Internal, Adoption Policy, Version1, Page 1 of 6

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Internal, Adoption Policy, Version1, Page 1 of 6

or voluntary adoption agency to do this, then the adoption process is similar to a UK adoption, and you are entitled We want to support parents and this document outlines

to adoption leave and pay, if eligible.

Tesco’s policy regarding adoption leave. It is subject to change from time to time so please ensure you are

NB: Each adoption can be different – the Matching

reading the most up-to-date version.

certificate is the document that gives the name and address of the adoption agency, the name and date of

We are committed to ensuring that you are informed of

birth of the child, the date when you’re notified that you’d

your adoption rights and receive the support you need at

been matched with the child and the date the agency

work during your adoption leave and on your return to

expects to place the child. A copy of this will be taken and

work.

placed in your colleague file and the actual form will be sent to Payroll. Surrogacy

This policy is applicable to Tesco colleagues who are the primary carer (the primary carer is the person who opts to take adoption leave while their partner can take paternity leave) when adopting one or more children. It’s is to be used as a reference to provide an overview of the key facts.

A surrogacy arrangement can be slightly different as the woman who gives birth is legally the mum (and has the right to keep the child - even if they’re not genetically related) and the child’s legal father is the surrogate’s husband/partner. If you’re an intended parent in a surrogacy arrangement, you can only take adoption leave and pay (assuming you qualify) if the legal rights to the child are transferred to you through a parental order or adoption.

You will have a number of meetings to attend with social workers, before you are matched with a child. Where possible these should be outside of your normal working times (and we can arrange your shifts accordingly). However, the primary carer is legally entitled to up to 5 days paid leave to attend these pre-adoption appointments and the secondary carer will be legally entitled to 2 unpaid days off work to attend pre-adoption appointments Your manager can request proof of attendance at these appointments. Notice to take adoption leave You should provide your Matching Certificate and your ‘Notification of Adoption Leave’ form to your Personnel Manager within 7 days of the date that you are told you have been matched with a child. If this is not possible, you should inform us as soon as you are able to. Leave can start at any time after we have received these documents but we need 28 days’ notice for any adoption pay period to start.

If you can provide a parental order then this can be accepted in place of a matching certificate. You must notify Tesco in or before the 15th week before the due date on the MatB1 that you intend to take Adoption Leave and you must tell us the due date. You then need to give us at least 28 days’ notice for any adoption pay period to start. We may then request that you provide us with a “parental statutory declaration” However, it may be that you’re not given a matching certificate or parental order immediately after the birth of the child. In the period between the birth of the baby and the parental order being granted, you can provide a “parental statutory declaration” (stating that you have applied or intend to apply, with another person, for a parental order and expect the court to make such an order). Single people cannot apply for a parental order. An intended parent must be the egg or sperm donor in order to apply for a parental order, and in a relationship where you and your partner are either husband and wife, civil partners or living as partners.

Adoption leave and pay is only available to you if you’re adopting through an agency in the UK as this is an adoption that is legally recognised. If you are adopting a child from overseas, and you are using your local council Internal, Adoption Policy, Version1, Page 2 of 6

If you cannot apply for a parental order because neither you or your partner are genetically related to the baby i.e. donor egg and donor sperm or donor embryos were used, then adoption of the baby is the only option available to you and adoption leave can’t be given until you have a matching certificate which may be a few months after the birth of the child. Other considerations Appropriate support will be given to you if your adoption fails after the placement. You will be given the opportunity to return to work as soon as possible if you wish. If, however, you wish to remain on adoption leave this will be discussed with you sympathetically. Compassionate leave will be considered for you if you’re a surrogate parent where the surrogate miscarries, the baby dies or some other reason why the adoption does not proceed.

Pay In order to qualify for adoption pay you must earn at least £112 a week in the two pay periods directly before the date of the matching certificate (not the placement date). What you may be paid while on adoption leave depends on:  

your length of service; and if you pay tax or National Insurance during the specific eight week period we use to calculate pay

Payroll will calculate what adoption pay you are entitled to and will write to you confirming this shortly after you have started your adoption leave. Adoption Pay

Exceptions

Length of Service by the date of the matching certificate

You don’t qualify for Statutory Adoption Leave or Pay if you:

Less than 26 weeks

Not entitled to Statutory Adoption Pay from Tesco. May be entitled to Adoption Allowance from Jobcentre Plus (or the Department of Work & Pensions).

26 weeks to 2 years

39 weeks’ pay:

 

arrange a private adoption become a special guardian or kinship carer

 

adopt a stepchild adopt a family member or stepchild

Leave for the primary carer

First 6 weeks at 90% of average weekly earnings calculated in the last 2 complete pay periods before the date on the matching certificate

Only one period of adoption leave is granted per adoption, regardless of how many children you adopt at the same time.

Then, 33 weeks at the lower rate of Statutory Adoption Pay. This is £139.58 or 90% of earnings whichever is lower.

Adoption leave is 52 weeks and the first 2 weeks immediately after the placement are compulsory.

2 years+

The earliest you can start your adoption leave is 14 days before the child starts living with you permanently (their placement date) (for overseas adoptions you can start their adoption leave when the child arrives in the UK or within 28 days of this date). You can work right up to the day the child is placed if you choose.

39 weeks’ pay: First, 6 weeks at either normal contractual weekly rate of pay, or the average of the last in the last 2 complete pay periods before the date on the matching certificate, whichever is higher Followed by:

We assume that you will take your full entitlement to adoption leave. If you would like to return earlier, we will ask for up to eight weeks’ notice.

8 weeks of the lower rate Statutory Adoption Pay enhanced to the equivalent of normal contractual weekly pay.

During adoption leave, you will continue to receive the benefit of all contractual terms and conditions as if you were still at work (except normal pay) such as company car allowance.

The above payments are inclusive of Statutory Adoption Pay

Internal, Adoption Policy, Version1, Page 3 of 6

Followed by: 27 weeks at the lower rate of SMP. This is £139.58 or 90% of earnings whichever is lower

Length of Service by the date of the matching certificate

Adoption Pay

All WL4 and 5’s appointed to this level before 1st February 2011

39 weeks’ pay:

If contractual pay is lower than Statutory Adoption pay, then any Tesco enhanced pay will be paid at 90% of average earnings. If you leave after your qualifying week then you will receive your statutory adoption pay as a lump sum payment in your last pay.

First, 6 weeks at either normal contractual weekly rate of pay, or the average of the last in the last 2 complete pay periods before the date on the matching certificate, whichever is higher

Authorised deductions may continue to be taken from adoption pay. For more information on deductions, please login to www.ourtesco.com.

Followed by:

The majority of benefits will remain unchanged while you are on adoption leave. Please login to www.ourtesco.com for information on how your benefits will be affected.

20 weeks of the lower rate Statutory Adoption Pay enhanced to the equivalent of normal contractual weekly pay. The above payments are inclusive of Statutory Adoption Pay Followed by: 13 weeks at the lower rate of SMP. This is £139.58 or 90% of earnings whichever is lower At least 26 weeks, but earnings are below the Lower Earnings Limit of £112 a week for 2015/16

Not entitled to Statutory Adoption Pay from Tesco. May be entitled to Adoption from Jobcentre Plus (or the Department of Work & Pensions).

If you resign or are dismissed after the end of the 15th week before your Expected Week of Childbirth

39 weeks’ pay:

However, we will pay 2 weeks’ contractual pay or average weekly pay (whichever is greater) to the colleague.

Benefits

Keeping in touch with work We may contact you while you’re on adoption leave, as indicated on the ‘Notification of Adoption Leave’ form. You’re able to work for up to 10 days while you’re on adoption leave without this affecting adoption leave or pay. These days at work are called ‘Keeping in Touch’ (KIT) days and can be taken as single days or a block of days, as agreed with your manager. If you use a KIT day while receiving full pay, then you won’t be paid anything extra however, may take a day off in lieu once you return to work. If you use a KIT day while receiving the lower rate Statutory Adoption Pay, we will top this up to your normal daily rate or you can choose take a day off in lieu once you return to work instead. If you use a KIT day while not receiving any pay, we will pay a full day’s pay.

First 6 weeks at 90% of average weekly earnings calculated in the last in the last 2 complete pay periods before the date on the matching certificate, whichever is higher Then, 33 weeks at the lower rate of Statutory Adoption. This is £139.58 or 90% of earnings whichever is lower. This is paid to the colleague in a lump sum.

Any entitlement to Statutory Adoption Pay and Leave will cease at the end of the week in which the adopted child becomes 18 years old.

Any work carried out while on adoption leave is classed as a ‘Keeping in Touch’ day, you can’t request 20 half days. Careers When you’re on adoption leave, you’ll be included in any talent conversations, where appropriate. Additional Paternity Leave (applicable if the child is due to be placed before 5th April 2015) Once you have taken 20 weeks adoption leave, you have the option of returning to work and your partner can take 26 weeks’ Additional Paternity Leave (and any remaining adoption pay).

Internal, Adoption Policy, Version1, Page 4 of 6

Shared Parental Leave (applicable if the child is due to be placed on or after 5th April 2015) You can opt out of adoption leave and into Shared Parental Leave. This is time off work that’s designed to give parents more flexibility in how to share the care of their child in the first year. As long as the qualifying criteria are met, you will be able to:  

be off work at the same time; or take it in turns to have time off to look after their baby

Holidays, Bank Holidays and Personal Day Holidays and Bank holidays continue to be accrued during adoption leave and we will automatically pay any accrued holidays in April after the end of the current holiday year, if you remain on adoption leave at this time. If you want to carry over your holidays, you need to inform your Personnel Manager of this before the beginning of March. Carried over holiday can be used in the following ways:  

We assume that you will take 52 weeks’ adoption leave. If you wish to return sooner, then you’re required to give us eight weeks’ notice. If you return to work within 26 weeks, you return to the same job you were doing before your leave. If you return to work after 26 weeks’ leave, we aim for you to come back to your previous role however, if this isn’t possible, we will place you in a similar role with the same terms and conditions and rates of pay.



take all of your holiday at the end of your adoption leave to give you longer off work; use holiday to help phase a return to work (as agreed with your manager); or use holidays in the normal way after you return.

Personal days should be taken in the normal way and will only be paid if you’re on adoption leave at the end of March.

We look after adoption returners and will consider retraining, job shadowing, handovers etc. where appropriate to facilitate a smooth return to work.

    

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1

1st April 2015

New policy

This document shouldn’t be shared with anyone externally without permission from your Director. This policy and any associated documentation remains the property of Tesco and should be returned if requested.

Internal, Adoption Policy, Version1, Page 6 of 6