Employment Law Explained

Adoption Leave

From 6th April 2003 an employee who adopts a child and who fulfils certain conditions, including giving the required notice to his/her employer and having worked continuously for the employer for at least 26 weeks, has the statutory right to take up to a year off work on adoption leave.

For the first 26 weeks of leave, called "ordinary adoption leave", the adopter will normally be entitled to Statutory Adoption Pay ("SAP"). During the second period of 26 weeks, called "additional adoption leave", the employee will not be entitled to SAP (so the second six months will be unpaid unless the employee has some special contractual arrangement to the contrary with his/her employer).

The adopter can start adoption leave on the day of the child's placement or from a fixed date, which can be up to 14 days before the expected date of placement. If the placement ends during the leave period the adopter can continue on leave for up to a further eight weeks. Only one period of leave is available, irrespective of whether more than one child is placed for adoption as part of the same arrangement.

An employee can choose to take either adoption leave or paternity leave (one or two weeks) when a child is placed with him/her for adoption. If a couple adopt jointly, one of them can take adoption leave and the other can take paternity leave.