WO toolkit 2012 complete.pdf - GMB
WO toolkit 2012 complete.pdf - GMB
WO toolkit 2012 complete.pdf - GMB
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SECTION 5.25<br />
25. Can I take paid adoption leave?<br />
Adoption leave was introduced in April 2003.Ordinary adoption leave(OAL)lasts for 26 weeks.You can<br />
also take up to a further 26 weeks of additional adoption leave(AAL).Only one parent of an adopted<br />
child can take adoption leave,however the other could take parental leave or paternity leave for<br />
adopters.So joint adopters can choose who takes adoption leave and who takes paternity leave.<br />
To qualify you must:<br />
• Be an employee i.e.someone with a contract of employment.So some agency,casual and<br />
temporary workers may be excluded.<br />
• Have been told that you have been matched by an adoption agency with a child,and<br />
• Have told the agency that you agree to the proposed placement,and<br />
• Have been continuously employed for 26 weeks by the date when you are notified of being<br />
matched with a child for adoption.<br />
You can start the leave:<br />
• From the actual date of the child’s placement,or<br />
• From a pre agreed date specified in the notice sent to your employer.<br />
Within seven days of being matched for adoption you must give your employers a written notice which<br />
states:<br />
• The date on which placement is expected,and<br />
• Whether you want to start the leave when the placement begins or another date.<br />
You can vary this date by giving 28 days notice.Your employer can ask for evidence that you are<br />
adopting including details of the adoption agency,the date of placement etc.<br />
Your employer may pay contractual adoption leave pay or you may be entitled to statutory adoption<br />
pay(SAP).SAP is paid for 39 weeks.You are entitled to £112.75 a week or 90 per cent of your pay,<br />
whichever is the lower.<br />
Your contract continues in some or all respects depending on whether you are on OAL or AAL.<br />
• During the 26 weeks of OAL all contractual rights,except pay,continue to accrue as normal e.g.<br />
seniority and holidays accrue.<br />
• During AAL your contract is suspended for all rights except notice,redundancy compensation,and<br />
disciplinary or grievance procedures,and the duties of trust,confidence and good faith.So<br />
seniority and pension rights pay increments do not accrue.<br />
• OAL and AAL both count as service for gaining employment protection rights including holidays<br />
under the Working Time Regulations.<br />
• Pension contributions and pensionable service in occupational pension schemes continue during<br />
OAL,but calculated by reference to actual adoption pay and not normal pay.In money purchase<br />
schemes only the amount of contribution actually paid will count.<br />
You are entitled to return to the same job if you return after only taking OAL.If you return after AAL,<br />
you still have the right to return to the same job,unless it was not reasonably practicable for your<br />
employer to keep the job for you.If it is not reasonably practicable you must be offered a similar job–<br />
one that is the same kind,in the same place,and in the same capacity.If your job has been made<br />
redundant during OAL or AAL your employer must offer you any suitable alternative vacancy on broadly<br />
comparable terms.<br />
You are entitled to carry out up to 10 days of work or training during adoption leave for the purpose of<br />
“keeping in touch”with the workplace.<br />
It is automatically unfair to dismiss you or subject you to any detriment for requesting or taking<br />
adoption leave.Any claim must be made to an employment tribunal within three months.<br />
REMEMBER: there may be more than one person affected by this issue.<br />
Consider calling a meeting to advise,recruit and organise.