When an employee takes time off to adopt a child or have a child through a surrogacy arrangement they might be eligible for Statutory Adoption Pay and Leave. This guide is also available in Welsh (Cymraeg) . Statutory Adoption Leave Employees can take up to 52 weeks’ Statutory Adoption Leave. The first 26 weeks is known as ‘Ordinary Adoption Leave’, the last 26 weeks as ‘Additional Adoption Leave’. Leave can start: on the date the child starts living with the employee or up to 14 days before the expected placement date (UK adoptions) when an employee has been matched with a child to be placed with them by a UK adoption agency when the child arrives in the UK or within 28 days of this date (overseas adoptions) the day the child’s born or the day after (parents in surrogacy arrangements) Statutory Adoption Pay Statutory Adoption Pay ( SAP ) for employees is: 90% of their gross average weekly earnings for the first 6 weeks £184.03 a week or 90% of their gross average weekly earnings (whichever is lower) for the next 33 weeks Tax and National Insurance need to be deducted. Calculate an employee’s adoption leave and pay using the maternity and paternity calculator . Some employment types like agency workers, directors and educational workers have different rules for entitlement . Extra leave or pay You can offer more than the statutory amounts if you have a company scheme for adoption leave and pay. You must make sure your scheme’s policies are clear and available to staff. Reclaiming payments Even if you pay an employee more than the statutory amount, you can usually only reclaim 92% of that amount. You may be able to reclaim 103% if you qualify for Small Employers’ Relief. Read more about reclaiming statutory pay . Employment rights An employee’s employment rights (like the right to pay, holidays and returning to a job) are protected during adoption leave. You still have to pay Statutory Adoption Pay even if you stop trading.

Some employees will not qualify for both leave and pay. Statutory Adoption Leave Employees must: give you the correct notice be classed as an employee They do not have to give you proof of the adoption or surrogacy unless you ask for it. Leave for employees adopting a child from overseas Employee must also sign form SC6 if they’re adopting from overseas with a partner. This confirms they’re not taking paternity leave or pay. Statutory Adoption Pay Employees must: have been continuously employed by you for at least 26 weeks up to any day in the week they were matched with a child be on your payroll and earn at least £123 a week in an 8-week period - the ‘relevant period’ give you the correct notice give you proof of the adoption Use the adoption pay calculator to check an employee’s eligibility and work out their matching week, relevant period, notice period and adoption pay. There are special rules for some employee situations , for example if they leave, become sick or if they or their child dies. Pay for employees adopting a child from overseas The requirements are the same for employees adopting from overseas, except they must have been continuously employed by you for at least 26 weeks at the start of the week when the pay will begin. They must also sign form SC6 if they’re adopting with a partner. This confirms they’re not taking paternity leave or pay. Pay for employees in surrogacy arrangements The requirements are the same for employees in surrogacy arrangements, except they must have been continuously employed by you for at least 26 weeks up to any day in the 15th week before the baby is due. If you ask for it, they must also give you proof that they intend to become the baby’s legal parent . Who cannot qualify Employees will not qualify for either adoption leave or pay if they: become a special guardian or kinship carer adopt a stepchild or family member adopt privately, for example without permission from a UK authority or adoption agency

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.

Employees must give you proof of adoption to qualify for Statutory Adoption Pay. Proof is not needed for Statutory Adoption Leave unless you ask for it. For adoption, the proof must show the: name and address of the agency and employee date the child was matched, for example the matching certificate expected or actual date of placement, for example a letter from the agency relevant UK authority’s ‘official notification’ confirming the parent is allowed to adopt (overseas adoptions only) date the child arrived in the UK, for example a plane ticket (overseas adoptions only) You must keep records of the proof. Surrogacy arrangements Proof is not needed for leave or pay unless you ask for it. If you ask, employees must give you a written statement (‘statutory declaration’) to confirm that they: intend to apply for a parental order in the 6 months after the baby’s birth expect the order to be granted (for example because they do not have any convictions involving children, and the birth mother or father agree to the arrangement)

Refusing pay or leave

Statutory Adoption Leave You cannot refuse adoption leave or change the amount of leave employees want to take off. For adoption, you can delay the start date if the employee does not have a reasonable excuse for giving you the wrong amount of notice. To delay it, write to them within 28 days of their leave request. Statutory Adoption Pay You can refuse Statutory Adoption Pay if the employee does not qualify. To refuse it, give the employee form SAP1 within 7 days of your decision. They must get this form within 28 days of their request for Statutory Adoption Pay or the date they were matched with the child (whichever is earlier).

You must keep records for HM Revenue and Customs ( HMRC ), including: proof of adoption the date Statutory Adoption Pay started the payments of Statutory Adoption Pay you’ve made - including dates the payments you’ve reclaimed any weeks you did not pay and why You must keep records for 3 years from the end of the tax year they relate to (for example by using form SAP2 or keeping your own records).

Help with statutory pay

For financial help with statutory pay , you can: reclaim payments (usually 92%) apply for an advance if you cannot afford payments

Statutory Adoption Pay and Leave: employer guide

Entitlement

When an employee takes time off to adopt a child or have a child through a surrogacy arrangement they might be eligible for Statutory Adoption Pay and Leave.

This guide is also available in Welsh (Cymraeg).

Statutory Adoption Leave

Employees can take up to 52 weeks’ Statutory Adoption Leave. The first 26 weeks is known as ‘Ordinary Adoption Leave’, the last 26 weeks as ‘Additional Adoption Leave’.

Leave can start:

on the date the child starts living with the employee or up to 14 days before the expected placement date (UK adoptions)
when an employee has been matched with a child to be placed with them by a UK adoption agency
when the child arrives in the UK or within 28 days of this date (overseas adoptions)
the day the child’s born or the day after (parents in surrogacy arrangements)

Statutory Adoption Pay

Statutory Adoption Pay (SAP) for employees is:

90% of their gross average weekly earnings for the first 6 weeks
£184.03 a week or 90% of their gross average weekly earnings (whichever is lower) for the next 33 weeks

Tax and National Insurance need to be deducted.

Calculate an employee’s adoption leave and pay using the maternity and paternity calculator.

Some employment types like agency workers, directors and educational workers have different rules for entitlement.

Extra leave or pay

You can offer more than the statutory amounts if you have a company scheme for adoption leave and pay. You must make sure your scheme’s policies are clear and available to staff.

Reclaiming payments

Even if you pay an employee more than the statutory amount, you can usually only reclaim 92% of that amount. You may be able to reclaim 103% if you qualify for Small Employers’ Relief. Read more about reclaiming statutory pay.

Employment rights

An employee’s employment rights (like the right to pay, holidays and returning to a job) are protected during adoption leave. You still have to pay Statutory Adoption Pay even if you stop trading.

View a printable version of the whole guide

Statutory Adoption Pay and Leave: employer guide

Entitlement

Statutory Adoption Leave

Statutory Adoption Pay

Extra leave or pay

Reclaiming payments

Employment rights

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Statutory Adoption Pay and Leave: employer guide

Entitlement

Statutory Adoption Leave

Statutory Adoption Pay

Extra leave or pay

Reclaiming payments

Employment rights

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