3.1 Contact during Adoption/Surrogacy Leave
The University may contact an employee (and vice versa) while they are on Adoption/Surrogacy Leave, e.g. to advise of important changes in the Faculty/Directorate or issues related to return to work plans. However, the amount and type of contact
must not be unreasonable. Line managers/departments are encouraged to discuss arrangements for staying in touch with the individual employee member before adoption leave starts. This might cover frequency, reason and mode of contact. The individual
may choose to have regular contact or may prefer to keep contact to the minimum. As a minimum line managers need to communicate any important changes at the workplace that might affect the employee on their return.
3.2 Keeping in Touch Days (KIT)
Employees may, with the agreement of their line manager, undertake up to 10 KIT days during Adoption/Surrogacy Leave to undertake work, training or other work-related activity. KIT days are optional and an employee has the right to turn down a KIT
day without detriment. For each KIT day undertaken the employee may elect to be paid or to take time off in lieu (TOIL) for the number of hours worked, e.g. 2 hours worked = 2 hours pay or TOIL (and 1 KIT day will be used).
A KIT day can be up to normal contractual hours. Payment for KIT days worked can be claimed using the
overtime claim form
with KIT hours clearly denoted on the form. TOIL from KIT days should be recorded on the individual’s annual leave card.
Children may not be brought to the workplace on KIT days.
3.3 Benefits whilst on Adoption/Surrogacy Leave
The employee is entitled to receive all contractual benefits during the whole period of Adoption/Surrogacy Leave with the exception of remuneration.
3.4 Annual Leave, Bank Holidays and Concessionary Days
Annual leave continues to accrue while an employee is on paid or unpaid Adoption/Surrogacy Leave at the same rate of hours as that worked before the commencement of adoption/surrogacy leave and can be taken in the normal way on return to work or
as paid leave before returning. Bank Holiday and concessionary days are also accrued based on the days that actually fall whilst on Adoption/Surrogacy Leave.
Employees who are unable to take their annual leave in the current year, may carry forward their contractual leave entitlement to the following leave year. Note that leave must be used during the first year after returning from Adoption/Surrogacy
Leave, as the normal rules for carry forward (i.e. 5 days pro rata) will apply the subsequent year.
Annual leave may be used to shorten the period of unpaid Adoption/Surrogacy Leave. Once annual leave is commenced however, the employee is deemed to have returned to work and cannot return to Adoption/Surrogacy Leave.
If an employee does not return to work following Adoption/Surrogacy leave, annual leave will be accrued for the first 26 weeks of the Adoption/Surrogacy leave period and statutory annual leave for the second 26 weeks’ of the Adoption/Surrogacy
leave period, regardless of the length of service. In this case, accrued leave will be paid once resignation is confirmed.
Semester only-working
Semester only staff will accrue annual leave during periods of maternity leave. As this entitlement is normally included with their pay, staff are unable to receive this entitlement during periods of half pay, statutory maternity pay and no pay. Upon return to work, or the submission of their resignation, payroll will make a calculation to ensure that any leave accrued will be backdated for the period of maternity leave. This will then be paid as an additional payment with the next salary following maternity leave. In cases where an employee resigns, a calculation will be made based on the number of weeks worked and leave accrued during maternity. In this instance, there may be occasions where more leave has been taken than is owed, in which case a deduction of salary will be made. For more information please speak to the employee services team.
Variable Hours
Anyone on a Variable Hours contract should contact the Payroll Team who will be able to calculate the annual leave they will accrue whilst on adoption/surrogacy leave which can be taken as agreed with their line manager as detailed in Section 3.4 above.
Associate Lecturers
Associate lecturers’ rate of pay includes an allocation for annual leave rolled into the total amount paid, this means that Associate Lecturers will be paid in their adoption/surrogacy pay for the annual leave that they accrue during the paid part of their adoption/surrogacy leave so will not accrue any additional annual leave to take at any point, however if the Associate Lecturer takes any UNPAID adoption/surrogacy leave then they will accrue annual leave only for the UNPAID part. Associate Lecturers should contact the Payroll Team who will be able to calculate the annual leave they will accrue whilst on UNPAID adoption/surrogacy leave which can be taken as agreed with their line manager as detailed in Section 3.4 above.
3.5 Pension arrangements
For information regarding pension contributions during adoption/surrogacy leave please visit the appropriate pension scheme provider below:
Local Government Pension Scheme
Teachers Pension Scheme - Family Leave
Universities Superannuation Scheme - Life events
(see ‘Becoming a Parent’)
3.6 Sick pay during and at the end of adoption leave
Employees are not entitled to sick leave whilst entitled to receive statutory adoption/surrogacy pay or whilst on unpaid leave.
If the employee is ill and unable to return to work at the end of the leave period the normal arrangements for leave due to sickness will come into force.
3.7 Pay Rises
Any salary increment / cost of living awarded will be applied on the due date. If the date falls during the period when adoption / surrogacy pay is payable, the amount of pay will be adjusted as appropriate.
3.8 Childcare vouchers
Membership of the University's Childcare voucher Scheme is now closed to new entrants as the government has introduced a new
tax-free childcare scheme. Current scheme members may continue to use the University Childcare Vouchers for as long as the University continues to operate the
scheme or may choose to join the government scheme. Current members will benefit from continued membership during any periods of adoption/surrogacy leave.
3.9 Fixed-Term Contract
Once entitlement to statutory adoption/surrogacy pay has commenced, the University will pay employees on a fixed-term contract all of their statutory adoption/surrogacy entitlement, even if their employment ends during the period of
adoption/surrogacy leave. In such cases, any outstanding payment at the time that the contracts ends, will be paid to the employee as a lump sum.
3.10 Redundancy
Employees returning to work at the end of Ordinary Adoption/Surrogacy leave (the first six months of Ordinary Adoption/Surrogacy leave), have the right to return to their original job on the same terms and conditions.
If the employee is returning to work following additional Ordinary Adoption/Surrogacy leave (any part of the second six months’ of Additional Adoption/Surrogacy leave), they will normally return to their original job. However, if that is not
possible then a similar job on the same terms and conditions will be offered.
If a redundancy situation has arisen whilst the employee has been on Ordinary Adoption/Surrogacy leave, the University will seek to redeploy the employee to a post which carries a similar level of responsibility and remuneration. Where this is not
possible, and the employee is redeployed to a post at a lower grade, they will have their salary maintained for a period of up to two years, while further attempts are made to identify a suitable post at the original grade. If there is no suitable
alternative work, the employee be may be entitled to redundancy pay.
See the University’s
Redeployment
and
Handling Redundancies
policies for further information.
3.11 Union membership subscriptions
When paid Adoption/Surrogacy Leave finishes, union contributions will cease. The employee must contact their union should they wish their contributions to continue during any period of unpaid.
3.12 Option for Shared Parental Leave (SPL)
The employee may choose to curtail their adoption/surrogacy pay and leave and opt into Shared Parental Leave. For SPL to start, the primary adopter must do one of the following:
end their adoption leave by returning to work early and giving 8 weeks’ notice of this (“a curtailment notice”);
give the University a “binding notice” of the date when they will end their adoption leave; or
end Adoption Pay or Adoption Allowance.
3.13 Shortening or Extending Adoption/Surrogacy Leave
If the employee wishes to change their return to work date to return earlier than a date previously specified, they must give the University 8 weeks’ notice of this intention. If an employee gives less than 8 weeks' notice, their adoption leave
may be extended for up to 8 weeks' after the date of giving notice of return, to allow the University to make any necessary arrangements. This extension must not extend beyond the 52-week period of adoption leave (or 63 week period if the employee
has given notice of their intention to take Additional Adoption Leave).
Adoption leave may be extended under certain circumstances, as follows:
- there is an interruption of work or other reasons, for up to 8 weeks, as long as the University notifies the employee in advance of the reasons for the postponement and of the new date of return; and the new date of return does not extend beyond
the 52-week period of maternity leave (or 63 week period if the employee has given notice of their intention to take University Maternity Leave).
Note: if the employee is ill when they are due to return to work following adoption/surrogacy leave, normal contractual provisions for sick leave will apply.
3.14 Notification of a return to work
Although there is no legal requirement to give advance notice of an intention to return at the end of the 52 week Adoption/Surrogacy Leave period, an employee who intends to do so is urged to keep their line manager informed of their intentions so
that appropriate cover arrangements can be made and workloads can be planned.
HR will normally write to employees 8 weeks prior to their indicated return to work date to confirm their return to work arrangements.
3.15 Changing hours of work
Some members of staff returning to work following Adoption/Surrogacy Leave may wish to consider changing their hours of work or working patterns. All staff have a right to request to work flexibly. Any such change requests should be made on the
Change in working hours or patterns of work request
form. The University requires managers to only refuse requests if clear and genuine business grounds exist to justify that refusal. It is recommended that any change in working hours or patterns is submitted prior to the commencement of
adoption/surrogacy leave, however, changes must be requested at least two months before the proposed change is to come into effect.
Where reduced working hours (fte) are agreed, employees may wish to consider using some of their annual leave to retain their previous fraction for a period of time. This may help them to adjust to their return to work and new circumstances.
Eg. It has been agreed that an employee can reduce their FTE from 1.0 to 0.5 on their return to work and they have 20 days outstanding annual leave. They therefore return to work on 1st September working 0.5 fte. However, for the period 1st
September to end of October they are paid 1.0fte, as they use their leave entitlement. From 1st November, they will work 0.5 fte and be paid 0.5fte.
Another alternative is to use annual leave within the period of unpaid leave and just prior to returning to work. (Once annual leave is started employees are unable to return to adoption/surrogacy leave.)