Adoption

-
Adoption

Employees who adopt are entitled to adoption leave and adoption pay. However, the legislation does not grant these rights to employees who adopt having previously been the child's foster parents or to step-parents who adopt their partners child(ren).

Commentary
An adoption takes effect (and the rights are generated by) a registered Adoption Agency confirming an adoption date on a 'Matching Certificate' (MC) and the name of the 'main parent'. The week that adoption takes place is called the 'Matching Week' (MW) and adoptive parents are termed either 'main' parent or 'other' parent. Adoption rights are available to single sex couples.

Entitlement
Ordinary adoption leave (OAL) is the first 26 weeks leave. Additional adoption leave (AAL) is a second period of 26 weeks leave.

Married couples, male and female couples, and single sex partners can adopt and become eligible for benefit but to qualify they need to have worked for their employer for 26 weeks by the end of the Matching Week.

The main parent must give their employer 28 days notice of the date on which (s)he wishes his/her adoption leave to commence - and this must be within seven days of the issue of the MC.

The other parent must give their employer 15 weeks notice of their wish to take their leave entitlement which is Statutory Paternity Leave (SPL) and must (if they are to receive the benefits) sign a Declaration (SC4 available from the Inland Revenue) which includes:

the expected date of adoption;

the date (s)he wishes the adoption leave and pay to start;

that (s)he is in an enduring family relationship with the mother/main parent; and/or

that (s)he will be responsible for the child's upbringing; and

that (s)he will be taking the leave to support the mother/main parent and care for the child.


The form requires the claimant's national insurance number. Only those who have earnings over an 8 week average that at least match the lower earnings level are entitled to pay during the leave. To be able to claim, neither parent must be in prison.

The Rights
Leave
The 'main' parent is entitled to both the two leaves - OAL and AAL - making a total absence of 52 weeks. If (s)he wishes to return before the end of either leave, 28 days notice must be given.

The 'other' parent is entitled to 1 or 2 weeks leave (as for 'paternity' leave) which must be taken within 56 days of the adoption.

Adoption Pay (AP)
Payment for the first set of 26 weeks leave for the main parent is at the rate of 90% of the persons average earnings or £102.80 (April 2004) whichever is the lower.

There is no payment for the second period of 26 weeks.

Payment for the other parent's leave is at the rate of 90% of average earnings or £102.80 (April 2004) whichever is less.

Once the main parent has notified their Matching Week, the employer must confirm the date of leave and the date of return.

Recovery
92% of adoptive leave payments are recoverable by 'large' employers by deduction from their NI contributions. A 'large' employer is regarded as any employer whose total National Insurance liability for the previous tax year was £45,000 (April 2004) or more. Other, 'small', employers can reclaim the whole amount plus a 4.5% 'admin' charge. If a small employer would find it difficult to fund the AP they can apply for an advance.

Multiple Adoptions
Adoptive leave is available only on a single basis - if two or more children are adopted, only one set of leaves/pay is available for each parent.

Comments

Post a Comment

Popular posts from this blog

Canteens and Rest Rooms for Employees-Cooperation, Employee's Duty Of

-
Canteens and Rest Rooms for Employees Key points Whether or not employers are legally-bound to provide their workers with dedicated canteens or rests room will depend in large part on the type of activity or process in which an employer is engaged. Regulation 25(5) of the Workplace (Health, Safety & Welfare) Regulations 1992 - that apply to every workplace - states that 'suitable and sufficient facilities shall be provided for persons at work to eat meals where meals are regularly eaten in the workplace'. By way of explanation, the accompanying Approved Code of Practice points out that 'seats in work areas can be counted as eating facilities provided they are in a sufficiently clean place and there is a suitable surface on which to place food. Eating facilities', it continues, 'should include a facility for preparing or obtaining a hot drink, such as an electric kettle, a vending machine or a canteen'. Furthermore, 'workers who work
Read more

Dismissal for Lack of Qualifications

-
Image
Key points §   'Lack of qualifications' is one of the permitted (or legitimate) reasons for dismissal listed in section 98(2) of the Employment Rights Act 1996. The expression qualifications means any degree, diploma or other academic, technical or professional qualification relevant to the position that a dismissed employee held ( ibid. section 98(3)(b)). §   Although an employee can legitimately be dismissed for not having the qualifications needed to do his (or her) job, that is not necessarily an end to the matter. What an employment tribunal must decide is whether the dismissal was fair. Given the particular circumstances (including the size and administrative resources of his undertaking) did the employer act reasonably or unreasonably in treating the employee's lack of qualifications as a sufficient reason for dismissing him? That question, says section 98(4) of the 1996 Act, shall be determined 'in accordance with equity and the substantial merits of the case&
Read more

Pseudo-Employees | Part-Time Employees

-
Individuals carrying out work for an Organisation for payment are not necessarily employees of that Organisation. The distinction between the self-employed who carry out work for an Organisation under what is a 'contract for service', and employees who carry out work under a 'contract of service' is unclear. Employment legislation sometimes gives benefits and/or rights to 'workers' rather than 'employees'. All employees are workers but not all workers are employees. Determination Guidance as to whether a person is or is not self-employed and therefore not an employee, can be gained from the answers to questions such as: a. Does the person have managerial control over their own activities? b. Do they have investment control over their actions? c. Have they the right to hire and fire their own staff? d. Are they registered for VAT? e. Can the individual refuse to carry out work offered without sanction? If the answers are YES then almost certainly the pers
Read more