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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48771
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Me and my partner are a same couple and we are currently

Customer Question

Me and my partner are a same sex couple and we are currently going through the adoption process. I was wanting to know if my employer offers 6 months full pay maternity leave for birth parents would they be obliged to do the same for adoptive parents or is it at their discretion.

Thanks,
Peter
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Is there a specific policy on adoption leave?
Customer: replied 3 years ago.

There is an adoption policy in place but it states that I would only be entitled to Statutory adoption pay.

Expert:  Ben Jones replied 3 years ago.
Unfortunately there is no law that states those on adoption leave should be entitled to the same rights as those on maternity leave and even the law differs somewhat as to the parents’ rights in each case. As far as company enhanced benefits are concerned, the employer can decide to have one policy that is more favourable for maternity leavers than those on adoption leave. It is unfair, I agree, but it is not unlawful. This is not discrimination because there is not a protected characteristic that is being infringed (for example you cannot argue it is discriminatory due to your sexual orientation because it is just as likely that opposite sex parents would be using the adoption process because they simply cannot have any children).

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news. Please let me know if you need me to clarify anything.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48771
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  taratill replied 3 years ago.
Hello my name is Jenny and I am happy to help you today. Is the full pay that you refer to a contractual right?
Expert:  taratill replied 3 years ago.
Sorry please ignore the above. There has been a technical issue and I could not see that the other expert had already answered your question.