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During your adoption leave

Your terms and conditions during adoption leave

While you're on ordinary adoption leave, you keep your normal employment rights and benefits (apart from wages). This might include any access to a company car or mobile phone that you have as part of your contract. If you take additional adoption leave, some contractual rights and benefits (eg a company car) can be suspended, although your statutory rights continue.

However, if your child is expected to be placed with you for adoption on or after 5 October 2008, you keep your normal employment rights and benefits (apart from wages) throughout your adoption leave.

What happens to your pension contributions when you're on adoption leave?

If your employer contributes to an occupational pension scheme they must carry on making their usual contributions for the whole time you are on ordinary adoption leave, or any time you are receiving any Statutory Adoption Pay (SAP) or contractual adoption pay. If you normally make contributions to your pension you should carry on doing so, based on the amount of adoption pay that you are getting.

What happens to your holiday entitlement when you're on adoption leave?

You'll still build up all your entitlements to paid holiday during ordinary adoption leave. But, unless your contract says differently, you'll accrue only the statutory minimum (4.8 weeks or 24 days for those working full-time) holiday entitlement during additional adoption leave. However, if your child is expected to be placed with you adoption on or after 5 October 2008 you will build up all your entitlements to paid holiday throughout your adoption leave.

You can add holiday to the beginning or end of your leave. You may not be able to carry over untaken holiday entitlement if your adopton leave goes over two holiday years, so it's often best to take this at the beginning of your leave.

• More about holiday rights (employment section)

Keeping in touch

During your leave it is often helpful to keep in touch with your employer and your employer is entitled to make reasonable contact with you during adoption leave. This might be to discuss such things as arrangements for your return to work or to update you on any significant changes in the workplace while you’ve been away.

You are also entitled to do up to ten days work during your adoption leave without losing adoption pay or bringing your leave to an end.

These ‘keeping in touch days’ may only be worked if both you and your employer agree. Although particularly useful for things such as training or team events, they may be used for any form of work and should make it easier to return to work after your leave. You will need to agree with your employer what work is to be done on and how much pay you will receive.

Returning to work

After ordinary adoption leave, you have the right to return to the same job. This also applies when you come back after additional adoption leave, unless your employer shows that it’s not reasonably practicable for them to take you back in your original job (for example, because the job no longer exists). In that case, you must be offered alternative work with terms and conditions as if you hadn’t been absent.

Your employer should assume you are taking a full 52 weeks’ leave unless you tell them otherwise. If you wish to change the date that you are going to return to work, you must give at least eight weeks’ notice. Your employer can insist that you don’t return until the eight weeks have passed.

If you decide not to return to work at all, you must give your employer notice in the normal way.

• Notice and notice pay - find out more (employment section)

What happens if you’re ill at the end of your leave

If you can’t return to work at the end of your adoption leave because of illness, tell your employer in the normal way.

Dismissal on grounds of adoption leave

It is unlawful to for you to be dismissed during or at the end of adoption leave, or after you resume work, on the grounds that you took adoption leave or that you benefited from any of your statutory rights during adoption leave.

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.

• Acas Opens new window

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.

• Labour Relations Agency Opens new window

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

• Find your local Citizens Advice Bureau Opens new window

If you are a member of a trade union, you can get help, advice and support from them.

• Introduction to trade unions (employment section)

More useful links

• Parental leave and flexible working
• Advice for employers about maternity, paternity and adoption from businesslink.gov.uk Opens new window
• Advice for employers in Northern Ireland on maternity, paternity and adoption from nibusinessinfo Opens new window