Am I entitled to adoption leave and pay from my employer?
Your pay and leave entitlements from your employer.
From 1 April 2007, new regulations came into force for maternity, paternity and adoption leave and pay. This relates to adoption placements where it is planned that the child should be placed with their adoptive family on or after 1 April 2007. An adopter who is eligible for Statutory Adoption Pay (SAP) is entitled to up to 39 weeks of SAP from their employer.
Adopters who are eligible are also entitled to a total of 52 weeks of Statutory Adoption Leave, but only the first 39 weeks is paid leave.
You must inform your employer within seven days of being matched with a child, and provide relevant documentation, usually a ‘matching certificate’. This also includes local authority foster carers who have been looking after a child whom the agency then decides to place with them for adoption.
From 1 April 2007, SAP and Statutory Paternity Pay is £112.75 per week. If you are the ‘supporting’ partner of someone adopting a child, you are entitled to Statutory Paternity Pay (SPP) and paternity leave of one or two whole weeks, to be taken up to 56 days after the child is placed. An adopting couple may choose who takes adoption leave and who takes ‘paternity’ leave, irrespective of gender.
Adoption leave and pay is also available for intercountry adopters, although there are slight variations on the provision. There is no adoption leave or pay entitlement for adoptions that are not the result of an agency placement, such as step-parent adoptions.
For more information adoption leave and pay, see DTI: Adoption leave and pay. Adopters can also access an interactive tool to help work out their adoption leave and pay entitlements.
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Last updated: 09 November 07
