Why Maternity And Paternity Leave

							                                 NHS Education for Scotland
                                    Adoption and Fostering Policy

1. Introduction

This document sets out the policy of NHS Education for Scotland (NES) in relation to
employees’ entitlements for leave and pay where appropriate in relation to adoption or
fostering.

NES aims to deal sensitively and sympathetically with staff who are considering being
the main carer in adopting or fostering a child and are looking for time off in the initial
stages of this process.

NES recognises that the needs of adoptive or foster parents are at least as great as
those of natural parents in establishing a relationship with the child and in developing
new routines. The Adoption and Fostering Policy is therefore, to enable a member of
staff who wishes to adopt or foster a child to take a period of leave to enable the family
to adjust to new circumstances. Where both parents are employed by NES, leave can
be shared or taken in entirety by the primary carer. However, in certain circumstances
eg where adoption involves a child with special needs, leave may be requested by both
prospective parents. NES also recognises that a single person may adopt/foster a
child.

The policy should be viewed by Line Managers and employees as a first point
reference for the many questions facing employees who are considering being the main
carer in adopting or fostering a child.

2. Procedures

The general purpose of these procedures is to ensure that both management and
employees understand their rights and obligations prior to, during and following
adoption or fostering leave.

This policy should be read in conjunction with current legislation and conditions applied
by the NHS Staff Council Terms and Conditions of Service.

3. Fostering

Fostering can be for varying lengths of time, from very short term to long term fostering
and NES will adopt a flexible approach to this. Staff should therefore discuss their
intention to foster with their line manager as soon as possible to determine the level of
support they consider appropriate to their circumstances.

For very short term fostering it would be more appropriate to consider time off under the
Special Leave Policy. For longer term fostering, the manager should consider providing


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time off under the arrangements for adoption leave/pay (outlined below), parental leave
or employment breaks.

4. Adoption

This policy covers adoption leave and pay where a child under the age of 18 is
matched and placed for adoption.

Eligibility for adoption pay is dependent upon length of service, but it will only be
available where an individual is newly matched with a child for adoption by an adoption
agency.

Request for leave to support adoption may be in two phases:          pre-adoption and
adoption.

   Pre Adoption Leave

Employees who wish to take advantage of this leave should advise their line manager
in writing as soon as they are notified by the Adoption Agency that a child is to be
placed with them for adoption and that time off may be required. The Adoption Agency
must be the one which is legally approved within the UK and proof of appointment will
be required to support requests for leave to attend court sessions, interviews and any
other meetings required as part of the adoption process. In normal circumstances a
maximum of 5 days (one working week) will be available for this purpose.

   Adoption Leave and Pay

The appropriate application form (Appendix A) and a Certificate of Adoption must be
submitted as support of any request for adoption leave. Leave should be requested as
soon after the Pre-adoption Leave as is practicable to allow managers to plan any such
leave in advance of it being taken. Leave and Pay will be calculated as follows:

Length of service       Leave               Rate of Pay
at      date     of
placement
Less     than    26     26     weeks        No right to Statutory Adoption Pay
weeks          NHS      unpaid              (SAP) but may be entitled to Adoption
continuous Service                          Allowance (Social Security Benefit)
26 weeks, but less      26       weeks      6 weeks at 9/10ths of average
than one year’s         paid                earnings and 20 weeks SAP or 90%
continuous     NHS      26       weeks      of    average      weekly    earnings
service                 unpaid              whichever is the lesser amount
One or more year’s      26       weeks      8 weeks full pay
NHS      continuous     paid                18 weeks half pay plus SAP
service                 26       weeks
                        unpaid
Adoption leave is calculated in whole weeks beginning on a Sunday and ending at
midnight on the following Sunday.

Leave can start from the date of the child’s placement or from a fixed date, which can
be up to 14 days before the expected date of placement.

On receipt of the completed application, the local HR officer will calculate the
entitlement to pay and leave using the guidance within the current terms and conditions
of the employee and forward a letter to them confirming these details.

      Return to Work

An employee who intends to return to work at the end of their adoption leave will not be
required to give any further notification to the employer, although if they wish to return
early they must give at least 28 days’ notice before the date of return. Employees
returning to work beyond the 26 week period of paid leave will only receive unpaid
leave in support of future requests associated with this adoption process.

The employee retains the right to return to work in no less favourable terms and
conditions of employment than they enjoyed prior to taking the adoption leave.

If the employee, having agreed to return to work, fails to return to work for a period of at
least 3 months following the adoption leave they will be asked to repay their
occupational adoption pay.

Employees who are unclear whether they wish to return to work following adoption
leave may defer their payment until a more informed decision can be made.

4.4     Employees who do not intend returning to work

Employees not intending to return following adoption leave will be entitled to:

Length of service at           Entitlement
date of placement
Less than 26 weeks             No entitlement to pay
NHS continuous service
26 weeks, or more              26 weeks Statutory Adoption Pay*
continuous NHS service

*As the period during which Adoption Pay is payable is regarded as service with NES,
 the date that the employee formally leaves NES will be 26 weeks after the beginning of
 the period of Adoption Leave
4.5   Annual Leave/Public Holidays

Where possible, leave should be taken before the start of adoption leave. Employees
will accrue annual leave while on both the paid and unpaid elements of adoption leave
in accordance with nationally agreed terms and conditions. There will be no entitlement
to public holidays during adoption leave and no entitlement to payment or time off in
lieu for public holidays falling during a period of adoption leave.

The employee’s local HR Officer will calculate and discuss the employee’s holiday
entitlement with the employee.

4.6 Superannuation

Whilst on adoption leave superannuation contributions are based on the pensionable
pay an employee receives during the period of paid adoption leave.

If unpaid adoption leave is taken, the employee may elect to continue to contribute to
the superannuation scheme and contributions are based on the pensionable pay
received immediately before the period of unpaid adoption leave. This may be raised
with the local HR Officer, who should ensure that this information is detailed on the
notification of change form. It should be noted that this may be paid on return to work.

Employees may opt out of the pension scheme whilst on adoption leave. No additional
contributions are made and there is a break in superannuable service. This means that
an employee will not accrue any service and will not be covered for the scheme
benefits such as life insurance for this period. On returning to work the scheme may be
rejoined. By opting out, the final pension is based on completed service less the period
of unpaid contributions.

4.7 Incremental Date

Any absence under this policy will count towards the normal increment and will not
defer the normal incremental date.

4.8 Contractual rights

The employee will retain all contractual rights except remuneration during any period of
adoption leave.

4.9 Fixed term contracts

An employee on a fixed term contract, satisfying the conditions for paid entitlement to
leave, and whose contract expires between 11 weeks before and 6 weeks after the
date of adoption, will have their contracts extended to enable them to receive 26 weeks
paid leave. If the right to return to work cannot be exercised because of the termination
of the contract, pay cannot be reclaimed.
Ratified by the NES Board on 18 July 2006
                                                                             APPENDIX 1

            Notification of adoption/fostering absence and/or application for
                               adoption/fostering leave pay

  To be completed by Employee:


Name

Address

Staff Pay No

Job Title

Place of Work

Start date and length of service
Type of contract (eg permanent,
fixed-term etc)

Expected Date of Adoption/Fostering

Date Adoption Leave to Commence

Date Adoption Leave to End

     To be completed by Employee who intends/may intend to return to work
I am aware that my application for Adoption/Foster leave will be considered in
accordance with the conditions of service, which have been explained to me. I enclose
a copy of the Certificate of Adoption/Fostering and declare that I shall return to work for
an NHS employer for at least a period of 3 months:
                                                          (Please tick appropriate box)
No later than 26 weeks from the start of my period of
adoption/fostering
No later than 52 weeks from the start of my period of
adoption/fostering
I am uncertain at this time as to whether I will return
to work.

I understand that if I do not return to work for a period of at least 3 months, I am to
repay any payments made to me as set out in the Conditions of Service.

Signed…………………………………………………. Date…………………………………..
                                                                         Cont/d……..

      To be completed by Employee who does not intend to return to work

I intend to resign and my last working day will be ………………………….
I have read and understood the Terms and Conditions set out and enclose a copy of
my Certificate of Adoption

Signed…………………………………………………. Date…………………………………..


                          To be completed by Line Manager
I am aware that the applicant intends to return to work following a period of
adoption/foster leave:
                                                       (Please tick appropriate box)
No later than 26 weeks from the start of the
adoption/foster leave
No later than 52 weeks from the start of the period of
adoption/foster leave
OR
I am aware the applicant does not intend to return to
work
The applicant is not sure whether they will return to
work

                    I acknowledge receipt of the application form

Signed…………………………………………………. Date…………………………………..


                          To be completed by Local HR Officer
                                                       (Please tick appropriate box)
The applicant intends to return to work/may return to
work following the adoption/foster leave and is
entitled to leave as detailed in the enclosed copy
letter
The applicant intends to resign following the adoption
and is entitled to pay as detailed in the enclosed
copy letter


Signed…………………………………………………. Date…………………………………..