Adoption leave and pay: A guide for employers

Eden Scott is a team of recruitment professionals. While the information provided here is accurate to the best of our knowledge, it is intended for general guidance only. To ensure compliance with current and upcoming legislation, employers can consult with an HR or employment law specialist.

Adoption leave

What is adoption leave?

Adoption leave is a flexible leave option that allows adoptive parents to take time off work after the adoption of a child.
 

What is statutory adoption leave?

Statutory adoption leave is the minimum amount of leave employers must legally provide to qualifying employees after the placement of a child for adoption. 
 

Who is eligible for statutory adoption leave?

To be eligible for statutory adoption leave, an employee must:
 

• Be an adoptive parent or the partner of the adoptive parent.
• Have been continuously employed by their employer for at least 26 weeks by the end of the week they are notified of being matched with a child.

Like maternity and paternity leave, adoption leave is a day one right.  
 

How long is statutory adoption leave in the UK?

Statutory adoption leave lasts up to 52 weeks. This is divided into:
 

• 26 weeks of ordinary adoption leave 
• 26 weeks of additional adoption leave 

When can employees start statutory adoption leave?

Employees can start their adoption leave:
 

• Up to 14 days before the placement date of the child
• On the placement date itself
• The day after the child arrives in the case of fostering to adopt
   

Do eligible employees have to take adoption leave?

No, adoption leave is optional. Employees must notify their employer of their intention to take adoption leave and provide the appropriate documentation.
 

Can employees take more time off than their statutory adoption leave entitlement?

Yes, but this depends on the employer’s policy. Employers may choose to offer additional leave, either paid or unpaid.
 

Are part-time employees entitled to adoption leave?

Yes, part-time employees are entitled to statutory adoption leave if they meet the same eligibility criteria as full-time employees (see: 'Who is eligible for statutory adoption leave?').
 

Adoption pay and benefits

What is adoption pay?

Adoption pay is the amount of money adoptive parents receive while on statutory adoption leave. It helps to financially support parents during their time away from work.
 

What is statutory adoption pay (SAP)?

Statutory adoption pay (SAP) is the legal minimum amount employers must pay eligible employees during adoption leave. It is similar to statutory maternity pay.
 

Who is eligible for statutory adoption pay?

To receive SAP, employees must:
 

• Be eligible for statutory adoption leave.
• Have earned at least £123 per week during the 8-week ‘relevant period’ before the week they are notified of being matched with a child.
• Have worked continuously for the same employer for at least 26 weeks by the time they are notified of being matched.
   

Who pays statutory adoption pay?

Employers pay SAP, but they can reclaim it from HMRC:

• Employers with Class 1 National Insurance contributions of £45,000 or less in the previous tax year can reclaim 103% of SAP.
• Other employers can reclaim 92% of SAP.
   

For how long do employees receive statutory adoption pay?

SAP is available for up to 39 weeks and is paid as follows:

• The first 6 weeks: 90% of the employee’s average weekly earnings.
• The remaining 33 weeks: £172.48 per week or 90% of their average weekly earnings (whichever is lower).
   

Are taxes and national insurance deducted from adoption pay?

Yes, taxes and national insurance contributions are deducted from statutory adoption pay.
 

Do employers need to make pension contributions during adoption leave?

Yes, employers must continue making pension contributions based on an employee’s usual earnings, even if the employee is receiving statutory adoption pay.
 

Notification and timing

How should employees claim statutory adoption leave?

Employees must:
 

• Notify their employer in writing of their intention to take adoption leave.
• Provide a matching certificate or official placement notification as evidence.
• Notify their employer at least 7 days before their leave is set to start (or as soon as reasonably practical).
   

How should employers respond to a statutory adoption leave claim?

Employers must respond to adoption leave requests within 28 days, confirming the details of the leave arrangement. They can request additional evidence, such as proof of the adoption placement.
 

How should employees claim statutory adoption pay?

Employees must:
 

• Notify their employer of their intention to claim SAP at least 28 days before the payment period begins.
• Provide required evidence, such as a matching certificate or placement documentation.

 

How should employers respond to a statutory adoption pay claim?

Employers must:
 

• Confirm payment arrangements within 28 days of the claim.
• Provide a written explanation if the employee is not eligible for SAP.

 

Rights and protections

What rights do employees have when returning to work after adoption leave?

Employees have the right to return to the same job if they take up to 26 weeks of adoption leave. If they take more than 26 weeks, they are entitled to return to a similar job with the same or better terms and conditions.
 

Can an employee’s role be made redundant while they’re on adoption leave?

Yes, but employees on adoption leave have enhanced redundancy protections. Employers must offer a suitable alternative role wherever possible before considering other candidates.
 

What happens if an employee decides not to return to work after adoption leave?

Employees can resign during adoption leave, but they must provide the agreed notice period. Statutory adoption pay will stop when their employment ends.
 

Can an employee work for another employer during adoption leave?

Yes, if their contract allows, employees can work for another employer during their adoption leave.
 

Communication and management

Can employers contact employees on adoption leave?

Employers can make reasonable contact with employees during adoption leave, but they should agree on communication preferences beforehand. Employers must keep employees informed about significant workplace changes, such as redundancies or job opportunities.
 

What are keeping in touch (KIT) days, and how do they work?

Employees on adoption leave can use Keeping in Touch (KIT) days to work for up to 10 days without affecting their leave or pay.
These days are optional and can be used for training, meetings, or regular work tasks. Employers and employees should agree on how KIT days will be managed.
 

Further reading

1 Maternity leave and pay: A guide for employers
2 Paternity leave and pay: A guide for employers
3 Shared parental leave and pay: A guide for employers
4 GUIDE: Unfair dismissal - How to protect your business