Adoption leave Definition

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Adoption

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What does Adoption leave mean?

An individual's statutory right to take adoption leave in circumstances where he or she has adopted a child and fulfils the requirements of the paternity and Adoption Leave (Amendment) Regulations 2008.

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Employees and workers: checklist of rights

Employees and workers: checklist of rights For further information regarding employee status and worker status respectively, see Practice Notes: Worker status and Employee status. Description of right Legislation Employee only Employee and worker Further detail Starting employment: Provision of statement of particulars of employment and statement of changes ERA 1996, ss 1, 2, 4 Yes (until 5 April 2020) Yes (since 6 April 2020) See Practice Note: Written statements of employment particulars Part-time workers (no less favourable treatment) PTW Regs 2000, SI 2000/1551 Yes See Practice Note: Part-time workers Fixed-term employees (no less favourable treatment) FTE Regs 2002, SI 2002/2034 Yes See Practice Note: Fixed-term employees Pay, benefits and tax: Pay statements ERA 1996, s 8 Yes (in relation to wages or salary paid in respect of a pay period commencing before 6 April 2019) Yes (in relation to wages or salary paid in respect of a pay period commencing on or after 6 April 2019) See Practice Note: Pay statements and records Rights in relation to...

Key policies for an organisation—checklist

Key policies for an organisation—checklist This Checklist identifies typical key policies an organisation should consider implementing and provides links to Lexis+® UK precedents you could use or adapt. Having effective policies and procedures in place will help a business to manage risk and will also help to demonstrate compliance in areas where having a policy is a regulatory requirement. NOTE: This Checklist is not intended to be an exhaustive list of every policy an organisation should have. Additional or alternative policies may be required to suit your organisation or to meet any industry or sector-specific regulatory requirements. General human resources policies Policy Aim of this policy Lexis+® UK precedents you could use or adapt (available subject to subscription) ☐ Adoption leave policy To set out an organisation’s policy on adoption leave and pay. Policy—adoption leave ☐ Anti-harassment and bullying policy To prevent bullying and harassment of employees in the workplace and/or on company business elsewhere (including at social events). Policy—harassment and bullying ☐ Carer’s leave policy To set out...

Adoption leave

An employee intending to adopt a child under 18 may be eligible to take up to three different kinds of statutory leave:•ordinary and additional adoption leave•paternity leave (see Practice Note: Paternity leave and pay—post–6 April 2024)•shared parental leave (see Practice Note: Shared parental leave (adoption))However, one adopting parent may not take all three types of leave.This Practice Note considers statutory adoption leave under the Employment Rights Act 1996 (ERA 1996) and the Paternity and Adoption Leave Regulations 2002 (PAL Regulations 2002), SI 2002/2788. For information on statutory adoption pay (SAP), see Practice Note: Statutory adoption pay.Where both parents are adopting the child, they must elect which of them is to be the 'adopter', as defined in PAL Regulations 2002, SI 2002/2788. In order to take adoption leave, the employee must be the adopter (see: Entitlement below). In order to take paternity leave, the employee must be married to, the civil partner or the partner of the child's adopter.Accordingly, one parent may only initially take paternity leave, while the other parent...

Detriment or dismissal on grounds of adoption leave

Employees are protected against dismissal and from suffering a detriment for reasons related to ordinary adoption leave (OAL) and additional adoption leave (AAL).Protection from detrimentAn employee is entitled not to be subjected to a detriment by any act, or any deliberate failure to act, by their employer done because:•the employee took or sought to take OAL or AAL•the employer believed the employee was likely to take OAL or AAL•the employee failed to return from AAL and the employer:◦did not notify the employee of the date when AAL ended (see Practice Note: Adoption leave—Giving notice and evidential requirements) and the employee reasonably believed their AAL had not ended, or◦gave the employee less than 28 days' notice of the date on which the AAL would end, and it was not reasonably practicable for the employee to return on that dateWhether an employee has ‘sought’ to take ordinary or additional adoption leave is likely to be a factual determination to be made by the tribunal, applying the ordinary meaning of the word ‘sought’...

Discover our 95 Practice Notes on Adoption leave

Policy—carer’s leave

Policy—carer’s leave 1 Introduction 1.1 This policy sets out the approach that [insert name of organisation] (the Company) will take to the statutory right that employees have to take unpaid time off work to provide or arrange care for a dependant with a long-term care need, and the steps you should take if you need to make a request for such leave. 1.2 [This policy applies only to employees. It does not apply to agency workers, consultants[, contractors] [, volunteers] [, interns] or casual workers. OR This policy applies to all employees, officers, agency workers, consultants[, contractors] [, volunteers] [, interns] and casual workers.] 1.3 This policy has been [agreed OR implemented following consultation] with [[enter name of relevant trade union(s)] OR [enter name of works council] OR [enter name of staff association]]. 1.4 Depending on the circumstances, you may have the right to take time off under another policy. For example: 1.4.1 in an emergency situation, you may be entitled to time off to care (or arrange...

Written statement for employee shareholder shares [Archived]

Written statement for employee shareholder shares [Archived] Archived: The ability to offer tax-favoured employee shareholder shares or ESS (commonly used in private equity company arrangements) has now been removed. The government announced in the Autumn Statement 2016, the removal of the following reliefs in relation to ESS shares: • the income tax and NICs relief which applies to the first £2,000 worth of employee shareholder shares received by an individual • the capital gains tax exemption in respect of all or a portion of the ESS shares, and • the provision which ensures that, when a company buys employee shareholder shares back from an employee shareholder, the consideration is not a distribution in the shareholder’s hands The removal of the reliefs applies to any employer shareholder agreements made on or after 1 December 2016. However, any individual who received independent advice regarding entering into an employer shareholder agreement before 23 November 2016 still had the opportunity to enter into the agreement before 1 December 2016 and still...

Dive into our 47 Precedents related to Adoption leave

In relation to maternity leave, what are the consequences if an employee takes more than ten keeping in touch (KIT) days?

In relation to maternity leave, what are the consequences if an employee takes more than ten keeping in touch (KIT) days? For information on maternity leave generally, see Practice Note: Maternity leave. For information on maternity pay, see Practice Note: Maternity pay. Maternity leave Pregnant employees are entitled to 52 weeks of maternity leave, regardless of their length of service or their working hours. The 52 weeks is comprised of: • ordinary maternity leave (OML)—lasts for up to 26 weeks and can start at any point from eleven weeks before the baby is due (or earlier if the baby is born early) • additional maternity leave (AML)—lasts for up to 26 weeks and begins the day after the employee’s final day of OML • compulsory maternity leave (CML)—required by Directive 92/85/EEC, CML forbids employers from allowing employees who are entitled to OML to work for two weeks from the day on which the baby is born There is no express provision in the relevant legislation (ie Employment Rights Act 1996...

If an employee is given enhanced contractual entitlement to paternity leave and pay, does this mean that the employer is not permitted to rely on the relevant statutory provisions to recover statutory paternity pay from HMRC—which it would otherwise be able to do if the employee’s entitlement was limited just to statutory paternity leave and pay?

If an employee is given enhanced contractual entitlement to paternity leave and pay, does this mean that the employer is not permitted to rely on the relevant statutory provisions to recover statutory paternity pay from HMRC—which it would otherwise be able to do if the employee’s entitlement was limited just to statutory paternity leave and pay? Under sections 80A–80E of the Employment Rights Act 1996 (ERA 1996) and the Paternity and Adoption Leave Regulations 2002 (PAL Regs 2002), SI 2002/2788, employees are entitled to paternity leave (SPL) in certain circumstances relating to the birth or placement for adoption of a child or children. Separately, employees are given a statutory right to paternity pay (SPP), as provided for in Part XIIZA of the Social Security Contributions and Benefits Act 1992 (SSCBA 1992). Conditions of entitlement to SPP are not the same as those relating to SPL, although there is a significant overlap. For further information, generally, see Practice Note: Paternity leave and pay—post–6 April 2024. For further information about eligibility requirements...

See the 43 Q&As about Adoption leave

Employment weekly highlights—12 September 2024

This edition of Employment weekly highlights includes: (1) the Supreme Court’s decision in the Tesco ‘fire and rehire’ case, (2) the government’s updated remit for the Low Pay Commission, (3) an EAT judgment which held that English nationalism, which included anti-Islamic views, was not a protected belief under the Equality Act 2010, (4) an employment tribunal decision that an employer’s request for an employee to return from remote working in Spain to attend the London office was not direct or indirect sex discrimination, (5) an EAT decision that an employment tribunal had wrongly found that a dismissal due to disability-related absences was direct discrimination, (6) new guidance from the Equality and Human Rights Commission to help employers support disabled staff with hybrid working, (7) recent developments on the equal pay claims brought against Asda, (8) an EAT judgment allowing an extension of time where the appellant’s remaining grounds of appeal did not relate to the claims he had omitted to include, (9) six former Glencore employees appear at Westminster magistrates’...

Employment weekly highlights—22 August 2024

This edition of Employment weekly highlights includes: (1) a meeting of Deputy Prime Minister, Business Secretary, business leaders and trade unions to discuss the government’s plan to Make Work Pay, (2) a successful part-time worker claim by army reservists that were denied access to the armed forces pensions scheme, (3) analysis of an EAT decision applying the CJEU decision in CHEZ to a claim for indirect discrimination occurring prior to 1 January 2024, (4) a successful claim by an airport worker that the requirement to work any shift was indirectly discriminated against women, (5) an employment tribunal decision that it was discriminatory to withhold an employee’s pay until she met onerous requirements to prove she was fit to return to work following cancer treatment, (6) a successful discrimination claim brought by an employee who was harassed over her Catholic beliefs, (7) analysis of an EAT decision that an employer can be vicariously liable for detriment caused by act of co-worker which amounts to dismissal, (8) analysis of a Court of...

Read the latest 66 News articles on Adoption leave

[75A Ordinary adoption leave]

[(1) An employee who satisfies prescribed conditions may be absent from work at any time during an ordinary adoption leave period.[(1A) The conditions that may be prescribed under subsection (1) include conditions as to—(a) being a local authority foster parent;(b) being approved as a prospective adopter;[(c) being notified—(i) by a local authority in England that a child is to be, or is expected to be, placed with the employee under section 22C of the Children Act 1989;(ii) by a local authority in Wales that a child is to be, or is expected to be, placed with the employee under section 81 of the Social Services and Well-being (Wales) Act 2014].](2) An ordinary adoption leave period is a period calculated in accordance with regulations made by the Secretary of State.

[75B Additional adoption leave]

[(1) An employee who satisfies prescribed conditions may be absent from work at any time during an additional adoption leave period.(2) An additional adoption leave period is a period calculated in accordance with regulations made by the Secretary of State.[(3) Regulations under subsection (2)—(a) may allow an employee [to bring forward the date on which an additional adoption leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions];[(aa) may allow an employee in prescribed circumstances to revoke, or to be treated as revoking, the bringing forward of that date;](b) may specify circumstances in which an employee may work for his employer during an additional adoption leave per

Adoption leave is referenced 4 in UK Parliament Acts

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