A couple of years ago, we wrote a blog post about parental leave (which you can read here) and we included a couple of lines in it about adoption leave. But because it’s an important subject, we thought it would be interesting to look at it on its own.
Adoption leave was introduced so that a family adopting a child (or having a child via a surrogate) would have the same rights and opportunities as birth parents. The leave allows adoptive parents with time off work to bond with their new child and adjust to their expanded family as well as providing financial support during this important time.
Who is eligible for Adoption Leave?
To qualify for adoption leave, the new parent or parents must be an employee (i.e. not a contractor or self-employed) and have been matched with a child for adoption through an approved adoption agency. This includes adoptions from within the UK and from abroad. Adoption leave is also available to local authority foster parents who are prospective adopters under the “fostering for adoption” scheme.
The entitlement applies to both single and joint adopters. However, if two people are adopting together, only one can take adoption leave, while the other may be eligible for paternity leave or shared parental leave. To claim adoption leave, the employee must notify their employer of their intention to take leave within seven days of being matched with a child (or as soon as reasonably practicable), so the employer may get far less notice of a prolonged absence than they would with Maternity or Paternity Leave.
How long does Adoption Leave last?
If an employee is eligible, they can take up to 52 weeks of adoption leave. This leave is divided into two parts: 26 weeks of Ordinary Adoption Leave (OAL) and 26 weeks of Additional Adoption Leave (AAL). Adoption leave can begin from the date the child starts living with the adoptive family or up to 14 days before that date.
Statutory Adoption Pay (SAP)
Statutory Adoption Pay can be paid to employees during their time on leave. To qualify, the employee must have been continuously employed by their employer for at least 26 weeks by the week they are matched with a child and earn an average of at least £123 per week (as of the 2024/25 tax year).
Statutory Adoption Pay is paid for up to 39 weeks and is paid in two ways. For the first six weeks of leave, the employee is entitled to 90% of their average weekly earnings and then for the remaining 33 weeks, they are entitled to £184.03 per week (or 90% of the employee’s average weekly earnings, whichever is lower).
As we have mentioned with other kinds of statutory pay, the employer can choose to top up the employee’s pay to their normal rate.
Rights During Adoption Leave
Employees on adoption leave retain the same employment rights as if they were working. This includes accrual of holiday entitlement, protection from unfair dismissal, and the right to return to the same or a similar job after leave. If an employee’s role is made redundant during adoption leave, they must be offered a suitable alternative role where available.
Shared Parental Leave
The option for Shared Parental Leave is also available for adoptive parents if they wish to share the 52 weeks of leave and 39 weeks of pay between themselves.
Adoption Leave is a really important statutory benefit for families who are often welcoming children with additional needs although as it can be requested with less notice that other types of leave, it is always worth ensuring there is an open dialogue between employers and employees if adoption is being considered. If we can help with an aspect of Adoption Leave or any other statutory leave, just get in touch.