Returning to work after your adoption leave

When entitlement to adoption leave and pay automatically ends

Entitlement to adoption leave and pay will automatically end in the following circumstances:

• Where the adopter has taken their full 52 weeks of adoption leave
• Where the adopter returns to work (other than for KIT days) - periods of annual leave added to the end of adoption leave are considered a return to work
• Where the adoption placement does not take place or breaks down or where the child dies (the adoption leave ends eight weeks after such an event)
• Where the adopter ends their adoption leave early i.e. takes less than 52 weeks of leave to opt into Shared Parental Leave

When can you return to work

You can return to work any time after two weeks after the child has been placed in your care. If you are planning to return to work before the end of your full 52 week entitlement you must completed and submit the Notification of early return to work after maternity / adoption leave form. You should complete and return this form to hr-enquiries@york.ac.uk at least 8 weeks before your planned date of return.

Before you return to work

• If you intend to take your adoption leave in accordance with the statutory adoption entitlement (52 weeks), it is assumed you will be returning to work at the end of the total adoption leave period. The date of your expected return will have been confirmed to you in writing by HR Services before you started your leave. No further action is required unless you change your mind and decide to return to work early.
• If you decide to return to work early i.e. before 52 weeks, you have to formally notify the University. To do this complete and submit the Return to work from family support leave form. You must send this completed form to both your line manager and hr-enquiries@york.ac.uk (HR Services)
• If you are returning early but do not give the University the correct notice, we may postpone your return to work date until 8 weeks' notice has been given or until your 52 week's adoption leave expires.
• You may wish to talk to your manager about flexible working if you want to change your hours of work.

Returning to work

• If you return to work during or at the end of the first 26 weeks of leave (Ordinary Adoption Leave) you are entitled to return to the same job on the same terms and conditions that you had before going on leave, unless this is not reasonably practicable by reason of redundancy
• If you take more than the 26 weeks adoption leave i.e. take Additional Adoption Leave you are entitled to return to the same job on the same terms and conditions. If that is not reasonably practicable you are entitled to return to a job on terms and conditions no less favourable than the previous job

Reducing hours and flexible working

The University gives sympathetic consideration to a request from a full time employee who wishes to return to work on a part time basis after adoption leave. You are encouraged to discuss your situation with your line manager as soon as possible. You will need to complete a flexible working request at least 12 weeks before your return to work. This should be done in accordance with the Flexible Working Policy.

If you decide not to return

If you decide not to return to work after adoption leave, you must give written notice to your line manager of your resignation. It is helpful to receive as much notice as possible, but this should not be less than the notice period in your contract of employment. Where appropriate, a payment will be made in lieu of annual leave not taken before the start of adoption leave and calculated up to the last working day.

Failure to return to work at the end of adoption leave will be treated as unauthorised absence unless you are sick and produce a medical certificate to cover the absence from the end of the adoption period. Where you fail to return to work by the agreed date, without explanation, this may be treated as unauthorised absence.

Where you have benefitted from Occupational Adoption Pay you must return to work for a minimum of 3 months after adoption leave. If you do not, the University will normally reclaim some of the adoption pay paid to you. The amount to be reclaimed would be the non-statutory element of adoption pay. The University's decision to reclaim any excess paid will take account of the circumstances of the individual case.