Adoption/Surrogacy Leave

Advice and Assistance on Parenting Leaves

More detail can be found in our Maternity Leave policy

In the UK, the surrogate is considered the legal parent at birth, but legal parenthood can be transferred by parental order or adoption. Therefore, our adoption leave policy applies to surrogacy as well as adoption. You can find out more about surrogacy here.

Process

  • Member of staff notifies manager and HR of their intention to take leave giving the required information and matching certificate or parental order
  • HR writes out to employee to confirm adoption leave start and end date and confirms adoption pay that the employee is eligible for.
  • HR will notify the payroll and pensions team of the individual’s leave 
  • The line manager discusses a keeping in touch plan with member of staff going on leave. Also note that teaching staff have the opportunity to discuss timetabling restrictions with their line managers to allow flexibility where possible to fit in with childcare arrangements - this should be requested through the flexible working policy.
  • Employee commences adoption/surrogacy leave 

Frequently Asked Questions 

Am I entitled to adoption/surrogacy leave?
  • Adoption leave is a single continuous period and is made up of 26 weeks’ ordinary adoption leave and 26 weeks’ additional adoption leave.
  • This means that you can take up to 52 weeks of adoption leave, as long as you meet qualifying criteria.

To qualify for adoption leave under the occupational scheme, you must:

  • be newly matched with a child for adoption by an approved adoption agency. (Adoption leave and pay is not available in circumstances where a child is not newly matched for adoption, for example where a stepparent is adopting a partner’s children or adoption by existing foster carers).
  • have worked continuously for the university for 12 months prior to the expected date of placement
Will my leave be paid?

If you have been continuously employed by the University for the 12 months leading up to your placement date, you will be entitled to benefit from the University’s Occupational Adoption Scheme:

  • 12 weeks’ leave on full pay (against which Statutory Adoption Payments are offset) 
  • 14 weeks’ leave on half-pay (plus Statutory Adoption Pay) at the appropriate rate, except to the extent that the combined amounts exceed full pay), and 
  • 13 weeks’ Statutory Adoption Pay at the appropriate rate
  • up to 13 weeks’ unpaid leave

If you have been employed by the University for less than the twelve months leading up to your placement date, and have been continuously employed by your employer for at least 26 weeks by the week you were matched with a child

  • you may be entitled to Statutory Adoption Pay, which is paid for 39 weeks.
  • Statutory Adoption Pay includes:
    • 6 weeks at 90% of your average weekly earnings
    • 33 weeks at the Statutory Adoption Pay flat rate. Details of the current rate can be found at https://www.gov.uk/adoption-pay-leave/eligibility 
    • You are able take an additional 13 weeks of unpaid leave
What should I do first?
  • Within seven days of being notified by the adoption agency that you have been matched with a child for adoption, you should notify your line manager of this. It is understandable that there will be circumstances where this is not reasonably practicable.
  • You can also arrange to meet with your HR Business Partner to discuss your entitlement and when your leave might start. You will need to take your ‘matching certificate’ from the adoption agency as evidence of your entitlement to adoption leave and pay.
  • If you have not given birth or are not the primary adopter, you must confirm that you are either the co-parent, the spouse, the civil partner, or partner of the individual who gave birth or the primary adopter. You can start your adoption either on the date of placement, or from a fixed date that can be up to 14 days before the expected date of placement.
  • You will need to notify your line manager and HR of the date that you would like your leave to start at least 28 days in advance.

Please note: One of the conditions of the Occupational Adoption Leave scheme is that you will return to work for at least six months following your leave.

You must also provide the University with a signed declaration from your partner confirming:  

  • their name, address and national insurance number (or a declaration that they do not have a national insurance number)
  • that they have given birth to or are the primary adopter of the child; or they are the co-parent of the child, or are your spouse, civil partner or partner
  • that they satisfy the ‘employment and earnings test’
  • that, with you, they had the main responsibility for the child at the date of the child’s birth or placement for adoption
  • that they consent to the amount of SPL that you intend to take
  • that they consent to the University processing the information contained in the declaration form;
  • where your partner is the individual who gave birth or is the primary adopter, that they will immediately inform you should they cease to satisfy the eligibility conditions.
Can I attend appointments related to the adoption/surrogacy?
  • The main adopter will be able to take paid time off for up to five adoption appointments.
  • The secondary adopter will be entitled to take unpaid time off for up to two appointments.
What happens with my annual leave entitlement?
  • While on adoption leave, you continue to accrue your annual leave entitlement.
  • You can add holiday to the beginning or end of your adoption leave. We encourage staff to take their annual leave in the correct leave year.
  • You will be able to discuss the best options regarding how to incorporate annual leave with your HR Business Partner.
     

Queries about adoption leave?

Contact your HR Business Partner.