/she may choose to continue to receive these during his or her entire adoption leave. However, staff may also opt out of these arrangements if that would suit their individual circumstances, by contacting the relevant people (Computershare Voucher Services in respect of childcare vouchers, the Nursery Manager in respect of the Nursery Scheme or the
Payroll Office in respect of the cycle to work scheme).
11.2 Staff should be aware that salary sacrifice arrangements (including in some cases
Pensions Plus) may affect the salary used to calculate maternity payments. For further advice please contact the Payroll and/or Pensions Office.
12.0 CONTACT DURING ADOPTION LEAVE
12.1 A member of staff may be contacted during adoption leave by the University or department to ensure he/she is kept up to date with activities/information. He/she may also contact his/her department: for example, a member of staff who has made a formal request for flexible working may need to meet with the department to discuss.
Shortly before the expected return date the University will write to staff to check they still plan to return on the specified date and to check if any other assistance is required.
12.2 Keeping in Touch Days (KIT days) are available for staff to work up to a maximum of
10 days during their adoption leave, in agreement with their department. There is, however, no requirement for staff to carry out KIT days, nor for departments to agree to one. KIT days are different to the contact noted in 12.1 above as, during KIT days, work is carried out. The type of work undertaken is agreed between staff and their department and they are paid according to the table .
Keeping in Touch Day Pay
Full pay
SAP
No pay
No additional pay, as member of staff already receiving normal full pay
Pay topped up to normal full pay for the day
Normal full day’s pay
Staff will receive a maximum of normal full pay if carrying out a KIT day (ie;. they will not receive full pay plus SAP).
12.3 Any work carried out on any one day will count as one KIT Day
12.4 Payment Request Time Sheets for KIT days should be signed in departments and sent to Payroll.
12.5 KIT days do not extend the total adoption leave period.
Adoption Leave 6

13.0 PENSION MEMBERSHIP
13.1 Members may remain in their existing pension scheme during adoption leave. Subject to scheme rules for USS and UPS (as amended), contributions will be as follows:

during any normal full pay period contributions will be deducted as usual;

during any periods of reduced pay or SAP, contributions will be deducted based on the level of pay or SAP actually payable. The University will make up contributions and pay employer’s contributions as if the member of staff were on normal full pay;
 during any periods of unpaid leave, pension membership is suspended
If you are participating in PensionsPlus immediately prior to additional adoption leave you should contact Human Resources Pensions for guidance on any potential impact of PensionsPlus.
Further enquiries on the implications of adoption leave on pension membership, including whether it would be possible to make good any periods of suspended pension scheme membership should be directed to Human Resources Pensions.
Further information is also available on the USS website: http://www.uss.co.uk/UtilityPages/Pages/FAQs.aspx#faqlink11
Enquiries relating to pensions other than USS and UPS should also be made to
Human Resources Pensions.
14.0 PAY/ENTITLEMENTS
14.1 Increments and/or cost of living increases will continue during leave and will be taken into account for the calculation of pay and SAP. A member of staff on adoption leave who is eligible for Merit Pay will be asked if he/she wishes to make a submission.
14.2 Academic and research staff will continue to accrue eligibility for study leave during adoption leave.
14.3 Payslips will continue to be sent to departments during leave and staff should make arrangements with managers ahead of leave as to where they should be sent.
15.0 HOLIDAY ENTITLEMENT
15.1 Staff accrue normal contractual annual leave pro rata during the full period of adoption leave. Statutory and Customary days which fall during the period of adoption leave are accrued at the full entitlement. Leave for the year to 30
September is normally lost if not taken by 31 March the following year. However, where it is not possible to take the accrued leave before 31 March the leave owing may be carried over into the new leave year.
15.2 Annual leave can only be taken before or after adoption leave. Information is available to assist in calculating holiday entitlement from the HR website or from
Human Resources.
Adoption Leave 7

15.3 In general, academic staff take annual leave during vacation so that teaching commitments can be met. If, however, the majority of a member of staff’s adoption leave falls across a vacation and it is not possible for him or her to take annual leave consideration will be given to allowing annual leave in term time. As much notice as possible should be given so that departments have the chance to accommodate requests.
16.0 RETURNING TO WORK
16.1
Staff who take ordinary adoption leave are entitled to return to the same job: staff who take additional adoption leave are entitled to return to the same job or if that is not reasonably practicable, a suitable alternative on terms and conditions no less favourable. They may return to work at any time during the adoption leave period, provided they have given 56 days ’ notice. As noted above, HR will write to staff before the expected return date to check that arrangements are in place. Return from adoption leave should be confirmed as soon as possible to HR so that appropriate pay is received.
16.2 Staff may request flexible working on return from adoption leave. Although flexible working is not an automatic right, the University will consider every request. Please see the University’s Flexible Working Policy for details.
17.0 NOT RETURNING TO WORK
17.1 If, after careful deliberation, staff do not wish to return to work following adoption leave, they should inform their department in writing, giving the appropriate notice in their contract. Staff will not be eligible for the University Adoption Leave Scheme but will be able to claim SAP (if eligible).
17.2 If a member of staff opted to take adoption leave, but then decides not to return to work there is a requirement for the staff member to repay the University element of the adoption leave. Only in exceptional circumstances will this be waived and this should be done in consultation with the Head of Department and HR Manager.
18.0 FIXED TERM CONTRACTS
18.1 If the contract of employment expires during adoption leave, or within 52 weeks of the start of adoption leave, staff should contact their department and HR. If the fixedterm appointment expires during adoption leave, the entitlement to the non-statutory element of adoption pay (i.e. University Adoption Pay) will cease at the expiry of the contract. An employee reaching the end of their fixed term contract, or employment contract due to redundancy, is entitled to the balance of SAP if the contract expires before the end of the adoption pay period.
18.2 If a member of staff is eligible for the University’s Adoption Leave Scheme, but his/her fixed-term appointment expires, or his/her indefinite contract ends during the leave and he/she is not offered any extension or any other suitable alternative employment, he/she will not be required to repay the difference between the University Adoption
Pay Scheme and SAP.
Adoption Leave 8

19.0 TERM TIME ONLY STAFF
19.1 The eligibility criteria are the same for all employees, although some of the calculations are more complicated. Further information is available from link HR
Advisers.
20.0 ORGANISATIONAL CHANGES
20.1 If a post becomes at risk of redundancy whilst a member of staff is on adoption leave they will be contacted and consulted about the situation which will be dealt with following the standard University procedure. This will include the opportunity to attend a meeting or, depending on circumstances, the opportunity to discuss via telephone, or to present written questions.
20.2
If the member of staff’s employment ends the University will continue to consider the member of staff for alternative employment until the end date of their employment.
In line with the University’s Redeployment Policy the member of staff will be: a) Considered for any vacancies which arise in the Department and the wider
University where relevant b) At the member of staff’s request they will be sent copies of the University’s vacancy notices for all requested categories of posts.
If the member of staff wishes to be considered for redeployment, they will need to provide a template CV and a completed redeployment requirement form so that the relevant HR Adviser can seek to match the member of staff with vacancies in line with the University’s Redeployment Policy. If the member of staff identifies a potential redeployment opportunity or consider that they meet the essential criteria of a post they must notify the relevant HR Adviser at the earliest opportunity with confirmation of the closing date for the post, so that this can be considered in line with the
University’s Redeployment Policy.
21.0 ENDING OF PLACEMENT
21.1 Should the placement end for any reason, the adoption leave will normally finish eight weeks after the end of the week in which the placement ends.
22.0 FURTHER INFORMATION
22.1 Further information is available from link HR Advisers and Payroll.
22.2 If you require this publication in hard copy or in an alternative format please contact
Human Resources
23.0 REVIEW
23.1 Human Resources will review these guidelines on an annual basis.
Adoption Leave 9