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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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I am in the process of becoming a special guardian to a 5 month

Customer Question

I am in the process of becoming a special guardian to a 5 month old baby girl. I am told I am allowed leave from work but cannot find any written legislation where can I find this information?
Submitted: 4 years ago.
Category: Law
Expert:  Jenny replied 4 years ago.

taratill : Hello my name is Jenny and I am happy to help you today. Are you going through the formal adoption process?
taratill :

Hello a family law colleague has just informed me that this is not a formal adoption situation from a family law point of view.

taratill :

From an employment law point of view a person is only entitled to paid leave in respect of their own child or where a formal adoption takes place via a UK or Overseas adoption agency I'm afraid. This means that there is no legal obligation for your employer to give you paid leave and you will not be entitled to the equivalent of statutory maternity pay in respect of any period of leave that you might be given at the discretion of your employer.

taratill :

It is perhaps worth discussing your situation with your employer as they may, at their discretion, offer you some time off.

taratill :

I am sorry that this is not the answer that you were hoping for. I would like to wish you the best for the future.

JACUSTOMER-0dym11ei- :

I have seen the information written down myself I just cannot find it again as I have looked at so much written information. I have also spoken to social services who tell me that it is in the legislation but again we cannot find it which is why I paid for your help. Sorry but you did not help at all.

taratill : I am really sorry but this is not correct. I have practiced employment law for nearly 20 years and there is no legal right to maternity leave in these circumstances. I am
taratill : very sorry this is not the answer you want.
Expert:  Nicola-mod replied 4 years ago.

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!