Shared parental leave (adoption)
Shared parental leave (adoption)

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Shared parental leave (adoption)
  • Who is eligible — general
  • Meaning of adopter
  • Notification of matching for adoption
  • Adoption from abroad
  • Parental order parents
  • Eligibility conditions for the adopter
  • (1) Adopter's eligibility to take leave: conditions relating to him or her
  • (2) Adopter's eligibility to take leave: conditions relating to adopter's partner
  • Curtailment of statutory adoption leave
  • More...

Shared parental leave (adoption)

In essence, the right to shared parental leave allows, after adoption, the adopter of the child and a second person (who must be married to, or the civil partner of, or the partner of, that adopter) to share (if they wish) up to 50 weeks of leave to which the adopter would otherwise be entitled as adoption leave. It therefore does not increase the overall amount of leave that may be taken; rather, it allows that entitlement to be shared between those two people.

The legislation underpinning shared parental leave (the Shared Parental Leave Regulations 2014) came into effect on 1 December 2014.

However, the rights relating to taking shared parental leave only apply in relation to children who are placed for adoption on or after 5 April 2015.

By contrast, protection against being subjected to a detriment, or being dismissed, for reasons that relate to shared parental leave (see Detriment or dismissal because of shared parental leave) applies from 1 December 2014 onwards. Hence any detriment or dismissal done in the period 1 December 2014 to 4 April 2015 will be subject to these protections even though the child in question has not yet been placed for adoption. This no doubt reflects the need of those wishing to exercise the right to plan to do so, and communicate with his or her employer

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