Maternity vs Adoption Leave – Why Employers Should Treat Them Equally

In this week’s article we will discuss the reasons why employers should consider treating both forms of leave similar to one another, and the benefits it can have for employees.

Families are built in many different ways, including adoption - yet traditional policies often differentiate between maternity leave and adoption leave. This can create inequalities for adoptive parents, particularly for those in same sex couples or those who cannot conceive a child naturally. Just because they can’t carry a child does not mean that they should be treated differently.

In this week’s article we will discuss the reasons why employers should consider treating both forms of leave similar to one another, and the benefits it can have for employees.

Maternity vs Adoption Leave

In many ways, both have similar entitlements. Adoption leave offers a right to 39 weeks’ statutory pay and the right to 52 weeks off. In both cases, parents need time off for pre-birth or placement appointments, and you can reduce both forms of leave to allow your partner to take Shared Parental Leave. Regardless of how a child becomes part of the family, parents need time to bond with their new child; it brings a whole new level of responsibility, whether they have been conceived naturally or adopted.

However, there are differences between the two. Let’s take a look at adoption leave and how it works compared to maternity leave. With adoption leave there is a choice to make; when a child is placed, parents need to decide who the primary adopter is, whereas with maternity leave the mother automatically gets the leave entitlement. Maternity leave becomes automatic for biological mothers, whereas adoption leave requires specific criteria (such as being matched with a child and the finalisation of the adoption process). Maternity leave is primarily focused on the physical recovery of childbirth and postpartum needs, whereas adoption leave does not have this element.

The core focus of both types of leave is to allow parents time to adjust to parenthood, building a nurturing and strong relationship during a critical development period. Leave provides time to establish a routine, with both parents experiencing emotional and physical adjustments during this time.

What are the benefits for employers to offer identical maternity and adoption leave policies?

A fair and inclusive leave policy demonstrates a commitment to supporting all types of families. Offering the same leave can improve employee retention, as staff who feel valued and supported tend to be loyal and productive. Having equal policies can increase the employer brand — having a reputation for family-friendly policies can make a company more attractive to potential employees.

If you are thinking of changing your policies, there are key considerations to think about before you do:

  • Review the advantages — as mentioned above, attracting and retaining talent, boosting employee morale and creating an inclusive culture are the key advantages of having equal leave.
  • Consider the cost — if you offer enhanced maternity pay and want to match this with adoption pay, you should conduct a cost analysis to assess the potential financial impact of offering the same pay to both. If there are budgetary concerns consider a phased approach.
  • Check policies and procedures — ensure that your policies are updated to reflect the changes, and that they are communicated to all of your employees. FPM Core is our market-leading compliance platform that our practice manager members use to keep their policies, job descriptions and toolkits up to date. 

The creation of families is evolving more than ever, and today’s workforce reflects this diversity as employees are building families through adoption alongside traditional means. To stay competitive and attract top talent, employers should consider adapting to the changing workforce. A powerful step in this direction could be implementing equal leave policies for maternity and adoption leave.  

Created by Ciara Burns
Ciara Burns
Ciara is the HR Consultant at FPM Group who writes and produces content on a wide range of topics such as HR best practices, employment law, recruitment, policies, and procedures.

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