Rights during adoption leave
[ch 4: pages 37-38]An employee is entitled to all their contractual rights except for the right to normal pay during Ordinary Adoption Leave (OAL) and Additional Adoption Leave (AAL), including continuous service and annual leave, although some employers offer more generous contractual adoption leave benefits.
While on OAL an employee is entitled to return to work on exactly the same terms and conditions.
When an employee returns from AAL they are entitled to return to the same job but if this is not reasonably practicable, an employer must offer them a suitable alternative job on similar terms and conditions.
Unions often negotiate with employers for contractual rights and benefits to continue while the employee is on this type of leave.
An employer cannot discriminate against an employee on adoption leave. If an employee feels that they have been discriminated against while on adoption leave, they should contact their union rep for further advice about bringing a claim at the employment tribunal.