I'm adopting - what will I be entitled to?
You can take up to a year off, as long as you have worked for your employer for 26 weeks before you are matched with a child.
If you are adopting with your partner, you can chose which one of you takes adoption leave. The other will be entitled to take paternity leave (as long as they meet the conditions).
You must have been matched with the child by an adoption agency. Step-parents wishing to adopt a step-child won't be entitled to any extra time off.
We're adopting from abroad. What are we entitled to?
You have the same rights as if you were adopting a child from within the UK. However, the rules work slightly differently in practice. See 'Links to other websites' for more details.
Is it paid?
You are entitled to Statutory Adoption Pay (SAP) if you are entitled to adoption leave, and your average earnings are more than £102 before tax in 2011-12. (This is the lower earnings limit and it goes up slightly every April). Your average weekly earnings are worked out on the basis of the 8 weeks before you were matched with the child/children (or two months if you are paid monthly).
"I'm an agency worker - what do I get?"
You may be entitled to pay if you meet the conditions but you won't have the right to come back to work.
SAP is £128.73 each week in 2011-12, or 90% of your usual weekly salary if that is lower. You can get it for up to 39 weeks. If you go back to work before the 39 weeks is up the SAP will stop.
If you aren't entitled to SAP, you may be entitled to other benefits. You should make an appointment at your local advice agency or CAB.
When can I take it?
It is up to you when you take your leave. You can start it anytime from 14 days before the placement is expected to start. You can either choose to start it from a specified date or from the day of placement. (This is useful in case the placement starts earlier or later than expected.)
"I'm on a short-term contract. What do I get?"
If you have been working for your employer for 26 weeks when you are matched and you will still be employed when the placement happens, you will be entitled to SAP. If it is not certain whether you will still be employed then, get advice – see How to find an adviser.
If it doesn’t work out and the placement ends during your adoption leave, you can continue with the leave for up to eight weeks after the placement ends.
What do I need to do?
You need to tell your boss that you want to take adoption leave within seven days of the adoption agency telling you of the match or as soon as you can if that is not possible. You don’t need to put it in writing unless they ask, but it is always a good idea. You just need to tell them when you expect the child to be placed with you, and when you want your leave to start. They might ask for evidence that you are adopting - a 'matching certificate' from you adoption agency will be enough.
Your boss has 28 days to reply to you. Their reply should include the date they expect you to return to work after your full entitlement of leave (12 months). Don’t panic, you don’t have to take this long, but if you want to come back sooner you need to give them at least 8 weeks notice.
"I'm self-employed - what can I get?"
If you are self-employed, you won't be entitled to statutory adoption pay. On the upside, you can give yourself as much time as you like off.
If you change your mind about when you want your leave to start, you need to give your boss 28 days' notice (again, unless this isn't possible).
If you want to get SAP, give your employer 28 days' notice (or as much as you can) of when you want the payments to start. You will need to show 'matching certificate'.
Ask Bev!
My work is going to start making people redundant. As I am about to go on adoption leave I am worried that it is going to be me...
The economic situation does mean that lots of people are being made redundant, and some employers do consider making redundancies from those in the most vulnerable groups, including pregnant women and those on maternity or adoption leave. I can see why you might be a little worried, but try not to worry until you have to. If you are treated poorly because you have adopted or because you have taken adoption leave, this might amount to unfair treatment or discrimination.
Before you go on leave, you could ask to be kept informed of any consultations or meetings, and ask to receive any documents about proposed redundancies. This way at least you will know what’s happening.
If you don’t mind having a bit of contact with your employer during adoption leave, why don’t you ask for an informal meeting and suggest that you could have a few days where you come in during your leave. (You don’t have to do this, it is optional). These are called ‘keeping in touch’ days and you can have up to 10 without losing any adoption pay. They might help you keep up to date with what is going on, or attend important meetings. But remember... it might not happen!
------------------------------------------------------------------------------------------------------------------
My company has different policies for adoption and maternity pay. I feel discriminated against. Is there anything I can do?
You would think that policies about maternity pay and adoption pay would be the same. It makes sense that they should be. However, there are differences in the statutory pay and legal rights you get:-
- women who have a right to Statutory Maternity Pay can get 90% of their salary for the first 6 weeks of their leave before it goes down to £128.73 in 2011-12 for the remaining 33 weeks. However, those who get paid Statutory Adoption Pay don't get this higher rate for the first 6 weeks
- women need to have been in the job for 26 weeks to be able to take Adoption leave, unlike Maternity leave where you have a right to take the leave from the day you start.
So, as unfair as it can seem, it isn't classed as discrimination. The law can and does change though, so this may change in the future.
Will we get any other help?
Yes - you will get child benefit, and you might be entitled to child tax credit. See Will I be entitled to anything else for the baby?. Some people can also get an adoption allowance, but this depends on the situation of the child/children you adopt.
Time off
You don’t get any extra time off for adoption visits in the way that pregnant women do for antenatal appointments. Some employers do let you though. If it doesn’t say anything in your contract, it might be worth asking your boss.
What happens while I'm on leave and afterwards?
For your rights during your leave, see While you are on leave.
See Changing your hours or how you work and Taking time off for details of how you can use your rights to balance your new responsibilities with your work.
It is illegal for your boss or colleagues to treat you unfairly because you took adoption leave.
