Labour Research March 2011

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Law Queries

Adoption leave

Q. Our member recently adopted a child and took adoption leave. Sadly, the adoption did not go as well as was hoped, and the child is now back with the adoption agency. Our member, who had been preparing for the adoption for a very substantial time, is understandably upset. The employer has told them that, as the adoption failed, their adoption leave is over and they must now return to work. Is this right?

A. Adoption leave does not end just because the placement has been disrupted. Adoption leave will come to an end, but under the terms of the statutory scheme, not immediately. Specifically, under the Paternity and Adoption Leave Regulations 2002 your member is entitled to take up to a further eight weeks’ additional leave.

There is one proviso to this. If the adoption leave was coming to an end anyway (for example, the 52-week leave period was less than eight weeks away) the individual will not be entitled to the full eight-week extension. They will only benefit from the remaining adoption leave up to eight weeks from the date the adoption was disrupted.

Similarly, where an individual whose adoption leave has been disrupted wishes to return to work, they will not necessarily be able to do so immediately: the employer can insist on notice of up to eight weeks.


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