Statutory Adoption Pay and Leave: employer guide
Notice period
Notice does not have to be in writing unless you request it.
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, employees must tell you:
- how much leave they want
- their leave start date
- the ‘date of placement’ - the expected or actual date the child is placed with them
You have 28 days to write to them confirming their leave start and end date.
There are different rules for overseas adoptions and surrogacy arrangements.
Leave for employees adopting a child from overseas
Within 28 days of getting their ‘official notification’, employees adopting from overseas must tell you the date of the notification and when they expect the child to arrive in the UK.
If they’ve worked for you for less than 26 weeks, they can tell you within 28 days of the Sunday in their 26th week instead.
They must also tell you:
- the actual date the child arrives in the UK - within 28 days of this date
- how much leave they want and when they want it to start - giving you 28 days’ notice
You have 28 days to write to them confirming their leave start and end date.
Leave for employees in surrogacy arrangements
At least 15 weeks before the due date, employees in surrogacy arrangements must tell you when the baby is due and when they want to start their leave. You can ask for this in writing.
You have 28 days to write to them confirming their leave start and end date.
Changes to leave dates
Employees must tell you about changes to leave dates at least 28 days before their original start date or the new start date - whichever is earlier.
You must write to them if you have to amend their leave start and end dates.
Employees must give 8 weeks’ notice if they want to change the date they return to work.