After adoption leave

Rights on return to work

An employee who returns to work after adoption leave is entitled to return to the same job on the same terms and conditions as if s/he had not been absent, unless a redundancy situation has arisen.

In addition, if there is a reason other than redundancy which means that it is not reasonably practicable for the University to take him/her back to the same job, s/he is entitled to be offered suitable alternative work, if this can be identified.

Employees who have children aged under 17 (or disabled children under 18) have the right to request flexible working and the employing department has a duty to seriously consider that request. If an employee wishes to work a flexible working pattern on a temporary basis to ease his/her return to work, s/he should discuss this with his/her department as soon as possible.

Employees returning from adoption leave also have a separate entitlement to parental leave which is a period of unpaid leave.

See also Additional Paternity Leave.

Changing hours of work

Temporary changes: If an employee requests a temporary return to part time work at the end of adoption leave, the University will, subject to operational needs, consider allowing employees the opportunity to return to full time work on a phased basis.

If an employee would like to return to work gradually at less than his/her normal full-time hours, s/he should discuss this possibility with the department before s/he begins his/her adoption leave. This will allow departments time to arrange cover. Departments are asked to consider such requests favourably where at all possible, but any arrangement will depend on the operational needs of the department.

It is important to note that this flexibility of return does not allow employees to choose from week to week what hours they would like to work. The intention is for employees and departments to agree a regular timetable of hours to help an employee to return to full time work as smoothly as possible. Any arrangements must be agreed with the Head of Department so that they fit into the operational requirements of the department and/or group with whom the employee works. For the period of part time work, employees will be paid at the appropriate pro rata rate. This will have implications for pensions contributions which they may wish to discuss with the Pensions Office.

Permanent changes:  Following adoption leave, an employee's legal right is to return to the job which s/he held prior to the period of adoption leave. If an employee decides that s/he would like to return to his/her job permanently on a part-time basis, s/he may apply to his/her department under the University's flexible working procedures (for further details and an application form). The department should seriously consider the possibility of a return on a different basis, which might include shorter hours working or working fewer weeks of the year, but agreement to this type of request is dependent upon the operational requirements of the department. For any period worked part-time, pay and pensions contributions will be adjusted on a pro rata basis.

Sickness during adoption leave

The university follows the same rules as are applied to statutory payments and sick pay cannot be claimed at the same time as adoption pay, employees are therefore disqualified from receiving sick pay until the period of paid adoption pay has ended.

If an employee comes to the end of adoption leave and is too ill to return to work, s/he should still notify the department in the normal way that s/he wishes to return to work. If s/he remains too ill to return to work after the date on which s/he was intending to return to work, s/he must provide the department with a medical certificate and should be treated as though s/he had returned to work and was absent from work due to sickness.

Pensions

When an employee is on adoption leave, his/her normal employee contributions to his/her pension will continue to be deducted at the appropriate rate while s/he is on full pay and when s/he is on statutory adoption pay. The University will also continue to make its contributions at the appropriate rate. When the employee is on zero pay, no contributions are payable by either the employee or the University.

If, when s/he returns to work, s/he would like to make up the pensions contributions that s/he did not pay because s/he was on reduced or zero pay during adoption leave, the employee may do so, and the Pensions Office will be able to advise the employee on his/her individual situation.