Docstoc

Adoption

Document Sample
Adoption Powered By Docstoc
					  Adoption

    Employee
Information Pack
  Support Staff




      Human Resources – Schools Team




                                       February 2006
  SECTION 1

ADOPTION LEAVE
   AND PAY




                 February 2006
                                Adoption Leave and Pay

Who qualifies for adoption leave?

All eligible employees are entitled to adoption leave, regardless of length of service or hours
worked. The only restriction is that if both adoptive parents work for the council, only one can
take this leave. The other may wish to take “Paternity Leave – adoption”.

To be eligible an employee must:

   be the child’s adopter;
   have notified the adoption agency that they agree the child should be placed with them
    for adoption.

What is the adoption leave entitlement?

Provided that notification procedures are complied with, all employees are entitled to 26
weeks ordinary adoption leave, regardless of how long they have worked for the council.

If the employee has completed 26 weeks continuous local government service at the week in
which they are notified of being matched with a child for adoption they will be able to take
additional adoption leave. Additional adoption leave will start immediately after ordinary
adoption leave and will continue for a further 26 weeks (i.e. they will be entitled to 52 weeks
in total).

How do adoption payments apply?

Adoption pay can consist of occupational adoption pay and/or statutory adoption pay (SAP).
Please note an employee has to have 26 weeks service with NCC at the week the employee
was notified of a match with a child for the purposes of adoption to receive statutory adoption
pay. They also need to have earnings above the lower earnings limit for national insurance
contributions.
Adoption pay varies depending upon an employee’s length of service.


Less than one years continuous local government service.


Employees who have more than 26 weeks continuous local government service may be
entitled to:
            -     6 weeks at 9/10ths of a weeks pay (offset against payments made by way
                  of SAP); and
            -     20 weeks at the statutory adoption pay rate (or 9/10ths of a weeks pay if
                  this is less.
To qualify for statutory adoption pay the employee will need to meet relevant criteria based
on service and earnings.




                                                                                     February 2006
More than 1 years continuous local government service.
Employees who have more than 1 year’s continuous local government service may be
entitled to:
   weeks 1-6
          -      occupational adoption pay of 9/10ths of a weeks pay (offset against
                 payments made by way of SAP);.
   weeks 7-18
          -      if the employee has indicated they do not intend to return, payment will be
                 SAP entitlement;
          -      if the employee has confirmed that they intend to return to work they may
                 receive SAP plus occupational adoption pay which is equal to half pay;
   weeks 19-26
          -     SAP entitlement only
   additional 26 weeks is unpaid

To qualify for statutory adoption pay the employee will need to meet relevant criteria based
on service and earnings and provide 28 days notice of the date they expect any payments of
SAP to start. Adopters who have average weekly earnings below the lower earnings limit for
national insurance contributions will not qualify for SAP and should contact their local
Jobcentre Plus office or Social Security office for assistance. They may also wish to talk to
their adoption agency.

An employee cannot receive more than full pay, therefore if they receive occupational
adoption pay plus SAP, this will be scaled down if it amounts to more than full pay.

An employee who receives occupational adoption pay but does not return to the school from
which they have taken adoption leave for at least 3 months has to repay some or all of the
amount received. The School can agree to waive repayment in exceptional circumstances
and any requests for waiver should be referred to the Head Teacher of your School.

What does an employee need to do to request adoption leave?

No more than 7 days after the date the employee is notified of being matched or as soon as
reasonably practicable, the employee must give written notice of the following:

   the date the child is expected to be placed with them; and
   the date they want their adoption leave to start.

The employee will also need to provide a “matching certificate” from their adoption agency
which will include information on matching and expected placement date. This is needed for
SAP purposes.

A Notification of Adoption Leave form and matching certificate is available for employees
who wish to request adoption leave in this pack.




                                                                                   February 2006
When can an employee start adoption leave?

The employee can choose to start their adoption leave on:
 the date the child is placed; or
 from a fixed date which can be up to 14 days before the expected date of placement.

What if the employee wishes to change the start date?

Employees will be able to change their mind about the date on which they want their
adoption leave to start providing they give 28 days notice in advance.

How are payroll notified of adoption leave?


Head Teachers need to forward a copy of the notification of adoption leave form and
matching certificate to their designated Human Resources Assistant who will notify payroll so
that the employee’s entitlement to SAP can be calculated.

In addition, Head Teachers need to ensure that the adoption leave is recorded on the
Monthly Absence & Sickness return to payroll.


How does the designated Human Resources Assistant confirm the adoption leave?

Designated Human Resources Assistants need to respond to the employees notification of
adoption leave within 28 days. The employee should be sent a letter setting out the date on
which they will be expected to return to work if the full adoption leave is taken.

What happens if the placement ends during adoption leave?

If the child’s placement ends during the adoption leave period, the employee will be able to
continue adoption leave for up to eight weeks after the end of the placement.

What about returning to work?

If the employee is entitled to ordinary adoption leave, their date of return will be dependent
on the number of weeks adoption leave they are entitled to.

If the employee is entitled to additional adoption leave, their date of return will be 52 weeks
after adoption leave begins.

The employee must provide notice if they wish to return early:

   at least 21 days before, if returning early from ordinary adoption leave; or
   at least 28 days before, if returning early from additional adoption leave.

An employee returning from ordinary adoption leave will be entitled to return to the job in
which they were employed before the leave began. If the employee is returning from



                                                                                      February 2006
additional adoption leave they will be entitled to return to the same job or, if that is not
reasonably practicable, to another suitable job.


   Flexible working
    You may be eligible to apply to work flexibly within the school. This could include a request
    to change the hours that you work or change the times that you are required to work. Your
    request should be made to the Headteacher, in writing, using the form provided in the
    Flexible Working Arrangements policy, this policy is available from:

  a) the school     or b) our website
www.northamptonshire.gov.uk/learning/services/Human+Resources

Click on the HR Policies for Schools link on the right hand side and click on both the Flexible
Working Application Form and the Flexible Working Arrangements policy to download and
print them off.

    b) or by contacting the Human Resources Schools Team, a named
       contact is given in your letter accompanying this pack

There is not an automatic entitlement to work flexibly.

What happens with annual leave?

Annual leave accrued up to the commencement of adoption leave should be taken before
adoption leave starts. The employee will continue to accrue annual leave whilst on ordinary
adoption leave.

On return, any remaining annual leave should be taken before the end of the leave year. If
this is not practical due to the timing of the return, it should be taken within the first two
months of the next leave year, outside of term time and by agreement with the Head
Teacher.

What happens to pension contributions during adoption leave?

If the employee is a member of the Local Government Pension Scheme, they will continue to
pay contributions during the first 26 weeks leave, whether this is half pay or statutory
adoption pay, unless they choose to opt out. These contributions will be based on the pay
they actually receive, but will allow service to be treated as if they were normally working.
After the 26 weeks they may freeze their contributions or continue to pay them. If they decide
to freeze them, their pension rights will be halted until they return to work. More details are
available from the county council Pensions Section.

If the employee is a member of the Teachers’ Pension Scheme, they should contact
Teachers’ Pensions who will be able to advise them on continuation of contributions during
this period.




                                                                                         February 2006
Terms and conditions on return from adoption leave

Additional adoption leave does not count for the purposes of accruing service for contractual
benefits for example an employee could not count the 6 month additional adoption leave
period towards the 5 years service required for the extra annual leave under the “Green
Book”.




                                                                                   February 2006
                               Notification of Adoption Leave
Please send this form to your Head Teacher with your matching certificate.

Personal information

Surname………………………………………Full Forenames……………………………………………

Home address:…………………………..…………………………….………………………………………..

                ………………………………………………….......…..… Postcode…………………………

Start date with NCC………………………..…….                       NI Number.…………………….…………………

School
Name……………………………………………………………………………….…………………..………

Pay reference………./……………………………..

Expected date of placement ……./………./……

Date of commencement of adoption leave …./………../……….

Adoption leave period (please tick as appropriate)

I confirm that I wish to receive adoption leave and pay and not paternity
leave and pay.

I do not have 26 weeks continuous local government service at the week
notified of adoption match and I intend to take ……… weeks ordinary
adoption leave.

The child is:   a) Pre-school
                b) Child with severe disability/behavioural problems
                c) Child of school age
OR
I do have 26 weeks continuous local government service at the week notified
of adoption match and I intend to take 26 weeks ordinary adoption leave
and 26 weeks additional adoption leave.

Adoption pay information (please tick as appropriate)
I can confirm that I will be returning to work for at least 3 months and
understand that if I do not I will have to repay the 7 week period of half pay entitlement.

OR

I am unsure whether I will be returning to work and understand that I will not receive
occupational adoption leave until I return or confirm my intention to return.



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


                                                                                              February 2006
                                   Matching Certificate:
                              Statutory Adoption Leave and Pay

This certificate when completed by the appropriate adoption agency, may be used as
evidence for the purposes of Statutory Adoption Leave and Pay. It confirms that the
named person(s) has been matched with a child for adoption.

Section A Name and address of adoptive parent(s):

……………………………………………………….…………………………………………………..

……………………………………………………………………………………………………………

……………………………………………………….…………………………………………………..

……………………………………………………….…………………………………………………..

I confirm that the person(s) named above has been matched by this agency with a child for
adoption and,

they were notified of this on:                                   ………./………./……….

It is expected that the child will be placed
with them on:                                                    ………./………./……….

The child has already been placed with them,
this occurred on:                                                ………./………./……….

Section B Agency name and address

…………………………………………………………………………………………….……………..

……………………………………………………….…………………………………………………..

………………………………………………………………….………………………………………..

Agency stamp




This is an adoption agency within the meaning of the Adoption Act 1976 or the Adoption
(Scotland) Act 1978.

Name:………………………………………………Title:…………………………………….

Signature:…………………………………………..Date:……………………………………



                                                                                 February 2006
     SECTION 2



PATERNITY LEAVE AND
        PAY

     ADOPTION




                 February 2006
                       Paternity Leave and Pay for Adoption

What is paternity leave?

Paternity leave gives eligible employees up to two weeks paid leave to care for the child or
support the child’s adopter.

Who is eligible?

To qualify for paternity leave the employee must:

   be the adopter’s spouse or partner; and
   expect to have responsibility for the upbringing of the child.
   26 weeks continuous local government service by the end of the notification week (the
    week the adopter is notified as being matched with a child).

Who qualifies as a partner?

A partner is someone who lives with the adopter in an enduring family relationship but is not
an immediate relative.

How much paternity leave can be taken?

The employee can choose to take 1 week’s leave or 2 consecutive weeks leave (not odd
days) and must complete the leave within 56 days of the child being placed.

When can paternity leave start?

The employee can choose to start paternity leave on:

   the date the child is placed with the adopter;
   a certain number of days after the child is placed; or
   on a predetermined date later than the date the child is expected to be placed.

How much notice of leave needs to be given?

The employee needs to confirm their intention to take paternity leave within seven days of
the adopter being notified by their adoption agency that they have been matched with a
child, unless this is not reasonably practicable. They will need to confirm the following:

   the date the adopter was notified as being matched with the child;
   the date the child is expected to be placed;
   the length of leave they wish to take;
   the date on which they want their leave to begin; and
   that they meet the eligibility conditions.



                                                                                      February 2006
What if the employee wishes to change their start date?

The employee can change their mind about the date that they wish paternity leave to start
providing they give 28 days notice in advance (unless this is not reasonably practicable).

What is Statutory Paternity Pay?

Employees taking paternity leave do not receive normal pay but may be entitled to receive
statutory paternity pay (SPP). Employees need to provide 28 days notice of the date they
expect any payments of SPP to start, unless this is not reasonably practicable. The current
rate of SPP is payable at the current rate or at 90% of average earnings if this is less. To
find out the current rate of SPP contact your designated Human Resources Assistant.

To qualify for SPP the employee must have:

   worked continuously for the council

    -   for the 26 weeks ending with the 15th week before the EWC;
    -   from the 15th week before the EWC up to the date of birth

   average earnings at or above the lower earnings limit for national insurance purposes

Employees who do not qualify for SPP will be issued with form SPP1. They may be entitled
to other government help and should contact their local Jobcentre Plus office or Social
Security office. They may also wish to talk to their adoption agency.

How are payroll notified of paternity leave?

Head Teachers need to forward a copy of the notification of paternity leave form to the
designated personnel assistant who will notify payroll so that the employee’s entitlement to
SPP can be calculated.

In addition, Head Teachers need to ensure that the paternity leave is recorded on the
Monthly Absence & Sickness return to payroll.

What about returning to work following paternity leave?

Employees are entitled to return to the same job following paternity leave.




                                                                                    February 2006
                       Notification of Paternity Leave for Adoption
    (Please send this form to Human Resources – Schools Team via your Head Teacher)
Personal Information

Surname ……………………..………..……Full Forename(s) ……………………………….……………..

Home Address ….……………………..…………………….………………………………………………….

                   …………………………………………….……………………………………………………

School Name …………………………………………………………………………………………………..

Start date with NCC ………………………….……………… NI Number ………………………………….

Pay Reference …………../…………………………...
Your dates for paternity leave
The adoption agency informed you that the adopter
had been matched with the Child on:                                       ………../………./……….

The child is expected to be placed on:                                     ………../………./………..
OR
If the child has been placed, please enter the date they were placed:     ………./………./………..

I would like my SPP and/or paternity leave to start on:                   ………/………../…………

I have checked my entitlement and will be taking one / two* weeks leave
                                                            ( * delete as appropriate )
Your Declaration

You must tick this box if you are adopting the child with your partner.
I declare that I am adopting a child with my partner and I want to
receive paternity leave and pay and not adoption leave and pay.

You must be able to tick all three boxes below to get Statutory Paternity Pay
And paternity leave.

I declare that :                                            (please indicate with a)

       I am married to the person adopting the child; or living with the person
        adopting the child in an enduring family relationship,
        but am not an immediate relative.
       I have responsibility for the child’s upbringing.
       I will take time off work to support the person adopting the
        child or care for the child.

    Signature ………………………                 Date ……………………………………….
School Authorisation
I confirm that I have agreed the dates for Paternity Leave (Adoption) as detailed
Above.

Head Teacher’s Signature ………………………………………                                Date ………………………

Print Name ……………………………………….

Please send the original of this document to: Human Resources – Schools Team, PO Box 179, John
Dryden House, 8-10 The Lakes, Northampton, NN4 7DA.




                                                                                          February 2006

				
DOCUMENT INFO