ADOPTION LEAVE POLICY

March 2003

Carillon will be supportive to all employees who adopt and will ensure that they are treated consistently and in accordance with their rights.

All Carillion employees who are matched with a child or have a child placed with them for adoption, either individually or as part of couple, on or after 6^th April 2003 will be eligible under this policy but their entitlement to leave and pay is dependant on fulfilling the other eligibility criteria detailed below. This policy does not extend to employees who as stepparents and foster parents adopt children already in their care.

This policy is not intended to be a definitive guide to all the adoption leave and pay provisions specified by legislation. Further clarification on any issues should be sought from the HR Department or line manager as early as possible.

GUIDELINES

Eligibility Criteria
Adoption leave and pay is only available to the adopter of the child. An employee seeking leave in respect of a joint adoption must have agreed with their partner that they would be the adopter for the purposes of taking statutory adoption leave and pay. Employees who adopt jointly, but who are not the adopter for the purposes of this policy may be eligible for statutory paternity leave and pay. Please see the Company’s Paternity Leave Policy.

In addition employees must have at least 26 weeks continuous service by the end of the week in which they receive confirmation from the adoption agency that a match has been made.

Leave Entitlement
Employees who satisfy all the eligibility criteria are entitled to remain absent for up to 26 weeks Ordinary Adoption Leave (“OAL”) and a further 26 weeks Additional Adoption Leave (“AAL”).

OAL can commence at any time between 14 days before the expected date of the placement and the actual day of the placement. AAL will commence immediately after the end of OAL.

Adoption leave will be brought short if the placement is disrupted and comes to an end for any reason. In this event, the employee will only be entitled to remain absent for a further 8 weeks, or until the end of the OAL or AAL period if this is earlier.

Pay Entitlement
During OAL employees are not entitled to receive their normal pay but are eligible to claim Statutory Adoption Pay (“SAP”). Any entitlement to SAP will be paid by the Company, in the same way that salary is paid, and will include deductions for tax and National Insurance contributions.

The amount of SAP payable is the lesser of a flat weekly rate, currently set at £100.00 a week, or 90% of the normal weekly earnings. Normal weekly earnings are calculated as an average of the employee’s earnings in the 8 week period ending with the week the adoption agency gave notification that an approved match had been made. SAP is payable for a maximum of 26 weeks.

AAL is unpaid.

The Company, in its discretion, has chosen to enhance the Statutory Adoption Payments for employees with 26 weeks continuous service by the end of the week in which they receive confirmation from the adoption agency that a match has been made in order that they receive a sum equal to the amount they would have received on normal full pay during the first week of OAL.

The Company, in its discretion, has chosen to enhance the statutory maternity payments for employees with 26 weeks service at the 15^th week before the EWC in order that they receive a sum equal to the amount they would have received on normal full pay during the first week of Higher SMP.

Notification Requirements
Employees must notify the Company of their intention to take adoption leave within 7 days of the date they received notification from the adoption agency of an approved match. The notice should also confirm the date they want the leave to commence and state the expected date of placement. Please complete the Employee Notification of Adoption Form.

The employee can amend the date on which they have chosen to commence adoption leave by giving 28 days notice before the date on which adoption leave was due to start, or 28 days before the revised date, whichever is the earliest.

Employees should provide evidence of the adoption by providing a matching certificate or one or more documents from the adoption agency confirming: -

The employee is not required to specify how long they intend to remain absent as it will be assumed that they will take the maximum amount of leave possible. The Company will write to the employee within 28 days of receiving notification to provide confirmation of the date that AAL will end.

Effect on Terms and Conditions
During the OAL the employee will continue to benefit from, and be bound by, all the terms and conditions of employment, except for terms relating to pay.

During AAL the contract of employment remains in existence, but only certain terms will continue to apply. These are:

Returning To Work
An employee does not have to give notice of their return to work if they are returning at the end of the AAL period, as notified by the Company.

However, if the employee wishes to return earlier than the specified end date they must give the Company 28 days notice in writing of the intended return. If this period of notice is not given the Company may postpone the employee’s return to allow for a period of 28 days but not exceeding the end of the AAL period.

An employee who returns to work after a period of OAL which was an isolated period or the last of two or more consecutive periods of statutory leave, not including a period of AAL, additional maternity leave, or a period of parental leave of more than four weeks, is entitled to return to the same job in which they were employed before the absence.

An employee who returns to work after a period of AAL, or a period of OAL that is not an isolated period but the last of two or more consecutive periods of statutory leave which included a period of AAL, additional maternity leave or a period of parental leave of more than four weeks, is entitled to return to the same job in which she was employed before her absence or, if this is not reasonably practicable, to another job which is suitable and appropriate for her to do in the circumstances, on terms and conditions which are no less favourable.

Adoption Leave and Redundancy
If a redundancy situation arises during an employee’s adoption leave the Company will follow any agreed procedures and its legal obligations in respect of selection, consultation and seeking suitable alternative employment.