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ADOPTION (LEAVE, PAY AND ALLOWANCE ARRANGEMENTS) ACT 2012

27 January 2012

The Adoption (Leave, Pay and Allowance Arrangements) Bill 2010-11 was introduced to Parliament last summer. The purpose of the bill is to equalise the eligibility for adoption leave with that of maternity leave.

This Act, cited as the Adoption (Leave, Pay and Allowance Arrangements) Act 2012 still has several stages to go through in the Houses of Parliament and we will keep members updated with its progress.

The Bill is to make provision to:

  • equalise leave, pay and allowance arrangements for adoptive parents with those of parents whose children are born to them;
  • to equalise eligibility for adoption leave and pay with that of maternity leave and pay; to equalise the rates of pay for the first six weeks of maternity leave and adoption leave;
  • to equalise the entitlement to allowances for self-employed adopters and self-employed mothers; and
  • for connected purposes

The Secretary of State shall conduct an analysis of the potential costs, benefits and desirability of equalising leave, pay and allowance arrangements for adoptive parents with those of parents whose children are born to them.

The analysis shall cover the following provisions—

(a) That a person who is employed and who is to adopt a child shall be
entitled to —

(i) the same pay and leave entitlements as those employees on
maternity leave, including no requirement for 26 weeks’
continuous employment before entitlement to adoption leave; and

(ii) higher rates of statutory adoption pay during the first six weeks of adoption leave.

(b) Providing for adoptive parents who are self-employed or in receipt of welfare benefits to receive a weekly payment during the adoption pay period equivalent to the maternity allowance paid to new parents whose children are born to them.

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