Adoptive leave was introduced into legislation under the Adoptive Leave Act 1995. Similar to maternity leave, the purpose of adoptive leave is to allow employees to take time off work to bond with the child. The act applies to the adoptive mother of the child, a sole male adopter, same-sex couples where one parent will take the leave, and in cases when the mother dies during the leave the father can then take the remainder of the leave. An employee is entitled to a minimum of 24 consecutive weeks' leave, which will begin on the date of placement of the child. The employee can also take additional adoptive leave which is generally unpaid for an excess of 16 weeks. This must start immediately after the adoptive leave has ended, no breaks in service must happen i.e. holidays. In the case of foreign adoption, the 16-week additional leave may be taken partly or in full before the adoptive leave starts. This is generally because the parent(s) will have to travel to a different country and in most cases take part in some sort of cultural experiences, to teach their child about where they came from in the future. The employee, similar to maternity leave, will be entitled to any pre-adoption meetings or classes that they are obliged to attend. However, they must provide 2 weeks’ notice in writing. An employee must give reasonable notice in writing to the employer of their intention to take adoptive leave and the expected date of placement. The minimum requirement for notice is 4 weeks before the expected date of confinement. For additional adoptive leave, an employee must give 4 weeks’ written notice. Certificate of placement must be provided to the employer no later than four weeks after the date of placement. Employers are not obliged to pay a top-up for adoptive leave, but it is recommended if you pay maternity top up then you should also pay the adoptive employee the same. Employees are entitled to any other benefits that they would have normally gotten had they being in the workplace for that time, this includes full annual leave and public holiday entitlement. As with maternity leave, the adoptive parent is protected from all aspects of returning to work, in that so that they return to the same post which is not less favourable to the employee. It is not permitted to terminate an employee on this leave as it will automatically be an unfair dismissal. Remedies: The Courts may award up to 20 weeks compensation for disputes under the adoptive leave act. If employment has been terminated unfairly as a result of Adoptive leave, compensation may be made of up to two years’ remuneration or reinstatement or even reengagement. Disputes under Employment Equality, however, can result in a maximum pay of 4 years remuneration. If you have any questions in relation to adoptive leave, please contact our expert employment law advisors on the 24 Hour Advice Service on 0818 923 923
