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Adoption Leave and Pay

Employees who adopt a child may be entitled to take 52 weeks’ adoption leave, made up of 26 weeks’ Ordinary Adoption Leave and 26’ weeks Additional Adoption Leave. Employees should tell you within seven days of being told that they have been matched with a child. If this is not possible, they must tell you as soon as possible.

Adoption leave and pay are available to:

  • individuals who adopt
  • one member of a couple where a couple adopt jointly (the couple chooses which partner takes adoption leave).
  • from April 2012 the rate of statutory adoption pay is £135.45 per week
  • Statutory adoption pay is payable to eligible employees for 39 weeks

To qualify for adoption leave, an employee must:

  • be newly matched with a child for adoption by an adoption agency
  • have worked continuously for you for 26 weeks ending at the time they are notified of being matched with a child for adoption

Employees must give you documentary proof to show that they have the right to paid Statutory Adoption Leave. This is usually a matching certificate from their adoption agency.

Paid annual leave will continue to accrue during adoption leave. Up to ten keeping in touch days can be worked, and there is no provision for these days to be paid. Statutory Adoption Pay may be paid or this may be off set against any contractual pay agreed.

Employees will not qualify for Statutory Adoption Leave or Pay if they:

  • arrange a private adoption
  • become a special guardian
  • adopt a stepchild
  • have a child through surrogacy

Different rules apply to employees adopting a child from overseas.

If you require more information on the subject of adoption leave please contact us here.

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