Adoption Leave is split into two types – Ordinary and Additional -

Ordinary adoption leave – who qualifies:

Employees (not workers – workers may qualify for adoption pay) who are either -

• individuals who adopt,
• or one member of a couple where a couple adopt jointly (the couple must choose which partner takes adoption leave; the other partner may be eligible for paternity leave and pay), who are newly matched with a child for adoption by an adoption agency

and who have worked continuously for their employer for 26 weeks ending with the week in which they are notified of being matched with a child for adoption. There are no age restrictions.

Adoption leave and pay is not available in circumstances where a child is not newly matched for adoption, for example when a step-parent is adopting a partner’s children.

Adoption Leave and Pay entitlements for those who are adopting from overseas are slightly different – please refer to the Direct Gov website for more details http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Adoptionrightsintheworkplace/DG_4019611

You can choose when to start your adoption leave – from the date of the child’s placement (whether this is earlier or later than expected), or from a fixed date which can be up to 14 days before the expected date of placement.  You must tell your employer you have been matched within 7 days of notification if this is reasonably practical; and give your employer at least 28 days notice of the date you want Statutory Adoption Pay to start, if possible.

What rights does a woman have while on ordinary adoption leave?

• During the 26 weeks adoption leave you are entitled to benefit from all your normal terms and conditions of employment, except for salary/pay.
• If you wish to return to work before the end of ordinary adoption leave (or during additional adoption leave – see below) you need to give your employer 8 weeks notice of your new return date.
• At the end of ordinary adoption leave, you have the right to return to your original job. If a redundancy situation arises, you must be offered a suitable alternative vacancy if one is available. If the employer cannot offer you suitable alternative work, you may be entitled to redundancy pay.
• If you are employed on a FIXED TERM CONTRACT when adopting that ends during your ordinary adoption pay period you will continue to receive SAP (see below) for its total duration, even if your contract ends before this.

Additional Adoption leave:

Additional adoption leave starts immediately after ordinary adoption leave and continues for a further 26 weeks, and any employee is entitled to the additional 26 weeks.

Additional adoption leave is usually unpaid unless your employer gives you contractual rights to pay during this period.

During this period your contract of employment continues but with limited terms and conditions.

This additional leave means you can be away from your job on adoption leave for around 52 weeks in total.

When an employer writes to you setting out your return date they will assume that, if you are eligible for additional adoption leave, you will be taking it. If you wish to change your return date you must give 8 weeks notice of this.

What rights do you have at the end of additional adoption leave?

You are entitled to return to your original job or, if this is not reasonably practicable, to a suitable alternative job. If your employer cannot offer you suitable alternative work, you may be entitled to redundancy pay.

Adoption Pay -

Payments during ‘ordinary’ and ‘additional’ adoption leave are:

• Employees and workers who have at least 26 weeks service with their employer (by the the week you are notified of being matched with an adopted child) will qualify for Statutory Adoption Pay (SAP).
• SAP is paid for a maximum of 39 weeks (if your expected date of placement is on or after 1st April 2007).
• SAP is paid for 39 weeks at the flat rate of £123.06 per week, from 6th April 2009 (or 90% of average weekly earnings if this is less than £123.06 per week).  Rising to £124.88 per week from 6th April 2010.
• Normal tax and national insurance contributions will be deducted from SAP.
• Your employer may offer more generous payments during ‘ordinary’ adoption leave if this is written into your contract of employment.

From 1st April 2007 ‘Keeping in Touch’ days are introduced:

During either Ordinary or Additional Adoption Leave, Employees can now do up to 10 days work – as long as both parties agree to the work being done (and what work will be done and how much you will be paid). This ‘work’ can include relevant training, attending conferences/meetings etc.

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Please note that the advice given on this website and by our Advisors is guidance only and cannot be taken as an authoritative interpretation of the law. It can also not be seen as specific advice for individual cases. Please also note that there are differences in legislation in Northern Ireland.