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Adoption Leave
19 Aug 2007
The information contained within this briefing is accurate at the time of writing.
How much adoption leave and pay are employees entitled to?
Providing an employee has 26 weeks' service before the date on which they are matched with a child, they will be entitled to adoption leave and adoption pay.
Employees will be entitled to 26 weeks' ordinary adoption leave and 26 weeks' additional adoption leave, making one year in total, on similar terms to maternity leave.
Statutory adoption pay has been extended to 39 weeks’ pay at the same rate as SMP with the intention that this will increase in line with the maternity pay provisions to 52 weeks’ pay by the end of the next Parliament.
What other rules apply to adoption leave?
Where couples adopt jointly, they can choose which of them takes the adoption leave.
The partner of someone who takes adoption leave may be entitled to paternity leave, providing they have at least 26 weeks' service.
Adoption leave will be available to those adopting children up to 18 years of age, as long as the child is newly placed for adoption.
Adoption leave applies to those adopting children overseas as well as in the UK.
What notice periods are needed to take adoption leave?
Employees must give their employer notice no more than seven days after they are notified of having been matched with the child, that they intend to take adoption leave. To qualify for adoption pay, an employee must give their employer at least 28 days' notice of the start of adoption leave (unless this is not reasonably practicable).
Adoptive parents will be protected from suffering a detriment or unfair dismissal for reasons connected with taking or seeking to take adoption leave or the benefits of adoption leave. The protection will begin when parents are approved for adoption.
Other changes to maternity, paternity and adoption legislation
The government has also introduced “keeping in touch days”, whereby an employee taking adoption leave can work for up to 10 days during the statutory leave period, without losing statutory pay for that week or bringing his or her leave to an end.
As part of the move towards better communication during adoption leave, reasonable contact is now permitted during the statutory leave period. Either party is permitted to make contact from time to time without the leave period being brought to an end. The government intends to release guidance about what is meant by “reasonable contact” soon.
19 Aug 2007
The information contained within this briefing is accurate at the time of writing.
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