Definition
Statutory leave available to an employee who is newly matched with a child for adoption. The entitlement mirrors maternity leave with 26 weeks of Ordinary Adoption Leave followed by 26 weeks of Additional Adoption Leave, totalling 52 weeks.
UK Context
Governed by the Paternity and Adoption Leave Regulations 2002 and the Employment Rights Act 1996. One member of a couple can take adoption leave; the other may be eligible for paternity leave or shared parental leave. Statutory Adoption Pay is paid at the same rate as SMP for up to 39 weeks.
Best Practices
- Treat adoption leave with the same benefits and enhancements as maternity leave to avoid potential discrimination
- Allow KIT days during adoption leave to help the employee stay connected with the workplace
- Ensure the employee is informed of their right to return to the same job after ordinary adoption leave or a suitable alternative after additional adoption leave
Frequently Asked Questions
How much is Statutory Adoption Pay?
Statutory Adoption Pay is paid for up to 39 weeks at the same rates as SMP: 90% of average weekly earnings for the first 6 weeks, then the lower of the flat rate or 90% of average earnings for the remaining 33 weeks.
Can both adoptive parents take adoption leave?
Only one parent in a couple can take adoption leave. The other may take paternity leave or the couple can opt for shared parental leave. Surrogacy parents can also qualify for adoption leave in certain circumstances.