Statutory Adoption Pay & Leave
Contents
How much is Statutory Adoption Pay
Statutory Adoption Leave
Eligibility
Who cannot qualify
Notice period
Overview
When you take time off to adopt a child or have a child through a surrogacy arrangement you might be eligible for Statutory Adoption Pay and Leave.
You can calculate employee adoption leave and pay using the maternity and paternity calculator.
How much is Statutory Adoption Pay
Statutory Adoption Pay (SAP) as an employees is:
90% of your gross average weekly earnings for the first 6 weeks
£184.03 a week or 90% of your gross average weekly earnings (whichever is lower) for the next 33 weeks
Tax and National Insurance need to be deducted.
Some employment types like agency workers, directors and educational workers have different rules for entitlement.
Statutory Adoption Leave
You can take up to 52 weeks’ Statutory Adoption Leave. The first 26 weeks is known as ‘Ordinary Adoption Leave’, the last 26 weeks as ‘Additional Adoption Leave’.
Leave can start:
on the date the child starts living with you or up to 14 days before the expected placement date (UK adoptions)
when you have been matched with a child to be placed with them by a UK adoption agency
when a child arrives in the UK or within 28 days of this date (overseas adoptions)
the day the child’s born or the day after (parents in surrogacy arrangements)
Eligibility
You must:
have been continuously employed for at least 26 weeks up to any day in the week you were matched with a child
have payroll and earn at least £123 a week in an 8-week period - the ‘relevant period’
give the correct notice
give proof of the adoption
Who cannot qualify
You will not qualify for either adoption leave or pay if you:
become a special guardian or kinship carer
adopt a stepchild or family member
adopt privately, for example without permission from a UK authority or adoption agency
Notice period
Statutory Adoption Pay
Employees must give you 28 days’ notice before they want to be paid Statutory Adoption Pay, unless the time between the child being matched and placed is less than that.
Statutory Adoption Leave
Within 7 days of being matched with a child, you must must tell your employer:
how much leave you want
your leave start date
the ‘date of placement’ - the expected or actual date the child is placed with you
Your employer has 28 days to write to yoy confirming your leave start and end date.
There are different rules for overseas adoptions and surrogacy arrangements.
Proof of Adoption
You must provide proof of adoption, the proof must show the following:
name and address of the agency and employee
date the child was matched, for example the matching certificate
expected or actual date of placement, for example a letter from the agency
relevant UK authority’s ‘official notification’ confirming the parent is allowed to adopt (overseas adoptions only)
date the child arrived in the UK, for example a plane ticket (overseas adoptions only)