Adoption Leave for Teachers

[TeachAdopt]

My husband and I are beginning the adoption process (by which I mean thinking about it a bit). We had a meeting a while ago and are thinking we might get started again soon. My husband is a teacher and he will be the "main adopter" and I'll get paternity pay.
His employment contract says to check another document for details of adoption leave. He checked that document and it said that the adoption leave information was "available upon request only". We're a bit reluctant to tell his employer that we're planning to adopt and that he'll be the main adopter because it could take years to be matched and think that a) it's massively oversharing personal information to tell them this early on and b) we think it will probably impact them allocating him TLRs or promotions.
Everything from the unions says that adoption pay is "discretionary". I was under the impression that it was something adoptive parents were legally entitled to just like how biological parents get maternity or paternity leave. But everything on paper says "may be entitled to* or "at the discretion of the school/trust/local authority".
He's been working there long enough and earns enough and all of those things - are teachers entitled to adoption leave/pay?

I think the adoption agencies insist on taking leave to settle a child in at home.

Have you looked at the local authority site?

Does he work on an academy or maintained school. There's a document called the burgundy book that most maintained schools sign up to

I thought it was a legal requirement just like maternity leave

Statutory Adoption Pay is (or at least was) paid at the same rate as maternity except that the higher rate for the first 6 weeks isn't payable.

I know teachers 'don't get paid holidays' and that their pay is divided into 12 months, but the same basic principle applies as for maternity.

However some employers pay enhanced maternity pay and therefore should really pay enhanced adoption pay too. For example however they may choose to only do it for people with X years service or on condition they return to work afterwards.

You only need to give official notice once the agency decision maker has ratified the panel decision, and then you might find the 'notice' is only a week or 2. You would know however that it was coming up for around 3 months, so provisional cover could be organised.

Yeh information should be in the teacher’s burgundy book, not sure if each LA has their own one but you should be able to find it online. Good luck

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

The statutory pay is the same as standard statutory maternity pay 90% for the first six weeks then 90% or about £150 for 33 weeks at which ever rate is cheaper.

The company I was working at had a generous maternity and paternity leave package, employers do not have to provide an adoptive parent with the same package.

I adopted a family member so I got £0, so my local authority provided the equivalent of stat adoption pay for 6 months.

I’m a teacher and I have known three colleagues who have adopted in the last few years. All have had leave the same as maternity and paternity. They’ve also had time for introductions, meetings etc.

You will also be eligible for the £500 sure start grant.

@bestthingsinceslicedbread @Andwoooshtheyweregone Unfortunately the Burgundy Book says adoption leave/pay is entirely at the discretion of the employer. That's why I'm really concerned because the government website seems to imply it's a legal entitlement but then the Burgundy Book surely wouldn't be saying that employers don't have to provide it?
@Kust I thought you could only get the Sure Start Grant if you were getting Universal Credit?

The one aspect of adoption leave for employers can be the sudden timing of it, compared to maternity leave which has an obvious lead in. However, the employer just has to work around it., but it's fair they're made aware of it.

@Hillarious Unless you're adopting a family member (in which case you're not entitled to adoption leave), adoption takes longer than pregnancy. It takes at least six months just to get to the point that they start trying to find a child to place you with.

@TeachAdopt - but it's the timing of the adoption going through, once you've been approved tha can be sudden. Once you've been considered and approved, they could find a child to place with you next week. The time between knowing you're going on adoption leave and actually starting it is very short. With a pregnancy, your employer is better able to manage the required cover.

neu.org.uk/media/2551/view

Section 5 covers adoption leave OP

For local government as long it's not through a private agency you get the same entitlement as maternity pay.

@LatteLover12 Thanks for this. Again though, it says "the local authority has the discretion...". It makes it sound like it's a choice - everything relating generally to adoption pay and employment rights says it's an entitlement but everything specifically related to teaching rights says it's discretionary.

If your husband is employed in a LA school then he can call HR (anonymously if he wants) and ask for their specific policy.

If he works in an academy then they will have their own policies that they follow. These should be easily accessible on the schools electronic network.

Failing that he could call his local branch secretary (of whichever union he is in) and ask them for help. They will have dealt with adoption leave and the related policies before. Your union contact info is on the back of your membership card.

@LatteLover12 Thank you - he's employed by an academy. They've said it's only available by request. He's emailed the union but seems like getting conflicting answers that basically says it's up to what the school says :/

That’s not great practice by the academy. I know our school uses the LA model policy which mirrors the maternity policy. Is there a trusted colleague that he could ask to request it? Maybe the union rep at the school possibly. He shouldn’t have to do this though. You would expect all HR policies to be readily available.

@Piratefairy78 We haven't told anyone other than our references so wouldn't feel right telling his colleague as the first one to know. It is annoying that it's not available but I suspect it's more of a convenience issue than anything sneaky or untoward because they've been great in every respect that we've needed. It is annoying though - we just want to make 100% sure what we're entitled to so we can plan accordingly.

OP head over to the adoption board (under ‘Becoming a parent’ and there will lots of advice there.

www.nasuwt.org.uk/advice/conditions-of-service/maternity/adoption-leave-and-surrogacy.html

He'll get statutory adoption pay (assuming he qualifies by having been employed there long enough etc). The "up to the employer" stuff is about whether he gets more than that.

I adopted three years go, your terms and conditions are the same as those that are offered to a family with birth children. Your husband is entitled to exactly the same as anyone else. I was of for 12 months so had 3 months 90% 3 months 50% then statutory maternity/adoption pay for three months then the rest was unpaid.

Do not tell anyone until you have been matched we were approved for 12 months becore matching. Your matching certificate is the trigger for payroll to begin to act and when you get a firm match you should share thid then.