What paperwork do I need to show my boss to get parental leave?
Quick Summary
It depends on the specific regulations set by the Secretary of State, but you may be required to provide a statutory declaration regarding your intention to apply for a parental order. You must also follow the specific notice procedures and evidence requirements established by government regulations and your employer's policies.
The situation
I am currently working as a full-time administrator at a medium-sized firm in Manchester, England. My partner and I are in the process of becoming legal parents through an adoption process, and we are expecting to receive a parental order very soon. I have been with my employer for three years now. I spoke to my manager last Tuesday, the 14th of May, to let them know that I intend to take some time off to settle in with the child once the order is finalised. My manager seemed supportive but mentioned that they need to follow specific company procedures and government rules regarding evidence and formal notices. They asked me what kind of proof I need to provide to justify my leave and whether there are specific forms I must complete to ensure my pay and job security are protected while I am away. I have already looked at my employment contract, but it doesn't go into much detail about the specific evidence required for adoption-related leave. I am unsure exactly what documents, such as statutory declarations or official letters, I am legally required to hand over to my employer or the relevant authorities to satisfy their record-keeping requirements.
Detailed Analysis
Under the Employment Rights Act 1996, the government has the power to create specific rules regarding how you request leave and what proof you must provide. For your situation in Manchester, the law allows for regulations that "make provision about notices to be given, evidence to be produced and other procedures to be followed"[1]. This means your employer's request for specific forms or evidence is legally supported, as the government can mandate certain procedures for employees and employers[1].
Specifically regarding your adoption process, the law allows for regulations that "may require statutory declarations as to— a eligibility to apply for a parental order; b intention to apply for such an order"[1]. A statutory declaration is a formal written statement that you sign and declare to be true, often in front of a solicitor or commissioner for oaths. Because you are expecting a parental order soon, you might be asked to provide such a document to prove your intent to become a legal parent.
Furthermore, the law allows for regulations that "make provision about notices to be given"[1]. This means there are likely specific rules about how much notice you must give your firm and what information that notice must contain to protect your job security and pay. While your contract does not detail these requirements, the statutory framework allows the Secretary of State to set these standards through regulations.
It is currently unclear exactly which specific government regulations apply to your specific type of adoption leave or if your firm has adopted additional internal procedures that go beyond the minimum legal requirements. You will need to confirm if the 'specific company procedures' your manager mentioned are based on these statutory powers.
Statutory Citations
Legal Citation: Employment Rights Act 1996 § Section 75K — Chapter 1B: supplemental
"Regulations under section 75E or 75G may— a make provision about notices to be given, evidence to be produced and other procedures to be followed by— i employees, ii employers, and iii relevant persons"View Official Legislation →
Legal Citation: Employment Rights Act 1996 § Section 75K — Chapter 1B: supplemental
"regulations under section 75G about evidence to be produced may require statutory declarations as to— a eligibility to apply for a parental order; b intention to apply for such an order."View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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