Adoption leave and shared parental leave

Drew210385

I posted the below in Relationship forum but it was suggested I try here too!

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...

theoretica

My understanding is that adoption leave works like maternity leave - so you have a total of 39 weeks of pay between you (of which 2 weeks must be called adoption pay and the other 37 can be shared as you choose).  To get some shared parental leave the other needs to give up some of the maternity/adoption leave.

https://www.gov.uk/shared-parental-leave-and-pay

Drew210385

Does it matter what order? Could we start by doing shared parental leave and then when my partner goes back to work can I start the adoption leave then?

If not can we both take adoption leave at different times? I.e Partner for 2 weeks at the start, then 15 weeks shared, then I take adoption leave for what's left? If not possible should I take 2 weeks at the start, then we both take shared leave, then I go back on adoption leave?

theoretica

I think order does matter so one of you would need to take adoption leave followed by shared leave.  To both be off for the first two weeks I think the partner not taking adoption leave can take paternity leave before their shared leave https://www.gov.uk/paternity-pay-leave/adoption

tizerbelle

I posted this in your other thread....

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.

TheSpiddalKid

tizerbelle said:

That is why Shared Parental is 37 weeks pay and 50 weeks leave  (it follows paternity leave/pay)

One point of order, the idea that there is only 50 weeks shared parental leave is incorrect. The idea comes from the traditional idea of maternity leave and SPL, where the mother has to take two (or four) weeks of compulsory maternity leave. This is a health and safety measure and there are no analogous compulsory leave requirements for adoption leave. 

That being said, however, because of the way the regulations work, the adopter would need to take a minimum of one week of adoption leave as SPL needs to be taken in blocks of a week. which means the maximum is 51 weeks SPL.