Adoption Leave is split into two types – Ordinary and Additional.
Adoption leave – who qualifies?:
Employees 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),
- and who are newly matched with a child for adoption by an adoption agency recognised in the UK,
- 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, or if you adopt privately or through surrogacy. If you adopt a child that you are fostering you must be ‘matched’ with that child for adoption through a recognised agency to be eligible for Adoption Leave and Pay.
Workers and Freelancers are generally not entitled to Statutory Adoption Leave although your Employer may give you unpaid leave. Workers may be entitled to Statutory Adoption Pay. If you are an Employee who is not entitled to Adoption Leave or Pay then your Employer may agree to give you unpaid leave, paid holiday or Parental Leave.
If you meet the above criteria you qualify for 52 weeks of Statutory Adoption Leave (26 weeks Ordinary and 26 weeks Additional Leave) and 39 weeks of Statutory Adoption Pay.
- 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, and give them the ‘matching certificate’ from your Adoption Agency.
- You can change your mind about when you want to start your adoption leave as long as you give your Employer 28 days notice.
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, including statutory holiday entitlement and Employers’ pension contributions.
- 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 on your original terms and conditions. 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. You, however, do not have to take Additional Adoption Leave.
- During this period your contract of employment continues but with limited terms and conditions, but you continue to accrue statutory holiday entitlement.
- 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 (which they must do within 28 days of you telling them that you are adopting) 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.
- You can also take 4 weeks of Parental Leave at the end of your Adoption Leave without affecting your return to work rights.
- If you decide not to return from Adoption Leave you must give your Employer your normal ‘contractual’ notice to resign.
Statutory Adoption Pay -
Payments during ‘ordinary’ and through part of the ‘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.
- SAP is paid for 39 weeks at the flat rate of £128.73 per week, from 6th April 2011 (or 90% of average weekly earnings if this is less than £128.73 per week). Rising to £135.45 per week from 1st April 2012. If you earn less than the Lower Earnings Limit (LEL) for National Insurance contributions (currently £102 per week from 11th April 2011) you are not eligible for SAP but have the right to unpaid adoption leave if you meet the other conditions.
- Normal tax and national insurance contributions will be deducted from SAP as it is paid through your normal payroll.
- Your employer may offer more generous or longer payments during adoption leave if this is written into your contract of employment.
- Your Employer must continue making any pension contributions they make for you during the whole SAP period (or for all the time you receive any ‘contractual’ Adoption Pay).
- From 3rd April 2011, if you do not take all of the 39 weeks SAP you are eligible for, and you are part of a couple that is jointly adopting, then the other adoptor (partner/spouse) may be able to ‘take over’ the remaining entitlement you have not used. See our updated advice about taking Additional Paternity Leave here.
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.
- You do not lose entitlement to Adoption Leave or Pay during these days.
Holiday Entitlement:
During Adoption Leave you obviously cannot take holiday and be on adoption leave at the same time. Therefore you must take your holiday entitlement before or after adoption leave. For details on bank holidays that occur during statutory adoption leave see our
Working Time Directive page.
Image by love･janine
If you work in the UK Media Industries and have a question about this or any other topic, please e-mail us at workline@freelanceadvisor.co.uk
If you are an Employer and need ongoing professional help with any staff/freelance issues then talk to us at The HR Kiosk (click here) - a Human Resources Consultancy for small businesses – you can retain us for as much time as you need.
Workline is supported by Employment Lawyers Goodman Derrick LLP. 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.
