ADOPTION LEAVE AND SURROGACY POLICY - ashfordstpeters.info
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ADOPTION LEAVE AND
SURROGACY POLICY
Author(s): HR Business Partners & Advisors
Executive Lead: Director of Workforce Transformation
Status: Approval date: May 2019
Ratified by: Trust Executive Committee
Review date: May 2022
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1History
Issue Date Issued Brief Summary of Change Approved by
1 May 2019 Policy created by splitting it out from Trust Executive
the Maternity, adoption, maternity Committee
support (paternity), shared
parental, fertility treatment
and surrogacy leave policy.
For more information on the
status of this document, HR Business Partners & HR Advisors
please contact:
Policy Author HR Business Partners & HR Advisors
Date of issue May 2019
Review due May 2022
Ratified by Trust Executive Committee
Audience All staff
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2ASHFORD & ST PETER’S HOSPITAL NHS FOUNDATION TRUST
ADOPTION LEAVE AND SURROGACY POLICY
CONTENTS
PAGE
1 Introduction 5
2 Scope 5
3 Definitions 5
4 Key Responsibilities 5
ADOPTION LEAVE AND PAY ENTITLEMENTS
5 Entitlement to Adoption Leave 6
6 Entitlement to NHS Occupational Adoption Leave and Pay 6
7 Surrogacy arrangements 7
8 Employees with Less than 12 Months Continuous NHS Service 8
9 Commencement of Adoption Leave 8
10 Confirming Adoption Leave and Pay 8
11 Intention Not to Return to NHS Employment 8
12 Overseas Adoption 9
13 Fixed Term and Rotational Contracts 9
14 Bank Workers 10
CONTRACTUAL RIGHTS
15 Pay Progression 10
16 Annual leave 10
17 Pension during Adoption Leave 11
18 Car Lease 11
WHILST PLANNING FOR ADOPTION AND DURING ADOPTION LEAVE
19 Time Off for Pre-Adoption Meetings 11
20 Keeping in Contact 12
21 Working during Adoption Leave and Keeping in Touch (KIT) Days 12
22 If Adoption Ceases during Adoption Leave 13
23 Death of a Child 13
FOLLOWING ADOPTION LEAVE
24 Return to Work 13
25 Failure to Return to Work 14
26 Pregnancy Occurring During Adoption Leave 14
27 Returning on Flexible Arrangements 14
28 Nursery and Childcare Provisions 14
Onsite Nurseries and Play Scheme
Help with Childcare Costs
Tax free childcare
Workplace Nurseries
Early Years Funding
29 Other Benefits and Information 15
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330 Help and Support 15
31 Policy Dissemination and Implementation 16
32 Process for Monitoring Compliance with Effectiveness of Policy 16
33 Policy Equality Impact Assessment 16
34 Policy Archiving Arrangements 16
Appendix 1 – Adoption Leave and Pay Chart 17
Appendix 2 – Application for Adoption Leave 18
Appendix 3 – Adoption Leave Checklists (Employee and Manager) 20
Appendix 4 – Equality Impact Assessment 21
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41 INTRODUCTION
Ashford & St. Peter’s Hospitals NHS Foundation Trust (ASPH) is committed to supporting
working parents to achieve a good work life balance. This policy sets out the Trust’s
arrangements for supporting employees in preparing for and during adoption and
surrogacy.
The policy sets out the provisions for adoption and surrogacy leave and pay. The policy
sets out flexible, fair and supportive arrangements and is part of a suite of policies
providing support and benefits to employees with parenting or caring responsibilities:
Adoption Leave and Surrogacy Policy
Annual leave policy
Career Break Policy
Flexible Working Policy
Maternity Leave and Fertility Treatment Policy
Shared Parental Leave Policy
Special Leave Policy
2 SCOPE
This policy applies equally to every employee, regardless of their sexual orientation,
gender identity and gender expression.
3 DEFINITIONS
Mother: The biological parent who gives birth, regardless of their gender identity
Partner: is the partner of the parent of leave, including same sex partners
4 KEY RESPONSIBILITIES
Employees have a responsibility to:
• Ensure that they are aware of the entitlements set out in this document.
• Adhere to the procedures outlined within this policy.
• Comply with requests to attend Occupational Health.
• Submit application forms and associated documents in a timely manner, e.g.
application forms, MATB1 form, Birth Certificate, Matching Certificate.
• Agree a way of keeping in touch with their manager before they commence their
leave.
• Maintain clinical practice and professional registration whilst on leave.
Managers have a responsibility to:
• Maintain confidentiality at all times
• Ensure policy implementation and compliance within their area of responsibility.
• Discuss leave and pay entitlements with their employees.
• Ensure application forms and Staff Changes Forms are completed and submitted to
HR / Payroll in a timely manner
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5• Agree a way of keeping in touch with employees before they commence their leave
and keep them informed about any relevant developments within the Department
and Trust during their leave
Human Resources have a responsibility to:
• Advise employees of the support available to them and to advise them of their
rights and obligations under this policy.
• To confirm the employee’s paid and unpaid leave entitlements under this
agreement (or statutory entitlements if the employee does not qualify under the
occupational scheme), along with the planned return date and the notice required to
return earlier than planned.
Occupational Health have a responsibility to:
• Provide support and advice to managers and employees of the risks involved in
undertaking certain work activities whilst pregnant or breastfeeding.
Payroll have a responsibility to:
• Advise employees of their rights and obligations under this policy.
• To ensure that the necessary data and proof has been collected from the employee
to satisfy Department of Work and Pensions (DWP) auditing.
• Ensure that payments are accurate and timely.
• That the employee’s membership to the NHS Pension Scheme is protected during
the full period of leave (both paid and unpaid).
• To issue an Statutory Adoption Pay exclusion form promptly to employees not
entitled to statutory benefits, to enable an employee to claim any benefits directly
from Jobcentre Plus.
• Update ESR to reflect the leave taken.
ADOPTION LEAVE AND PAY ENTITLEMENTS
5 ENTITLEMENT TO ADOPTION LEAVE
All employees have the right to take 52 weeks’ of adoption leave provided that sufficient
notice is given (as outlined within this policy) and that evidence of the adoption or
surrogacy arrangement is provided.
The application form for adoption leave is attached at Appendix 2.
6 ENTITLEMENT TO NHS OCCUPATIONAL ADOPTION LEAVE AND PAY
An employee working full-time or part-time will be entitled to paid and unpaid adoption
leave under the NHS occupational adoption pay scheme if they:
• have the primary carer responsibilities for the child
• wish to adopt a child who is newly placed for adoption. Adoption leave and pay is
not available in circumstances where a child is not newly matched for adoption, for
example when a step-parent is adopting a partner’s children.
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6• has twelve month’s continuous NHS service with one or more NHS employers
(excluding NHSP or bank work) by the beginning of the week in which they are
notified of being matched with a child for adoption or the 15th week before the
baby’s due date if applying via a surrogacy arrangement and where the employee is
eligible and intends to apply for a parental order.
• informs their manager in writing of their intention to take adoption leave within 7
days of being notified by their adoption agency that they have been matched with a
child for adoption, and at least 28 days in advance of the date on which they want
their leave to start unless this is not reasonable practicable. They will need to tell
their manager:
• when the child is expected to be placed with them and
• when they want their adoption leave to start
• intends to return to work with the same or another NHS employer for a minimum
period of three months after the adoption leave ends.
• provides documentary evidence – a ‘matching certificate’ – from the adoption
agency as evidence of their entitlement to statutory adoption pay and confirmation
of the matching and placement dates.
Details of Adoption leave and pay entitlements are attached as Appendix 1.
For occupational adoption leave and pay purposes, full pay includes all enhancements,
leads, allowances and on calls based on the average pay of the three months prior to
assessment.
By prior agreement with the employer, occupational adoption pay may be paid in a
different way, for example a combination of full pay and half pay or a fixed amount spread
equally over the adoption leave.
Adoption pay and leave is available to all qualifying employees regardless of their sexual
orientation and gender identity. If any couple, including same-sex couples and those where
a partner is non-binary jointly adopt a child, one may take adoption leave and the other
parent may be able to take New Parent Leave (see New Parent Leave Policy).
Employees can choose to end their adoption leave to access, or enable their partner to
access, shared parental leave (see Shared Parental Leave policy).
7 SURROGACY ARRANGEMENTS
Surrogacy is when another person carries and gives birth to a baby for the intended
parents. The person who gives birth to the child will be treated as the mother, however,
parental responsibility can be transferred by either an adoption or parental order.
If an employee becomes pregnant as part of a Surrogacy arrangement the relevant
sections of the Maternity Leave Policy apply.
Adoption leave and pay is available to eligible employees who become the legal parents
following an application for adoption or parental order. Adoption leave and pay is available
to one member of the couple with parental responsibility. The other member of the couple
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7may be entitled to New Parent Leave (see New Parent Leave Policy) and Shared Parental
Leave (see Shared Parental Leave Policy).
Employees can choose to end their adoption leave to access, or enable their partner to
access, shared parental leave (see Shared Parental Leave policy).
8 EMPLOYEES WITH LESS THAN TWELVE MONTHS CONTINUOUS NHS SERVICE
If an employee does not satisfy the conditions in section 6 for occupational adoption pay,
they may be entitled to Statutory Adoption Pay. The employee must have 26 weeks’
continuous service before the beginning of the week when they are matched with a child or
the 15th week before the baby’s due date if applying via a surrogacy arrangement.
Employees who fall in this category will still be entitled to 52 weeks’ adoption leave.
If an employee’s earnings are too low to qualify for Statutory Adoption Pay, or they do not
qualify for another reason, employees are advised to contact their local Job Centre Plus to
see whether they are eligible for benefits.
See Appendix 1 for pay and leave entitlements.
9 COMMENCEMENT OF ADOPTION LEAVE
Adoption leave can start on the date the child is placed (when they actually start living with
their new family) or up to 14 days in advance of the expected date of placement. The
leave can start on any day of the week and is taken in whole weeks.
Only one period of leave will be available irrespective of whether more than one child is
placed for adoption as part of the same arrangement.
10 CONFIRMING ADOPTION LEAVE AND PAY
Following receipt of the adoption leave application form, the Human Resources
Department will confirm to the employee in writing:
the employee’s paid and unpaid leave entitlements under this agreement (or
statutory entitlements if the employee does not qualify for occupational adoption
pay).
unless an earlier return date has been given by the employee, their expected return
date is based on their 52 weeks paid and/or unpaid leave entitlement under this
agreement.
the need for the employee to give at least 28 days’ notice if they wish to return to
work before the expected return date.
11 INTENTION NOT TO RETURN TO NHS EMPLOYMENT
An employee who satisfies the conditions in section 6, except that they do not intend to
work with the same or another NHS employer for a minimum period of three months after
their adoption leave is ended, may still be entitled to pay equivalent to Statutory Adoption
Pay as detailed in Appendix 1.
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8Employees not intending to return to work in the NHS should submit the application form
(Appendix 2) with a formal written resignation and the matching certificate to their Manager
who will forward it to Human Resources.
The manager should acknowledge the resignation and make the employee a leaver on
ESR in the normal way.
12 OVERSEAS ADOPTION
Entitlements when adopting overseas are the same as above with the following
exceptions:
o An employee must have received official notification confirming the central authority
has, or is prepared to, issue a certificate confirming they are eligible to adopt and
have been assessed and approved as being a suitable adoptive parent.
o The employee should inform their line manager that they intend to take adoption
leave and pay within seven days of receiving official notification of the adoption.
This is when you receive notification that the central authority is prepared to issue a
certificate or has issued the certificate.
o The employee may choose to start their leave either from the date the child enters
the UK or from a fixed date (as notified to their manager) up to 28 days after the
date the child enters the UK.
o Adoption leave will not be granted to cover the period the employee spends
traveling overseas to arrange the adoption or visit the child. If leave is needed for
this purpose, annual leave or unpaid leave may be agreed, within service needs.
13 FIXED TERM AND ROTATIONAL CONTRACTS
An expectant adopter who is on a fixed term or training contract which expires after the
week on which the adopter is notified of a match with a child for adoption will, subject to
satisfying the conditions above have their contract extended to allow them to receive the
52 weeks adoption leave which includes 39 weeks paid occupational and statutory
adoption pay and the remaining 13 weeks of unpaid adoption leave.
If there is no right of return to be exercised because the contract would have ended if
adoption had not occurred, the repayment provisions will not apply.
Employees on fixed-term contracts who do not meet the twelve month’s continuous service
condition may still be entitled to Statutory Adoption Pay.
Where an employee is on a planned rotation of appointments with one or more NHS
employer(s) as part of an agreed programme of training, they shall have the right to return
to work in the same post or in the next planned post irrespective of whether the contract
would otherwise have ended if adoption had not occurred. In such circumstances the
employee’s contract will be extended to enable the practitioner to complete the agreed
programme of training.
Where an employee changes employer because their training programme has required
them to do so, and this means they do not have enough statutory continuous service with
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9their current employer to access statutory adoption pay, but they would have had sufficient
statutory continuous service to access statutory adoption pay had they not been required
to change employer because of the training programme the employee shall be paid, by
their current employer, the value of statutory adoption pay they would have otherwise
received if their statutory continuity had not been broken by their change of employer.
Absence on adoption leave (paid and unpaid) up to 52 weeks before a further NHS
appointment shall not constitute a break in service.
When the contract is extended and the employee has no contract to return to this Trust,
there is no entitlement to sick leave when adoption leave ends.
When the contract is extended and the employee has no contract to return to this Trust,
payment will be made in lieu of any annual leave accrued during leave.
14 BANK WORKERS
Bank workers may be entitled to Statutory Adoption Pay and leave if they have worked one
shift per week, continuously for 26 weeks before beginning of the week when they are
matched with a child. They will not be entitled to occupational adopion leave or pay from
the Trust.
CONTRACTUAL RIGHTS
During adoption leave (both paid and unpaid) an employee retains all of their contractual
rights, except remuneration.
15 PAY PROGRESSION
An Agenda for Change employee on adoption leave will progress through their pay step on
the date the pay step is due unless a pay-step review meeting has taken place prior to the
commencement of leave which confirmed that the required standards for pay progression
would not be met. If a pay-step review cannot be conducted prior to the paystep date the
pay-step point should be automatically applied in the individual’s absence.
For staff on medical and dental terms and conditions the general principle will apply that
there should be no detriment to pay progression or annual leave accrual as a result of
taking adoption leave.
16 ANNUAL LEAVE
Annual leave and Bank Holidays will continue to be accrued at the normal rate during paid
and unpaid adoption leave.
Annual leave accrued prior to commencing adoption leave should be taken prior to the
commencement of the adoption leave and not carried over, where practicable and should
not be carried over to the end of the adoption leave.
Annual leave and Bank Holidays accrued during adoption leave is usually taken
immediately upon the employee’s return from adoption leave. If it is agreed that an
employee will return from adoption leave on reduced hours then annual leave accrued
prior to and during the adoption leave will usually be taken immediately after the adoption
period and before the reduction in hours is implemented. This means that the leave will be
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10taken as full time hours (or previous part-time hours), and the new part-time hours agreed
will not commence until this annual leave has been taken.
By agreement with the line manager, accrued annual leave may be used facilitate a
phased return to work following adoption leave.
The adoption leave period (paid and unpaid) is continuous. Annual leave may be taken
immediately before or after adoption leave but not in between.
IN circumstances where the employee’s fixed term contract has been extended to allow
them to take adoption leave and the employee has no contract to return to this Trust,
payment will be made in lieu of any annual leave accrued during leave.
17 PENSION DURING ADOPTION LEAVE
Pension contributions are due regardless of whether an employee’s leave is paid or
unpaid. Pension contributions are deducted on the amount of pay received during the
adoption leave. Pension contributions will be due for any period of nil pay and will be
collected when the employee returns to work. Any arrears will be based on the pay prior to
the commencement of the nil pay and will be collected over a period equal to the unpaid
leave period.
Added years contributions and Additional Pension Purchases will continue to be payable
on the normal full rate pensionable pay. If the employee is purchasing additional pension,
they should contact the Pensions Officer before adoption leave commences.
Employees not returning to work
An employee who leaves work to adopt a child without intending to return should, for
pension purposes, be regarded as terminating their employment on the last working day
unless they contact the Pensions department to make the necessary arrangements to
extend their contributory service to cover the period of adoption leave.
18 CAR LEASE
An employee on adoption leave is obliged by the terms and conditions of the agreement to
continue payment of a car lease.
WHILST PLANNING FOR ADOPTION AND DURING ADOPTION LEAVE
19 TIME OFF FOR PRE-ADOPTION MEETINGS
The main adopter will be able to take paid time off for up to five adoption appointments.
The secondary adopter will be entitled to take unpaid time off for up to two appointments.
The manager may request documentary evidence of appointments.
If there is an established relationship with the child, such as fostering prior to the adoption,
or when a step-parent is adopting a partner’s child paid time off will only be given for
official meetings connected with the adoption.
If parents are applying for a parental order of adoption following a surrogacy arrangement,
they will be entitled to 2 unpaid antenatal appointments to enable them to accompany the
birth mother.
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1120 KEEPING IN CONTACT
Before going on leave, the manager and the employee should discuss and agree any
voluntary arrangements for keeping in contact during the employee’s adoption leave
including:
(i) any voluntary arrangements that the employee may find helpful to help keep in touch
with developments at work and, nearer the time of their return, to help facilitate their
return to work;
(ii) keeping the employer in touch with any developments that may affect their intended
date of return.
21 WORKING DURING ADOPTION LEAVE AND KEEPING IN TOUCH (KIT) DAYS
An employee on adoption leave can carry out up to 10 days' paid work at the Trust during
the leave period (referred to as Keeping in Touch (KIT) days) without bringing their leave
period to an end.
KIT days are intended to facilitate a smooth return to work for employees returning from
adoption leave and to help employees to stay in touch and up to date with work whilst they
are off. To facilitate the processing of Keeping in Touch days, it is important that the
manager and employee have early discussion to plan and make arrangements for KIT
days before the employee's adoption leave takes place.
Work means any work done under the contract of employment and may include training or
any activities undertaken for the purpose of keeping the employee in touch with the
workplace. Any such work must be by agreement between the manager and employee.
The work can be consecutive or not, and working for part of any day will count as one KIT
day.
The only time when such KIT days are prohibited is during the compulsory 2 week leave
period immediately following child placement.
For KIT days worked the employee will be paid at their basic daily rate for the hours
worked, less any occupational or statutory adoption leave payments. If a KIT day is worked
in the full pay period, the manager will make arrangements to ensure the employee
receives a day of paid leave in lieu once they have returned to work. If a KIT day is worked
on a day of leave in the half pay period, the manager will make arrangements to ensure
the employee receives a half day of paid leave in lieu once the employee has returned to
work.
Managers must inform the Payroll department of any KIT days taken by filling in a changes
form once the employee has returned to work.
Employees are also able to work, for example through Trust Bank, only during the unpaid
part of their adoption leave.
22 IF ADOPTION CEASES DURING ADOPTION LEAVE PERIOD
If the child’s placement ends during the adoption leave period, the adopter will be able to
continue adoption leave for up to a further 8 weeks.
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1223 DEATH OF A CHILD
If, following adoption, the child dies, the employee will be entitled to paid adoption leave in
the usual way.
In the event of the death of a child, other leave options are also available as detailed in the
Special Leave Policy and normal sickness arrangements will apply if absence is due to
certificated sickness.
The Trust has a free, confidential support service available to all staff provided by the
Employee Assistance Programme (see section 30 of this policy for more details).
FOLLOWING ADOPTION LEAVE
24 RETURN TO WORK
No return to work will be allowed in the two weeks following matching.
The employee is entitled to return to their job under the original contract with terms and
conditions that are no less favourable, provided they comply with the conditions of this
policy and procedure.
Failure to notify their Manager and Human Resources of their intention to return within the
given time scale may affect their right to return to work. In addition the employee must
physically return to work unless sick and resume duties following their adoption leave.
Failure to do so may result in the forfeiture of their right to return.
An employee intending to return to work at the end of their full adoption leave entitlement
will not be required to give any further notification although their manager may contact
them during their leave to confirm their intention to return. If they wish to return to work
earlier they must give at least 28 days’ notice.
Employees taking annual leave at the end of adoption leave will be deemed to have
returned to work on the first day of annual leave and managers must submit a changes
form confirming the employee’s return effective from this date. The period of annual leave
will form part of the three month minimum period of return after adoption leave has ended.
Annual leave accrued during adoption leave should be taken immediately upon the
employee’s return to work from adoption leave.
It is the responsibility of the manager to ensure that the appropriate forms have been
completed and passed to HR / Payroll confirming the employee’s return to work date.
Where an employee returns to work at another NHS Trust, it is their responsibility to
ensure proof of employment is sent to ASPH’s HR Department.
Employees returning to work as a Bank worker must be available to work at least one shift
per week when requested to do so, for a minimum of three months following their return.
For those returning to work as a Bank worker either at ASPH or elsewhere must provide
evidence of this to ASPH’s HR Department.
25 FAILURE TO RETURN TO WORK
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13Employees who do not return to work for a minimum of three months at either this Trust or
another NHS employer within 15 months of their commencement of adoption leave shall
be liable to pay back the whole of their Occupational Adoption Pay, less any Statutory
Adoption Pay, received.
26 PREGNANCY OCCURRING DURING ADOPTION LEAVE
Paid and unpaid adoption leave counts as continuous and qualifying service for
subsequent periods of adoption / maternity / shared parental / new parent leave. This
means, for example, that an employee who becomes pregnant while on adoption leave is
entitled to a period of maternity leave. However, as occupational maternity pay and
statutory maternity pay is calculated on the level of average weekly earnings during the 8
week period, 15 weeks prior to the expected week of childbirth, the employee may not
qualify for any pay during the period of maternity leave.
27 RETURNING ON FLEXIBLE ARRANGEMENTS
If at the end of adoption leave the employee wishes to return to work on different hours the
manager has a duty to facilitate this wherever possible in line with service needs. Requests
must not be unreasonably refused and managers are advised to consider flexible
alternatives, including arrangements on a temporary basis. Further information can be
found in the Trust’s Flexible Working Policy.
28 NURSERY AND CHILDCARE PROVISION
Onsite Nurseries and Play Schemes
There is usually a waiting list for places at First Steps Nurseries at St Peter’s and at
Ashford. Staff are advised to contact the Nursery Manager, at St Peter’s on 2192 and
Ashford on 4757 at the earliest opportunity to place their name on the waiting list.
We also offer a play scheme which runs from the St Peter’s site and covers the 11 weeks
of school holidays during the academic year (following the Surrey County Council holiday
dates). We regret that we are unable to cover in-set days as these vary from school to
school. However, we do operate an emergency play scheme, which is subject to the
availability of our staff, to cover emergency closures of schools during inclement weather.
Play scheme is for children aged 4years (once at school) up until 10 years 11 months.
Please contact the St Peter’s Nursery Extension 2192 and ask for the Play scheme
Coordinator or the Assistant Childcare Manager for more information.
Lists of childcare facilities are also available through Surestart https://www.gov.uk/find-
sure-start-childrens-centre
Help with Childcare Costs
The Government closed the Childcare Voucher scheme to new entrants from 4th October
2018. Current users can continue to receive Childcare Vouchers to pay for registered
childcare costs as long as they remain eligible and provided they do not change employer.
Parents with first babies born after 4th October 2018, any not registered before this date
and current users who change employer after 4th October 2018 should seek further
information on help with childcare costs. You may be eligible for:
Tax Free Childcare
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14Tax Credits
Universal Credits
Help While You Study
For further information go to https://www.childcarechoices.gov.uk
Tax Free Childcare
Tax Free Childcare is a scheme administered by HMRC, whereby working families can be
offered 20% support to qualifying childcare costs up to a certain limit. Both Parents are
eligible if you are employed, self-employed or both. To qualify you have to be earning at
least £120 per week and over the age of 25 years. More details are available here:
https://www.gov.uk/get-tax-free-childcare
Work Place Nurseries
Under the ‘Work Place Nurseries Exception’ the cost of a place in a workplace nursery is
completely exempt from Tax and National Insurance Contributions. If you received
confirmation of a nursery place and it has been agreed in writing, call payroll on 2799 to
see if you are eligible for the savings. (Please bear in mind this can have an impact on
your pension contributions at a later date).
Early Years Funding
Both of the Trust Nurseries offer Funded Early Education for Two Year Olds (FEET
Funding), Universal and Extended Hours for 3 and 4 year olds.
29 OTHER BENEFITS AND INFORMATION
There are occasions when employees are entitled to other statutory benefits/allowances
and information about all statutory maternity/adoption, Shared Parental Leave and
paternity rights can be found using the following link: www.gov.uk
30 HELP AND SUPPORT
The Trust’s Employee Assistance Programme, provided by Care First is a source of free
advice, information and support on having children including counselling if appropriate. The
Freephone number is 0800 174319. Care First is available 24 hours a day, 7 days a week,
365 days a year and is accessible by phone or online. The EAP can provide information
booklets, articles, resource information on support services in your local area and even
short term face-to-face counselling.
31 POLICY DISSEMINATION AND IMPLEMENTATION
This policy will be available to all staff through publication on the Intranet. Copies can also
be requested from the Human Resources Department.
The line manager will be responsible for ensuring their staff are made aware of this policy
and for ensuring compliance.
32 PROCESS FOR MONITORING COMPLIANCE WITH EFFECTIVENESS OF POLICY
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15This process for monitoring compliance with the policy will be through the paperwork
submitted to Human Resources Department for processing and also any complaints
received pertaining to any part of this policy.
33 POLICY EQUALITY IMPACT ASSESSMENT
An impact assessment has been carried out for the policy (attached at Appendix 4). This
has indicated that no further action is required at this time.
34 POLICY ARCHIVING ARRANGEMENTS
This is a Trust wide document and archiving arrangements are managed by the Quality
Department who can be contacted to request master/archived documents
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16APPENDIX 1
ADOPTION LEAVE AND PAY CHART
Returning to Work Not Returning to Work
SERVICE LEAVE ADOPTION PAY ENTITLEMENT
ENTITLEMENT
Less than 26 weeks’ continuous service before the 52 weeks maternity leave NIL NIL
beginning of the week you are matched with a child Contact payroll for information about
th
or or the 15 week before the baby’s due if applying claiming Income Support
via a surrogacy arrangement
26 weeks’ continuous* service with the Trust before 39 weeks leave with statutory 39 weeks Statutory Adoption Pay 39 weeks Statutory Adoption Pay
the beginning of the week you are matched with a adoption pay plus
child or by the 15th week before the baby’s due if 13 weeks unpaid adoption leave
applying via surrogacy arrangement, but less than
12 months’ continuous* NHS service by the
beginning of the week in which they are notified of
being matched with a child or the 15th week before
the baby’s due if applying via a surrogacy
arrangement
Over 12 months’ continuous* service with NHS by 39 weeks paid leave plus up to First 8 weeks = full pay (including any 39 weeks Statutory Adoption Pay
the beginning of the week in which they are notified 13 weeks unpaid adoption leave Statutory Adoption Pay or Income
of being matched with a child, or the 15th week Support Receivable)
before the baby’s due date if applying via a Next 18 weeks = half pay plus any
surrogacy arrangement Statutory Adoption Pay or income
support (including any dependants
allowances) providing the total
receivable does not exceed full pay.
Next 13 weeks = Statutory Adoption
Pay or income support (including any
dependants allowances)
Volume 2 Section 1 First Ratified Last Review Issue 5 Page
Employment & Occ. Employment November 2001 November 2010 17 of 22
HealthAPPENDIX 2
APPLICATION FOR ADOPTION LEAVE
Applicants: Once you have completed this form inserting the appropriate dates, sign overleaf and pass to
your manager for authorisation of leave. This form must be submitted with your MATCHING
CERTIFICATE/OFFICIAL NOTIFICATION (for Adoption Leave) or BIRTH CERTIFICATE/SURROGACY
AGREEMENT/PARENTAL ORDER/SOLICITOR CORRESPONDENCE (for Surrogacy) to the Human
Resources Department.
Personal Details
Forename(s) Surname
Job Title: Ward/Dept & Base
Home Address
NHS Continuous Service Date (if known) Date Commenced at ASPH
Expected Date of Matching / Date of Entry of Child to UK / Date of Birth of Child (please delete)
Applicant’s Declaration
I have read the Adoption Leave and Surrogacy Policy and understand that these are a summary of
the main regulations.
* I wish to commence Adoption leave: On
(please delete as applicable)
* I intend to return to work: YES NO
* I have had over 12 months’ continuous service and wish to have my occupational adoption
pay (NOT Statutory adoption pay)
• In the usual way
• As a fixed amount spread equally over the adoption leave period
(the leave period ends on the anticipated date of return below)
* Anticipated date of return:
* If I wish to return to work before the expected return date (based on entitlement of 52
weeks leave) I undertake to give at least 28 days’ notice to my manager.
* If returning, I undertake to continue in the National Health Service for a minimum period of
three months subsequent to my actual return to duty after the expiration of this leave. If I
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Employment & Occ. Employment November 2001 November 2010 18 of 22
Healthdecide to return onto the bank I am obliged to work for a minimum of one shift per week for
a minimum of three months.
* I fully understand that if I fail to return to work or the bank for the stipulated period I shall be
liable to refund any occupational adoption pay to which I am not entitled.
* I undertake to advise both my manager and the Human Resources Department in writing of
any developments which may affect my intended date of return.
* I would like my manager to keep in contact with me by
* I have discussed my annual leave entitlement and agreed that
* I have discussed KIT days with my manager and have agreed that
Signed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Print Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dated: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If not returning
I enclose a letter of resignation:
Signed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Print Name : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dated: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Manager’s declaration
Signed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Print Name & Job Title: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Dated: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Volume 2
Section 1 First Ratified Next review Issue Page
Employment &
Employment May 2019 May 2022 1 19 of 22
Occ. Health
19APPENDIX 3
ADOPTION LEAVE CHECKLIST FOR THE EMPLOYEE
To inform their manager as soon as they have been notified that they are to be
matched with a child/ have a child
To access this Policy and seek additional advice if necessary.
To complete the Adoption Leave Application form
To obtain the Matching Certificate from the adoption agency or produce the birth
certificate/surrogacy agreement/parental order in cases of Surrogacy
To forward the completed Adoption Leave Application form and required
documentation to the line manager to sign
To inform the line manager of their intention to return to work following leave
To contact the Nursery Manager as soon as possible if needing a place at one of
the onsite nurseries.
To notify their manager of their intention to take KIT days
ADOPTION LEAVE CHECKLIST FOR THE MANAGER
To ensure that the employee has a copy of this policy and seeks advice from
Human Resources if necessary.
To countersign the employee’s adoption leave application after discussing it with
them and send with the required documentation to the Human Resources
Department.
To send a completed Staff Change of Employment Details Form to the Human
Resources Department confirming when the employee starts adoption leave.
Human Resources will then forward this on to Payroll.
To agree with the employee how they would like to be kept up to date whilst on
leave and to keep the member of staff informed about developments in the Trust
and the ward/department by, for instance, forwarding copies of Aspire.
To send a completed Staff Change of Employment Details Form to the Human
Resources Department when the employee returns from adoption leave. Human
Resources will then forward this on to Payroll.
Volume 2 Section 1 First Ratified Last Review Issue 5 Page
Employment & Occ. Employment November 2001 November 2010 20 of 22
HealthAPPENDIX 4
Equality Impact Assessment Summary
Name: Assistant Director of HR – Business Partnering
Policy/Service: Adoption and Surrogacy Leave Policy
Background
• Description of the aims of the policy
• Context in which the policy operates
• Who was involved in the Equality Impact Assessment
The policy sets out the provisions for adoption and surrogacy leave and pay for employees. It
exists as part of a suite of Family Friendly Policies. Its aim is to support staff who wish to take
leave (and entitles eligible employees to pay) in order to adopt a child or have applied for a
parental order following surrogacy arrangement.
Methodology
• A brief account of how the likely effects of the policy was assessed (to include race and
ethnic origin, disability, gender, culture, religion or belief, sexual orientation, age)
• The data sources and any other information used
• The consultation that was carried out (who, why and how?)
Uptake was assessed by reporting from ESR.
Consultation was carried out with HR, management and staff reps and via our Employee
Partnership Forum.
Key Findings
• Describe the results of the assessment
• Identify if there is adverse or a potentially adverse impacts for any equalities groups
This policy ensures that staff adopting or applying for a parental order are equally entitled to leave
and pay as those who take maternity leave.
The policy undertakes to support those who step out of work for a period of time to adopt children
by:
- Offering paid and unpaid leave
- Committing to maintaining continuity of employment and guarantee role on return
- Setting out keeping in touch processes and expectations
- Signposting employees to support on return such as childcare arrangements, flexible
working etc
In this way, the policy helps to remove barriers to employment faced by parents (this disadvantage
disproportionately affects women).
This policy applies equally to every employee, regardless of their sexual orientation and gender
identity. However the language of the policy was previously gender specific and therefore was not
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Employment & Occ. Employment November 2001 November 2010 21 of 22
Healthinclusive of non-binary colleagues.
Recommendations
• State recommended changes to the proposed policy as a result of the impact assessment
• Where it has not been possible to amend the policy, provide the detail of any actions that
have been identified
• Describe the plans for reviewing the assessment
- Policy should be maintained at current level of financial and leave benefits
- Policy should be regularly updated with any additional non-financial benefits and support
available for staff and relevant to the policy
- Policy will be widely publicised to ensure staff are aware of entitlements and that managers
understand their obligations.
- Gender specific language has been removed where possible
- EIA will be annually reviewed and uptake of the policy monitored
Guidance on Equalities Groups
Race and Ethnic origin (includes gypsies and Religion or belief (include dress, individual
travellers) (consider communication, access to care needs, family relationships, dietary
information on services and employment, and requirements and spiritual needs for
ease of access to services and employment) consideration)
Disability (consider communication issues, Sexual orientation including lesbian, gay
access to employment and services, whether and bisexual people (consider whether the
individual care needs are being met and policy/service promotes a culture of openness
whether the policy promotes the involvement of and takes account of individual needs
disabled people)
Gender (consider care needs and employment Age (consider any barriers to accessing
issues, identify and remove or justify terms services or employment, identify and remove or
which are gender specific) justify terms which could be ageist, for example,
using titles of senior or junior)
Culture (consider dietary requirements, family Social class (consider ability to access
relationships and individual care needs) services and information, for example, is
information provided in plain English?)
Volume 2
Section 1 First Ratified Next review Issue Page
Employment &
Employment May 2019 May 2022 1 22 of 22
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