Adoption Leave (document)

Adopting parents are now entitled to a period of adoption leave and it is therefore important for all staff, specifically managers/supervisors, to be aware of the current legislation surrounding this leave and any additional internal policies.

Adoption leave is available to individuals who adopt, or to one partner of a couple where the couple adopt jointly.

It does not apply to step-family adoption or adoption by a child's existing foster carers as these do not involve the new placement of a child.

Currently, adoption leave is only available for employees who have had approval for adoption through an agency on or after 6 April 2003 or if an approved adoption agency notified the adopter of a match with a child before 6 April 2003 but the child is placed after 6 April 2003.

To qualify for adoption leave an employee must:

• Be newly-matched with a child for adoption by an approved adoption agency and have worked continuously for the same employer for 26 weeks leading into the week in which they are notified of the match with a child for adoption (the "matching week")

Where a couple adopts a child, only one parent is entitled to take the adoption leave, however the other parent can take paternity leave. (Go to the Paternity leave website section for more details).

When can adoption leave be taken?

The leave can be taken from the date of placement of the child (whether this is earlier or later than expected) or from a date of up to 2 weeks before the expected date of placement.

Adoption leave is split into two kinds

26 weeks ordinary adoption leave, immediately followed by 26 weeks additional adoption leave, giving a total of up to 52 weeks.

Adoption Pay Entitlement

During ordinary adoption leave, most adopters are entitled to statutory adoption pay as long as they have been working continuously for their employer for at least 26 weeks into the `matching week.'

Statutory Adoption Pay (SAP) is payable for 26 weeks at the same rate as Statutory Maternity Pay (SMP) i.e. £123.06 (from April 2009) or 90% of weekly earnings if lower. Adopters whose average weekly earnings are below the lower earnings limit for National Insurance purposes do not qualify for SAP, but may qualify for other welfare benefits.

During additional adoption leave this period can be unpaid depending on the employee's organisation's adoption policy.

For adoption pay, employees must notify their employer at least 28 days before they expect their pay period to start or if that is not reasonably practicable, then as soon as is reasonably practicable.

What benefits is the employee entitled to during adoption leave?

During the first 26 weeks (ordinary adoption leave) the terms and conditions, which would normally apply if s/he had not been absent.

For the following 26 weeks (additional adoption leave) only some terms and conditions apply mirroring additional maternity leave.

Does the employee have to give notice?

Yes - all employees must notify their employer of the day on which they expect their adoption leave to start within seven days of being notified that they have been matched with a child for adoption. If this is not reasonably practicable, then as soon as is reasonably practicable.

If the employer requests it, employees must provide a matching certificate - provided by their adoption agency - as evidence of their eligibility for adoption leave.

Can the employee return to the same job?

Yes, if they return during or immediately after ordinary adoption leave of 26 weeks. If they return after additional adoption leave, they will be entitled to return to the same job or, if that is not reasonably practicable, an appropriate alternative job.

Adopting a child from overseas

An employee who adopts a child from overseas must notify his or her employer of each of the following:

• The date on which he/she received an official notification
• The date on which the child is expected to enter Great Britain
• The date the employee has chosen as the date on which his or her period of adoption should begin
• The date on which the child enters Great Britain

Business Link provides a guide to help with the administration of statutory adoption leave and pay, and understand the employment rights of employees on adoption leave.

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