What is Adoption Leave? What is Adoption Pay? How much can I get? You may get both if you have a job and are adopting a child or giving birth through surrogacy. You may get 52 weeks of leave, and receive 90% of your weekly salary for 39 weeks. This Your Benefits article will tell you all you need to know about adoption leave and pay.
How long is Adoption Leave?
Statutory Adoption Leave is time away from work you can take when adopting a child. You may obtain a maximum of 52 weeks. More specifically, you can get 26 weeks of Ordinary Adoption Leave, and 26 weeks of Additional Adoption Leave.
Furthermore, if you have Adoption Leave, you may get additional paid time off. More specifically, this is to go to a maximum of 5 adoption appointments. Also note that this is true after you were matched with a child.
When can Adoption Leave start?
When Adoption Leave can start mainly depends on your situation. In fact, it varies along with whether your child is adopted, coming from abroad, or if they are born through surrogacy. In fact, for each situation, the start date are as follows:
- The date of the birth of the child, or the following day if your child is born through a surrogacy arrangement;
- Either the date on which the child arrives in the United Kingdom, or no more than 28 days later if you are adopting your child from overseas;
- No more than 14 days after the child begins to live with you if you are adopting a child from within the United Kingdom.
You may want to change when your Adoption Leave starts. Then, you must tell your employer in advance. More specifically, you need to let them know within 28 days if the relevant date changes.
You may want to change the date on which you return to work. Then, you must let your employer know at least 8 weeks in advance. More specifically, you need to give them a minimum of an 8 weeks notice for when you would like to go back to work.
What is Statutory Adoption Pay?
You may be adopting a child, or have a child through surrogacy. If this is the case, you could likely qualify for Statutory Adoption Pay. For this benefit, you will be paid a part of your salary for a maximum of 39 weeks.
How much is Statutory Adoption Pay?
You may receive Statutory Adoption Pay for a maximum of 39 weeks. Furthermore, there is a minimum statutory amount you will earn. In fact, it is the following:
| Statutory Adoption Pay rates in 2022 | |
|---|---|
| Time period | How much you will receive |
| The first 6 weeks | 90% of your average weekly salary |
| The following 33 weeks | whichever is lower: 90% of your average weekly salary, or £156.66 weekly |
When can I start my Adoption Pay?
You will be able to start your Statutory Adoption Pay at the same time that you start your Adoption Leave. As such, make sure that you know when and how to ask for your Adoption Leave. Moreover, missing a deadline or not notifying your employer in time could keep you from getting these benefits.
Additionally, you may disagree with a decision taken on your Adoption Leave. For example, your employer may be insolvent and not paying you your minimum amount. Then, you may then notify the Statutory Payment Disputes Team. They will likely be able to help you.
How can I claim Adoption Leave?
You may be adopting a child. If this is the case, you must let your employer know within 7 days of the match. More specifically, you must inform them of the following:
- The start date of your leave;
- The date on which the child will begin to live with you;
- How many days of leave you are asking for.
You may have to provide a document saying this in writing. In fact, this is if your employer asks for it. Additionally, you may have to provide proof of adoption.
Furthermore, your start and end dates for your leave must be confirmed by your employer. More specifically, they must do so within 28 days.
How can I claim Adoption Pay?
You may be adopting a child. If this is the case, when you want to receive Adoption Pay, you must tell your employer that you want to adopt a child and stop working. Indeed, tell them this at least 28 days in advance. Additionally, you must provide proof of adoption.
Then, within 28 days, your employer must confirm when you will start to and stop to receive Adoption Pay. Additionally, they must inform you how much you will receive.
What is considered proof of adoption?
You must provide a proof of adoption for Adoption Pay. However, you must only provide this for Adoption Leave if your employer requests it. There are a number of information that this document needs to indicate. In fact, they need to include the following:
- The exact placement date: this can be a letter from the agency;
- The match date: this can be the matching certificate;
- Your and your agency’s name and address;
- If your adoption is from overseas: either the date of arrival in the UK of your child (a plane ticket, for example, is enough), or an ‘official notification’ from the relevant UK authority (that shows that you can adopt).
What is Adoption Leave and Adoption Pay?
You may adopt a child. Moreover, you may instead choose to give birth to a child through a surrogacy arrangement. Then, you could qualify for Statutory Adoption Leave, and Statutory Adoption Pay.
Can I get Adoption Leave?
The rules are not the same for Adoption Leave and adoption pay. In fact, in order to qualify for Adoption Leave, a couple of things needs to be true. More specifically, you need to:
- Give the appropriate notice to your employer;
- Be considered an employee;
- If your employer requires it: proof of surrogacy or adoption.
Can I get Adoption Pay?
You may be able to receive Statutory Adoption Pay. Then, the following must also be true. You need to:
- Provide your employer with the appropriate notice;
- Provide proof of surrogacy or adoption;
- Get £123 or more on average weekly in income, before tax;
- Have worked for your employer for a minimum of 26 weeks prior to matching with a child.
You may earn less than £123 weekly right now, but usually do (on average). Furthermore, this may be the case because you are on paid leave through the Coronavirus Job Retention Scheme. Then, you likely still qualify.
You may be adopting a child from overseas. In this case, the requirements are basically the same. However, by the time you receive Adoption Pay, you must have been employed by your employer for at least 26 continuous weeks. Additionally, you must complete form SC6.
You may also have a child through a surrogacy. If this is the case, the requirements are similar. However, there is a requirement by the 15th week before the baby is due. By that time, you must have been employed by your employer for a minimum of 26 weeks.
Additionally, a couple of additional things need to be true. More specifically, you must:
- Expect to apply for a parental order;
- Do not expect your claim to be rejected: for example, you might be rejected if you have previous convictions that involve children.
You may be related genetically to the child. Indeed, this is likely the case if you donated sperm or the egg for the birth. If this is the case, you may instead get paternity leave or paternity pay.
