Adoption / Surrogacy FAQ's for employees

You can advise them verbally or in writing initially but an application form needs to be submitted within 7 days of being notified by the Adoption/Surrogacy Agency that you have been matched with a child for adoption.

Please refer to adoption pay flowchart Adoption Pay Flowchart (.pdf).

Adoption leave shall commence on the date of the child’s placement (whether this is earlier or later than expected) or on a fixed date which can be up to 14 days before the expected date of placement.

You must provide the Absence Team (and a copy should also be sent to your line manager) with a completed adoption/surrogacy leave form within 7 days of being notified by the adoption agency that you have been match with a child for adoption or in the case of surrogacy you must apply for a parental order under a surrogacy arrangement.  It is possible to change the date the leave commences provided that you give 28 day’s written notice or if that is not possible as soon as reasonably practicable.

Holiday entitlements continue to accrue during the adoption/surrogacy leave. Any holiday leave already owing should, where possible, be taken before beginning the adoption/surrogacy leave. In cases where this is not possible the remaining annual leave days will be carried over to the new leave year.

(We may require you to take all or part of the holidays carried into a new leave year on particular days as determined by your line manager and service requirements) or the annual leave should be taken within 3 months of returning to work).

For term time employees any adjustments required will be made at the end of the period of adoption/surrogacy leave. The leave entitlement should be taken either before or after the Adoption/Surrogacy leave period during school closure periods. On return from Adoption/Surrogacy you should be allowed to take any outstanding leave during term time during that leave year if there are insufficient school closures to accommodate the leave in that year.

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. Adoption appointments are appointments made by an adoption agency relating to a child being placed for adoption or for fostering for adoption placement.

Employees and agency workers who have a qualifying relationship with a pregnant woman or an expected child are entitled to take unpaid time off work to accompany that pregnant woman at up to two antenatal appointments.

Please note that employees will have the right from day one of their employment. Agency workers will qualify after 12 weeks in the same assignment. The right to time off is capped at a maximum of six-and-a-half hours on each occasion, which can include travelling time, waiting time and attendance.

You will not receive sick pay while you are on adoption/surrogacy leave but will continue to receive adoption/surrogacy pay for the entitlement period.

You may be entitled to adoption/surrogacy leave/pay but as you are employed on a fixed term contract which is due to end on or during your adoption/surrogacy leave any payments (if eligible) will cease on your termination date.  Any remaining Statutory Adoption Pay (if eligible) will be paid as lump sum payment.

However should your contract be extended or you find alternative employment please liaise with your departmental HR Officer and the Absence Team as you may be entitled to additional adoption/surrogacy leave/pay.

It is assumed that you will return at the end of the Adoption/Surrogacy Leave Period.  If you wish to return to work earlier than this then you must give your line manager and the Absence Team at least 8 weeks’ notice of an early return to work, this will apply during OAL and AAL.

We are actively committed to supporting a family friendly environment and policies have been developed in support of this.  Other options that may be considered include, making an application for flexible working, job-sharing or part-time working. Please see the Flexible Working policy for further information.

If after confirming your intention to return to work you decide not to return for at least 13 weeks you may be asked to repay some of the pay you have received. See the Adoption/Surrogacy Leave policy for further details.