Page Menu

14A. Adoption and Parental Leave Rights

Guidance note 14a to the EMPLOYMENT (JERSEY) LAW 2003 incorporating Employment (Amendment No. 8) (Jersey) Law 2014

Adoption Leave & Parental Leave (2018)

This short statement is intended to explain to employers and employees the rights to adoption and parental leave which are set out in Part 5A of the Employment Law (along with Maternity rights, see guidance note 14).  It is not intended to cover the requirements of the Law, nor does it represent a statement of the Law. It constitutes a guide only and detailed legal advice should be taken in relation to each individual situation. 

To access the template form to request adoption leave, please click here.*

To access the template form to request parental leave, please click here.*

*These are template forms, employers may choose to use their own forms rather than these templates.

This guide applies only where the expected week of childbirth or the adoption begins on or after 2 September 2018.

Right to adoption leave (Art 55k)

An employee has the right to take adoption leave if:

  •   they are the child's adopter; and
  • they have agreed to a placement date for the child through an approved adoption society or have received official notification in the case of an overseas adoption; and
  • they have notified their employer of their intention to take adoption leave stating:
  1. the placement date for the child or the date of the official notification; and
  2. for an overseas adoption, the date the child is expected to arrive in Jersey; and
  3. the chosen start date for the period of leave.

The employee should give this notice to the employer

  •   no more than 7 days after the official notification is received; or
  • as soon as is reasonably practicable.

An employee may vary the chosen date previously notified and provide the employer with notice (in writing) of this change and provide a new date as follows:

  1.   where the date of placement/arrival has been changed notification must be provided at least 28 days before the original date specified;
  2. where a predetermined date has been established notification must be provided at least 28 days before this date; or as soon as is reasonably practicable.

An employer may request an employee to provide them with evidence of the relevant notifications and dates.

An employee who is entitled to take adoption leave is entitled to take a total period of 26 weeks of which the first 6 weeks shall be paid by the employer and the employee shall not be required to work during this period of time.

Commencement of adoption leave (Art 55L)

An employee can choose when to begin a period of adoption leave which may be on either:

  •   the placement/arrival date; or
  • a predetermined date which is:

 -          No more than 14 days before the placement/arrival date and

-          No later than the placement/arrival date

The adoption leave start date is the last date as notified (in writing) to the employer, however if the employee is at work on the placement/arrival date the adoption leave will start on the following day.

Within 28 days of receiving notice of an employee's intended adoption leave date, the employer must notify the employee of the date on which their adoption leave will end.

Adoption leave counts as continuous service and the employee may be absent from work during this period of leave.

If the employee's employment is due to end during their adoption leave period, their employment ends on the intended date and the right to adoption leave does not extend the period of employment.

Arrangements during adoption leave (Art 55M)

An employee who takes adoption leave is protected in the same way as an employee who takes maternity leave. The following Articles of the law apply (please see guidance note 14)

Application of terms and conditions during leave (Art 55G)

 

  1. Requirement to notify of intention to return during ordinary maternity leave period (Art 55H)
  2. Work during ordinary maternity leave period (Art 55I)
  3. Right to return after maternity leave (Art 55J)

Right to parental leave upon birth or adoption (Art 55N)

An employee has the right to take parental leave for the purpose of caring for a child or supporting the child's mother or adopter if:

  •   they expect to have responsibility for raising the child (even if the child is still born after 24 weeks of pregnancy or has died); and they are either
  • the father of the child, or
  • married to, the civil partner of, or the partner of the child's mother/adopter, but are themselves not the child's father or adopter (even if the child's mother has died); and
  • they have notified the employer (as * below).

If the employer requests it, the employee must provide a signed declaration that they meet these conditions.

An employee who is entitled to take parental leave shall also be entitled to be paid for the first 2 weeks, with the remaining 24 weeks being unpaid.

Options in respect of parental leave upon birth or adoption (Art 55O)

An employee may choose to take either:

  •   26 week's leave either consecutively; or
  • Up to 3 blocks of leave, each not less than 2 weeks.

A relevant agreement between the employer and the employee may specify a different more favorable arrangement, e.g. that leave may be taken in more than 3 blocks, or that the days may be taken as individual days.

Parental leave must be taken within the 52 weeks period following the birth or adoption.

The start of parental leave can be either

  •   the day the child is born or adopted; or
  • a predetermined date (see * below).

* Notice requirements for parental leave upon birth or adoption (Art 55P)

An employee must give the employer written notice of their intention to take parental leave which must specify:

  •   the expected week of birth/adoption;
  1. the length of leave they have chosen to take (see below);
  2. the date the leave (or periods of leave) will begin.

The notice should be given to the employer:

  •   by the end of the 15th week before the expected week of childbirth; or
  • in the case of an adoption, no more than 7 days after the date of official adoption match/notification; or
  • Where that is not possible, notice must be given as soon as it is reasonably practical.

An employee may vary the chosen date previously notified to the employer if they provide the employer with written notice of this change and provide a new date which is:

  •   At least 28 days before the first day of the week the child is expected to be born/adopted if the employee wishes to begin their leave on the date the child is born/adopted; or
  • At least 28 days before the leave is required if this is to fall on a specified number of days after the date of the birth/adoption; or
  • At least 28 days before a predetermined date; or
  • Where that is not possible, notice must be given as soon as it is reasonably practical.

In cases where:

  •   an employee has chosen a predetermined start date; and
  • the child is not born/adopted on or before that date,

the employee must vary the date and substitute a different date, giving the employer as much notice as is reasonably practicable.

The employee must notify the employer further as soon as possible after the birth/adoption of the actual date this occurred.

Commencement of parental leave for birth or adoption (Art 55Q)

The parental leave start date is the last date as notified in writing to the employer, however if the employee is at work on the placement/arrival date the leave will start on the following day.

An employee may be absent from work at any time during this period of parental leave.

Copies of the Law may be purchased during normal office hours from the States' Greffe Bookshop, Morier House, Halkett Place, St Helier, telephone (01534 441020). Copies of any of the Codes of Practice can be obtained from Social Security Department, or JACS website.

Further advice or information and copies of this and other guidance notes may be obtained from the Jersey Advisory and Conciliation Service in person or by telephoning(01534) 730503; fax (01534) 733942; email jacs@jacs.org.je; www.jacs.org.je

Copyright restrictions are waived on this document and it may be copied providing that the content is not altered in any way.                                                                                 

JACS July 2018

GDPR

General Data Protection Regulation