Adoption Pay Entitlement?

LegalNim

My husband has finally been allowed to see his employer's adoption leave/pay policy after months of requesting it and being told no. He's worked there long enough to qualify for "enhanced adoption leave". It says he's entitled to 52 weeks adoption leave, 39 weeks on £151.20 and 13 weeks unpaid - for some reason this is called to "enhanced adoption pay" despite being the exact same amount as the non-enhanced amount. The government website says the minimum entitlement is 6 weeks on 90% salary and then 33 weeks on £151.20, 13 weeks unpaid - https://www.gov.uk/adoption-pay-leave/pay . To me, this sounds like his "enhanced adoption pay" is actually below the statutory minimum that he's entitled to - is that correct and is there anything he can do?

(If he were giving birth he'd be entitled to 4 weeks full pay, 2 weeks at 90%+£151.20, 12 weeks at 50%+£151.20, 21 weeks at £151.20 and 13 weeks unpaid according to his employer's policy. Every other job role for his employer is entitled to adoption leave equivalent to maternity leave - my husband's job role is explicitly excluded from the same rate as has its own section in the policy.)

He's a teacher in a school so the policy is decided by the county council so they should know what they're doing.

theoretica

As a teacher is he a union member?

LegalNim

theoretica said:

As a teacher is he a union member?

Yes but the union's opinion appears to be "if you want rights then give birth". 

theoretica

LegalNim said:

theoretica said:

As a teacher is he a union member?

Yes but the union's opinion appears to be "if you want rights then give birth". 

That is very poor - If this was a local officer I would want to raise the issue higher up.  Their website (if this is the right union) says 'The NASUWT is committed to ensuring that you receive the support and advice you need about your rights at work while you are adopting.'
https://www.nasuwt.org.uk/advice/conditions-of-service/maternity/adoption-leave-and-surrogacy.html

LegalNim

theoretica said:

LegalNim said:

theoretica said:

As a teacher is he a union member?

Yes but the union's opinion appears to be "if you want rights then give birth". 

That is very poor - If this was a local officer I would want to raise the issue higher up.  Their website (if this is the right union) says 'The NASUWT is committed to ensuring that you receive the support and advice you need about your rights at work while you are adopting.'
https://www.nasuwt.org.uk/advice/conditions-of-service/maternity/adoption-leave-and-surrogacy.html

Thank you but unfortunately NASUWT couldn't care less about adopters. The Burgundy Book doesn't expect adopters to be given any enhanced leave/pay (like it demands for biological parents) and even their website that you linked to says adopters are entitled to less than what the government website says they're entitled to. 

Marcon

LegalNim said:

My husband has finally been allowed to see his employer's adoption leave/pay policy after months of requesting it and being told no. He's worked there long enough to qualify for "enhanced adoption leave". It says he's entitled to 52 weeks adoption leave, 39 weeks on £151.20 and 13 weeks unpaid - for some reason this is called to "enhanced adoption pay" despite being the exact same amount as the non-enhanced amount. The government website says the minimum entitlement is 6 weeks on 90% salary and then 33 weeks on £151.20, 13 weeks unpaid - https://www.gov.uk/adoption-pay-leave/pay . To me, this sounds like his "enhanced adoption pay" is actually below the statutory minimum that he's entitled to - is that correct and is there anything he can do?

(If he were giving birth he'd be entitled to 4 weeks full pay, 2 weeks at 90%+£151.20, 12 weeks at 50%+£151.20, 21 weeks at £151.20 and 13 weeks unpaid according to his employer's policy. Every other job role for his employer is entitled to adoption leave equivalent to maternity leave - my husband's job role is explicitly excluded from the same rate as has its own section in the policy.)

He's a teacher in a school so the policy is decided by the county council so they should know what they're doing.

The County Council should...but not always.

In your husband's shoes, I'd go back to the employer with a neat little table showing the amount they are offering (in both weeks and £) and the amount shown on the government website (again, make sure the neat little table you're going to do shows weeks and £ for ease of comparison) and politely ask if they could explain how the two reconcile.