In particular, your policy should state that shared parental leave is available to employees having a child placed for adoption with them (or, in the case of an adoption from overseas, having a child they are adopting enter Great Britain) on or after 5 April 2015.

If either of you earns less than £120 a week, you can share SPL but not ShPP. For example, the adopter must have at least 26 weeks’ continuous employment by the end of the week in which he or she is notified of having been matched for adoption with the child (or by the end of the week in which he/she receives official notification in relation to an adoption from overseas). We use this information to make the website work as well as possible and improve government services. shared parental leave policy to cover birth situations, their rules on shared parental leave in adoption situations, Model shared parental leave policy (adoption): the right of adopters to shared parental leave, Model shared parental leave policy (adoption): definitions under your shared parental leave policy. The three types of notice are similar to the notices that birth parents must provide. SPLASH will provide more information about notice in a future post. Remember that the first 6 weeks of SMP and SAP are higher than ShPP, so it usually won’t make sense to lose those weeks. Employee Relations One of the couple can therefore take adoption leave and the other paternity leave, provided they meet all the conditions. Explain the right of adopters to shared parental leave. For adoptions within in the UK, adopters are first “matched for adoption” with a child and the child is then “placed for adoption”. If both are working, the period in which SPL can be taken is reduced by the weeks worked, because SPL has to be taken in the first year. And finally a “period of leave notice” from the employee, setting out the start and finish dates of each period of shared parental leave that the employee is requesting.

HR (General) The other partner can, if they are also employed, take paternity leave (2 weeks taken within 56 days of the placement of the child with your family).

This gives couples who both qualify for SPL the option to share leave after the first two weeks, in the same way as other parents. The Shared Parental Leave Regulations 2014 were published on 18th November 2014.

Self-employed dads and partners still have no rights to paid time off – but do check what it means to be an ‘employed earner’ for Statutory Shared Parental Pay (see below). We set out eight steps for HR professionals to follow when setting out their rules on shared parental leave in adoption situations. An employer must accept a booking notice for continuous leave. Shared Parental Leave and Pay also apply to this group of parents, again if they meet the conditions. This may be useful so that you share time with your new child, your partner will be earning and you will (if you meet the conditions) get ShPP. An agency worker could get ShPP if they meet the conditions, had worked for the agency for a sufficient length of time and had a partner who met the employment and earnings conditions.

HR Director In addition, for both statutory adoption and statutory paternity pay, you need to have average earnings of at least £112 a week. Features list 2020 Learning & Development The wording of an employer’s policy on shared parental leave for adoptive parents is further complicated by the distinction between the adoption of children from within the UK and adoptions from overseas. AND the mother/adopter must be entitled to Statutory Maternity Pay (SMP), Maternity Allowance (MA) or Statutory Adoption Pay (SAP), which they end early to create some ShPP. Being a partner in this situation is the same as for a birth child, ie, someone who is: New rights, also starting on 5 April 2015, give a parent having a child via a surrogate mother the right to adoption leave if they are employed. An agency worker entitled to SMP but not leave could create a pot of SPL/ShPP for their partner if the partner is employed and meets the conditions. Change Management You must also continue to be an employed earner, with the same employer, until the first period for which you are paid ShPP. Firstly, a “adoption leave curtailment notice” from the adopter setting out when he or she proposes to end adoption leave. HR Shared Services Working Families provide more guidance on employment status on our website, but you may need to seek advice. However, as the shared parental leave policy should explain, the employer can propose an alternative pattern of leave or even refuse the pattern of leave requested (but the employee must then be given the opportunity to take the leave as one continuous period of leave). M remains employed in the week before any SPL is due to start; M has shortened her maternity leave by returning to work or providing a notice to curtail the leave. Do you want to take some time off together? All content is available under the Open Government Licence v3.0, except where otherwise stated, National restrictions in England from 5 November, Check if you can get leave or pay when you have a child, Holidays, time off, sick leave, maternity and paternity leave, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, meet the work and earnings criteria - these are different depending on which one of you wants to use the shared parental leave and pay, have been employed continuously by the same employer for at least 26 weeks by the end of the week you were matched with the child, stay with the same employer while you take, each earn on average at least £120 a week, have stayed with the same employer while they take, earn on average at least £120 each a week, have been working for at least 26 weeks (they do not need to be in a row) during the 66 weeks before the week the child was placed with you, have earned at least £390 in total in 13 of the 66 weeks (add up the highest paying weeks, they do not need to be in a row). If you wish to break up your leave, it is advisable to talk to your employer about this as soon as possible. The policy can also set out how shared parental leave can be taken – for example, that the leave must be taken in blocks of at least one week.

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