Originally Posted By u k fan Hi Dave, I know you're busy, but I wondered if you'd have time to look at a couple of questions my friend who's adopting has as she's about to go to panel. Please email me or post here and we'll go from there!!!
Originally Posted By davewasbaloo Hi Kiz, I am happy to help if I can, but beware personal PC is broken thanks to JEssica and some orange juice, and I am away in Manchester at the mo. When is panel? Give Sarah a call and she can give you all of my professional contact details to get in touch.
Originally Posted By u k fan Hi Dave, thanks for this. Panel is april 9th, she has her last meeting with the social worker today. One of the main things she needs to know is how things work with employment law. Our boss is still in the dark, but my friend did once mention adoption and my boss's first reaction was to ask "When are you leaving?". I'll call Sarah tonight!!!
Originally Posted By davewasbaloo It depends on the nature of the contract, if it is a full time permanent contract, then she could be protected and entitled to a tribunal. Without going too legalese, here are their rights: <a href="http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Adoptionrightsintheworkplace/DG_10029406" target="_blank">http://www.direct.gov.uk/en/Pa...10029406</a> Here are her rights for leave, pay and rations: <a href="http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Adoptionrightsintheworkplace/DG_065163" target="_blank">http://www.direct.gov.uk/en/Pa...G_065163</a> Here are some simple guidelines: England Employment Parental rights at work Employment - In England Parental rights at work This information applies to England, Wales, Scotland and Northern Ireland Rights of working parents Paternity leave Adoption leave The right to ask for flexible working Maternity rights Extra rights given by the contract of employment Workers who do not have statutory maternity rights Time off for ante-natal care Right to work in a safe environment Dismissal or unfair treatment because of pregnancy Maternity leave Maternity Pay Tax credits Social security benefits Further information Rights of working parents Working parents have the following legal rights: paid and unpaid maternity leave paid paternity leave paid and unpaid adoption leave to request flexible working hours unpaid parental leave for parents of children under five (18 if your child is disabled) unpaid time off to deal with unexpected problems with the care of dependants. These rights apply to parents in same-sex as well as in opposite-sex relationships. For information about parental leave and time off work to care for dependants, see Basic rights at work. Back to top Paternity leave If you are a working father, you are entitled to one or two weeks’ paternity leave when you and your partner have a child. Some other people are also entitled to paternity leave – see below. You can also qualify for paternity leave when you adopt a child. Most fathers will be entitled to statutory paternity pay for their paternity leave. Statutory paternity pay is paid at the same rate as statutory maternity pay (see under heading Maternity Pay). To qualify for paternity leave for a birth, you must:- have been employed by the same employer for at least 26 weeks by the end of the 15th week before the expected week of childbirth; and be the biological father of the child, or be married to or be the partner of the baby's mother (this includes same-sex partners, whether or not they are registered civil partners); and have some responsibility for the child's upbringing; and have given your employer the correct notice to take paternity leave. To qualify for paternity leave for an adoption, you must:- be employed for at least 26 weeks by the time you are matched with your child for adoption. (You will not be entitled to paternity leave or pay if you already know the child, for example, if it's your stepchild) not be taking adoption leave. (Where you and a partner are adopting a child, one of you can take adoption leave and one paternity leave) have some responsibility for the child's upbringing have given your employer the correct notice to take paternity leave. When can you take paternity leave If you are taking paternity leave for a birth, the leave can start either on the day the baby is born or on a date that has been agreed in advance with your employer. Your paternity leave cannot start before the baby is born, and, if you are agreeing a date later than the birth of your baby, it must be completed within 56 of days of the birth. If you are taking paternity leave for an adoption, the leave can start either on the day that the child is placed with you, or on a date that has been agreed in advance with your employer. If you are agreeing a later leave date later than the date your child was placed with you, the leave must be completed within 56 days of the adoption date. Telling the employer about your paternity leave You need to be able to show your employer that you are entitled to paternity leave. To do this you must give the employer the following information:- your name the date the baby is due or the date of the birth. If you are adopting a child you should give the date that you were matched with your child or the date on which the child is placed with you the date when you would like your paternity leave (and pay) to start whether you are taking one or two week's paternity leave a declaration that you are entitled to paternity leave a declaration that you are taking leave to support the mother or care for the child. You can use self-certificates to provide this information to your employer. These self-certificates are available on the website of HM Revenue and Customs at: www.hmrc.gov.uk for a birth child and www.hmrc.gov.uk for an adopted child. You must also give your employer notice that you want to take paternity leave. The notice must be in writing if your employer asks for written notice. You must give notice 15 weeks before the baby is due or, if this is not practical, as soon as possible once you know you want to take leave. If you are adopting a child, you must give notice no later than seven days after the date you are matched with your child for adoption. If this is not practical you must give notice as soon as possible once you know you want to take paternity leave. If you change your mind about when you want to take paternity leave you can, but you should give your employer 28 days' notice of the changed date. Further information about paternity leave The website of the Department for Business, Enterprise and Regulatory Reform (BERR) has more information about paternity leave. Go to www.berr.gov.uk. The Directgov TIGER website at www.directgov.gov.uk can help you calculate paternity leave and pay. An organisation called Working Families has a text and e-mail service for fathers which gives more information about their rights at work. The text number is 0780 000 4722 and the e-mail address is edads@workingfamilies.org.uk. For more information in England, Wales and Scotland about paternity leave and paternity pay, see Rights of working fathers in Employment fact sheets. Back to top Adoption leave If you are a working parent who has been matched with a child for adoption or if you have had a child placed with you for adoption, you may be entitled to adoption leave. You must have worked for your employer for at least 26 weeks ending with the week in which you are notified you have been matched with a child for adoption. If you adopt a child from overseas there are different rules. In this case you must have worked for your employer for at least 26 weeks by the end of the week in which you receive official notification, or from the day you started working for your employer. Adoptive parents are entitled to up to 52 weeks’ adoption leave. Most parents will be entitled to Statutory Adoption Pay (SAP). This is paid at a flat rate of £117.18 a week, or 90 per cent of your normal weekly earnings, whichever is lower. This figure is correct if you start your adoption leave on or after 1 April 2008. The amount is different if you started your leave before then. You get SAP for 39 weeks. How long you can get SAP depends on when the child is adopted. If the child is expected to be placed with you for adoption before 1 April 2007, you'll get SAP for 26 weeks. If the child is expected to be placed with you for adoption on or after 1 April 2007, you'll get SAP for 39 weeks. You may also be entitled to some adoption pay under your employment contract. Where a couple adopts a child, only one parent is entitled to take adoption leave. The other parent may be able to take paternity leave (see under heading Paternity leave). This includes same-sex couples. Telling the employer about your adoption leave You must notify your employer that you want to take adoption leave no more than seven days after you have been notified that you have been matched with a child for adoption, or as soon as is practical after this. You must tell your employer the date on which you expect the child to be placed with you and the date on which you want your statutory adoption leave to start. The partner of a person who adopts, or in a couple the person who is not taking adoption leave, may be entitled to paternity leave and pay. The website of the Department for Business, Enterprise and Regulatory Reform (BERR) has more information about adoption leave. Go to www.berr.gov.uk. The Directgov TIGER website at www.directgov.gov.uk can help you calculate adoption leave and pay. Back to top The right to ask for flexible working If you are the parent of a child under six (or under 18 if your child is disabled), you have the right to ask to work flexibly. You must also have worked for your employer for at least 26 weeks and must be responsible for your child on a day to day basis. If you are caring for an adult, you also have the right to ask for flexible working. For more information about caring for an adult and flexible working, see Basic rights at work. Flexible working can include working part time, working school hours, working flexitime, home working, job sharing, shift working, staggering hours and compressing hours (where you work your total number of agreed hours over a shorter period). Although you have the right to ask to work flexibly, your employer doesn't have to agree to it. However, they must give your request serious consideration and have a good business reason if they decide not to agree. You can make one request to work flexibly each year. This must be in writing. You should say how you think the change in your working pattern will affect your employer's business and how this might work in practice. Your employer must also follow a standard procedure for considering your request. This includes having a meeting with you. If your employer wants to turn down your request for flexible working, they must give their reasons in writing. You have the right to appeal if your request is turned down. You must do this in writing, within at least 14 days of getting your employer's decision. You should give your reasons for appealing and make sure your appeal is dated. If your appeal for flexible working is refused, you may be able to: ask ACAS to help you sort out your dispute with your employer (in Northern Ireland this is the Labour Relations Agency). ACAS has set up a flexible working arbitration scheme to deal with this type of dispute. You can find out more on the ACAS website at www.acas.org.uk complain to an employment tribunal. You can only complain to an employment tribunal under certain circumstances, for example, where your employer hasn't followed the procedure properly for considering your request or where they haven't taken the right information into account when making their decision. You may also be able to make a claim to an employment tribunal for sex discrimination. For example, you can make a claim if you are a man and your request to work part-time to look after your children is refused when a request by a female employee would be accepted. If you are a woman, you may be able to make a claim on the basis that refusing to allow you to work flexibly is 'indirect sex discrimination'. This is because more women than men have childcare responsibilities. This is a very complicated area. If you want to make a claim to an employment tribunal because your employer has refused your request for flexible working, there are strict time limits and procedures to follow. You should get advice from an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB. You should also bear in mind that an employment tribunal may not be able to over-turn your employer's decision. However, it may be able to force your employer to reconsider your request or to award you compensation. For more information about the right to flexible working, go to the Directgov website at: www.direct.gov.uk/en/Employment. Directgov has an interactive tool which can help you work out the rights and options for your own particular circumstances. Sorry it is so little, but hopefully it will help. If you need anything else, please let me know.
Originally Posted By A Happy Haunt Your friend is a wonderful person. My friend is a foster mother & recently adopted one of her "kids"!
Originally Posted By u k fan A Happy Haunt, she and her husband have been trying for a child for years, they so desperately want to be parents. Thanks for the info Dave. This will be very helpful as I guarantee my emploter will do their best to get out of this. I did call Sarah, but the line was engaged so I left a message. You are free to say no, but when you are a bit more settled would it be ok to put my friend in touch with you as I think she would find speaking to you very helpful as she has lots of questions I'm sure you could advise on? Feel free to say no as I know you're very busy. Thanks again!!!
Originally Posted By davewasbaloo Over the weekend is probably best via telephone. Or if you google David Loyd-Hearn and go to the Capital Project Consultancy bit, you will find how she can get hold of me during the week (after Thursday is better for me as I have some major deadlines) - but the weekend is fine.
Originally Posted By avro_imagineer <<Your friend is a wonderful person. My friend is a foster mother & recently adopted one of her "kids"!>> It's particularly cute when they're younger and they say "I'm adoptedted". Although if the parent(s) have visitation rights sometimes it can harm the child in some ways (ie. morals, my "other mom" told me it's ok to steal and give to her). But beneficial in others. I'm all for people who open up their homes. It's a way to contribute and get rewarded. Tell you friend good luck.
Originally Posted By u k fan Dave, thanks again for the info, I have passed it on to my friend. I will give her your number, is there a best time to call? Also, let me know when you have enough of a break and we'll meet up. It's been too long!!!
Originally Posted By davewasbaloo Tell her to take her chances when she can (my diary can change by the minute lately). I will get back when I can as long as she leaves a message or keeps trying. I would love to hook up, I was hoping we could when I had December off, but it was crazy! Weekends are best, as always, best talking to Sarah when it comes to free time, she keeps my social schedule.
Originally Posted By u k fan I think we may be venturing into your neck of the woods next weekend (9/10th) so that Genesis can spend her birthday money. She doesn't know it yet, but she's getting at least £500!!!
Originally Posted By sarahwithbaloo OK just let us know when and I assume you mean MK. We could do lunch may be. When actually is Genisis' BD. Sorry I only found your message the next day (I'm terrible for finding ones left while on the phone sorry)
Originally Posted By u k fan Sarah, I am talking MK. Genesis's B'day is today. I'll let you know whewn we have firm plans, but lunch sounds good!!!
Originally Posted By u k fan Hi Guys, sorry I meant to call you this evening, but I ended up going out. We are coming to MK on saturday if you want to meet up. We will be out tomorrow night, but if you want to call Mum's mobile we can set something up. I tried to find you on skype, if you are able we cam IM each other tomorrow during the day as I can use that quite easily at work. I couldn't find you though any suggestions how to find you?!!!
Originally Posted By sarahwithbaloo We are not on skpye I do'nt think but I'm on yahoo it is my screen name (at)yahoo(dot)co(dot) yahoo. I will have it logged in while I'm home not sure how much that will be but probably most of the day.
Originally Posted By davewasbaloo I don't tend to use either tool much, though I have an account for both. Look forward to seeing you guys today!
Originally Posted By u k fan Hi Guys, It was grat to see you yesterday. Thanks for Sis's birthday present it was very generous. Let's not leave it so long next time!!!
Originally Posted By davewasbaloo Well 18 is a very special birthday. It was great to see you guys and catch up after soooooo long. Have a great time at DLP, and please make sure this one has a trip report!
