Adoption & Surrogacy Policy

Date Approved by SLT	June 2022
Date of EQIA	March 2023
Document Owner	Human Resources
Last modified	March 2023
Next review date	March 2024

1.0 Aims and Objectives

The aim of this policy is to provide Managers and employees with the procedure on adoption and surrogacy leave and pay arrangements to ensure that this is undertaken fairly and consistently across Queen Margaret University in accordance with equality and diversity principles.

2.0 Scope of the Policy

This policy applies to all employees taking adoption or surrogacy leave or pay within Queen Margaret University.

3.0 Monitor and Review

Human Resources are responsible for monitoring the effectiveness of this policy and supporting procedures and will conduct reviews at appropriate intervals.

Anyone who feels they have been unfairly treated or discriminated against should contact Human Resources.

4.0 Equal Opportunities

QMU is committed to equality of opportunity for all its staff and the terms of this policy and its supporting procedures and guidance notes are designed to ensure the fair and transparent treatment for all staff irrespective of age, race, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, sexual orientation, religion or belief, sex or contractual status. A review of the Equality Impact Assessment is undertaken on this policy each time they are reviewed and updated.

5.0 Responsibility for this Policy

Human Resources.

Any changes to this policy and supporting procedures will be made in consultation with appropriate bodies.

QMU reserves the right to update HR Policies in line with new or updated Employment Legislation.

6.0 Eligibility

To qualify for adoption leave, the employee must:

Be matched with a child for adoption by a UK Adoption Agency, or be in a couple who have been jointly matched with a child for adoption;

Where a couple, both employed by QMU, are adopting jointly, only one individual is eligible to receive adoption leave and pay. The individual who is not going to receive adoption leave and pay will be entitled to Partner Leave (formerly known as Paternity Leave) and pay as long as they meet the eligibility criteria for this. Please see QMU Partner Leave Policy for further information. This can be accessed via the HR Intranet site.

In the case of adopting a child from overseas, the employee must also have received notification from the relevant domestic authority that they are eligible to adopt a child from abroad. The employee should provide HR with a copy of this paperwork along with the Adoption Notification Form.

7.0 Adopting through Surrogacy

You have the same rights to pay and leave if you are adopting a child through a surrogacy arrangement.

For statutory adoption pay, you must:

have at least 26 weeks’ service by the 15th week before the baby’s due date
have entered into a surrogacy arrangement where the baby will be placed with you as the intended parent upon their birth
be the primary carer of the baby
intend to apply for a Parental Order
expect the order to be granted (for example, because you don’t have any convictions involving children, and the birth mother or father agree to the arrangement)

8.0 Adoption Leave

Employees who adopt a child through a UK Adoption Agency are entitled to take up to 52 weeks of adoption leave. Adoption leave consists of 26 weeks of ordinary adoption leave and 26 weeks of additional adoption leave.

Adoption leave can be taken as follows:

up to 14 days before the date the child starts living with the employee (UK adoptions)
when the child arrives in the UK or within 28 days of this date (overseas adoptions)
the day the child’s born or the day after (if the employee has used a surrogate to have a child)

The employee may return to work at any time during adoption leave or additional adoption leave provided that they give at least eight weeks’ notice.

Additional Adoption Leave starts from week 27 and may continue for up to a further 26 weeks. If eligible as noted in this policy, the employee may be entitled to statutory adoption pay (and occupational adoption pay) for the first 13 weeks of Additional Adoption Leave. The remaining 13 weeks of Additional Adoption Leave are unpaid.

9.0 Adoption Pay

9.1 Occupational Adoption pay (OAP) eligibility

Employees of QMU are entitled to the University’s occupational adoption pay from day one of their employment with the University, as long as they meet the following eligibility criteria:

are employed by the University at the matching week,
or are employed by the University at the baby’s due date and have been or reasonably expect to be granted a Parental Order in a surrogacy situation,
and return to work for at least three months after having been on adoption leave

9.1.1 Occupational Adoption Pay

OAP is paid from week 1 to week 39 inclusive (or until the employee returns to work if this is earlier than week 39). It is calculated at 90% of normal pay from week 1 to 6 inclusive and then 50% of normal pay from weeks 7 to 39 inclusive, where average weekly earnings are based on the two salary payments prior to the matching week. OAP is adjusted to take into account any cost of living uplift to the salary scale, which is applied in August of each year.

OAP is paid in addition to Statutory Adoption Pay (SAP) of £156.66 (from April 2022) per week (when the individual meets the eligibility criteria for SMP – see below).

If the employee does not return to work for a period of at least three months after adoption leave then they will be required to repay all OMP.

Upon request, payment of OAP may be deferred until the employee has resumed work for three months or until they decide they will definitely be returning for at least three months. The balance of any outstanding OAP will be paid to the employee in the next available payroll after they have informed us of their decision to definitely return for at least three months. This is often practical for those employees who do not wish to make a decision on returning to work until after their adoption leave.

9.1.2 Subsequent access to Occupational Adoption Pay

Where an employee has already had a period of adoption leave during the course of their employment at QMU, at least one year must have elapsed between their return to work after adoption leave and subsequent adoption in order for them to be eligible for automatic occupational maternity pay. If one year has not elapsed between their return to work and the subsequent notification of matching week then occupational adoption pay will automatically be deferred until the employee has returned to work for three months after their adoption leave. The balance of outstanding OAP will be paid to the employee in the next available payroll. QMU will continue to pay statutory adoption pay for the duration of the adoption leave.

9.1.3 Statutory Adoption Pay

Employees are entitled to receive statutory adoption pay from QMU if they have been continuously employed by QMU for 26 weeks or more as at the week in which notification of matching is given by the adoption agency.

The level of adoption pay is determined by the employee’s length of service as at the week in which the employee is given notification of matching. Eligibility to statutory adoption pay is outlined below.

If the employee has worked at QMU for at least 26 weeks by the week in which they have received notification of matching:

Entitled to: Statutory Adoption Pay (SAP)

Employees are entitled to Statutory Adoption Pay (SAP) if they have worked for the same employer for at least 26 weeks by the week in which they receive notification of matching and if their earnings have reached the minimum amount stipulated by the Lower Earnings Limit.

SAP is paid for a maximum of 39 weeks. The first 6 weeks is paid at 90% of normal pay. The following 33 weeks is paid at £156.66 per week, from April 2022, (or 90% of normal pay if this is less than £156.66 per week).

If the employee is on a fixed term contract which comes to an end after the start of the notification of matching week then they will still be entitled to receive 39 weeks of SAP from QMU.

If the employee resigns after the notification of matching week they will still be entitled to receive 39 weeks of SAP from QMU.

10.0 Notice of Intention to take Adoption Leave

The employee must inform their line manager of their intention to take adoption leave as early as reasonably practicable. Notification must be given no later than seven days after the date on which notification of the match with the child was provided by the adoption agency.

Employees who are adopting from overseas must give QMU at least 28 days notice of when they wish their adoption leave to start. The employee must also inform QMU of the date the child enters the UK. This must be done within 28 days of the date of entry.

The employee should discuss with their line manager:

The date they wish to commence adoption leave.
How any outstanding annual leave will be dealt with.
The date the employee expects, at this stage, to return to work.

Adoption leave and pay can only be taken upon completion and submission of the Adoption Notification Form. A copy of the Matching Certificate (provided by the adoption agency) must be attached to the form.

Upon receipt of the Adoption Notification Form and the Matching Certificate, HR will write to the employee confirming arrangements for adoption leave and pay.

Should any of the dates change the employee should inform their line manager and HR as soon as possible. The employee will be permitted to bring forward the adoption leave start date provided that they inform their line manager and HR at least 28 days prior to the new start date or as soon as reasonably practicable.

The employee may also postpone the start date of their adoption leave provided that they inform their line manager and HR at least 28 days before the start of the original adoption leave start date or as soon as reasonably practicable.

11.0 Time off for Antenatal Care or Adoption Meetings

Employees are entitled to take reasonable paid time off work to attend antenatal appointments or adoption meetings. Evidence of appointments must be provided to the line manager on request.

12.0 Annual Leave

Employees who are on adoption leave continue to accrue annual leave at their normal rate. This can often lead to a build up of accrued annual leave.

The line manager may wish to agree with the employee that they may carry forward annual leave in these circumstances, however,

Many employees use their accrued annual leave to extend their adoption leave on a paid basis or to facilitate a phased return to work, enabling them to return to being paid at their normal rate.

HR recommends that use of accrued annual leave is discussed and agreed between the line manager and the employee as early as possible to enable them to plan for cover of the employee’s workload while they are on adoption leave.

Employees who are on adoption or surrogacy leave over the closure period in December, will be entitled to the 8 days closure days to be used at the end of adoption or surrogacy leave or as part of a phased return to work. This arrangement should be discussed and agreed with the line manager.

13.0 Payment of Pension Contributions

Employees will continue to contribute to their pension scheme while on adoption leave.

Where an employee elects to take a period of unpaid additional adoption leave both they and QMU will cease to pay contributions. This period of time will not count as pensionable service. The employee must decide when returning to work if they wish to make up the difference and pay back their unpaid contributions so that this period will count as pensionable service again. These additional contributions will be calculated based on the employee’s last payment before commencing adoption leave. This may be paid in instalments in agreement with Payroll. If the employee wishes to pay back these contributions then they must notify HR and Payroll upon their return to work, otherwise, they will be deemed by the pension fund to have a break in service which will effect their final pension calculation.

Further details on pension contributions while on adoption leave can be found in the guidance document at the end of this policy. Further information can also be obtained from your pension provider, contact details of which are provided below:

Lothian Pension Fund

STSS

USS

14.0 Keeping in Touch

14.1 General Contact

HR encourages the line manager and employee to keep in touch during the adoption leave period. Employees and line managers may find it helpful to discuss the amount of contact they wish with each other prior to the employee commencing adoption leave. Suitable methods of contact, e.g. telephone, email, etc, should be confirmed. They should also discuss reasons for making contact, e.g. to keep the employee informed of team developments, and care should be taken to ensure that contact is not forced. If it is felt necessary, contact arrangements could be recorded in writing, however, there should be flexibility to alter this if required for good reason.

14.2 Keeping in Touch Days

In addition to general contact, the employee is able to attend work for up to 10 days during their adoption leave without bringing their adoption leave or pay to an end.

These days should normally be used for the employee to keep up to date with developments in their role and their team such as attending training and development, conferences, team away days, etc, but can be used for other aspects of work if desired by both parties.

The reason for attendance should be agreed between the employee and their line manager prior to the keeping in touch day.

Any work carried out in a day constitutes one day of keeping in touch, i.e. if an employee attended work for a team meeting which lasted two hours only, this would count as one day of keeping in touch.

Where an employee attends work for a keeping in touch day, they should complete the “Keeping in Touch Days Payment Form” and submit this to Payroll. Submission of this form will enable the employee to be paid for the hours worked on the keeping in touch day. This payment is calculated on their normal hourly rate. OAP will not be paid in addition to any hours being paid at normal rate, however, QMU will continue to pay SAP on these days.

Keeping in touch days are not compulsory and are in agreement between the employee and their line manager.

Keeping in touch days should not replace a return to work induction but should be used in conjunction with this.

15.0 Termination of Adoption Placement

If the child’s adoption placement is terminated during the employee’s adoption leave, the employee is entitled to continue their adoption leave and pay (if applicable) for up to eight weeks after the placement ends. As the employee is returning to work earlier than planned, the employee must provide QMU with eight weeks’ notice of their amended return date.

In many cases, little or no notice is provided that an adoption placement is being terminated. This may often result in the employee giving early return notice to QMU on the day the placement ends and not returning to work for a further eight weeks.

16.0 Return to Work

HR will write to the employee one month prior to their proposed date of return requesting that the employee completes the “Return to Work after Adoption Leave Form”. This will enable HR and Payroll to make any necessary adjustments to the employee’s salary should they decide to amend their return date while on adoption leave.

17.0 Contractual Rights

Normal employment terms and conditions continue throughout the period of adoption leave, with the exception of salary, which is modified, as explained above. The employee is entitled to return to the same role following a period of adoption leave.

Should you have any outstanding queries following review of this policy please do not hesitate to contact a member of the HR Team to discuss.

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