The statutory right to up to 52 weeks' adoption leave and 39 weeks' adoption pay is available to eligible employees adopting a newly placed child. Where a couple adopts a child jointly, only one of them can take adoption leave. The couple can choose which parent takes leave; the other parent may be able to take paternity leave, or parental leave, or shared parental leave.
A staff member is entitled up to 52 weeks adoption leave (comprising 26 weeks' Ordinary Adoption Leave (OAL) and 26 weeks' Additional Adoption Leave (AAL), for the purposes of caring for a newly adopted child up to the age of 18 years. They are also entitled to statutory adoption pay for the first 39 weeks of this leave period. The other parent will be able to take two weeks' paid "paternity" leave.
This guidance has been designed to act as a point of reference. For further details please refer to the full adoption policy.
Adoption Leave Policy
Eligibility
Adoption is now a 'day one' right, the previous requirement to have 26 weeks' continuous service at the point when a parent is advised that he or she has been matched for adoption having been removed. However, the qualifying period for statutory adoption pay, like statutory maternity pay, remains at 26 weeks.
To qualify you must meet the following requirements:
- be newly matched with a child for adoption by an approved adoption agency
- notify your line manager within seven days of being matched with a child for adoption.
Please be aware that leave is not available in cases when a child is not newly matched, e.g. in the case of a step-parent legally adopting a partner’s child or where adoption follows a period of fostering.
Rights before adoption - time off to attend adoption
An employee who has been notified that a child is to be placed for adoption has the right to paid time off to attend adoption appointments arranged by the adoption agency to have contact with the child or for any other purpose connected with the adoption. The primary adopter can take time off on up to five occasions to attend adoption appointments. Each period of time off can last a maximum of six and a half hours.
Notification
To be eligible to take adoption leave the employee must notify his or her employer of an intention to take adoption leave within seven days of being notified of a match with the child by the adoption agency. If it is not reasonably practicable to give seven days' notice, the employee must give notice as soon as it is reasonably practicable. The employee must inform the employer of:
- the date that the child is expected to be placed with them for adoption
- the date that they want adoption leave to commence.
The employee can elect to start leave:
- from the actual date of the child's placement
- from a fixed date up to 14 days before the expected date of placement (but no later than the date of placement).
Leave can begin on any day of the week. Only one period of leave is permitted for each placement, regardless of how many children are placed at that time as part of the same arrangement. The adopter can subsequently change his or her mind about when he or she would like to start leave, provided at least 28 days' notice of the new start date is given (unless this is not reasonably practicable). The employer has up to 28 days to respond to the employee's request for adoption leave. The employer must notify the employee of the date on which his or her additional adoption leave will come to an end. If the employer does not give the notice, it will not be able to require an employee to give notice if they want to return to work early from adoption leave and it will be more difficult to discipline an employee if they do not return to work on the expected return date. At the employer's request, the employee must provide the employer with documentary evidence from the adoption agency of the placement for adoption (such as a matching certificate).
Statutory Adoption Pay (SAP)
The rate of SAP is £151.97 per week (from 4th April 2021, increasing to £156.66 from 3rd April 2022) or 90 per cent of average earnings, whichever is the lower, and is payable for up to 39 weeks, but the first six weeks of SAP is paid at 90 per cent of the employee's weekly earnings The uplift, which mirrors statutory maternity pay, was introduced on 5th April 2015. Previously SAP had been paid at a flat rate throughout.
Accrued Annual Leave
Annual leave continues to accrue during adoption leave.
Keeping in Touch Days (KIT)
Employees on adoption leave may, by agreement, work for up to 10 days during adoption leave without bringing their adoption leave to an end or reducing their entitlement to statutory adoption pay. These are known as 'keeping in touch' or KIT days. There is no right or obligation to work KIT days during adoption leave. The employer is also allowed to maintain reasonable contact with the employee during their adoption leave.
Maintaining contact with the staff member
Managers will need to decide how they will provide cover for the staff member’s leave period, and keep them informed about changes to the University while they are on leave. The staff member may work for the University during their leave period for up to 10 days (known as “keeping-in-touch” days) without losing Statutory Adoption Pay or bringing their leave to an end. However, you are not obliged to provide such work and the individual is not obliged to accept it.
The right to return after adoption leave
The staff member has the right to return to their previous job. If, following AAL, it is not reasonably practicable for them to return to their old job, they can be offered a different post as long as it is a suitable alternative on no less favourable terms and conditions.
Line manager checklist
- Discuss your member of staff's plan as early as possible.
- Ensure that your staff member sends you an email confirming when the child is expected to be placed with them and the date that they intend to start their adoption leave. Your staff member also needs to provide a 'matching certificate'.
- Discuss arrangements for keeping in touch, the best way to get in contract and how often and the type of things that they want to be kept up to date about.