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Adoption

Adoption Vs Maternity Pay

8 replies

BFJAdopter · 15/11/2019 12:10

Whilst I know I would be entitled to statutory pay for adoption leave, I wondered whether my employer which pays enhanced maternity pay has to also pay enhanced adoption pay? My employee handbook says they pay enhanced for maternity but doesn't mention it on adoption policy? Research online is not clear and I'm wondering if my company could legally treat me differently because it's adoption not birth child. Thanks.

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GiveHerHellFromUs · 15/11/2019 12:16

Do they speak of Parental Leave? Because that would be the same policy.

I think most companies offer the exact same terms for adoption leave as they do for maternity but maybe drop an email to HR.

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Thepinklady77 · 15/11/2019 17:22

They do not legally have to offer the same rights as maternity. Many though have challenged their employers successfully on this and got equality of both. However by law they only have to offer statutory! Do ask for equality and push it as far as you can.

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UnderTheNameOfSanders · 16/11/2019 15:55

When we adopted I wrote to HR and pointed out the difference.
I think I included a phrase such as 'could be viewed as discriminatory towards people who for whatever reason form their families a different way'.

Anyway, they updated their adoption policy to be inline with their maternity one.

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nohateplease · 19/11/2019 15:45

My OH's company maternity policy was enhanced but the adoption one wasn't. He lodged a case for discrimination, and won.
This is a nationwide company.

Definitely challenge it.

I did think though if one was enhanced the other needed to be the same.
Obviously legally they HAVE to offer statutory on both, but if one is enhanced the other needs to be too.

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donquixotedelamancha · 19/11/2019 19:32

'could be viewed as discriminatory towards people who for whatever reason form their families a different way'

That is a great phrase. I agree with what everyone else said: ask, but don't take no for an answer.

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Blueskies789 · 12/02/2020 16:59

Hi,

A bit late to the party, but when i adopted four years ago, my public sector company did not have adoption enhanced in line with maternity enhanced, there was a 6 week difference, this was very annoying. I queried it, and their response was on the lines of, 'someone who gives birth would need more time to recover', anyway, as i was in the thick of introductions i did not have the head space/time to challenge it and i gladly took what i could. In hindsight i should have challenged it, because a year later on my return to work, their policy had changed and the two were brought in line with each other- so they obviously knew it wasn't ethically right. So yes, challenge it!

Good luck!!

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SimonJT · 12/02/2020 20:14

My company only offered enhanced pay for female adopters, legally employers don’t have to treat adoptive parents in the same way as birth parents.

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BFJAdopter · 12/02/2020 20:36

Interesting..! I have informed my employer now and they were quite supportive but as I can give no firm dates they weren't worried and probably have brushed it off that it will be ages away. I have not challenged the enhanced maternity Vs enhanced adoption pay issue yet though.

The experiences of others enhanced adoption pay worry me- I think I will be the first adopter that takes the entire leave they have had so I think they will make it up as they go along..

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