# Adoption Leave



## Iman (Oct 11, 2007)

Hi all, hope everyone is well 

Have a question about Adoption Leave. I looked into my work's Adoption Leave policy and its not as good as I thought....dont know what to do. On our intranet it says:

" On taking permanent responsibility for an adopted child, you may be eligible to take the following: 
For a child under school age:
6 weeks leave at 9/10ths normal pay
12 weeks at 1/2 pay
11 weeks unpaid.
Totalling 29 weeks leave *OR* you may choose to work reduced hours for 6 months after the adoption "

We are going for a child under the age of 2 ( hopefully ).

Ideally we wanted me to not go back to work OR to take 1 year off and then go back part-time. With this policy, if I take the 7 months leave then I will have to go back full-time after, in order not to lose my job.

Is this normal policy I work for local government BTW, ironically in Children's Services...

What is everyone else planning to do? Our SW advised that with an adopted child should avoid putting them in Childcare until at least 1 year after they have been with you. Is this correct ?

Also, does normal Paternity Leave cover Adoptive Dads too??

Confused and disappointed a bit too!! or am i being ungrateful?? We can afford for me to be off work for 1 year and maybe a bit longer but I like my job and dont wanna leave it and I want the Adoption Leave, would like to keep job open for that year for me to go back to part-time...Is my only option to leave and get new job after a year or so when ready?

Also what does it mean about 'taking permanent responsibility' for a child - does this mean once the Court Order has gone through, once everything has been legally stamped and confirmed legal adoption - or when they are placed with you??

any help gratefully received!!

Thank you xxx


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## Boggy (Dec 13, 2006)

Hiya

Your work policy is wrong - it's possibly just out of date, but it is definitely wrong! 

Here's a link to the current legislation:

http://www.businesslink.gov.uk/bdotg/action/detail?r.s=m&r.l1=1073858787&r.lc=en&r.l3=1080898275&r.l2=1080898061&r.i=1080903061&type=RESOURCES&itemId=1080898163&r.t=RESOURCES

You are entitled to a year, though it is up to your employer how much of this is paid. The minimum you are entitled to is 39 weeks Statutory Adoption Pay. (about £115 per week).

It's also wrong of your employer to place an restriction on the age of child adopted, there is no restriction.

Permantent Responsibility should mean placement.

Dads are entitled to 2 weeks paternity leave.

Reducing your hours on return will be at the discretion of your employer, but you don't need to tell them your plans until 8 weeks before you return to work. I took 39 weeks leave (i.e. the SAP time) then resigned.

If your employer makes a fuss, it might be worth phoning ACAS.

Hope that helps
Bx

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## Iman (Oct 11, 2007)

phew! thank you so much, i have been stressing about that! hopefully its just out of date and they don't realise....what you have said and shown is so much better!! thank you xx


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## wynnster (Jun 6, 2003)

Hi

Oh dear thats not good is it!  Hopefully once you have brought your entitlements to their attention your employers policy will be updated  

Best of luck speaking to your employer


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## vickym1984 (Jan 29, 2009)

It's amazing how policies can be that out of date isn't it. Hope you get a nice surprise when you advise them about it.

My current employer only offers statutory pay so is a bit pants but we have savings and at the moment spend out on things we can cut back on when we are on a reduced income


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## popsi (Oct 11, 2007)

ours was horrendous !! i challenged it and got the same pay as maternity policy had !! they were saying i could have 7 weeks full pay and now have ended up with 26 weeks full pay !! so challenge it, you have nothing to lose, ours was out of date ! .... i work in a government agency too ... good luck !


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## Iman (Oct 11, 2007)

just to let you know i contacted a Senior HR Adviser today and was referred to the Maternity Policy which also covers surrogacy and adoption. It stipulates I will get the 52 weeks, of which 39 are paid and all the other bits that it should do, thank goodness! So have printed it off, gone through with a bright orange highlighter and stored away for the future, lol........


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## BRIGGY43 (Feb 8, 2008)

Hi,

I work for a local authority and you do have the same rights as maternity leave.  The only difference with mine that they stated you had to adopt a child under 12 months to get the 3 months lump sum (this is when you agree to go back for 3 months) but you can always defer the lump sum just in case you dont go back.  I had a meeting with HR and told them its not equal opportunities for us to adopt under 12 months as varly happens.  Also at that point they didnt give any days for prep courses or anything.  Luckily HR lady listened to me and she got some of the policy changed.  Now there is no limit on age for 3 month lump sum and they have awarded 5 days (for full timers and prorata for part time).  I was quite proud that I had helped to change part of the policy.  The pay is 6 weeks pay and then 36 weeks SAP at £123.60 pw (until uprating coming in April).

Hope this helps.  If you want me to email my policy to you let me know. 

Briggy


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## curvycat (Apr 8, 2008)

hi I can only agree with what every one else has said and that is to speak to your employeers about there policy as it is most likely out of date. 

My company pays 26 weeks at full pay for maternity but only paid statutory for adoption! 

I complained and the policy got changed to match maternity  

We all need to fight for this 

Good luck


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## Iman (Oct 11, 2007)

Hi ladies 

I am such a numbskull........  

Revisited this thread cos I just re-read our policy ( the one I speak of above)

Reading it slowly this time  it transpires that Statutory MATERNITY pay is 6 weeks  @ 90% and 33 weeks at standard rate and that Statutory ADOPTION pay is 39 weeks at standard rate - and thats it.

Is this fair That because I havent/wont be carrying the child, I dont qualify for the 6 weeks at 90%??

From the policy the ONLY way I could get this is if I take the Occupational Adoption Pay which then means going back to work for min 13 weeks......after I have taken the 52 weeks. But Im sure we all have learnt by now that putting a child in  childcare might not be the best thing (and you may have more than 1 child) . My work has the Right to Work Flexibly but its up to their discretion. Never mind the factor of childcare costs.......

Any ideas?? I dont mind going back to work part-time after 1 years leave and in fact it would be financially good of course but ONLY if its suitable and appropriate for the child/children.....

If I don't then I only get the Statutory Pay and its less than maternity statutory pay. Strikes me as discrimantory against me and my future child just becayuse we dont have a biologival link. An adoptive parent has just as many responsibilities as a birth parent and maybe more challenges.......


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## Boggy (Dec 13, 2006)

Hi Iman

Yes you are right, it doesn't seem fair at all.  

The reason that ladies on maternity leave get the 6 weeks full pay is because they are deemed "medically unfit to work".  Whoever wrote that certainly hadn't adopted - no way was I medically fit for work 6 weeks after mine came home!  

I know someone who has taken their full 52 weeks on company pay policy, but have put the extra pay into an account so if they don't return then they have it there to pay back.  Having said that they have a VERY well paid job and can live off the interest.

Not so long ago adopters got nothing, but there is still room for improvement.

Bx


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## Iman (Oct 11, 2007)

Hi Boggy

I'm really annoyed by this.....

Surely as part of the Equality and Rights Bill that the UK agrees to abide by ( or whatever it is called!) , there should be an equal access to parenting care, or the standard of living for both children who live with their birth parents and those who are adopted. I just worked out that if i were to take statutory MATERNITY pay ( i.e. if I got pregnant) instead of the statutory ADOPTION pay, I would be about £1400 - £1500 better off in the first 6 weeks of my leave, on my current salary...but Im not, and all because I am not giving birth to the child....

in addition to the effect on the child and the standard of care we would be able to give it with an extra £1400, ( ok so its not major but its the principle of the thing!!) how are people supposed to be encouraged to adopt ( because they always say they need more adopters) if this is the case? And isn't it actually discriminatory against Adoptive Parents and their children to deem that they are in anyway MORE able to work in the first 6 weeks?? How ?? Maternity and Adoptive Leave which goes with the pay is related to your responsibility to care for a child primarily OR all women who had given birth woudl be required to return to work after 6 weeks...

Currently the only way to do this is the agree ot go back to work - but we know that adopted children need their parents at home with them just as much if not more then some/most children who live with their birth parents.....Attachment Issues etc....

Really I dont get this, i think its really really poor!!! Am I being ungrateful Honestly, tell me.....I feel like starting an E petition!!


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## Boggy (Dec 13, 2006)

Hi Iman

If you do a search you'll find that many of us have complained about this!  I'm sure there is probably an e-petition out there somewhere already, I have read of people on other sites raising it with their MP's etc. 

Sorry I haven't got any advice for you.  I understand entirely what you are saying, adopters need more support and equality.  Maybe one day things will change  

Bx


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## Iman (Oct 11, 2007)

Thanks Boggy....I will do a search and see what's out there....sorry I was ranting just then, just cheesed off and surprised too.....If I turn up anything I will share it here. I may speak to my Employer as from what have read so far, they dont have to just give me 39 weeks at the standard rate, they could give more if they wanted to ( not holding my breath but guess it won't hurt to send an email to HR detailing my concerns!!)


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## becky70 (Dec 28, 2009)

I'm a supply teacher - if I adopt a child I will get absoutely nothing! If I gave birth to a child I would qualify for Maternity Allowance which is the same rate as SMP - I'd get that for nine months. It doesn't seem fair to adoptive parents.


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## Boggy (Dec 13, 2006)

hiya Becky70

I know adopters who are self employed get absolutely nothing as well.  Makes us thankful for the little we do get.  

Bx


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## katie c (Jun 15, 2009)

iman, funnily enough i was going to post about this the other day

i work for the police and while women on maternity get so many weeks at 90% pay, then another amount of weeks at half pay plus SMP and the rest SMP, adopters only get the statutory

i have emailed HR and asked if this is correct although i haven't heard anything yet as been on days off

my supervisor who was a union rep said sadly he doesn't think it's discriminatory as there isn't any legislation to protect you against discrimination for being infertile. fair enough, but i asked how would it be considered if i was adopting if i couldn't have a child due to disability, or for example i was part of a gay male couple. he said he wasn't sure.

i did call ACAS to ask if maternity pay is enhanced, surely a company should match it for adopters. the person on the phone didn't know  

once i get a reply from HR i'll repost


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## kittykat1234 (Jan 15, 2010)

Hi all,

I posted about this a couple of weeks ago and below is the up to date, correct legislation . . . . .

http://www.fertilityfriends.co.uk/forum/index.php?topic=230143.0

Hope this helps xxx


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