The primary adopter is entitled to take up to 52 weeks of adoption leave. A minimum of 2 weeks leave must be taken following the date of placement. This includes those working in the UK on a visa and those adopting a child/children from overseas. 

Adoption leave is not available in circumstances where a child is not newly matched for adoption, for example when a stepparent is adopting a partner’s child/children.

In the case of overseas adoption, adoption leave cannot be used to cover the period you spend travelling overseas to arrange the adoption or visit the child.

No, only one member of an adoptive couple can take adoption leave and pay, therefore you must decide which will be the primary adopter.  The other adopter parent, if eligible, can take Paternity Leave and/or Shared Parental Leave (if adoption leave is curtailed).

The pay you receive depends on your length of service with the University.

In order to benefit from the University's enhanced adoption packaged, employees must:

Have been continuously employed by the University for 26 weeks at the end of the:

• UK adoption: week in which you are notified of being matched to a child. 
• Surrogacy adoption: 15th week before the EWC.
• Overseas adoption: week in which they receive official notification of the adoption.

If you meet the eligibility criteria, with effect from 11/09/2023, you will be entitled to:

• 22 weeks of full salary (inclusive of SAP)
• 17 weeks at the statutory adoption pay (SAP) rate per week (or 90% of your gross average weekly earning if this is less than this),
• 13 weeks unpaid. 

All adoption leave benefits are subject to tax and national insurance in the same way as your salary.

Employees with less than 26 weeks continuous service at the qualifying date will not be entitled to SAP. You may get support from your local council instead.

You must give 28 days’ notice before you want to be paid SAP unless the time between the child being matched and placed/born is less than that (see how to apply FAQ).

It is advised that you inform your manager of your adoption arrangements as early as possible.  

Although early notification is encouraged, you must submit the Adoption Leave Notification Form (located on HR Self-Service (My Forms):

• UK adoption: within 7 days of being notified that you have been matched with a child.
• Adoption via surrogacy: prior to the 15th week before the baby is due.
• Overseas adoption: within 28 days of receiving official notification. 

You may also submit a copy (scan or photo), both sides, of the matching certificate/MATB1/official notification, via HR Self Service (located under My Forms > Send documents to HR).  Human Resources will confirm your adoption leave dates in writing, no later than 28 days after receiving your completed notification form.

If you would like to speak to Human Resources before you inform your line manager, you can speak in confidence to your HR Business Partner or email HR Support and Advice (hr.support@st-andrews.ac.uk). 

Yes, employees who have been notified that they have been matched with a child for adoption have the right to take time off before the placement to attend appointments arranged by the adoption agency for the purpose of having contact with the child or for any other purpose connected with the adoption. 

For primary adopters (UK and overseas): You are entitled to paid time off for up to 5 appointments. For the other adoptive parent, you can accompany the primary adopter to 2 of these appointments at full pay. 

For surrogacy arrangements: You are entitled to accompany the surrogate to up to 2 antenatal appointments at full pay.

The University can require the employee to provide evidence of the appointment, in the form of a document (an email is acceptable) showing the date and time of the appointment and that it has been arranged by the adoption agency.

For UK adoption arrangements: From the date of the child’s placement or a fixed date which can be up to 14 days before the expected date of placement. 

For Adoption via surrogacy arrangements: Adoption leave will commence on the day on which the baby is born, or the day after. 

For Overseas adoption: From the day on which the child enters the UK or on a fixed date that is no later than 28 days after this date. 

If adoption leave commences unexpectedly e.g. because of earlier placement/birth, then you must notify your line manager and Human Resources (hr.support@st-andrews.ac.uk) of the date as soon as is reasonably practicable.

With effect from 11 September 2023, the University introduced Neonatal Care Leave "NCL". NCL applies to employees going on family leave from that date onwards. In the event that the child spends 7 consecutive days in neonatal care within the first 28 days from birth, you will be eligible to request NCL. You should ensure that your line manager is made aware of the admission and discharge date in order to process the leave. NCL must be taken no later than 68 weeks from the child’s date of birth. NCL can be used after your family leave has ended/curtailed. More information can be read in the Neonatal Care Leave Policy.

You should ensure that you have taken all the annual leave you have accrued since the beginning of the leave year (1 August) before starting your adoption leave.  You will not normally be allowed to carry these holidays forward.

You will continue to accrue annual leave whilst on your adoption leave.  The amount accrued will depend on the length of your adoption leave.  You can use your accrued annual leave directly after your adoption leave.  You should inform your line manager as soon as possible and at least 8 weeks before your adoption leave ends. 

Further information on annual leave can be found in the Annual Leave Policy.

KIT days allow employees to attend work during adoption leave and can be used to keep up to date with projects, attend training and events or other reasons that are beneficial.  KIT days are not compulsory and must be agreed in advance with your line manager.    

You can choose to be paid for the KIT day or take this as time off in lieu.  You will only receive payment/time off for the hours actually worked but it will be counted as one KIT day.   

Payment for KIT days cannot exceed full pay, inclusive of adoption pay.  If you work a KIT day during the period of full pay, you will receive no additional payment, if you use a KIT day during the statutory adoption pay period, your pay will be increased to your normal rate of pay, inclusive of SAP.  If you use a KIT day during the unpaid period or you do not qualify for adoption pay, your normal rate of pay will be processed.

Once you have completed a KIT day, you should complete a form via HR Self Service (under My Forms), which must be authorised by the line manager.  Payment will be made on the first pay date after Pay and Pension receive the form; provided it is received by the relevant salary cut off date.

Am I allowed to come back to work part-time?

You do not have an automatic right to return to work part-time, but you are entitled to ask. You should discuss this your line manager as early as possible.  Your manager does not have to agree to the request if it does not suit business needs.  Any change in your contracted hours could be permanent and you do not have a right to revert to full time hours in the future.  The Flexible Working Policy provides further information about this process. 

What happens if my fixed term contract end date is during my adoption leave? 

Your employment will still end but you will continue to receive adoption pay. If you are in receipt of the University’s enhanced adoption pay package, you will not be expected to repay the enhanced element. 

Fixed term contracts are not automatically extended in line with the period of adoption leave. If a fixed term contract ends during adoption leave the normal redundancy process should be followed. If your line manager wishes to extend your contract, they should discuss this with Human Resources and the Finance and Support Team (for external funding).  

Can I take an extended period of leave at the end of my adoption leave?

It may be possible for you to extend your adoption leave into a career break, but this must be discussed as soon as possible with your line manager and Human Resources no later than 8 weeks prior to your agreed return date. Any agreement on extended leave will depend on the varying circumstances of the job and must be approved by the relevant member of the Principal’s Office.

What happens if I decide that I don’t want to return to work? 

You should inform your line manager and Human Resources (hr.support@st-andrews.ac.uk) as soon as you have decided.

Do I still get an increment while I’m on adoption leave?

Yes.  Your entitlement to annual increments is unchanged.

What happens to the annual pay award if I’m on adoption leave?

You are entitled to the annual pay award and this will be administered as normal.

Who can take adoption leave?  

All employees (must be primary adopter) who adopt, including those working in the UK on a visa and those adopting a child/children from overseas, are entitled to up to 52 weeks of adoption leave.

Do I have to complete any forms?  

When an employee informs you of the adoption, they must submit an adoption leave notification form via HR Self Service.  The line manager will receive an electronic copy of the form via HR Self Service and will be asked to acknowledge/sign off before it is sent on to Human Resources.  The line manager should also inform the Head of School/Unit for awareness.  

How are adoption leave costs covered?

For internally funded posts, adoption costs are charged to the School/Unit’s salaries budget.  

If a post is externally funded, Human Resources will check with the Finance and Support Team whether the grant covers the costs of the adoption leave.  If it does not, these will be paid by the School/Unit salary budget.  

Who does the work whilst the member of staff is on adoption leave?  

A post may be covered by existing colleagues or by recruiting a temporary replacement, depending on business needs.  When determining the length of a cover post, you should consider any annual leave the employee may wish to use directly before/after their adoption leave (and any neonatal leave, if relevant).  Employees continue to accrue annual leave during their adoption leave, in line with the Annual Leave Policy. Requests for like for like adoption cover should be sent to the Director of HR (hrdirector@st-andrews.ac.uk). 

Are the entitlements the same if employees are on fixed term contracts?  

Employees on fixed term contracts are entitled to adoption leave and pay.  If a contract expires during adoption leave and the employee has enough qualifying service, they will be entitled to adoption pay. 

Fixed term contracts are not automatically extended in line with the period of adoption leave.  If a fixed term contract ends during adoption leave the normal redundancy process should be followed.  If you wish to extend a contract, you should discuss this with Human Resources, or the Finance and Support Team (for external funding).  

Am I allowed to contact a member of staff on adoption leave?  

Yes. A manager may make reasonable contact with an individual on adoption leave.   This should be agreed in advance of the employee going on leave. 

Can I ask an employee to work whilst on adoption leave?  

An employee can work during adoption leave by using keeping in touch (KIT) days, of which there are 10 in any adoption period. There is no obligation on an employee to work these days.   

Employees can choose to be paid for the KIT day or take this as time off in lieu.  Employees will only receive payment/time off for actual hours worked, but a full KIT day will be used.  Where payment is due, the employee should complete a KIT day form via Self Service.  Please note that an employee cannot receive more than a normal day pay i.e. if the work is undertaken when on full adoption pay, they will not receive an additional payment for any hours worked.    

Is there anything I should be aware of following an employee’s return to work?  

Managers should be aware that changes may have taken place during an employee’s adoption leave and should therefore ensure that the employee feels welcomed and updated accordingly on their return. 

An employee on adoption leave has the right to the same job, or if not reasonably practicable a similar job, on the same terms and conditions that they held prior to going on adoption leave.  Any problems should be discussed with your Human Resources Business Partner.  

Do I have to agree to a flexible working request or change of hours?  

An employee returning from adoption leave has the right to request to work flexibly and while efforts should be made to accommodate this, it may not always support business needs.  In such instances, you do not need to agree to the request but must inform the employee why the request is being turned down.  For further information please read the University’s Flexible Working Policy or contact Human Resources.  

Useful internal support contacts

Useful external support

• Adoption & Foster Care
• Surrogacy
• Scotland Adoption Register
• Adoption UK
• Adopting a child from abroad
• Brilliant Beginnings - Surrogacy
• Surrogacy UK
• Stonewall Scotland - Surrogacy
• Local nurseries
• Tax Free Childcare
• Statutory UK Gov calculator