Any employment/ leave experts around?

[NotJustAnyOldCat]

We go to approval panel next Wednesday and I'm in the process of applying for a new job.
If I am offered the job I will tell them straight away about adoption, potential leave etc.
I understand that recent government legislation gives adopters 'day one' rights to full leave from the start of a new job. But what if we get the call during my notice period? I have to give 3 months notice at current job. Who, then, is responsible for my leave and pay?
We are (probably) doing foster-to-adopt so things could happen very quickly, when they happen.
Timing is rubbish but I really want this job and given that we could be waiting many many months for a link I can't put the rest of life on hold.

Thanks for any advice

It's a difficult one because I expect - like most of us - you want to be honest.

But Actually - I wouldn't tell your new employers about adoption until you are pretty much guaranteed the match (admittedly I don't know much about foster to adopt because we didn't go down that route). For us - I wasn't employed at the time but we saw our DS's profile and he came to live with us almost 5 months later. If I had been working, I would have told my boss about 6 weeks after we got the profile - when we had met DS's foster carer and doctor.

For adoption, your job is protected if you have been employed for 6 months before you start adoption leave - but not sure what rules are for fostering to adopt.
The only thing I would say is that your SW might not take too well to this news. Can you afford not to work? What if you are matched before the 6 month period is up? Your SW might well view this news negatively - although I agree you can't put your life on hold. But you do need to show commitment...

So be careful how you phrase this with your SW.

Good luck!

Thanks Hels.
I think, since 5th April there is no 6mnth employed period anymore - it's day one entitlement. Which means full adoption pay from the day you start work
I'm worried about who picks it up during the notice period. So if I give current employer 3 months notice and accept the new job, and then go off on leave during those 3 months - who pays up? How does it work?
I'm probably more worried from a foster to adopt point of view as the 2 families I know IRL who have done it both had very little notice... in one case, 3 days' notice!

I can't help with your legal question, but just to say that FtA doesn't HAVE to be like that. We heard of DD very soon after approval panel, and it was a 'get ready for her to move in within the next few days' type thing; however in the end it took another 11 weeks before intros started.

I suspect that going on adoption leave during your notice period technically means you are still employed by your old employer at the time you go on leave and hence it is them who 'pay up'. But that's just my thinking, no idea if it has any merit.

Thanks 64.
DH thinks that too. And that at the end of the 3 months, responsibility moves to new employer (which I'm sure they'd love!)
Its a minefield.
But its good to hear that there can be a bit more 'notice' although I'm sure those 11 weeks dragged for you.
Thank you

Cat - not sure you get the right with a new employer unless you have been there for 26 weeks.That is not how I read the advice on gov.uk website.

The way I read it on the gov.uk page is that the change gives employees the right to take adoption leave at any stage in their employment. However, during their leave, they are not entitled to adoption pay unless they have 26 weeks of continuous employment. Have I read that wrong? I really should know as I used to be in HR before my brain melted during my current adoption leave !

www.gov.uk/employers-adoption-pay-leave/eligibility

I think unidentified is right in that you're not entitled to pay but you are entitled to go on leave. However, if you are still in old job they will have to pay as gov.uk says:

"If your employee isnâ??t returning to work you must still pay them SAP to which they are entitled. You cannot ask them to repay it."

It's a tough one, you could be waiting a long time, so you can't put your life on hold but at same time I was in new job (6 months in though when I told them) when I went off, they were amazing but I was guilt ridden and that was a decent time in. I know I'm wrong to feel that way and I shouldn't!

If you can afford to not have the pay I wouldn't worry about it, go for the job and only tell them when you have a match. I would be more worried what my SW was going to say about the job change, that's possibly going to give you the bigger headache!

Ah sorry I should've said - I'm work in the NHS and even though I'm changing employer, locality and trust, NHS continuous service covers the 26 week requirement so I will be entitled to adoption leave and pay from as soon as I start there (if I get the job).
Thanks for all the advice.
I think I probably wouldn't say anything much to SW - job is same banding, same salary, similar kind of work, same distance from home (in other direction) so little I'll change. I'll be able to downplay it I think.
But the team will be completely new to me and it's that whole not wanting to annoy them before I even start or soon after by taking a year off! Like you say Tomatoes, that guilt is horrible.