Maternity Benefits Scheme April 2007

ADOPTION BENEFITS SCHEME

The following guide has been produced in line with The Work and Families Act 2006. This document is intended to apply to employees whose child is due to be adopted on or after 1 April 2007.

CONTENTS:

Adoption Benefits Scheme Guide 3

Introduction to Adoption Rights and Benefits 3

Important Dates & Terms used in this Guide 4

Parents Adopting a Child from Overseas 4

Notification of Adoption and Leave 5

Adoption Benefits Explained 6

Adoption Leave & Pay Entitlements 7

Contact during Adoption Leave 8

Keeping-In-Touch Days 8

Annual leave and Adoption Leave 8

Returning to Work 9

Flexible Working / Change of Hours 9

Resigning whilst on Adoption Leave 9

Pension Contributions during Adoption Leave 10

Loss of Entitlement to Adoption Benefits 11

Frequently Asked Questions 11

Summary of Adoption Pay & Leave Entitlements 12

Summary of the Process 12

Appendices

A - Application for Adoption Leave and Pay 13 THIS PAGE IS INTENTIONALLY BLANK

-2- ADOPTION BENEFITS SCHEME GUIDE

New rights to adoption leave and pay apply if your child (under the age of 18 years) is due to be adopted on or after 1 April 2007. This Adoption Benefits Scheme Guide gives details of:

 your entitlements to adoption leave and pay  the actions that you must take and the deadline dates both for notifying us of your planned adoption / intention to take adoption leave and also your return to work.

The information contained within this document relates to both your statutory entitlement and if applicable your occupational entitlement. These two different adoption schemes operate in conjunction with one another. Your level of entitlement to adoption benefits will depend on your length of qualifying service with Bournemouth University.

This guide is intended to help you identify your entitlements to adoption leave and adoption pay and to answer those questions which arise most frequently. However if you have any queries which are not covered in the guide please contact Human Resources for advice / support.

INTRODUCTION TO ADOPTION RIGHTS AND BENEFITS

The right to adoption leave and pay is available to men and women (whether couples who are married, unmarried, in a civil partnership or single) who adopt a child through an approved adoption agency. Adoption benefits are available to;

 individuals adopting a child on their own, or  one member of a couple adopting a child together.

Where a couple jointly adopt a child, only one of them will be entitled to take adoption leave (the couple can choose which). The other adoptive parent will normally be entitled to take paternity leave, provided that he or she meets the relevant statutory criteria.

Adoption and paternity leave are available whether a child is adopted from within the UK or from overseas.

Adoption leave and pay may be available to foster carers who go on to adopt a child if they satisfy the qualifying conditions;

 the adopter must have been matched with the child for adoption by an adoption agency, and  the child will be placed with them for adoption.

If the adopters apply directly to the courts for an adoption order, they will not be eligible for Statutory Adoption Pay or leave.

There is no entitlement to adoption benefits where a step-parent is adopting a partner’s child

In order to qualify for adoption benefits you must:

 be newly matched with a child for adoption by an approved adoption agency  have 26 weeks qualifying service with Bournemouth University leading into Matching Week.

-3- IMPORTANT DATES AND TERMS USED IN THIS GUIDE

Matching Week The week in which the person adopting a child is notified that they have been matched with a child. Placement Date This is when the child actually starts living with their new family. Formal adoption takes place later. OAL Ordinary Adoption Leave, the first 26 weeks of adoption leave. AAL Additional Adoption Leave, an additional 26 weeks of adoption leave that runs from the end of the OAL. OAL plus AAL give a total of 52 weeks adoption leave. Everyone is entitled to 52 weeks adoption leave. SAP Statutory Adoption Pay CAP Contractual Adoption Pay

PARENTS ADOPTING A CHILD FROM OVERSEAS

To qualify for leave and pay when adopting a child from overseas you must have received an Official Notification issued by or on behalf of the Secretary of State. Official Notification means a written notification, issued by or on behalf of the relevant domestic authority (the Secretary of State), that it is prepared to issue a certificate to the overseas authority concerned with the adoption of the child, or has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt and has been assessed and approved as being a suitable adoptive parent.

When adopting a child from overseas the Matching Date is the date on which Official Notification is received. The Placement Date is the date on which the child enters the UK.

Eligibility and entitlement to adoption benefits are as detailed in this document. The start date for adoption leave may, however, be either the date the child enters the UK or from a fixed date (as notified to your line manager and a member of Human Resources) up to 28 days after the date the child enters the UK

Whilst it is recognised that you may need to have agreed time off work beforehand to travel abroad to arrange the adoption and collect the child this should be handled through discussion and agreement with your line manager and Human Resources.

-4- NOTIFICATION OF ADOPTION AND LEAVE

You may choose whether to start your adoption leave from:

 the child’s placement date (whether this is earlier or later than expected), or  from a fixed date which can be up to 14 days before the expected placement date

In the case of an overseas adoption, adoption leave can start on the day on which the child enters the UK or on a chosen date no later than 28 days after the child enters UK.

Your adoption leave can start on any day of the week. Notice of intention to start adoption pay must be given to a member of Human Resources at least 28 days in advance, unless this is not reasonably practicable. Notice of intention to start adoption leave must be given to a member of Human Resources within 7 days of you being notified by the adoption agency that you have been matched with a child for adoption, unless this is not reasonably practicable.

You can do this by completing the “Application for Adoption Benefits” form and sending it to Human Resources (the form must be signed and sent hard copy to Human Resources). This form can be found in Appendix A, or alternatively it is available from the Human Resources IntraMap under General Forms.

Human Resources will respond in writing within 28 days of receipt of your “Application for Adoption Benefits” form confirming your entitlement to adoption leave/pay, relevant dates and other information relating to your adoption benefits.

You may bring forward / postpone the date on which you intend your adoption leave to start provided that you notify Human Resources in writing at least 28 days before the new start date (except where this is not reasonably practicable).

-5- ADOPTION BENEFITS EXPLAINED

Eligible employees who adopt a child through an approved adoption agency are entitled to 26 weeks OAL and 26 weeks AAL making 52 weeks leave in total.

There are two types of adoption pay. Statutory Adoption Pay (SAP) is money the University pays to you on behalf of the Department for Work and Pensions while Contractual Adoption Pay (CAP) is money due to you under your terms and conditions of employment. Your average weekly earnings will determine the rate of your entitlement to adoption pay.

Adoption pay is calculated on all earnings actually received during the 8 weeks prior to the Matching Week. This includes any overtime payments, but not travel expenses, etc. and applies even if you work variable hours or during term time only.

Entitlement to SAP and CAP is dependent on certain criteria being met relating to earnings and length of service. For SAP purposes if your earnings are below the level at which National Insurance is payable (LEL, the Lower Earnings Limit), you will not qualify for payment of SAP. The Lower Earnings Limit with effect from 1 April 2012 is £107.00 per week. On receipt of your completed “Application for Adoption Benefits” Human Resources will notify you if SAP is not payable. The following page gives details relating to length of service requirements for both SAP and CAP.

When CAP is payable, then this is offset against SAP in the first 6 weeks, but paid in addition to SAP in the following 12 weeks. Your entitlement to CAP plus SAP will be capped to the maximum of your normal salary. SAP is payable for a maximum period of 39 weeks.

Both SAP and CAP are treated as earnings and are therefore subject to Income Tax and National Insurance deductions. Adoption pay will be paid into your bank account in the same way, and on the same date, as normal salary payments. Payslips will be sent to your home address.

During your adoption leave you will continue to be eligible for general pay awards and consideration for pay progression/salary increments providing that you meet the scheme’s criteria. If you have any queries regarding any payments made to you while you are on adoption leave please contact the Payroll team.

If you are a member of one of the University’s pension schemes, pension contributions will continue to be deducted whilst you are in receipt of adoption pay. During any period of unpaid adoption leave it is possible to arrange to make pension contributions / buy additional pension in order to avoid a gap in the contribution record. Further information is contained later in this guide.

-6- ADOPTION LEAVE & PAY ENTITLEMENTS

Your level of entitlement to adoption benefits will depend on your length of continuous service with Bournemouth University. However, you are only entitled to one period of leave irrespective of the number of children placed as part of the same arrangement. After any period of adoption leave you have the right to return to your post, or a suitable alternative post on similar terms and conditions of service.

1. MORE THAN ONE YEAR’S CONTINUOUS SERVICE INTO THE MATCHING WEEK:

Leave: You are entitled to 52 weeks leave.

SAP: 39 weeks SAP (with effect from 1 April 2012 this amount will be £135.45 per week or 90% of your average weekly earnings if this is lower than £135.45 per week).

CAP: 6 weeks at full pay, (though this is largely offset by SAP) plus a further; 12 weeks additional contractual benefit of 50% of salary in addition to SAP, providing that you return to work for at least 13 weeks following your leave. (For the remaining 21 weeks you will receive SAP as detailed above)

Payment of the 12 weeks additional contractual benefit of 50% of salary is normally made during weeks 7-18 of your adoption leave, but you may defer this payment until you have returned to work for 13 weeks if you prefer, when it will be paid in a lump sum.

If you fail to return to work for 13 weeks following your adoption leave for any reason, you will be required to repay the 12 weeks additional contractual benefit of 50% of salary to the University.

2. MORE THAN 26 WEEKS CONTINUOUS SERVICE BUT LESS THAN ONE YEAR’S SERVICE INTO THE MATCHING WEEK:

Leave: You are entitled to 52 weeks leave.

SAP: 39 weeks SAP (with effect from 1 April 2012 this amount will be £135.45 per week or 90% of your average weekly earnings if this is lower than £135.45 per week).

CAP: You will not be entitled to CAP during your adoption leave.

-7- CONTACT DURING ADOPTION LEAVE

You and your Line Manager are encouraged to maintain reasonable contact whilst you are on adoption leave. This may be to discuss your plans for returning to work, to discuss any special arrangements to be made or training to be given to ease your return to work or simply to update you on developments at work during your absence.

The way in which contact will be made and the frequency of any contact should be discussed and agreed by you and your Line Manager prior to your adoption leave.

Whilst you are under no obligation to do so, it would assist the University if you can confirm, as soon as it is convenient during your adoption leave, the date on which you are planning to return to work.

KEEPING-IN-TOUCH DAYS

You are able to agree with your line manager to work for up to 10 days during your adoption leave without that work bringing your adoption leave to an end and without loss of a week's SAP/CAP. These days are known as keeping-in-touch days and may be used for training or any other activity undertaken to assist you in keeping in touch with the workplace, such as attending conferences, appraisals or team meetings.

Any work undertaken on keeping-in-touch days will be by agreement with you and your line manager. These are not compulsory or automatically paid in addition to your adoption payments. Keeping in touch days do not extend the adoption pay period.

If keeping in touch days are used Human Resources will confirm how many days you have attended work with your Line Manager at the end of your adoption leave and arrange for payment of these days to be made at your normal contractual rate less any adoption pay which you have already received for those days.

Once the 10 keeping-in-touch days have been exhausted, you will lose a week's SAP for any week in which you work for your employer during the SAP payment period.

ANNUAL LEAVE AND ADOPTION LEAVE

Your annual leave entitlement will continue to accrue at your contractual rate during your adoption leave.

You should be aware that once you return to work the normal rules for carrying annual leave forward will apply, therefore, you are encouraged to use any annual leave accrued immediately prior to and/or immediately following your adoption leave. If you are unsure, please seek advice from a member of Human Resources.

If it is agreed that you are returning on reduced hours, then you will need to discuss with your Line Manager how your accrued leave can be most conveniently taken. For example, it may be appropriate to take that leave before the reduced hours come into effect at the end of your adoption leave.

-8- RETURNING TO WORK

You are entitled to remain on adoption leave for a period of 52 weeks and the law requires the University to assume that it is your intention to take the maximum leave to which you are entitled, unless you notify us otherwise.

To return to work earlier than the end of your full 52 week adoption leave entitlement you must give at least 8 weeks notice of your return, in writing to your Line Manager and Human Resources. Where the required notice is not given then your return may be postponed to such a date as will give the University 8 weeks notice, provided that this is not later than the end of your full adoption leave entitlement.

Although it may be difficult to make a decision about when you will return to work, the more notice you can give your line manager of your plans then the easier it will be for them to plan for your return.

If you will be taking annual leave at the end of your adoption leave but prior to physically returning to work please confirm the dates that you propose to take annual leave in order for the necessary arrangements to be made to allow Payroll to make appropriate payments.

If you are unable to attend work at the end of your adoption leave due to sickness or injury you may claim sick leave and sick pay in accordance with the University’s sickness benefits scheme subject to the provisions detailed in the scheme guidelines.

FLEXIBLE WORKING / CHANGE OF HOURS

You have no statutory or contractual right to return from adoption leave on different hours or terms and conditions. However, the University will consider favourably any request to reduce or alter working hours. While service delivery needs must be a priority, and it is not possible to guarantee that any such request will be authorised, the University will make every effort to reach an agreement on mutually convenient working hours.

If you would like this option to be considered, you should speak to your line manager as soon as possible and also notify a member of Human Resources. There is also a formal procedure for requesting flexible working which can be found on the Staff Handbook IntraMap as part of the University’s Well-Being at Work Policy.

For information on additional leave provisions please refer to the Parental Leave and Career Break sections of the Staff Handbook.

RESIGNING WHILST ON ADOPTION LEAVE

If you decide not to return to work after your adoption leave then you should notify your Line Manager and Human Resources, in writing, giving your contractual period of notice and stating the date of your resignation. If you do not specify a date then your resignation will be effective from the end of the SAP period.

If you have elected to receive the 12 weeks CAP at 50% of salary you will be required to pay this back to the University. The repayment amount will be notified to you by Human Resources.

-9- PENSION CONTRIBUTIONS DURING ADOPTION LEAVE

1. MEMBERS OF THE TEACHERS’ PENSION SCHEME (TPS)

If you are a member of the TPS, you will automatically pay pension contributions during your adoption pay period. The contributions that both Bournemouth University and you will pay will be based on the actual salary/adoption pay that you receive during this period.

TPS members are not able to continue to pay pension contributions during any period of unpaid adoption leave. However, upon your return to work from adoption leave it is possible for you to elect to purchase Additional Pension up to a maximum of £5000 per annum. You can do this at different times and buy the additional pension in multiples of £250. You can choose to make a one off payment, or you can have monthly deductions taken from your salary. Staff wishing to add to their pension in this way should request to do so in the relevant section of the Application for Adoption Leave and Pay form. You will then receive Teachers Pensions Leaflet “Additional Pension” which contains the election form ADD PEN. The completed form ADD PEN should be returned to Human Resources for forwarding to Teachers’ Pensions.

2. MEMBERS OF THE LOCAL GOVERNMENT PENSION SCHEME (LGPS)

If you are a member of the LGPS, you will automatically pay pension contributions during your adoption pay period. The contributions that Bournemouth University pays will be based on your normal monthly salary; however the contributions that you pay will be based on the actual salary/adoption pay that you receive during this period.

LGPS members may elect to continue to pay contributions during an unpaid period of adoption leave. If you decide to pay, the contributions due will be based on the adoption pay received immediately before the period of unpaid leave commenced. You will only be required to pay the employee contribution. The university will pay the employer contribution. Staff wishing to maintain their pension contributions in this way should elect to do so in the relevant section on the Application for Adoption Leave and Pay form.

If you elect to maintain your LGPS pension contributions during a period of unpaid adoption leave, you may do so either:-

(i) by paying a lump sum on your return to work; or (ii) by authorising monthly deductions from your salary over an agreed period of time on your return to work.

-10- LOSS OF ENTITLEMENT TO ADOPTION BENEFITS

You will lose your entitlement to adoption pay if:

 You start work for another employer in the week after you were notified of having been matched with a child you will not be able to receive SAP for any week in which you do any work for that employer. This does not apply if you return to work for another employer with whom you were already employed in your Matching Week.

 You return to work for the University (with the exception of 10 keeping-in-touch days).

 The adopted child turns 18 years old. Adoption leave and pay will end at the end of the week in which this occurs.

 You are taken into legal custody.

Please note it is your responsibility to inform the University if any of these should occur.

FREQUENTLY ASKED QUESTIONS

1 What happens if I have more than one job with Bournemouth University or a second job with another employer?

Provided you satisfy the qualifying rules set out in this scheme you can receive SAP from 2 employers. However, if you have two employments with Bournemouth University SAP can only be paid twice if NI contributions are paid separately on each contract and you satisfy the qualifying conditions in respect of each contract.

2 Am I still eligible to receive adoption pay if I am employed on a temporary contract of employment?

Provided you have been employed for 26 weeks prior to the Matching Week, are still employed in that week and you satisfy the national insurance lower earnings limit rule and other conditions regarding notification you will be entitled to the adoption entitlement that your continuous service qualifies you for. If your contract ends between the Matching Week and the end of the adoption pay period the University will continue to pay your adoption pay until the end of the adoption pay period, even though you are no longer an employee.

4 What if things go wrong? Do I receive adoption benefits in the event of the child’s death or the placement being terminated?

If the child dies or the placement is terminated after the Matching Week or later you will be entitled to receive the adoption pay and leave benefits you would be entitled to for a further 8 weeks.

-11- SUMMARY OF ADOPTION PAY & LEAVE ENTITLEMENTS

LENGTH OF CONTINUOUS ADOPTION PAY LEAVE SERVICE less than 26 weeks by Matching You do not qualify for payment of SAP or CAP You do not qualify Week for adoption leave

26 weeks by QW but less than 1 39 weeks SAP only (£135.45 per week or 90% 52 weeks years service at Matching Week of salary if lower wef 01/04/12) more than 1 years service at SAP & CAP: 52 weeks Matching Week 6 weeks – full pay (including SAP) 12 weeks – half pay (plus SAP, but not exceeding full pay) 21 weeks – SAP

SUMMARY OF THE PROCESS

The adoption leave process is summarised below:

1. Read this guide thoroughly and if you have any queries or areas of concern, contact Human Resources for further advice (Tel 01202 961133).

2. Notify Human Resources of your intention to take adoption leave by submitting “Application for Adoption Leave and Pay” form. You should do this as soon as is reasonably practicable.

3. Human Resources will confirm in writing, within 28 days of receiving notification of your adoption leave plans, details of your entitlement to adoption leave and the date on which you are expected to return to work if you take your full entitlement to adoption leave.

4. You will receive a Matching Certificate from the adoption agency (if adopting from overseas you will receive Official Notification from the Secretary of State). You should send a copy of this to Human Resources as soon as you receive it, regardless of when you are taking your adoption leave. No adoption payment can be made until this has been received.

5. If you are returning to work early (i.e. before you have taken 52 weeks adoption leave) you should confirm your date of return to work, giving a minimum of 8 weeks’ notice.

6. Finally, if there are any changes to your circumstances please inform Human Resources as soon as possible so that we can provide you with the necessary advice.

-12- Bournemouth University Appendix A

Application for Adoption Leave and Pay

Please read the Adoption Benefits Scheme Guide available from the Staff Handbook section of the Human Resources IntraMap before you complete this form. Please complete the form in block capitals.

PERSONAL DETAILS

Name: NI. Number:

School/Prof Service:

Post: ______Location:

Home address:

Post code: ______Tel Nos: (home) ______(work)

DATES 1. Date Received Notification of Matching / Official Notification: ______

2. Expected Placement Date / Expected Date of arrival in UK: ______

3. I intend to start my adoption leave on ______

4. My Matching Certificate / Written Notification is attached/has been forwarded/will follow as soon as possible (delete as appropriate)

Please select the following as applicable:-

EMPLOYEES NOT INTENDING TO RETURN TO WORK FOLLOWING ADOPTION LEAVE  I am resigning and apply for any adoption payments to which I may be entitled. I understand that I will not have the right to return to my job should I change my mind later. OR  It is not my current intention to return to work after my adoption leave. Following the placement of my child I will provide a letter of resignation to my Line Manager and Human Resources in line with the notice requirements specified in my terms and conditions of employment.

EMPLOYEES INTENDING TO RETURN TO WORK FOLLOWING ADOPTION LEAVE  It is my current intention to remain absent on adoption leave for the full 52 weeks. OR  It is my current intention to return to work before the end of the full adoption leave period. I will give at least 8 weeks notice of my intended date of return.

If during your adoption leave you change your mind about when you intend to return to work, you must give at least 8 weeks notice of your new date of return. Failure to do so may result in the university postponing your return until the 8 weeks have elapsed.

CONTRACTUAL ADOPTION PAY (STAFF WITH MORE THAN ONE YEAR’S SERVICE ONLY)  In consideration of the University granting me half pay during weeks 7 - 18 of my adoption pay period, I undertake to return to work after my adoption leave for a period of not less than 13 weeks. Should I fail to do so, I undertake to refund to the University the 12 weeks at half pay that I have received. OR  I wish to postpone payment of my Contractual Adoption Pay (12 weeks at half pay) until after I have returned to work for at least 13 weeks following my period of adoption leave. Continued…. /

-2- Form MATC (Page 2)

PENSION CONTRIBUTIONS (IF APPROPRIATE) Please read the Pension section of the Adoption Benefits Scheme Guide (page 9) before completing the following;

Members of the Teachers’ Pension Scheme

 I wish to pay pension contributions during my adoption pay period only, OR

 I wish to elect to purchase additional pension. Please send me Teachers Pensions leaflet Additional Pension and election form ADD PEN.

Members of the Local Government Pension Scheme

 I wish to pay pension contributions during my adoption pay period only, OR

 I wish to pay pension contributions for both paid and unpaid adoption leave. It is my current intention to pay contributions for the unpaid period as follows:

 as a lump sum when I return to work, or  by deduction from my salary over an agreed period when I return.

DECLARATION

I have read and understood the University’s Adoption Benefits Scheme Guide and apply for adoption benefits to be paid as detailed.

If I have elected to receive payment of 12 weeks half pay element of my CAP I agree that if I do not return to work, or do not remain at work for at least 13 weeks following my adoption leave, I will refund the appropriate part of my Contractual Adoption Pay (12 weeks half pay). I hereby authorise the appropriate deduction to be made from any monies due to me from the University and agree to repay any outstanding sum within one month of my decision not to return to work at the University following my Adoption Leave.

Signed______Date______

Please send this form, if possible along with your Matching Certificate / Official Notification, to Human Resources, Melbury House as soon as possible but no later than 28 days before the expected week of placement unless this is not reasonably practicable.

If your Matching Certificate / Official Notification is not available at this stage it should be forwarded as soon as possible.

Human Resources will confirm in writing, within 28 days of receiving notification of your adoption leave plans, details of your entitlement to adoption leave and the date on which you are expected to return to work if you take your full entitlement to adoption leave.

For Human Resources use only:

Authorised Date