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Adoption leave and shared parental leave

Any advice as both our workplaces are a bit confused, as are we. I'll try and stick to basic facts.

- Myself and my partner are adopting soon
- We understand we get 50 weeks of shared parental leave
- We are planning to take 15 weeks off together initially (which would therefore count as 30 weeks of leave?)
- Partner will then go back to work
- I would then stay off for the remaining 20 weeks

We've been told one of us should take adoption leave, and the other one takes shared parental leave? But we're not sure if it matters who? Should the higher earner be the primary adopter and the one whose workplace offers the longer amount of full pay above statutory? If I want to be off for the longest amount of time should I be the primary adopter?

They also both have different amounts of days and pay:
Adoption - up to 39 weeks of pay (52 weeks of leave)
Shared parental leave - up to 37 weeks of pay (50 weeks of leave)

Is this right and do you do both simultaneously? So one of us get adoption pay, and one of us get shared parental pay? So if my partner is just taking 15 weeks off, would that be 15 weeks adoption pay and leave. I would get 37 weeks shared parental pay and 50 weeks leave?

This could all be completely wrong, I honestly have no idea, and no one seems to know! Any help gratefully received...

Comments

  • Mands
    Mands Posts: 817 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    I don't know the answers to any of those questions but I didn't want to read and run so I'll make three observations:

    * You will probably need to figure this out and then hand-hold your HR people through it. Adoption leave is not *that* common plus shared leave is probably even less so

    * Cross post to the Employment forum. You'll get some expert advice over there

    * Yay, a baby! Congrats to you and your partner. The very best luck with everything, you are doing a fantastic thing :)

    Mands
  • I can't answer your questions but am wishing you all well in creating your family.

    (I was adopted in 1950 by a wonderful mum and dad, and after they died I found my birth mum and had ten years of a good relationship with her).
  • tizerbelle
    tizerbelle Posts: 1,918 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Okay, its been a few years since I've had to think about these situations but as far as I recall, from the POV of HR policies, one of you will need to be the "adopter", the other will be the "partner"

    The adopter will be entitled to 39 weeks adoption pay and 52 weeks leave.  
    The partner will be entitled to 2 weeks paternity pay and 2 weeks paternity leave (regardless of gender).
    That is why Shared Parental is 37 weeks pay and 50 weeks leave  (it follows paternity leave/pay)

    You then have the option of curtailing (ending) your adoption leave and pay early and changing to Shared Parental Leave and Pay that can be used by either parent at the same time, separately or in blocks interspersed with periods returning to work.

    Assuming you are not among the fortunate people who work for companies that give full pay for all family leave - start with looking at the adoption leave and pay policies for both your employers - who offers the best pay for an adopter? Or are they both Statutory Pay only - if so who would get more in the first 6 weeks (90% of average earnings) - Make that person the primary adopter (in your employers eyes).  Shared parental only gets paid the lower statutory rate in the first 6 weeks.

    So once you have decided who will be the primary adopter - they should apply to their employer for adoption pay and leave and submit the curtailment notice to end their adoption leave after 15 weeks for example (certainly no less than 6 weeks) leaving 39-15=24 weeks available for shared parental pay and 52-15=37 weeks of shared parental leave.

    The "partner" will apply for 2 weeks paternity leave and pay to coincide with the start of your adoption leave and then request 13 weeks shared parental leave to follow the paternity leave and pay.  

    So adopter had 15 weeks adoption leave and pay
    Partner 2 weeks paternity leave and pay followed by 13 weeks parental leave and pay.
    That leaves (52-15-13) = 24 weeks of shared parental leave and (39-15-13)= 11 weeks of shared parental pay available for either of you to use as long as it is within 1 year of the placement.

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