My HR Knowledge Bank
Welcome to My HR Knowledge Bank. You will find frequently asked questions on all current HR Policies and procedures, links to all policies, useful forms, guidelines and toolkits.
ADOPTION AND SURROGACY |
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Am I entitled to paid time off to attend appointments in connection with my adoption of a child?
You are not entitled to paid time off but you should discuss this with your line manager and you may be able to arrange to take leave or flexi as applicable.
Are there arrangements in place for keeping in touch whilst on adoption or surrogacy leave?
Yes, the same entitlement to 'Keeping in Touch Days' (KIT) is available as outlined in the Maternity Leave Policy.
You can work up to 10 KIT days during adoption or surrogacy leave but you should discuss this with your manager before going on leave. You will receive payment for the number of hours worked.
The Council's Maternity Leave Policy can be accessed here.
How is pension affected whilst on adoption or surrogacy leave?
Under the Local Government Pension Scheme Regulations 1995, pension contributions are payable for the first 39 weeks on the remuneration and Statutory Adoption Pay received during the period of the paid adoption or surrogacy absence.
If you have a period of unpaid leave, it is up to you to determine whether you wish to pay pension contributions on the unpaid adoption or surrogacy leave period.
Outstanding pension contributions can be deducted from your pay when you return to work, further information about this is available from the Pensions Section on 01443 680611, email pensions@rhondda-cynon-taf.gov.uk or visit the website at www.rctpensions.org.uk.
How will annual leave entitlement be affected whilst on adoption or surrogacy leave?
The adoption and surrogacy framework reflects the maternity scheme. You will be entitled to all of your terms and conditions, apart from remuneration, as though you are at work. You will therefore be able to accrue annual leave and bank holidays during this period.
If you are on adoption or surrogacy leave during a bank holiday, you will be entitled to normal pay for that day. However, you will not receive an extra day's leave.
Is a step parent who is adopting their partner's child entitled to adoption leave?
There is no entitlement to adoption leave in these circumstances as it does not involve the new placement of a child.
Is there any entitlement to leave when becoming a parent via a surrogate mother?
There are no statutory rights to time off for parents who are seeking to have a baby via a surrogate mother; however, the Adoption, Surrogacy Leave Policy affords you the same rights as adoptive parents.
In order to be eligible you must have worked for the Council continuously for 26 weeks by the end of the 15th week before the expected birth of the child.
If, as a couple, you both work for the Council and adopt jointly, only one of you will be entitled to surrogacy/adoption leave. The other partner may be entitled to paternity leave and maternity support leave subject to meeting the eligibility criteria under the Ordinary and Additional Paternity Leave Policy and the Maternity Support Leave Policy.
All three Council policies mentioned can be accessed here.
What entitlement is available for the woman who is acting as a surrogate mother for another person or couple?
The same allowances will apply as those set out in the Maternity Leave Policy.
The Council's Maternity Leave Policy can be accessed here.
What entitlement is there for someone who is adopting a child they have been fostering?
There is no entitlement to adoption leave in these circumstances as it does not involve the new placement of a child.
What information should an employee provide their manager about the adoption/surrogacy process?
For formal adoptions, you must inform your manager of your intention to take adoption leave within 7 days of being notified by your Adoption Agency that you have been matched with a child for adoption, unless it is not reasonably practicable.
Your manager will need to know when the child is expected to be placed with you; and when you want your adoption leave to start.
You can change your mind about the date on which you want your leave to start providing you tell your employer at least 28 days in advance (unless this is not reasonably practicable e.g. if the notification by the Adoption Agency to the adopting couple is less than 28 days).
In addition, a copy of your Matching Certificate or any other appropriate documents relating to your adoption leave period must be provided to confirm that you have been matched with a child, the expected date of placement and when your leave is likely to start. This is needed as evidence of your entitlement to Statutory Adoption Pay (SAP).
If you are entering into a surrogacy arrangement you must inform your manager of your intention to take surrogacy leave at least 28 days before you wish to take your leave.
You will need to provide your manager with documentary evidence to show that a surrogacy arrangement is in place, this could be confirmation from a medical practitioner, or a copy of a legal agreement.
What is adoption leave entitlement?
If you are becoming an adoptive parent of a child newly placed for adoption or adopting a child from overseas, and have worked continuously for the Council for 26 weeks leading into the week in which you are notified by the adoption agency of being matched with a child, you will be entitled to adoption leave in accordance with the Adoption/Surrogacy Leave Policy.
If, as a couple, you both work for this Council and adopt jointly, you must decide which of you will take adoption leave. The other partner will be entitled to Maternity Support Leave and Paternity Leave subject to meeting the eligibility criteria under the Ordinary and Additional Paternity Leave and Maternity Support Leave policy.
All three Council policies mentioned can be found here.