1. About this policy
1.1. The purpose of this policy is to outline entitlements to Adoption/Surrogacy Leave and Pay.
1.2. St George’s, University of London endeavours to ensure that all employees are given support and encouragement before, during, and on their return to work from Adoption/Surrogacy Leave. St George’s, University of London aims to ensure that the employee’s duties are adequately covered during Adoption/Surrogacy Leave and that an effective dialogue is implemented at all stages so that employees feel fully informed about their entitlements and the process to follow.
1.3. This policy applies to all employees of St George’s, University of London. It will not normally apply to casual workers or agency workers.
1.4. An employee taking Adoption/Surrogacy Leave is encouraged to discuss their plans with their line manager as early as possible.
1.5. Employees may also be entitled to take shared parental leave and should refer to the Shared Parental Leave Policy for further information on entitlements, eligibility and notice requirements.
2. What is adoption/surrogacy leave?
2.1. Adoption/Surrogacy Leave applies to individuals who adopt or one member of a couple where a couple jointly adopt (the other partner may be entitled to Partner’s Leave Related to Maternity or Shared Parental Leave). Adoption/Surrogacy Leave and Pay will be available to newly placed adoptions only. They will not normally apply to family member or stepfamily adoptions or for adoptions by a child’s existing foster carers.
2.2. Employees adopting a child have the right to take up to 52 weeks’ Adoption/Surrogacy Leave. Unless the employee notifies St George’s, University of London that they wish to take a shorter period, the University will automatically assume they are taking the full entitlement to 52 weeks, and will write to confirm the expected end date on this basis.
2.3. Statutory Adoption Leave is made up of 26 weeks’ Ordinary Adoption Leave, including a 2-week period of Compulsory Adoption Leave, followed immediately by 26 weeks’ Additional Adoption Leave.
2.4. Subject to meeting the eligibility requirements, employees are also entitled to the St George’s, University of London Adoption/Surrogacy Leave Pay.
3. Adoption/surrogacy leave pay
3.1. Statutory Adoption Pay may be payable for up to 39 weeks, paid at the rate set out by the Government for the relevant tax year. This equates to 9/10ths of the employee’s average weekly earnings for 6 weeks and the lower of 9/10ths of the employee’s average weekly earnings or the standard rate of Statutory Adoption Pay for the remaining 33 weeks. The standard rate of Statutory Adoption Pay is available on gov.uk.
3.2. In order to receive Statutory Adoption Pay an employee must:
- have 26 weeks of continuous service with St George’s, University of London either at the end of the week in which they were notified that they had been matched with their child, or when they start getting adoption pay if adopting from overseas, or at the beginning of the 15th week before the expected week of childbirth if using a surrogate;
- have average weekly earnings at least equal to the lower earnings limit for National Insurance contributions;
- be an adoptive parent who is matched with a child by an approved adoption agency;
- provide St George’s, University of London with a matching certificate from an approved adoption agency to support their entitlement to leave;
- sign form SC6 if adopting from overseas;
- intend to apply for a parental order and expect the order to be granted if using a surrogate.
3.3. Employees are not eligible for Adoption/Surrogacy Leave Pay if they:
- arrange a private adoption for example without permission from a UK authority or adoption agency;
- become a special guardian or kinship carer;
- adopt a stepchild; or
- adopt a family member;
3.4. In addition to Statutory Adoption Pay, eligible employees may be entitled to St George’s, University of London’s Adoption/Surrogacy Leave Pay. In order to qualify for St George’s, University of London’s Adoption/Surrogacy Leave Pay an employee must satisfy the conditions outlined in paragraph 3.2 above and provide a statement of intent outlining that the employee wishes to return to work with St George’s, University of London following Adoption/Surrogacy leave for a period of at least 3 months. An employee who satisfies the above conditions but who has not given notice of their intention to return to work shall receive Statutory Adoption Pay only.
3.5. At most St George’s, University of London Adoption/Surrogacy Leave Pay will cover the following:
- 2 weeks on full pay during Compulsory Adoption Leave (this will include any relevant Statutory Adoption Pay).
- 16 weeks on full pay (this will include any relevant Statutory Adoption Pay).
- 21 weeks on Statutory Adoption Pay only (paid at the standard rate).
- Up to 13 weeks unpaid leave.
3.6. For employees on a fixed-term contract St George’s, University of London will pay the above enhanced Adoption Pay up until the date the contract ends and Statutory Adoption Pay thereafter until the Statutory Adoption Pay period is exhausted.
3.7. Employees must return to work for a minimum period of three months following the end of their Adoption/Surrogacy Leave in order to be entitled to keep the enhanced element of the St George’s, University of London Adoption/Surrogacy Leave Pay (ie the payment in excess of Statutory Adoption Pay). Staff on fixed-term contracts will be expected to return to work for three months or to the end of the contract, whichever date is sooner. St George’s, University of London retains the right to reclaim the enhanced element of the Adoption/Surrogacy Pay if the employee fails to return to work for at least three months. The University will waive this repayment if the end of a fixed-term contract prevents the employee completing three months employment.
3.8. Where an employee is not entitled to Statutory Adoption Pay, they may be able to claim support from their local council. In these circumstances, St George’s, University of London will provide the employee with the form SAP1 within 7 days of determining that they do not qualify for Statutory Adoption Pay.
4. Applying for adoption/surrogacy leave
4.1. To qualify for Adoption/Surrogacy Leave employees must, within 7 days of being matched with a child, provide St George’s, University of London with written notification of:
- how much Adoption/Surrogacy Leave they wish to take;
- the Adoption/Surrogacy Leave start date – employees should provide at least 28 days’ notice of this unless the time between the child being matched and placed is less than that;
- the “date of placement”, ie the date the child is placed with the employee.
4.2. Employees must provide proof of adoption to qualify for Adoption/Surrogacy Pay. The proof must show:
- the employee’s name and address and that of the agency;
- the match date – usually provided on a “Matching Certificate”, which the employee should receive from the adoption agency; or if it is an overseas adoption, a relevant UK authority’s “official notification” confirming the employee is allowed to adopt. This should be provided within 28 days of receiving the “official notification”;
- the date of placement, for example via a letter from the agency;
- the date the child arrived in the UK for overseas adoptions (eg a plane ticket);
- written confirmation of the due date if using a surrogate and when they want to start their Adoption/Surrogacy Leave, at least 15 weeks before the expected week of birth. Written confirmation, signed in the presence of a legal professional, should also be provided to confirm that the employee has applied or will apply for a parental order in the 6 months after the child’s birth.
4.3. The employee should inform St George’s, University of London within 28 days if the date of placement, or UK arrival date for overseas adoptions, changes.
4.4. It is expected that employees will discuss their plans for Adoption/Surrogacy Leave with their line manager at as early a stage as possible. This will provide an opportunity to explore options and will enable the line manager to start to consider plans for accommodating Adoption/Surrogacy Leave.
4.5. HR will provide written confirmation of the Adoption/Surrogacy Leave arrangements within 28 days of notification.
4.6. In order to ensure good communication and a smooth transition in the time leading up to Adoption/Surrogacy Leave, and during the Adoption/Surrogacy Leave itself, employees will be informed of the arrangements for covering their work and also for remaining in contact whilst on Adoption/Surrogacy Leave.
4.7. Reasonable contact between an employee and their line manager and colleagues during Adoption/Surrogacy Leave is encouraged to facilitate communication. Either party is entitled to initiate this during the Adoption/Surrogacy Leave, for example to discuss the employee’s return to work or other work-related issues that may concern them. Such contact will not bring the Adoption/Surrogacy Leave to an end. It is recommended that the employee discusses and agrees how this communication will occur with their line manager prior to commencing Adoption/Surrogacy Leave.
4.8. In the case of employees on fixed-term contracts funded by an external body, it will be the responsibility of the line manager/Principal Investigator to inform the funders that Adoption/Surrogacy Leave will be taken by the employee.
5. Time off for adoption appointments
5.1. Employees who have been notified that a child will or is expected to be placed for adoption with them and are the main adopter are entitled to paid time off to attend up to five adoption appointments. An employee who is the secondary adopter is entitled to take paid time off to attend up to two adoption appointments. Appointments may include having contact with the child prior to adoption, parenting classes with a registered medical practitioner, midwife or health visitor or appointments for any other purpose connected with the adoption. Where possible, these appointments should be scheduled at the beginning or the end of the working day so that the day-to-day operational needs of the service or team are not unduly impacted.
5.2. An employee may be asked to provide confirmation in writing of the time and date of the appointment to their line manager to confirm the details of the appointment.
6. Commencing adoption/surrogacy leave
6.1. Adoption/Surrogacy Leave and Pay may start:
- up to 14 days before the date the child starts living with the employee (UK adoptions)
- when the child arrives in the UK or within 28 days of this date (overseas adoptions).
- the day the child’s born or the day after (if a surrogate was used to have a child).
6.2. Two weeks Compulsory Adoption/Surrogacy Leave commences on the day Adoption/Surrogacy Leave starts. Its purpose is to ensure that the employee has at least a minimum two-week period of leave after the placement.
7. Keeping in touch days
7.1. During Adoption/Surrogacy Leave, employees may find it helpful to keep in touch with work. Line managers will usually make reasonable contact with the employee during Adoption/Surrogacy Leave, for example to update them on what is happening at work, promotion opportunities or to discuss their return to work. This contact is separate to a Keeping in Touch (KIT) day.
7.2 In addition, employees are entitled to do a maximum of 10 KIT days during their Adoption/Surrogacy Leave (except during the Compulsory Adoption/Surrogacy Leave period) without bringing their Adoption/Surrogacy Leave to an end, for example to carry out work or attend training. KIT days must be agreed between the employee and their line manager. Any time worked on a KIT day will be paid at the normal contractual rate of pay for the hours actually worked. However, a full KIT day will be deemed to have been taken regardless of the actual hours worked that day. Any Adoption Pay will be included, such that the total payment will not exceed the normal rate of contractual pay.
7.3. Any KIT days taken will not have the effect of extending the total Adoption/Surrogacy Leave period.
8. Terms and conditions of service
8.1. Usual terms and conditions of service, except salary and related payments, will continue during a period of Adoption/Surrogacy Leave. In particular:
- Continuous service is unbroken during Adoption/Surrogacy Leave. Adoption/Surrogacy counts towards the calculation of those benefits which accrue with length of service, eg sickness benefits and redundancy pay.
- Where applicable, the normal annual pay increment will be awarded.
- Annual leave will continue to accrue during Adoption/Surrogacy Leave and, subject to line manager agreement, an employee may choose to take a period of annual leave before and/or after Adoption/Surrogacy Leave. Once an employee has started to take accrued annual leave, they will be deemed to have returned to work and the Adoption/Surrogacy Leave period will have ended. If Bank Holidays and University Closure Days fall within the Adoption/Surrogacy Leave period, employees have no right to be paid for them or to take them at another time.
- If Adoption/Surrogacy Leave is likely to cross two annual leave years, the employee may carry over annual leave accrued in the first leave year but must use these days within three months following the end of the Adoption/Surrogacy Leave entitlement. Any annual leave accrued in the second leave year may be taken as normal.
- Pension rights and contributions will be dealt with in accordance with the relevant pension scheme. Contributions and entitlements will continue as normal whilst the employee is on full pay. If the employee is planning on taking a period of unpaid leave, they should make an appointment to discuss their individual position with the Pensions Team.
- If an employee does not qualify for the St George’s, University of London Adoption/Surrogacy Leave Pay, and solely has an entitlement to Statutory Adoption Pay, and makes pension payments as a salary sacrifice, they will have their adjusted average salary topped-up by St George’s, University of London to the pre-adjusted salary so that they receive the same level of Statutory Adoption Pay that they would have received if they had not sacrificed part of their salary for pension purposes only.
9. Return to work
9.1. Unless the employee states otherwise, it will be automatically assumed that the employee will return to work at the end of their full 52 week leave period. If an employee wishes to change the date of their return, they must give 8 weeks’ notice of the new date of return.
9.2. The employee will normally return to the same post in which they were employed prior to going on Adoption/Surrogacy Leave. This will be on the same terms and conditions applicable as if the employee had not been absent.
9.3. Where it is not reasonably practicable for the employee to return to the same post, eg for reasons of reorganisation or redundancy, the employee is entitled to return to a job which is both suitable and appropriate in the circumstances and which provides terms and conditions of employment which are not substantially less favourable than if the employee had not been absent.
9.4. Employees have a right to request flexible working following Adoption/Surrogacy Leave. St George’s, University of London will seek to accommodate such requests where possible. More information is available in the Flexible Working Procedure.
9.5. If an employee decides that they do not wish to return to work after the end of their Adoption/Surrogacy Leave, they must give the period of notice as set out in their terms and conditions of service. St George’s, University of London retains the right to reclaim the enhanced element of Adoption/Surrogacy Pay if the employee fails to return to work and continue in employment for at least three months.
9.6. If a fixed term contract is due to end during Adoption/Surrogacy Leave, the business case for extending or terminating the contract will be considered in the usual way. In the case that an extension to a fixed term contract is not granted, employment will end on the expiry date of the fixed term contract.