Adoption Leave and Pay

To be eligible for statutory adoption leave you must be an employee. There is no minimum length of service required for the basic right to leave (it is available from day one), though Statutory Adoption Pay requires 26 weeks' continuous service by the week of being matched with a child.

Adoption leave applies to:

• Domestic adoptions through a UK adoption agency
• Overseas adoptions (slightly different notice rules apply)
• Surrogacy (where a parental order or adoption order is sought — the rules are complex)

The leave is 52 weeks in total — the first 26 weeks are ordinary adoption leave (OAL), and the remaining 26 are additional adoption leave (AAL). Leave can start up to 14 days before the expected placement date (for domestic adoptions) or on the date the child enters the UK (for overseas adoptions). Only one parent can take adoption leave — the other can take paternity leave or share parental leave.

Statutory Adoption Pay (SAP) is paid for up to 39 weeks at the following rates:

• First six weeks: 90% of average weekly earnings
• Remaining 33 weeks: The lower of the flat statutory rate (£194.32 per week — check the current rate on GOV.UK) or 90% of average weekly earnings

To qualify for SAP you must have at least 26 weeks of continuous employment by the end of the week in which you are notified of being matched with a child, and must earn above the lower earnings limit. Employers can reclaim SAP from HMRC (small employers can reclaim 103% — recovering administration costs as well).

Your employer may offer enhanced adoption pay above the statutory minimum — check your employment contract or maternity/adoption policy.

During adoption leave, you retain most contractual rights except for pay. You continue to accrue holiday, pension contributions should continue (at the employer's normal contribution level based on your normal pay), and you must be kept informed of any relevant workplace developments.

You have the right to up to 10 Keeping in Touch (KIT) days during adoption leave — working days on which you can attend work (for training, team meetings, or other activities) without bringing your leave to an end. These are agreed between you and your employer.

On returning from up to 26 weeks of ordinary adoption leave, you have the right to return to the same job. After additional adoption leave (weeks 27–52), you have the right to return to the same job or, if that is not reasonably practicable, a suitable and appropriate alternative on no less favourable terms.

The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024, in force from 6 April 2024, significantly extended the redundancy protection for employees on adoption leave.

Under the extended protection, an employee on adoption leave (or who has recently returned from it) is entitled to be offered any suitable alternative vacancy in priority over other employees at risk of redundancy. The protected period now runs:

• From the date the employee notifies the employer in writing of their adoption matching (or, for overseas adoptions, the date of notification of entry)
• Throughout the adoption leave period (up to 52 weeks)
• For 18 months from the date of placement of the child

This means that if you return from adoption leave and are then placed at risk of redundancy within 18 months of the placement date, your employer must offer you any suitable alternative vacancy in preference to other employees at risk. This is a significant expansion from the previous position, where the priority applied only during the leave itself.

If your employer fails to offer you a suitable alternative vacancy during the protected period, your dismissal is likely to be automatically unfair and may also constitute discriminatory treatment. Contact Acas immediately if you are threatened with redundancy during or within 18 months of adoption leave — the three-month time limit for tribunal claims runs from the effective date of dismissal, and Early Conciliation must be initiated before lodging a claim.

Beyond redundancy, adoptive parents should be aware of the following additional rights during and after adoption leave:

• Pay increases: Any pay rise that occurs while you are on adoption leave must be reflected in your pay when you return. You cannot be passed over for a pay award solely because you were on leave.
• Performance appraisals: Your employer must not disadvantage you in a performance review by treating time on adoption leave as a period of low performance. Where objectives could not be met due to leave, the review period should be adjusted or the objectives set aside.
• Flexible working on return: You have the right to make a statutory flexible working request from day one of your return. Given the childcare implications of adoption, many adoptive parents use this right to move to part-time or compressed hours. Your employer must consider the request reasonably and can only refuse on specific statutory grounds.

Adoptive parents may also be eligible for Adoption Support Fund assistance from their local authority, which provides therapeutic support for adopted children and their families. While this is not an employment right, it can be a valuable resource alongside the employment protections described above. On the employment side, if you have an adoption support plan that requires you to attend meetings or therapeutic appointments during working hours — particularly in the first months after placement — you may be able to use a combination of annual leave, Carer's Leave (if the adopted child has a qualifying need), and flexible working to manage these appointments without disrupting your career. Communication with your employer, ideally backed by HR guidance from Acas, is generally the most effective approach before resorting to formal processes. Keep written records of all requests for time off, all flexible working discussions, and any commitments your employer makes verbally — these records can be important if disputes arise later about what was agreed during the post-placement period. The first months after an adoption placement are among the most demanding for new adoptive parents, and employment protections exist precisely to give families the space to adjust without career penalty.