Adoption Leave

Adoption leave
Here we explain your rights to time off work to welcome the newcomer, and who is entitled to adoption leave pay....

Right to take adoption leave

Employees who have been newly matched by an adoption agency with a child to be adopted, are entitled to adoption leave and pay.

(If you are unsure whether you are an employee see Who is an employee?)

You have this right in both UK and overseas adoptions, although the right to adoption leave and pay as a result of an overseas adoption will operate slightly differently in practice to that outlined below.

The requirement that the adopted child be 'newly matched' means that step-parents wishing to adopt a step-child will not qualify for adoption leave or pay.

You are entitled to adoption leave if you are an employee and have worked continuously for the same employer for 26 weeks ending with the week you are notified of being matched for adoption.
Where a couple is jointly adopting a child, only one adoptive parent can take adoption leave. The other parent may then be entitled to paternity leave.
You can choose to take your leave from the date of the child's placement (even if the placement occurs earlier or later than expected) or from a date you choose which can be up to 14 days before the expected date of placement.
If the placement comes to an end during the adoption leave, you can continue with the leave for up to eight weeks after the placement.
You must tell your boss that you want to take adoption leave within seven days of being notified by your adoption agency of a match, or as soon as you can if this is not practical. You must tell your employer when you expect the child to be placed with you and when you want your leave to start.
If you change your mind about when your leave is to start, you must give your employer 28 days' notice (again, unless this isn't practical)
Your employer can request documentary evidence of your entitlement to leave - a 'matching certificate' will be enough.
Your employer has 28 days in which to reply to your notification of your intention to take leave. This reply must state the date upon which your employer expects you to return to work after your full entitlement of leave.

Length of adoption leave

Adoption leave works in a similar way to maternity leave in that, if you qualify, you are entitled to 26 weeks' Ordinary Adoption Leave (OAL) followed immediately by 26 weeks' Additional Adoption Leave (AAL).

Pay during adoption leave

Statutory Adoption Pay (SAP) is paid at the rate of 90 per cent of your average weekly earnings for the first six weeks. For the next 33 weeks you get £112.75 per week or 90% of your average weekly wage - whichever is less.

You may not qualify for Statutory Adoption Pay if your average weekly earnings are below the Lower Earnings Limit for National Insurance Contributions (£87 per week from April 2007). If you're in this position you may be entitled to other benefits so get advice.

If you intend to get SAP you should give your employer 28 days' notice (or as much as you can) of the expected date of the placement and when you want the payments to start. You must also show your employer the 'matching certificate' provided by your adoption agency, as evidence of your entitlement to SAP.

The right to return to work

If you are returning to work after taking your full 52 weeks leave (including Additional Adoption Leave where applicable), you do not have to notify your employers of your intention to return. If you wish to return to work before using your full entitlement, you must give your employer at least eight weeks' warning.

It is illegal for your employer or colleagues to treat you unfairly or dismiss you because you took or tried to take adoption leave or pay.

The effect of OAL and AAL on your terms and conditions of employment

During your Ordinary Adoption Leave your contract of employment continues as normal, except that you are not entitled to be paid (other than SAP) and you do not have to go to work.

You are entitled to continue receiving any other benefits connected with your work, for example, use of a company car or any medical insurance.

During your Additional Adoption Leave your contract of employment continues, but many of your terms and conditions of employment may be suspended unless, of course, your contract says otherwise. For example, your statutory holiday entitlement will continue to build up, but if your contract normally entitles you to more than the statutory minimum, this additional holiday will not continue to accrue. Similarly, your pension payments may not continue and the period of AOL may not constitute pensionable service. However, if the child is expected to be placed with you for adoption on or after 5 October 2008, all your terms and conditions of employment continue during your additional leave just as they did during your ordinary maternity leave.