Adoption / Surrogacy FAQ's for managers

They can advise you 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 they have been matched with a child for adoption.

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

The earliest they can start their Adoption/Surrogacy Leave is no earlier than 14 days before the placement date.

The employee must provide the Absence Team (and a copy should also be sent to you) a completed adoption/surrogacy leave form within 7 days of being notified by the adoption agency that they have been matched with a child for adoption or in the case of surrogacy they must apply for a parental order under a surrogacy arrangement.  It is possible to change the date the leave commences provided that they give you 28 days 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 an employee to take all or part of the holidays carried into a new leave year on particular days as determined by you and service requirements) or the annual leave should be taken within 3 months of returning to work)

For Term Time employees any adjustment required will be made at the end of the period of adoption/surrogacy leave. Leave entitlement for term time employees 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.

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

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

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

It is assumed that employees will return at the end of the Adoption/Surrogacy Leave Period.  If they wish to return to work earlier than this then they must give you 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 councils Flexible Working policy for further information.

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