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Adoption leave and pay: who is entitled and what you could get

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.

Who is entitled to paid Statutory Adoption Leave?

To qualify for leave, you must:

  • be newly matched with a child by an adoption agency ('matched' means that the adoption agency gives you the details of the child they think is suitable for you to adopt)
  • have worked continuously for your current employer for at least 26 weeks before the beginning of the week when you are matched with a child

To qualify for pay you must also:

  • earn more than the lower earnings limit (LEL) for National Insurance contributions (LEL is £95 a week)

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.

Other options

If you can’t get paid adoption leave, other options include taking paid holiday, an unpaid leave of absence or parental leave.

How much adoption leave will you get?

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:

  • from the date the child starts living with you
  • on an earlier date up to 14 days before the date you expect the child to start living with you

Your leave can start on any day of the week.

How much Statutory Adoption Pay will you get?

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 don’t earn enough to qualify

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.

Telling your employer that you want to take adoption 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:

  • when you expect the child to be placed with you
  • when you want your adoption leave to start

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 leave your job

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 disagree with the decision on your SAP

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.

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