Statutory Adoption Leave and Pay

If you qualify, you have the right to 52 weeks of Statutory Adoption Leave. This is made up of 26 weeks of Ordinary Adoption Leave followed by 26 weeks of Additional Adoption Leave.

To qualify for Statutory Adoption Leave, you must:

• be an employee;

• be newly matched with a child by an adoption agency (matched means that the adoption agency gives you the details of the child they think is suitable for you to adopt);

• have worked continuously for your current employer for at least 26 weeks before the beginning of the week when you are matched with a child.

So long as you meet the above criteria and you give your employer the correct notice, you can take Statutory Adoption Leave no matter how many hours you work or how much you are paid.

You must give your employer documentary proof to show that you have the right to paid Statutory Adoption Leave. This is usually a matching certificate from your adoption agency. The adoption agency must be recognised in the UK.

You will not qualify for Statutory Adoption Leave or Pay if you:

• arrange a private adoption;

• become a special guardian;

• adopt a stepchild;

• have a child through surrogacy.

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

You have the right to up to 26 weeks’ ordinary adoption leave followed by up to 26 weeks’ additional adoption leave. However, you only 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 £109.00 a week, Statutory Adoption Pay is paid by the employer at the same rate as the standard rate of SMP — the lower of £136.78 a week or 90% of average earnings.

The higher rate Statutory Maternity Pay (90% of earnings) is not available to adoptive parents, and those on earnings below £109.00 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.