Statutory Adoption Leave & Pay
If you would like to plan your adoption leave click the link below.
LINK TO GOVERNMENT WEBSITE TO PLAN YOUR ADOPTION LEAVE.
WHAT IS STATUTORY ADOPTION LEAVE?
Statutory adoption leave is the permitted time an employee is allowed to take off when they are adopting a child. This also applies to having a child through surrogacy.
HOW LONG IS STATUTORY ADOPTION LEAVE?
Adoption leave is up to 52 weeks. This is made up of 26 weeks ordinary adoption leave and 26 weeks additional adoption leave. You do not have to take all 52 weeks.
CAN BOTH YOU AND YOUR PARTNER GET ADOPTION LEAVE AND PAY?
Only one of you can take adoption leave and pay. The other parent can take paternity leave and pay.
WHEN ARE THE START DATES FOR YOUR STATUTORY ADOPTION LEAVE?
You can start your adoption leave 14 days before the date the child is placed with you.
You can also start your adoption leave on the date the child is placed with you. You must inform your employer of your leave start date, how much leave you want and the date of placement of the child with you within 7 days after being matched with a child. Your employer must let you know within 28 days that they agree or not not agree with the leave you have asked for. If you are not eligible for statutory adoption leave and pay your employer should give you SAP1 form within 7 days of making their decision.
For an overseas adoption you can start your adoption leave when the child arrives in the UK or anytime within 28 days after the arrival of the child in the UK.
For surrogacy your can start your adoption leave the day the child is born or the day after.
If you would like to change the date of your adoption leave because the placement date has changed, you must inform your employer with 28 days. If you would like to alter the date you return to work then you must give 8 weeks notice to your employer.
IS STATUTORY ADOPTION LEAVE PAID LEAVE?
Adoption leave is paid leave. This is called statutory (permitted or a requirement by law) adoption pay.
You will get paid for 39 weeks of your maternity leave.
- 90% of your wages before deductions for the first 6 weeks
- 90% of your wages before deductions or £172.48 for the remaining 33 weeks. You will get whichever one is lower.
Tax and national insurance is deducted from statutory adoption pay.
WHAT IS THE ELIGIBILITY TO QUALIFY FOR STATUTORY ADOPTION PAY?
To qualify for statutory adoption leave and pay the following must apply:
- You must be an employee and earn £123.00 a week. You must have also worked for this employer for at least 26 weeks before you are matched with a child. If you are adopting a child from overseas you must have worked for this employer for at least 26 weeks when you receive adoption pay. If you are having a child through surrogacy you must have worked for this employer for at least 26 weeks by the 15th weeks before the baby’s due date. You must also intend to apply for a parental order for the child.
- You must be able to prove the adoption or surrogacy.
- You must give notice as required by law.
WHEN DO YOU NOT QUALIFY FOR STATUTORY ADOPTION LEAVE AND PAY
You will not qualify for statutory adoption leave under the following circumstances:
- If your adoption is private
- If you adopt your step child
- If you adopt a family member
- If you become a kinship carer or a special guardian.
EXTRA NOTES
If you qualify for for adoption leave and pay you can take 5 days paid leave to attend 5 adoption appointments once a child has been matched with you.
If both you and your partner are adopting a child from overseas you must complete form SC6 to confirm you are not taking paternity leave or pay.
LINK TO OUR L.I.P HELP GUIDE FOR FORM SC6
If you are fostering a child you may be able to receive statutory adoption leave and pay when the child starts to live with you.
If you are having a child through surrogacy and are genetically related to the child, you can either apply for statutory adoption leave and pay or paternity leave and pay but not both.