Adoption leave checklist

This checklist should be used as a guide to ensure that all aspects of an employee's adoption leave have been addressed.

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When your employee tells you of his or her intention to adopt

  1. Check that you have received notification of the impending adoption within seven days of the parent being matched with a child or as soon as is reasonably practicable. Notification should include the date when the child is expected to be placed with the employee and the date when the employee wants their adoption leave to start.
  2. Ensure that you have received a matching certificate from the adoption agency. A matching certificate is documentary evidence of your employee's right to adoption leave.  Employees can ask their adoption agency for a matching certificate, which will also include basic information on matching and expected placement dates.
  3. If the employee is on a fixed-term contract or at risk of redundancy, it is important to be aware that under the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, employees who have taken a period of adoption leave are entitled to enhanced protection from redundancy for 18 months after the placement of the child during any period in which they are considered to be at risk of redundancy (typically the final 3 months of the contract when they are considered to be a priority candidate). This means that they should be given priority consideration for redeployment opportunities. Whilst every effort should be made to support redeployment, there is no a guarantee that suitable redeployment will be found: suitable alternative employment (ie where the postholder meets at least the minimum essential selection criteria for the role) may not arise during the relevant period of time. Before beginning a redundancy or end of fixed-term contract procedure, this must be discussed with an HR Business Partner.

Within 28 days of being notified of impending adoption

  1. Check that you have issued a copy of the Adoption Leave Plan. Completing the adoption plan is not a legal requirement in order for an employee to be able to claim adoption leave and pay, but it will give you all the information which you will need to manage the leave, such as when the child is going to be placed, and when adoption leave will start. If you can go through the form with your employee, it will help to ensure that your employee understands their entitlements and obligations.
  2. Ensure that you have kept a copy of the Adoption Leave Plan for your records and that you have given the employee a copy.
  3. Check that you have acknowledged receipt of this information (see sample letter).
  4. Explain the time scales for notification and direct your employee to the information on adoption leave on the University HR website.
  5. Check that you have completed and sent the payroll notification form to payroll so that they can calculate pay and leave entitlements.
  6. Discuss the employees wishes regarding arrangements for keeping contact during the maternity leave.
  7. Discuss the option of KIT days, what these might entail and how payment for these will be arranged.

1. Keep in contact with the employee about any changes in the workplace or regarding their employment, as previously agreed with them.

2. If KIT days are worked, ensure that the employee is notified well in advance of these and that payment is made, as appropriate.

3. If the employee contacts you to request a change to a return to work date, ensure that you have been given 8 weeks' notice of the new date and confirm the new date in writing within 28 days of the notification.

1. Consider a return to work plan, it can be difficult for an employee to return to work after a long break

2. Give serious consideration to any request for flexible working.