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Personalised help on your Statutory Adoption Leave and Pay entitlement

You can get personalised help on what Statutory Adoption Leave and Pay you may qualify for by using the online adoption rights tool. The tool will produce a personalised statement of the Statutory Adoption Leave and Pay that you may qualify for,

• Personalised guidance on your adoption rights and responsibilities Opens new window

Company adoption leave and pay schemes

Your employer may have their own adoption leave scheme which could be more generous than the statutory scheme. Check your employment contract or staff handbook for details or ask your employer. Your employer can't offer you less than your statutory rights.

Qualifying for Statutory Adoption Leave

If you qualify, you have the right to 52 weeks of Statutory Adoption Leave. This is made up of 26 weeks of ordinary adoption leave followed by 26 weeks of additional adoption leave.

To qualify for Statutory Adoption Leave, you must:

• be an employee
• be newly matched with a child by an adoption agency ('matched' means that the adoption agency gives you the details of the child they think is suitable for you to adopt)
• have worked continuously for your current employer for at least 26 weeks before the beginning of the week when you are matched with a child
  

So long as you meet the above criteria and you give your employer the correct notice, you can take Statutory Adoption Leave no matter:

• how many hours you work
• how much you are paid
  

You must give your employer documentary proof to show that you have the right to paid Statutory Adoption Leave. This is usually a matching certificate from your adoption agency. The adoption agency must be recognised in the UK.

You will not qualify for Statutory Adoption Leave or Pay if you:

• arrange a private adoption
• become a special guardian
• adopt a stepchild
• have a child through surrogacy

If you are adopting a child from overseas then different rules apply.

• Statutory Adoption Leave (overseas adoptions)

If you don't qualify for Statutory Adoption Leave

If you don't qualify for Statutory Adoption Leave speak to your employer. They may offer enhanced adoption rights that you are entitled to. Alternatively, you could consider taking paid holiday, unpaid leave or parental leave.

Taking your Statutory Adoption Leave

You can start your Statutory Adoption Leave either:

• from the date the child starts living with you
• up to 14 days before the date you expect the child to start living with you

Your Statutory Adoption Leave can start on any day of the week.

You need to tell your employer that you want to take Statutory Adoption Leave within seven days of being told that you have been matched with a child for adoption. If it is not possible to tell your employer within seven days, you must tell them as soon as possible.

At the same time you must tell your employer:

• when you expect the child to be placed with you
• when you want your Statutory Adoption Leave to start

You can change your Statutory Adoption Leave start date so long as you give your employer at least 28 days' notice.

Your employer should tell you within 28 days of receiving your notice, the date on which your Statutory Adoption Leave will end. This will be 52 weeks after it starts. You can return earlier than this as long as you give your employer eight weeks' notice.

Additional Paternity Leave

Your co-adopter could have the right of up to 26 weeks' Additional Paternity Leave. This is in addition to the two weeks' Statutory Paternity Leave they could be entitled to. Additional Paternity Leave can be taken after 20 weeks after the child starts living with you. It must finish before the first anniversary of the child starting to live with you.

• Additional Paternity Leave and Pay

What to do if you have problems taking your Stautory Adoption Leave

If you have a problem taking your Statutory Adoption Leave, talk to your employer first of all - it may be a simple misunderstanding. If this doesn't work, you may need to make a complaint using your employer’s grievance procedure.

• Statutory Adoption Pay (money. tax and benefits section)

• How to resolve a problem at work (employment section)