Since 1st April 2007 adoption leave and pay entitlements in relation to an adoption from within the United Kingdom, are as follows. Different rules apply where the adoption is from outside the United Kingdom

To qualify for adoption leave where the adoption is within the United Kingdom, the employee: 

  • Must have been matched with a child
  • Have notified the agency that the child should be placed with them and agree the date
  • Notify their employer of when they want to take their adoption leave no more than seven days after they have been notified that they have been matched with a child

Eligible employees can take up to 52 weeks leave which is made up of 26 weeks Ordinary Adoption Leave and 26 weeks Additional Adoption Leave.

For those employees who qualify for Statutory Adoption Pay they will be entitled to receive Statutory Adoption Pay for up to 39 weeks.

The earliest that Adoption Leave and Statutory Adoption Pay can start is 14 days before the expected date of placement of the child whilst the latest date is the actual date of placement.

Employers can make reasonable contact with their employees during the Adoption Leave to keep the employee notified of any changes within the workplace. In addition there are up to 10 “Keeping In touch” (KIT) days during the leave period when the employee can do work for the employer without materially affecting leave and pay arrangements. The KIT days have to be agreed by both parties i.e. the employer cannot require the employee to work or the employee insist on working. The days are commonly used for training and other update purposes prior to the employee’s return.

Eligible parents of children matched for adoption ​are entitled to share the care of their child during the first year after their adoption.    Parents have the option of choosing to end their adoption leave and share the remaining leave as flexible parental leave.  One of the persons adopting will still need take the initial two or four weeks following the adoption of the child but can then split ​the remaining weeks of Shared Parental Leave any way they want.  SAP is still paid for 39 weeks 

Keeping in touch days still apply to those parents that choose to take shared parental leave.  Each parent is entitled to 20 Shared Parental Leave in touch days (SPLit).  The same rules still apply as for KIT days.

Maternity, Paternity, Adoption & Parental Guide

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