Adoption leave and pay: who is entitled and what you could get
Find out more about adoption leave and pay rights, who is entitled to it and how much you could get.
Who’s 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’re matched with a child
To qualify for pay you must also:
- earn more than the lower earnings limit (LEL) for National Insurance contributions (currently £90 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.
As long as you’ve been matched by a recognised agency, it shouldn’t matter whether you’ve previously been fostering the child you adopt.
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 you’ll 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, or
- 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.
Returning to work
After Ordinary Adoption Leave, you have the right to return to the same job. After your Additional Adoption Leave you have the right to return to the same job or to another suitable job if that is not reasonably practicable.
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 (if the child is expected to be placed with you before 1 April 2007, you have to give 28 days’ notice).
How much Statutory Adoption Pay you’ll get
Statutory Adoption Pay begins at the same time as your adoption leave and (unless you finish your leave sooner) runs for 39 weeks (26 weeks if the child is expected to be placed before 1 April 2007).
If you qualify, you’ll get Statutory Adoption Pay of £117.18 or 90 per cent of your average weekly earnings, whichever is less. You’ll be paid by your employer in the same way as you get your normal wages, and you’ll 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 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’ve been matched with a child for adoption.
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.
Keeping in touch
During your leave it is often helpful to keep in touch with your employer. 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.
Your adoption leave and pay will normally come to an end when you return to work. However, if the child is expected to be placed with you on or after 1 April 2007, you are 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 Keeping in Touch Days and how much pay you will receive.
Will your terms and conditions change because you take adoption leave?
While you’re on ordinary adoption leave, you keep your normal employment rights and benefits, apart from wages. If you go back to work during or immediately after the 26 weeks of ordinary adoption leave, you have the right to go back to the same job.
If you take additional adoption leave, some contractual rights and benefits (eg a company car) can be suspended. Your statutory rights continue. If you return to work after additional adoption leave, you have the right to the same job or if this isn’t possible, a different job on similar terms and conditions.
What to do if you have problems
If you have trouble getting what you’re entitled to, talk to your employer first of all. If you have an employee representative (eg a trade union official), they may be able to help.
If this doesn’t work, you may need to make a complaint using your employer’s internal grievance procedure.
If you’re still unhappy, you have the right to make a complaint to an Employment Tribunal
