Adoption leave and pay in the UK: 52 weeks, £194.32

When an adopted child joins the family, an employee in the UK has a separate entitlement: Statutory Adoption Leave, and in most cases Statutory Adoption Pay. The rules are set out in the GOV.UK guide, and they differ from maternity rules in two ways that matter: the notice periods are short, and only one person in a couple can take the leave.

How long is adoption leave?

52 weeks, split into 26 weeks of Ordinary Adoption Leave and 26 weeks of Additional Adoption Leave. Only one person in a couple can take it; the other partner may be able to take paternity leave instead.

On top of that you get paid time off to attend five adoption appointments once you have been matched with a child. Those hours do not come out of the 52 weeks.

Leave can start up to 14 days before the child starts living with you for UK adoptions; when the child arrives in the UK or within 28 days of that date for overseas adoptions; and on the day the child is born or the day after if you have used a surrogate.

How much is paid, and for how long?

Statutory Adoption Pay runs for up to 39 of the 52 weeks. The first six weeks are paid at 90% of your average weekly earnings. The next 33 weeks are paid at £194.32 a week, or 90% of your average weekly earnings if that is lower. It arrives like wages, with tax and National Insurance deducted.

An employer may pay more under a company adoption pay scheme, but cannot offer less than the statutory amount. If you disagree with the amount, or the employer cannot pay it because they are insolvent, the Statutory Payment Disputes Team handles the dispute.

The remaining 13 weeks are unpaid, but employment rights are protected throughout the leave: pay rises, accruing holiday, and the right to return to work.

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Who qualifies, and who gets nothing?

The tests for leave and for pay are different. For the leave you must be an employee, give the correct notice, and give proof of the adoption or surrogacy if your employer asks for it.

For the pay there is more: at least 26 weeks of continuous employment with that employer by the week you were matched with a child, and average earnings of at least £129 a week before tax. For an overseas adoption the 26 weeks are counted to the point the pay starts; in a surrogacy arrangement, to the 15th week before the baby is due.

There is no entitlement at all if you arrange a private adoption, become a special guardian or kinship carer, or adopt a stepchild or a family member. If the employer decides you do not qualify for pay, they must give you form SAP1 explaining why within seven days of the decision. Your local council may be able to help instead if you are adopting a child.

What are the notice deadlines?

They are strict, and they differ for leave and for pay. For leave you must tell your employer within seven days of being matched with a child: how much leave you want, the start date, and the date of placement — the day the child is placed with you. The employer must confirm the start and end dates within 28 days.

For pay you must give at least 28 days' notice, and the employer must confirm the amount and the dates within 28 days. If the date of placement changes you must say so within 28 days; if you want to change your return-to-work date, you must give at least eight weeks' notice.

What proof will be asked for?

Proof of adoption is required for the pay, and for the leave only if the employer requests it. It must show your name and address and the agency's, the match date — a matching certificate, for example — and the date of placement, such as a letter from the agency.

Overseas adoptions add the relevant UK authority's official notification confirming you are allowed to adopt, and the date the child arrived in the UK, for which a plane ticket will do. If you are adopting from overseas with a partner you also sign form SC6, confirming that paternity leave and pay are not being taken. The official GOV.UK planner works out the dates.