Can I return to work flexibly after adoption leave?

Many new parents would like to return to work on a part-time basis, or on adjusted hours, and some good employers are happy to negotiate such new terms with their employees.

There is not an automatic right to reduce hours, or work part-time or flexibly after having adopted a baby. However, all employees with at least 26 weeks’ service have the right to ask to work flexibly, and the request can only be rejected after careful consideration and for a business reason.

Acas has produced a Code of Practice and guidance on Handling Requests for Flexible Working. See our section on Flexible Working for tips on making a request to work flexibly.

If your request to work flexibly on your return to work after adoption leave is rejected, you may have rights under the Equality Act 2010.

Where you reduce your hours from full- to part-time, you will also have rights under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.

You should check your contract or your staff handbook, talk to your trade union reps and (where appropriate) your HR Department to ensure that you get access to all that your employer offers in this area.

Remember that if you return to work part-time after having worked full-time before going on adoption leave, you will have built up annual leave during your adoption leave on a full-time basis. You must be allowed to use up the whole amount of your annual paid leave when you return to work, even though you have returned on reduced hours.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

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