If the child’s placement ends during the adoption/surrogacy leave period (for example, you are told that the placement will not be made or the child returns to the adoption agency), you will be able to continue adoption/surrogacy leave for up to eight weeks after the end of the placement unless the period of leave would have ended earlier than that in any event.
Where you have a fixed term contract and qualify for adoption/surrogacy leave, you will be accorded the same entitlements as comparable staff employed on permanent contracts. If there is funding available to extend a fixed term contract, the extension will be offered regardless of the adoption/surrogacy leave. A non-renewal of contract due to reasons related to adoption/surrogacy could constitute sex discrimination.
If the contract end date falls within the period of adoption/surrogacy leave and the contract is not renewed, any College benefits due will continue up to the date of termination of the contract and will cease on termination of employment. Where you are entitled to 39 weeks Statutory Adoption Pay and there has been less than 39 weeks of adoption pay at the termination date, the College will continue to pay the remainder of the Statutory Adoption Pay.
Where, as an alternative to adoption, the baby is the subject of a Parental Order following a legal surrogacy arrangement, there will be no legal entitlement to Statutory Leave and Pay. Therefore, all payments will cease on termination of employment.
If you commence you adoption/surrogacy leave at any time before the actual date of placement, you must be sure that the placement will be going ahead on the date agreed before they start their leave. If the placement is delayed for whatever reason and you have already begun your adoption/surrogacy leave, you cannot stop leave and start it again at a later date.
A partner cannot commence additional paternity leave until the member of staff has returned to work, it may then commence at 20 or more weeks after the child’s birth, or placement, in the case of adoption.
Further details can be found in the College’s Paternity/Maternity Support Leave policy, although it should be noted that this policy applies to College staff only and that members of staff whose partners are not employed by Imperial College should consult their own employer for information and guidance.
Once you notify your line manager and HR of the date you wish to start your leave, you can change this date provided you notify your manager and HR of the new start date by whichever is the earlier of:
- 28 days before the date she originally intended to start or leave
- 28 days before the new date you want to start your leave
Where it is not reasonably practicable for you to give this much notice (for example, in the case of maternity if the baby is born early and you have to start your leave straight away) then you do not have to give this notice. In these circumstances you should inform the College of the revised date as soon as is practicable.
Once a member of staff has notified her line manager and HR, in writing, of the intended start date of maternity leave, the Senior HR Administrator will, within 28 days, write to the member of staff to notify her of her rights and of the date on which her maternity leave will end.