Adoption Leave and Pay: Employer's Guide

Adoption leave mirrors maternity leave in most respects. Understanding the rules helps you support employees growing their families through adoption.

Who Qualifies for Adoption Leave?

Eligibility

An employee qualifies if:

• Matched with a child for adoption
• Has notified the adoption agency they agree to the placement
• Is the "primary adopter" in a couple (one parent must be designated)

No minimum service required for adoption leave itself.

Who Doesn't Qualify

• Self-employed (but may get SAP through HMRC)
• Agency workers
• The "secondary adopter" in a couple (they get paternity leave)
• Step-parent adoptions
• Private fostering arrangements

Adoption Leave Entitlement

Duration

52 weeks total:

• 26 weeks Ordinary Adoption Leave (OAL)
• 26 weeks Additional Adoption Leave (AAL)

When It Starts

Leave can start:

• From the date of placement (when child arrives)
• Up to 14 days before expected placement date

The employee chooses.

Statutory Adoption Pay (SAP)

Eligibility for SAP

Must have:

• 26 weeks' continuous employment by the matching week
• Average weekly earnings at or above Lower Earnings Limit (£123/week in 2024/25)
• Stopped working
• Given proper notice

SAP Rates

Period	Rate
First 6 weeks	90% of average weekly earnings
Next 33 weeks	Lower of: 90% of AWE or £184.03

Total: 39 weeks of statutory pay.

Matching Week

The week in which the adopter is notified of being matched with a child.

Notice Requirements

From Employee

Intention to take adoption leave: Within 7 days of being notified of match (unless not reasonably practicable):

• Expected date of placement
• When they want leave to start

Changing the start date:

• 28 days' notice (if reasonably practicable)

From You

Confirmation: Within 28 days of receiving notice:

• Their entitlement
• When leave will start
• When leave will end (assuming full 52 weeks)

Time Off for Adoption Appointments

Before Placement

Primary adopter:

• Paid time off for up to 5 adoption appointments
• Agency and official appointments covered

Secondary adopter:

• Unpaid time off for up to 2 appointments

What Counts

• Meetings with adoption agency
• Panels
• Introduction visits
• Official appointments

During Adoption Leave

Employment Status

Employee remains employed throughout:

• Contract continues
• Most terms and conditions preserved
• Service continues to accrue
• Benefits continue (depending on terms)

Terms That Continue

During both OAL and AAL:

• Annual leave accrual
• Pension contributions (if paid into maternity scheme)
• Company car (usually)
• Mobile phone (usually)
• Other contractual benefits

What Doesn't Continue

• Wages/salary (unless contractual adoption pay)
• Bonus accrual (depends on scheme rules)
• Some benefits may be paused

Keeping in Touch (KIT) Days

What They Are

The employee can work up to 10 KIT days without:

• Ending adoption leave
• Losing SAP for that week

How They Work

• Both parties must agree
• Can be for any work-related purpose
• Paid at agreed rate (at least normal rate for work)
• Any amount of work in a day uses one KIT day

Examples of KIT Days

• Training sessions
• Team meetings
• Project updates
• Client meetings
• Keeping skills current

Returning to Work

After OAL (26 weeks or less)

Right to return to:

• Same job
• Same terms and conditions
• As if never absent

After AAL (more than 26 weeks)

Right to return to:

• Same job if reasonably practicable
• If not, suitable alternative work
• Terms not less favourable

Notice of Return

Standard: No notice required to return at expected date.

Early return: 8 weeks' notice required.

Late return: This is unauthorised absence.

Postponing Return

You can postpone return by up to 4 weeks if:

• Not reasonably practicable to let them return on intended date
• You tell them before intended return date
• You tell them the new date

Shared Parental Leave

How It Works with Adoption

The primary adopter can:

• Curtail adoption leave early
• Create Shared Parental Leave
• Share this with their partner

The Maths

Starting Point	Amount
Total adoption leave	52 weeks
Minus weeks taken	-X weeks
Available as SPL	52-X weeks

Shared Parental Pay

From 39 weeks' statutory pay:

• Minus weeks of SAP taken
• Remaining weeks available as ShPP

Surrogacy

Parental Order

If parents have a child through surrogacy and obtain a parental order, they may be eligible for:

• Adoption leave and pay
• Same rules as adoption

Eligibility

Intended parents must:

• Apply for a parental order
• Be matched with surrogate before birth
• Meet eligibility requirements

Overseas Adoptions

Official Notification

For overseas adoptions, the 26-week employment test is based on:

• The week of "official notification" (approval to adopt from abroad)

Leave Start

Leave can start:

• When child arrives in UK, or
• Within 28 days of arrival

SAP

Same rates and duration as domestic adoption.

Discrimination Protection

During Adoption Process

Employees must not suffer detriment for:

• Taking adoption leave
• Seeking to take adoption leave
• Exercising adoption-related rights

Dismissal

Dismissal for adoption-related reasons is:

• Automatically unfair (no qualifying period)
• Pregnancy/maternity discrimination equivalent

Redundancy During Adoption Leave

Enhanced Protection

If redundancy arises during adoption leave:

• Employee has right to be offered suitable alternative vacancy
• Before it's offered to others
• If one exists

Same Rules as Maternity

Mirrors maternity leave redundancy protection.

Practical Steps

When Employee Announces Adoption

1. Congratulate them
2. Explain the process and their entitlements
3. Request notice of intended leave dates
4. Discuss time off for appointments
5. Confirm in writing their leave period

During Leave

1. Stay in touch (appropriately)
2. Offer KIT days if appropriate
3. Keep them informed of relevant developments
4. Don't pressure early return

Before Return

1. Confirm return date
2. Plan handover/induction
3. Consider flexible working requests
4. Ensure job is available

Record Keeping

What to Keep

• Matching notification
• Notice of leave dates
• SAP calculations
• KIT days taken
• Return to work date
• Any correspondence

How Long

Keep for 3 years after the end of the tax year in which adoption leave ends.

Checklist

On Notification of Match

• Congratulate employee
• Explain entitlements
• Request notice of leave dates
• Confirm in writing within 28 days

Before Leave Starts

• Agree time off for appointments
• Calculate SAP entitlement
• Plan handover
• Set up payroll for SAP

During Leave

• Pay SAP correctly
• Maintain appropriate contact
• Offer KIT days if appropriate
• Keep them informed of relevant matters
• Protect from redundancy if applicable

Before Return

• Confirm return date
• Prepare for return
• Consider any flexible working requests
• Ensure job is available