Statutory Adoption Leave and Pay and Surrogacy Leave


The Children and Families Act 2014 brought adoption leave and pay entitlements in line with the amount of leave and pay available to birth parents from 5 April 2015. Adopting parents are entitled to rights including entitlement to adoption leave from day one of their employment, abolishing the previous 26 weeks service requirement. Those taking adoption leave are entitled to 90% of full pay for the first six weeks and adopting parents also have the right to have paid time off during working hours to attend introductory appointments. 


Also from 5 April 2015, intended parents involved in a surrogacy arrangement who intend to apply for a “parental order” and those parents who wish to “foster to adopt” qualify for adoption leave and pay. 


The new shared parental leave arrangements are also open to adoptive parents (see box page 67). 


An employee can take up to 52 weeks of Statutory Adoption Leave if they: 


• are in direct employment: and


• are the person adopting the child (only one parent can take Ordinary Adoption Leave and Additional Adoption Leave); 


• have provided proof of the adoption (where the employer has asked for it): 


• have given correct notice of intention to take statutory adoption leave.


Statutory Adoption Leave (SAL) is divided into two sections. The first 26 weeks are called Ordinary Adoption Leave (OAL) and the second 26 weeks are called Additional Adoption Leave (AAL). During this time 39 weeks of Statutory Adoption Pay (SAP) may be available for those who are entitled to it.


To qualify for SAP, employees must: 


• have worked for the employer continuously for at least 26 weeks by the week they were matched with a child; 


• be on the employer’s payroll and earn at least £112 a week in an eight-week period — the “relevant period”;


• give the employer correct notice — within seven days of being matched with a child, employees must tell their employer how much leave they want, their leave start date and the date of placement — the expected or actual date the child is placed with them. The employer then has 28 days to write to them confirming their leave start and end date. In surrogacy arrangements, employees must tell their employer when the baby is due and when they want to start their leave at least 15 weeks before the due date. You will not qualify for Statutory Adoption Leave or Pay if you:


• arrange a private adoption;


• become a special guardian;


• adopt a stepchild.


If you are adopting a child from overseas then different rules apply.


You have the right to be paid for 39 weeks of that total period, unless your contract with your employer provides for further payment.


As long as you are earning at least £112.00 a week, Statutory Adoption Pay is paid by the employer at the same rate as the standard rate of SMP — 90% of pay for the first six weeks, followed by 33 weeks paid at the lower of £139.58 a week or 90% of average earnings. 


Those on earnings below £112.00 a week do not qualify for any pay. As with ordinary maternity leave, employees on ordinary adoption leave have the right to benefit from their normal terms and conditions, other than pay.