Adoption Leave and Adoption Pay
Adoption Leave
Since April 2003, adoptive parents have had the right to take Adoption Leave.
Who can take Adoption Leave?
To qualify for Adoption Leave, you must be:
- an employee;
- newly matched with a child for adoption by an approved adoption agency; and
- have worked for your employer for at least 26 weeks by the time you are notified that you have been matched with a child for adoption.
Because you must be newly matched for adoption by an approved agency, if you are adopting a stepchild you will not be entitled to adoption leave.
Parents who are adopting from overseas are eligible for adoption leave and pay.
Evidence of entitlement to Adoption Leave
If your employer asks for it, you must produce documents from the adoption agency which show the following information:
- the name and address of the adoption agency;
- the name and date of birth of the child; and
- the date on which you were told you had been matched with the child;
- the expected date on which the placement will take place.
Your adoption agency may provide you with a matching certificate which shows this information.
Ordinary and Additional Adoption Leave
If you are an adoptive parent taking adoption leave, you will have similar rights to women taking maternity leave except that you must have had 26 weeks’ service with the same employer.
Ordinary Adoption Leave (OAL) is for 26 weeks, and adopters qualify for a further 26 weeks Additional Adoption Leave (AAL), unlike maternity leave where mothers could qualify for only OML.
You must provide notice that you intend to take Adoption Leave within seven days (unless this is not reasonably practicable) of being notified that you have been matched with a child for adoption. You must include the dates when you expect the child to be placed with you and when you want to start your Adoption Leave.
You can start your Adoption Leave on the date the child is due to be placed with you, or up to 14 days before that date.
Your employer must write to you within 28 days to tell you when you will be due back from Adoption Leave and should assume that you will be taking your full entitlement to 52 weeks’ adoption leave unless you tell them otherwise.
You can change the start date for your Adoption Leave by giving your employer 28 days notice.
Employment rights during Adoption Leave
All your normal terms and conditions of employment, except the right to normal pay, will continue during OAL. Your contract of employment will continue during AAL but most of your normal terms and conditions will be suspended. You will still be entitled to your notice period, redundancy pay and use of the disciplinary and grievance procedures.
You will still need to give your contractual notice if you want to resign. If your contract contains any terms relating to confidentiality or preventing you from working for another employer, these will still apply.
Right to Return to work after Adoption Leave
The rules mirror those for returning after Ordinary or Additional Maternity Leave.
Statutory Adoption Pay
Workers’ eligibility rules for Statutory Adoption Pay (SAP) are similar to those for Statutory Maternity Pay. You must have average weekly earnings equal to or above the Lower Earnings Limit in the 8 weeks, or 2 monthly pay cheques, leading up to the week you are notified of the date of adoption.
SAP will be paid for 26 weeks at a rate of £100 a week, or 90 per cent of your average earnings if this is less.
Some employers may offer Contractual Adoption Pay.
If you do not qualify for SAP, you may be able to obtain financial support from your Local Authority. There is no equivalent to Maternity Allowance for adoption but you may be entitled to other benefits.
Always remember, if you have a problem about exercising your rights, the quickest and most effective way to resolve an issue is to speak with your employer, and to seek specialist advice before considering formal action.