All staff identified as the primary adopter are entitled to take adoption leave of up to 52 weeks.

The level of pay during leave is dependent upon the member of staff’s NHS service (as outlined below) and whether they intend to return to work.

Staff who work on a bank only contract are not eligible for occupational adoption pay (option C). They are eligible for options A, B or D.

Option A

Option A is for staff with less than 26 weeks with the Trust or NHS.

Option B

Option B is for staff with more than 26 weeks with the Trust but less than 12 months with the NHS at the following points of the adoption process:

• Date of the week the staff member is matched with a child
• Date the official notification for overseas adoption is received
• 15 weeks before the surrogate baby’s due date (staff must have earned enough to pay NI contributions)

Option C

Option C is for staff with 12 months’ service with the Trust or another NHS body by either of the following dates:

• The beginning of the week when the staff member was notified of being matched with a child for adoption
• 15 weeks before the surrogate baby’s due date (member of staff must be eligible for and intends to apply for a parental order)

Option D

Option D is the same as option C but is for staff who will not be returning to work after adoption leave.

The right to statutory adoption leave is available to staff who have been notified by an approved adoption agency that they (alone or jointly) have been matched with a child for adoption.

Adoption leave is also available to eligible staff who are adopting a child from overseas and who have received official notification from the relevant UK authority that they have been assessed and approved as being suitable adoptive parents.

Adoption leave and pay is also available to staff who have a child placed with them in a foster to adopt situation and to staff who become the legal parents of a child as a result of a parental order where the child is born under a surrogacy arrangement.

The right to adoption leave is available to one member only of a couple. It is up to the adoptive parents to decide which of them takes the adoption leave. The partner of an individual who adopts, or the other member of a couple who are adopting jointly, may be entitled to a period of paid new parent support (paternity) leave.

A couple who adopt a child may also be entitled to shared parental leave of up to 50 weeks, to be shared between them during the first year of the adoption, if they meet the eligibility requirements.

Yes, staff can but will need to give at least 28 days’ notice (if this is not possible, as soon as is reasonably practicable beforehand).

Staff need to complete the adoption leave application form, along with a copy of the matching certificate.

The manager needs to ensure they familiarise themselves with the adoption leave procedure.

The adoption leave checklist form is also available to assist managers in following the correct steps to process the adoption leave application appropriately and in a timely fashion.

If the manager has a query, please contact the People Advisory Service for advice.

Yes, they do. Statutory provisions will apply if the employee has 26 weeks continuous service at the beginning of the eleventh week before being notified of a match.

Statutory adoption pay is paid for 39 weeks and the remaining 13 weeks is unpaid.

Members of staff retain all the same terms and conditions of employment during their adoption leave, except for pay.

Continuous service is preserved, the Trust pays their pension contribution and holiday entitlement accrues as normal.

Staff also have the right to return to the same job or a similar job with no less favourable terms and conditions after adoption leave.

Staff wanting to apply for adoption leave must complete an adoption leave application form, within seven days of being notified that they have been matched with a child.

The member of staff must state on the form when the placement is expected to start, when the period of adoption leave begins and how much leave they wish to take. Staff can change when the adoption leaves starts, but should aim to give 28 days’ notice, if possible.

Employees must also provide a certificate from the adoption agency to show they are entitled to adoption leave and pay from the Trust. Managers should respond to the request within 28 days, confirming the arrangements and specifying the date when the member of staff is due to return to work.

A member of staff is entitled to reasonable paid time off to attend official meetings during the adoption process.

Managers can request to see evidence of any appointments. If so, a copy should be taken and retained on the staff member's personal file.

No, only the parent who is identified as the principle carer will be entitled to the adoption leave. The other parent is entitled to new parent support (paternity) leave.

No, a member of staff can not undertake any work during the full duration of the adoption leave.

Yes, the member of staff will continue to accrue annual and public holiday entitlements during the adoption leave.

It is good practice for the manager and member of staff to discuss leave arrangements before the adoption leave commences.

The member of staff should attempt to contact the manager and chase up the progress of their application form.

If the manager still fails to respond, the member of staff should escalate their concerns to the next line of management.

If this is unsuccessful, the member of staff must seek advice from the People Advisory Service.

The member of staff should contact Payroll to discuss any pay queries. Payroll contact details are available on the Trust intranet.

Yes. A member of staff will still be entitled to adoption leave and or pay resulting from an overseas adoption.

Staff must ensure they:

• Tell their manager the date of the official notification (permission from a UK authority for an adoption abroad) and the estimated date that the child will arrive in UK. This must be done within 28 days of receipt of the official notification
• Tell their manager the actual date the child arrives in UK within 28 days
• Provide their manager with a minimum of 28 days' notice of when they wish to commence their adoption leave and pay (noting that adoption leave can only start after the child has entered the UK and must start no later than 28 days after the child has entered UK)
• Provide appropriate documentation and proof of the adoption to their manager, including but not limited to the official notification and evidence that the child has entered UK

In order to receive pay during adoption, whether this is occupational or statutory, all members of staff will be required to provide proof of adoption.

Proof of adoption must show the:

• Name and address of the agency and employee
• Date the child was matched (e.g. matching certificate)
• Expected or actual date of placement (e.g. agency letter)
• Relevant UK authority’s official notification confirming the parent is allowed to adopt (overseas adoptions only)
• Date the child arrived in the UK such as a plane ticket (overseas adoptions only)

Staff will be required to provide a written statement (statutory declaration) to confirm they:

• intend to apply for a parental order in the six months after the baby’s birth
• expect the order to be granted (e.g. they do not have any convictions involving children and the birth mother or father agree to the arrangement)

Foster to adopt is for adopters who have been approved by their adoption agency under a concurrent or fostering for adoption arrangement and may choose to start their adoption leave when a fostering placement is made or when the child is matched with them for adoption.

Only one set of adoption leave is payable per placement. Receipt of fostering allowances and payments during the fostering phase of placement will not affect any adoption pay payable under this agreement.