If you are working and adopt a child you’re usually entitled to paid time off work when they first join your family. This is called Statutory Adoption Pay and Leave.
- What is Statutory Adoption Leave?
- What is Statutory Adoption Pay?
- If you think your employer isn’t being fair
What is Statutory Adoption Leave?
Did you know?
Some employers have more generous adoption leave schemes than the statutory one. Check your employment contract or staff handbook for details, or ask your employer.
If you’re adopting or having a child through surrogacy, you might be entitled to 52 weeks’ leave from work if you’re an employee.
If you’re adopting as a couple, only one person can get adoption leave.
The other might be able to get paternity leave or shared parental leave.
What is Statutory Adoption Pay?
Statutory Adoption Pay is the legal minimum your employer should pay you when you’re on adoption leave.
This table shows how much you’ll get at each stage of adoption leave for the 2018-19 tax year:
| Statutory Adoption Leave | Statutory Adoption Pay |
|---|---|
| First six weeks | 90% of your average weekly earnings before tax |
| The next 33 weeks | £145.18 per week or 90% of your average weekly earnings (whichever is less) |
| The next 13 weeks | Unpaid |
Are you eligible?
To get Statutory Adoption Pay you must:
- earn at least £116 a week on average
- have worked for your employer for at least 26 weeks by the week you’re matched with a child (or the 15th week before the due date if you’re using a surrogate)
- give your employer at least 28 days’ notice that you want to stop work and tell them when you want your adoption pay to start (at least 15 weeks’ notice if you’re using a surrogate)
- give your employer proof of adoption (e.g. the matching certificate)
Use GOV.UK’s adoption leave planner to work out when you should claim your leave.
If you don’t qualify for Statutory Adoption Pay
You can find your local council on GOV.UK (England, Scotland and Wales) or nidirect (Northern Ireland) to find out about other financial support which might be available to adopters.
It would be wise to try to put some money aside to help you get by while you’re off work looking after your new child, and consider taking annual leave instead.
If you think your employer isn’t being fair
What if your employer doesn’t think they need to give you adoption pay, or you feel they’re not paying you the right amount?
- Find out if what’s happening is discrimination.
- Talk to your employer. You might be able to resolve it informally. If you’re not sure where to start, Acas can help, or try speaking to your trade union or employers rep if you have one.
- If you’re unable to resolve the issue, you can make a written complaint.
This article is provided by the Money Advice Service.
