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Adoption

Here are some suggested organisations that offer expert advice on adoption.

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Original poster

Adoption leave

15 replies

Shancock476 · 27/04/2021 14:38

Hi, we are hoping to be matched with our foster child in a few weeks. I will carry on fostering my other LAC. Is my husband entitled to adoption leave from his employer.

OP posts:

Notmenotme · 27/04/2021 15:31

Yes - so long as your not taking any leave then your partner will be entitled to statutory adoption leave and pay. This isn’t always the same as maternity though - and unfortunately that is legal. He will be entitled to “maternity” leave, unless you are taking it - in which case he won’t be.

I think it’s 6 weeks 90% and then the rest is stat pay - but I may be wrong.

Ted27 · 27/04/2021 16:23

If you are not taking adoption leave then your husband should be entitled to take the leave set out in his employer’s adoption leave policy, up to a year.

Whether you can afford him to have a year off will depend on how good the adoption leave package is. If its not the same as the maternity leave package then he should challenge it. Thats if he wants a year off.

Notmenotme · 27/04/2021 16:34

Ted27 have you challenged before? If so is there any advice you have? I’ve basically been told it’s the way it is and any fight to change it would take years and not affect me....

Notmenotme · 27/04/2021 16:35

Ps sorry to hi-Jack....

Ted27 · 27/04/2021 16:43

no I haven’t challenged myself as my employer is somewhat enlightened on these matters and adopters get the same enhanced package as maternity. But I’ve seen quite a few people on forums who have challenged successfully.
If you have a union they should advise, also ACAS, you could also try the Adoption UK forum.

Ted27 · 27/04/2021 16:48

I would think they challenged under Equality legislation as adopters should not be discriminated against

kierenthecommunity · 27/04/2021 17:01

@Notmenotme I challenged mine and I won. It took some persistence and I ended up going right to the top (I’m a police officer and ended up emailing the chief constable as I was getting no where with HR etc)

I used the argument that it could be discrimination - not me specifically as infertility isn’t a protected characteristic. But I pointed out what if you were adopting because you were a gay couple, a single male or had a disability that meant you couldn’t carry a child? Why should you be treated less favourably than a heterosexual woman? Anyway it worked

Notmenotme · 27/04/2021 17:12

Ahh I’ve already had a meeting with the head teacher about this and the union haven’t been helpful. Maybe I’ll push my union.

Head teacher has argued that it’s not discrimination because they are offering 6 weeks full pay regardless of who the primary adopter is, which if I was taking it as paternity leave would be better but my partner isn’t in a position to take the leave as he won’t have worked in his place for long enough...

I’m not particularly up for a fight as the school is pretty incredible in other ways and is highly understanding and kind for things like parental leave in general. Also the pay is better than pretty much every other school for my position.

I’ve said I want to fight it for the people after me - so I will pursue but it may not do me any favours. The headteacher is very kind but it also allows me to not have to return if I don’t want to - and I won’t owe them any favours/money!

Notmenotme · 27/04/2021 17:12

Thanks for your responses and apologies for hi-jacking once again!

Ted27 · 27/04/2021 17:48

@Notmenotme

is it your rep or the union itself that hasnt been helpful - if its the rep, go higher, if its not the rep, still go higher !

I’m fairly sure I’ve come across at least one teacher who has successfully challenged.
Do you have friends who teach in other schools where the policies might be the same ?

kierenthecommunity · 27/04/2021 19:59

Are you just asking to have the same entitlement as someone on maternity leave? It’s not exactly like they’re doing you an enormous favour. How many people have they paid maternity leave pay to over the years?

Notmenotme · 27/04/2021 20:23

I’ve just emailed my union again - it may change hopefully...! I just hate these sorts of confrontations, and I feel like I’ve already done it and been told no - but I’ll see what the union say.

Yeah I would just want it to be equal to maternity pay. I said it was discriminatory and the head teacher just said she disagreed and that I should have been aware of the difference in policy before I left my old school.

To be honest the speed of proceedings it’s unlikely to be a problem for a while........!!!!

Jellycatspyjamas · 28/04/2021 15:47

It is discriminatory in that it discriminates against anyone who can have children by birth for whatever reason and while infertility isn’t a protected characteristic sex, sexuality and disability are. I know a few folk who have successfully challenged on that basis.

Runner31 · 29/04/2021 22:02

@Notmenotme, I'm not sure if I'm on the right track with this but my husband is a teacher and he had to challenge his right to adoption leave. It was a bit messy but basically the employer (local authority) weren't following SNCT policies for teachers. I'm not sure if you're in England or Scotland but if in Scotland the SNCT policies give you the same rights as maternity leave and pay. I would imagine England would have similar policies in place which you could highlight to your head teacher.

Runner31 · 29/04/2021 22:03

Sorry, terrible grammer in my previous post 😬

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