Find out more about whether you are entitled to adoption leave and pay, how much you qualify for, plus advice on telling your employer and what to do if you have any problems.
To qualify for leave, you must:
To qualify for pay you must also:
You must give your employer documentary proof, usually a matching certificate from your adoption agency, to show that you have the right to paid adoption leave. The adoption agency must be one which is properly recognised in UK law. You have no statutory rights if you arrange a private adoption.
If you are adopting a child you are fostering, you must be matched by a recognised agency to be eligible for adoption leave and pay. You must also fulfill the qualifying criteria by the date you receive notification of matching. The placement will begin when the child is placed with you for adoption.
You won’t normally be able to get statutory adoption leave or pay if you are becoming a special guardian, adopting a stepchild or having a child through surrogacy or a private adoption agreement.
If you can’t get paid adoption leave, other options include taking paid holiday, an unpaid leave of absence or parental leave.
Adopters who meet the employment conditions have the right to up to 26 weeks’ Ordinary Adoption Leave, followed by up to 26 weeks’ Additional Adoption Leave.
When can you start your leave?
You can start your leave:
Your leave can start on any day of the week.
Statutory Adoption Pay (SAP) begins at the same time as your adoption leave and (unless you finish your leave sooner) runs for 39 weeks.
If you qualify, you will get Statutory Adoption Pay of £123.06 or 90 per cent of your average weekly earnings, whichever is less. You will be paid by your employer in the same way as you get your normal wages, and you will pay tax and National Insurance contributions in the normal way.
If you meet the other conditions but earn less than the lower earnings limit (LEL) for National Insurance contributions, you can still take unpaid adoption leave. You might get Income Support while on leave.
You need to tell your employer that you want to take adoption leave within seven days of being told that you have been matched with a child for adoption. If it is not possible to tell your employer within seven days, you must tell them as soon as possible.
At the same time you must tell your employer:
You can change the start date provided you give 28 days’ notice.
Your employer should tell you within 28 days of receiving your notice, the date on which your adoption leave will end. This will be 52 weeks after it starts. You can return earlier than this as long as you give your employer eight weeks' notice of your return.
If you qualify for SAP but leave your job for any reason – including being dismissed – you are still entitled to SAP. However, if you start work for a different employer you cannot receive SAP for any week in which you do work for the new employer.
If your contract ends before the SAP payments have begun, the SAP payments should start 14 days before the date of placement. If the contract ends during those 14 days, pay begins the day following the last day of work.
If you have trouble getting what you are entitled to, talk to your employer first of all. If you think your employer's decision not to pay you SAP is wrong, or that you are not getting the right amount, ask them for the reason. If you have an employee representative (eg a trade union official), they may be able to help.
If you still disagree, you can contact the HM Revenue and Customs Employees enquiry line on 0845 302 1479 for advice.
You may need to make a complaint using your employer’s internal grievance procedure.
If you are still unhappy, you have the right to make a complaint to an Employment Tribunal.