Leave | Adoption Leave

Leave | Adoption Leave

Overview

Adoption Leave refers to time off to adopt a child or have a child through a surrogacy arrangement.

Statutory Adoption Leave is 52 weeks and consists of:
  1. 26 weeks of Ordinary Adoption Leave.
  2. 26 weeks of Additional Adoption Leave.

Edition

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Details

Entitlement

Employees may qualify for Statutory Adoption Leave based on the below criteria:

      1. Be classified as an employee.
      2. Provide the employer with the correct notice period of the planned Adoption Leave.
      3. Provide the employer with proof of the adoption or surrogacy, as requested by the employer.

Pay Eligibility

Employees should meet the below requirements in order to receive Statutory Adoption Pay:

      1. Have been continuously employed by the employer for at least 26 weeks prior to requesting the Adoption Leave.
      2. Earn on average at least £123 a week (before tax).
      3. Provide the employer with the correct notice period of the planned Adoption Leave.
      4. Provide the employer with proof of the adoption or surrogacy.

If the employee usually earns an average of £123 or more a week, and earned less in some weeks because the employee was paid but not working (‘on furlough’) under the Coronavirus Job Retention Scheme, the employee may still be eligible.

Employers are required to provide a SAP1 explaining why the employee is not eligible for Statutory Adoption Pay.

Pay Calculation

Adoption Pay is paid for up to 39 weeks and is based on the following:

      1. 90% of the average weekly earnings for the first 6 weeks.
      2. £172.48 or 90% of the average weekly earnings (whichever is lower) for the next 33 weeks.

Tax and National Insurance will be deducted from the Adoption Pay Value.

Note!
      Employees may receive more pay if the employer has a company adoption pay scheme, however,  employers cannot pay less than the statutory amount.

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