Family Leave - Surrogacy

You might come across some terms which you’re unfamiliar with whilst reviewing this policy. To help, we’ve summarised these key terms for your reference:

Am I entitled to time off work to attend antenatal appointments?

Yes, if you are the intended parent.

What time off work am I entitled to? Will this be paid?

We offer paid leave for you to accompany your surrogate to up to 5 antenatal appointments, where these fall within your working hours. Please give your line manager as much notice of these appointments as possible. We may request a signed statement from you confirming that:

• You are the intended parent (or one of);
• The time off is solely to accompany the surrogate to the appointment; and
• A doctor, midwife or nurse has advised that the surrogate needs or would benefit from the appointment.

Subject to the above, reasonable paid time off work will be granted to allow you to travel to and attend the appointment(s). Depending on the arrangements for the appointment, you may be required to attend work prior to / after the appointment. To attend any further appointments, you will need to request time off work as holiday or unpaid leave from your line manager.

For clarity, we offer this level of support to our colleagues, whether they are the intended mother or father. Normally, who has paid time to attend appointments might dictate who is the ‘primary person’ in the adoption. However, we offer this as an enhancement to the statutory provision and it has no bearing on your entitlement to family leave.

How much time off am I entitled to?

If you’re in a couple and you intend to share parental responsibility, you will need to decide who will be the ‘primary person’ as this will dictate the leave and pay arrangements each partner is entitled to. If you are the ‘primary person’, you are entitled to 52 weeks adoption leave, regardless of your length of service, job role and working hours, etc. This is made up of 26 weeks ordinary adoption leave and 26 weeks additional adoption leave. You may also consider Shared Parental Leave as an option, which effectively enables you to share your adoption leave entitlement with your partner. If you are the partner in a joint adoption (regardless of gender), you are entitled to paternity leave (maximum of two weeks), subject to eligibility.

If you are expecting two (or more) babies as part of the same surrogacy agreement, your entitlement to adoption or paternity leave and pay is the same (as if you were only expecting one baby).

How do I notify you about when I would like my adoption or paternity leave to start?

If you are the ‘primary person’ and intend to request adoption leave, you must notify us via Zellis Employee Self Service (Your Family Leave > Adoption Leave Request) by the end of the Qualifying Week. If you are the other partner and intend to request paternity leave, you must notify us via Zellis Employee Self Service (Your Family Leave > Paternity Leave Request) within the same timescale. You will be asked to confirm the Expected Week of Confinement and the date you would like your adoption or paternity leave to start. You can change this, as long as you let us know within 28 days of (the earlier of) the original or revised date.

When could my adoption or paternity leave start?

Adoption or paternity leave in these circumstances can start from the day the baby is born or the following day (this is the same should the baby be born overseas). Your period of adoption or paternity leave will start earlier if the baby is born before your preferred start date. All other details relating to paternity leave can be found here, Paternity. If you would like to speak with somebody prior to submitting the form, you can have a chat with your line manager or contact the People Team.

Do I have to provide any further information to be eligible for adoption or paternity leave and pay?

We may ask for you a written statement (‘statutory declaration’) to confirm that, in the 6 months after the baby’s birth, you intend to apply for a parental order. If neither you or your partner (if you’re in a couple) are the biological parent of the baby, you will need to confirm your intention to apply for an adoption order (or similar). This needs to be signed in the presence of a legal professional.

Do I have to take 52 weeks off work (adoption leave)?

No. However, it is compulsory for you to take two weeks adoption leave. Thereafter, you can choose how long you would like to take off work (either as adoption leave or Shared Parental Leave).

Can I take holiday before my adoption leave starts?

You should use any outstanding and accrued holiday before you go on adoption leave. You might request to take holiday before your adoption leave starts to extend your total period of leave. Please discuss your request with your line manager.

Do I accrue holiday whilst I am on adoption leave?

Yes.

Do the terms & conditions of my employment continue whilst I’m on adoption leave?

You’ll continue to receive your contractual benefits whilst you are on adoption leave. Please see the 'Returning to Work' section below for further details regarding your job role with our co-op.

My baby was born early and requires neonatal care. Do you offer any additional support?

For each full week that your baby is in neonatal care, we will grant an additional week’s leave and pay, up to a maximum of two weeks. Please advise your line manager or the People Team as soon as possible should these circumstances apply to you. You do not need to meet any service or earnings criteria to be eligible for this leave and pay. Please note that we are unable to ‘interrupt’ adoption leave to grant this additional paid leave. In this instance, this additional paid leave will be administered at the end of your adoption leave.

How much paternity pay am I entitled to?

Details relating to paternity pay can be found here, Paternity.

How much adoption pay am I entitled to?

You may receive Statutory Adoption Pay (SAP) and Occupational Adoption Pay (OAP) whilst you are on adoption leave, dependent on eligibility.

How do you calculate who is entitled to SAP?

The criteria is set by the Government. You must have 26 weeks continuous service with our co-op at the Qualifying Week. Entitlement is then based on the following:

• In the 8-week period prior to your Qualifying Week, your average weekly earnings are at or above the National Insurance Lower Earnings Limit (currently £123 per week);
• You're able to give at least 28 days’ notice that you intend to take adoption leave (or as much notice as you can); and
• The surrogate is still pregnant or the baby has already been born 11 weeks before the Expected Week of Confinement.

How much is SAP?

The standard rate of SAP is set by the Government. It's currently:

• 90% of your average weekly earnings for the first 6 weeks; plus
• The lower of 90% of your average weekly earnings or £172.48 for a further 33 weeks (‘lower SAP rate’).

If 90% of your average weekly earnings is less than £172.48 (but more than £123, as above), all 39 weeks will be paid at lower SAP rate.

What is Occupational Adoption Pay (OAP)?

OAP is a discretionary enhancement to SAP for colleagues with 1 year’s continuous service with our co-op at the Qualifying Week (and who have not given notice to leave our employment). We will pay 90% of your average weekly earnings for a further 4-week period, meaning the first 10 weeks will be paid at the higher rate (if higher than the current rate of SAP). If you do not qualify for SAP (you’ll be notified as detailed below), then please contact us regarding arrangements. As aforementioned, if you have a baby who requires neonatal care, we will grant up to an additional two weeks leave and OAP. This will also be paid at 90% of your average weekly earnings.

Will you tell me what I will be paid whilst I am on adoption leave?

We will write to you within 28 days of you notifying us of the surrogacy to confirm your period of adoption leave and pay arrangements. If you don’t qualify for SAP, we will provide you with an SAP1 form for you to provide to the Department of Work and Pensions (DWP) to see what other support you may be eligible for.

Is adoption pay paid in the same way as my normal wages?

Yes, SAP and OAP is paid through the payroll as normal (4-weekly). Tax and National Insurance deductions will be deducted, as applicable.

What happens to my pension contributions whilst I’m on adoption leave?

If you're a participating member of the Royal London Stakeholder Scheme, employee and employer contributions will continue to be paid into your plan based on your normal basic pay for the duration of your paid period of adoption leave. We will ‘top up’ these contributions to Royal London, as appropriate.

Summary of Adoption Pay Arrangements (based on 52 weeks*)

*Note: See earlier reference to parents of babies who require neonatal care. Where eligible, this 1-2 weeks of neonatal leave and pay will be in addition to the arrangements detailed in this table

What contact will I have with work whilst I am on adoption leave?

Your line manager will meet with you prior to your adoption leave. This is a great opportunity to discuss any outstanding queries or concerns you might have. They'll also talk to you to mutually agree the level of contact you would like to have whilst you’re away from work (e.g. a monthly phone call for a ‘chat’).

What are ‘Keeping in Touch’ days?

During this meeting, your line manager will also talk to you about the option of working up to 10 days during your period of adoption leave, known as KIT days. These are sometimes important for reasons such as keeping a qualification valid, to attend key meetings or training days, but some colleagues just enjoy working once in a while to ‘keep their hand in’! Any time worked is considered a KIT day. For example, if you attend a 1-hour meeting and don’t do any other work on that day, this will still be considered as one of your KIT days.

You don’t have to work any KIT days if you don’t want to, but be assured that working a KIT day won’t affect the continuity of your adoption leave or pay. If you do work a KIT Day, you’ll maintain your SAP or be paid your normal pay for any time worked (whichever is greater).

You can request to work a KIT day at any time during your adoption leave by speaking to your line manager or via Zellis Employee Self Service (Your Family Leave > KIT/SPLIT Day(s) Request).

Can I look for and apply for jobs whilst I’m on adoption leave?

Yes, you can browse current vacancies at our co-op on our careers website, where you can also make an application. 

How do I let you know when I will be returning from adoption leave?

Let us know in Zellis Employee Self Service (Your Family Leave > Intention to Return to Work). If you wish to return prior to taking the full 52-week period of leave, you’ll need to provide 8 weeks’ notice. Whilst we’ll do our best to accommodate your plans, we might need to delay your return if you don’t give us proper notice. If you would like to speak with somebody prior to submitting the form, you can have a chat with your line manager or contact the People Team.

Will I have a return to work meeting after adoption leave?

Once you’ve completed the form in Zellis Employee Self Service, your line manager will contact you to arrange a time to discuss your return to work (this can take place over the phone too, if easier). We will treat this ‘welcome back’ meeting as a KIT day so you’ll be paid accordingly. You don’t have to attend this meeting, but it is there to support you.

Will I return to the same job after adoption leave?

You are entitled to take up the same job you had before your adoption leave, if you return to work immediately after your period of ordinary adoption leave (26 weeks). If you return later (during / after additional adoption leave), you may be offered a similar job if it’s not reasonably practicable for you to resume your previous role. The terms and conditions of this role will not be less favourable. If there are any major changes to the business during your period of adoption leave (e.g. a restructure), we will contact you to discuss these further, as appropriate.

Can I use my holiday to take extend my period of adoption leave?

Yes, you should use any holiday you have accrued during your period of adoption leave before returning to work. You cannot take holiday whilst on adoption leave / pay, so colleagues request to use their holiday in different ways. These are some examples:

• End their adoption leave from the unpaid period (40th week) and take holiday (and return to work immediately after this period).
• Take holiday at the end of the full 52-week period.
• Use holiday in the initial few weeks of returning to work (so only ‘working’ part-time hours).

Please discuss this during your welcome back meeting (or with your line manager via other means / at an earlier opportunity).

I would like to return to work but I might need some changes, like different working hours. What should I do?

We understand that your circumstances have changed. We’re committed to exploring any changes to your working arrangements you may need to enable you to return to work and to balance your commitments. You may have already started discussing this with your line manager during any contact you’ve had with them whilst you’ve been on adoption leave.

You can view our flexible working policy, including details of how to make a request here, Flexible Working. It is important to point out that if you intend to make a flexible working request, we have up to three months to handle your application. Whilst, in the vast majority of cases, we will respond much quicker than this, it’s important to bear this in mind, especially if you’ll need different working arrangements immediately on your return.

I won’t be returning to work. What do I need to do?

Please let your line manager know as soon as possible, giving notice as required by your contract of employment. You’ll be processed as a leaver in the normal way and, on the first available payday after your leave date, you’ll receive any monies due (including payment for any accrued and outstanding holiday). Please see Leaving our Co-op for more information.