About this information
- This area sets out information for employers and employees about the arrangements for adoption leave and pay for employees who are:
- Adopting a child through a UK adoption agency.
- Fostering a child with a view to possible adoption.
- Having a child through a surrogate mother.
- Arrangements for time off for adoption appointments are set out in the Time off for Adoption Appointments Information.
- In some cases the employee and their spouse or partner may be eligible to opt into the shared parental leave scheme which gives them more flexibility to share the available leave and pay. For information, see the Shared Parental Leave (Adoption) Information.
- This information only applies to employees. It does not apply to agency workers or self-employed contractors.
Entitlement to adoption leave
- In an adoption case or a fostering for adoption case, employees are entitled to adoption leave if all the following conditions are met:
- they are adopting a child through a UK adoption agency, or they are a local authority foster parent who has been approved as a prospective adopter.
- the adoption agency or local authority has given them written notice that it has matched them with a child and tells them the expected placement date.
- they have told the agency or local authority that they agree to the placement.
- In a surrogacy case, employees are entitled to adoption leave if all the following conditions are met:
- a surrogate mother gives birth to a child, who is biologically the child of either the employee or their spouse or partner (or both).
- the employee expects to be given parental responsibility under a parental order from the court. The child must live with the employee and the employee must apply for the parental order within six months of birth. (Please note that applying for these orders is outside the scope of this information.)
- In either case, only one parent can take adoption leave. If the employee’s spouse or partner takes adoption leave with their employer, the other parent may be entitled to paternity leave (see the Paternity Leave Information). In some cases the employee may also qualify for shared parental leave (see the Shared Parental Leave (Adoption) Information).
- The maximum adoption leave entitlement is 52 weeks, consisting of 26 weeks’ Ordinary Adoption Leave (OAL) and 26 weeks’ Additional Adoption Leave (AAL).
Notification requirements
- In an adoption or fostering for adoption case, the employee must tell the employer, preferably in writing of the expected placement date, and their intended start date for adoption leave. The employee must give this information not more than seven days after the agency or local authority notifies them in writing that it has matched them with a child, or if that is not reasonably practicable, as soon as they can.
- Once the employee receives the matching certificate from the agency or local authority, they must provide the employer with a copy.
- In a surrogacy case, the employee must tell the employer, preferably in writing, of their intention to take adoption leave and give the expected week of childbirth (EWC). The employee must give this information by the end of the 15th week before the EWC, or if that is not reasonably practicable, as soon as they can. When the child is born the employee needs to tell the employer the date of birth.
- The employer then needs to write to the employee within 28 days of receiving the notification, to confirm their expected return date assuming the employee decides to take their full entitlement to adoption leave.
Starting adoption leave
- In an adoption or fostering for adoption case, OAL may start on a date chosen by the employee but it must be no more than 14 days before the expected placement date, or on the date of placement itself; it cannot be later.
- If the employee wants to change the intended start date they need to tell the employer in writing. Employees should give as much notice as they can, but wherever possible they must tell employers at least 28 days before the original intended start date (or the new start date if they are bringing the date forward). Employers then need to write to the employee within 28 days to tell them the new expected return date.
- In a surrogacy case, OAL will start on the day the child is born, unless the employee is at work, in which case it will start on the following day. The employee cannot change the start date.
Adoption pay
- Statutory adoption pay (SAP) is payable for up to 39 weeks provided the employee has at least 26 weeks’ continuous employment with the employer ending with the Qualifying Week (the week in which the adoption agency or local authority notified the employee of a match, or the 15th week before the EWC) and the employee’s average earnings are not less than the lower earnings limit set by the government each tax year. The first six weeks’ SAP are paid at 90% of the employee’s average earnings and the remaining 33 weeks are at a rate set by the government each year.
- If in doubt, the government website here should be checked as these limits change each year.
During adoption leave
- All the terms and conditions of the employee’s employment remain in force during OAL and AAL, except for the terms relating to pay. The right to full salary falls away and is replaced by payment of statutory adoption pay, which is payable at the statutory rate applicable at the time and lasts for a maximum of 39 of the 52 weeks of leave entitlement.
- Annual leave entitlement will continue to accrue at the rate provided under the employee’s contract. If the period of adoption leave will continue into the next holiday year, any holiday entitlement that is not taken or cannot reasonably be taken before starting the adoption leave can be carried over and must be taken immediately before returning to work or within a set period of returning to work according to the employer’s policy. It is helpful if employees discuss their holiday plans with the employer in good time before starting adoption leave.
- If the employee is a member of a pension scheme, the employer must make employer pension contributions during OAL and any further period of paid adoption leave based on the employee’s normal salary, in accordance with the pension scheme rules. Any employee contributions made by the employee will be based on the amount of any adoption pay the employee is receiving, unless the employee informs the employer or the Pensions Administrator that they wish to make up any shortfall.
Keeping in touch
- The employer may make reasonable contact with the employee from time to time during the adoption leave although employers should try and keep this to a minimum. This may include contacting the employee to discuss their arrangements for return to work.
- Employees may work (including attending training) on up to ten “keeping-in-touch” days during their adoption leave. This is not compulsory and must be discussed and agreed with the employer.
- Employees will be paid at their normal basic rate of pay for time spent working on a keeping-in-touch day and this will be inclusive of any adoption pay entitlement. Alternatively, employees may agree with their employer to receive the equivalent paid time off in lieu.
Returning to work
- Employees must return to work on the expected return date unless they tell the employer differently. Employees who wish to return to work early must give the employer at least eight weeks’ notice of the date. It is helpful if employees can give this notice in writing. Employees may be able to return later than the expected return date if they request annual leave or parental leave, which is at the discretion of the employer.
- Employees are normally entitled to return to work in the position they held before starting adoption leave, on the same terms of employment. However, if they have taken AAL (or have combined their adoption leave with more than four weeks of parental leave) and it is not reasonably practicable for the employer to enable them to return to the same position, the employer may give them another suitable and appropriate job on terms and conditions that are not less favourable.
- If employees want to change their hours or other working arrangements on return from adoption leave they should make a request in line with statutory requirements in the Flexible Working Information. It is helpful if such requests are made as early as possible.
- If employees decide they do not want to return to work they must give notice of resignation in accordance with their contract.
