I have two jobs, one 30 hours per week the other a casual job working as and when needed. I am shortly to be taking adoption leave, I am entitled to Statutory Adoption Pay & Occupational Adoption Pay from my part-time job, but nothing from my casual job. I would like to know can I continue to work at my casual job without it affecting my SAP & OAP from my part-time job? If so is there a limit to how many hours I am allowed to do per month? I pay PAYE in both jobs, but do not earn enough to pay National Insurance in my casual job.
I note from your question that you are about to go on adoption leave and wish to know if you can continue to work at your ‘casual job’ without it affecting your Statutory Adoption Pay (SAP) and Occupational Adoption Pay (OAP).
The general rule is that your SAP will cease if during your Adoption Pay Period (APP) you carry out work for an employer who is paying you SAP. The rules are, however, more complex when you also work for an employer who is not liable to pay SAP. Subsequently, if you work for your casual employer (who is not liable to pay you SAP), you will still be entitled to receive SAP from your part-time employer as long as you were working for the casual employer in the week in which you were notified that you had been matched for adoption (Regulation 25, The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002).
Therefore as long as you were working your casual job at the time you were told you had been matched with your child you can keep the job during your adoption leave without losing your entitlement to SAP from your main employer.
As the OAP is a contractual, rather than statutory right, I would suggest you carefully read the terms and conditions of your employer’s policy of paying OAP, to double-check if it prohibits you working for a second employer during the APP and what affect this would have on your entitlement to receive it.
Should you require any further clarification on the above points then please contact Tracey Guest of Slater Heelis LLP on 0161 672 1425.
*Helen Frankland assisted in answering this question.