2nd job

[howmanyusernames]

My OH has 2 jobs - one is a 'day job' and one is a couple of evenings a week, for a couple of hours.

Our plan is for him to take 4-6 months adoption leave from his 'day job' but still work his evening job a couple of evenings a week.

I work from home, so the plan is in the 4-6 months I also have time off too, so we can spend this as a family, but I may work the odd hour or two if I need to (my work is very manageable and I can work when LO is in bed, and OH will be there 24/7).

My question is, can he claim adoption leave from his main job and still be working/paid by his second job?

If he's an employee then no, because he'll be paying NI contributions. If his second job is self employed he'll be fine.

Second job is a zero hours contract?

I think it's like mat leave, or sick leave- your employer would be able to terminate your leave/pay if you were doing work elsewhere.

The only way to work while on adoption leave is to use 'keeping in touch days', I think. This outlines the rule for maternity, which adoption has to be equal to: www.workingfamilies.org.uk/articles/what-work-can-you-do-during-maternity-leave-2/ which covers MA- which adopters don't get, and SMP- adopters get SAP. If there's any occupational adoption pay, then that could be complicated.

A lot depends on the terms of both contracts. His first job might not allow secondary employment when on mat/adoption leave - some do but he'd really need to check. If his second job is classed as employment (i.e. They do tax and NI for him) then no, he couldn't do it and keep his adoption pay, he would be considered to have ended his adoption leave and be expected to go back to his job.

I think he thinks he can keep the 2nd job going as someone he works with went on maternity leave with her 'day' job (which is the same as his) but still worked her 2nd job?
I'll just get him to speak to HR at both jobs when it comes to it I think!