Managing Adoption – A Step by Step Guide
Written by Andrew Johnson, Founder and CEO HRGuide - Fri 11th Oct 2024
Introduction and Overview.
An Employee who adopts a child through an approved adoption agency is entitled to up to 52 weeks’ adoption leave provided that he/she has at least 26 weeks’ continuous service calculated as at the week in which notification of matching is given by the adoption agency. The Employee’s entitlement is to take up to 26 weeks’ ordinary adoption leave (OAL) followed immediately by up to 26 weeks additional adoption leave (AAL).
Ordinary Adoption Leave - 26 Weeks - This is the right of male or female employees to take a period of 26 weeks leave provided they have worked for the employer for a continuous period of 26 weeks by the week in which an approved match is made, and they meet certain notification and other criteria.
Additional Adoption Leave - 26 Weeks - This is the right to an additional period of leave of a further 26 weeks where ordinary adoption leave has been taken.
The Employee’s maximum entitlement is thus to take up to 52 weeks’ adoption leave.
Entitlement to Pay
Employees who qualify for adoption leave will also qualify for statutory adoption pay provided that their average weekly earnings are not less than the lower earnings limit for national insurance contributions. Statutory adoption pay is payable for up to 39 weeks at the standard rate or at 90% of the Employee’s average weekly earnings, whichever is lower. Statutory adoption pay is treated as earnings and is therefore subject to PAYE and national insurance deductions.
An employee’s entitlement to Adoption Pay will depend on a number of factors, including their length of service with the Company and their average earnings in the eight weeks prior to the adoption agency has told them they had been matched with a child. They will be entitled to Statutory Adoption Pay (SAP) if:
- They have completed 26 weeks continuous employment with the Company into the week that the adoption agency told the adopter they had been matched with a child and
- They have average weekly earnings of LEL for the period of 8 weeks ending with the date the adoption agency had told them they have been matched with a child and
- They have notified the Company of their entitlement to SAP
Notification Requirements
An employees right to Ordinary and Additional Adoption Leave and to return to work, depend on them complying with various notification requirements. To be entitled to take adoption leave and receive statutory adoption pay, the Employee is required to give the Employer written notification of his/her intention to take ordinary adoption leave specifying the date on which the child is expected to be placed with him/her for adoption and the date on which the employee intends his/her adoption leave to start.
This notice to take ordinary adoption leave must be given to the Employer no later than seven days after the date on which notification of the match with the child was provided by the adoption agency or where it is not reasonably practicable to give such notice, as soon as is reasonably practicable.
Notice, which must be in writing if the Employer requests it, must specify the date the child is expected to be placed with the Employee for adoption and the date the Employee intends his/her adoption leave to start.
The time limit for producing evidence to get Statutory Adoption Pay is 28 days from the start of the pay period. If there is a good reason for the evidence being produced late you must accept it. Please note that sometimes there is very little time between the date the adoption agency tells your employee that they have been matched with a child and the date the child is placed with them. If your employee is late giving you evidence because of this you must accept it.
Within 28 days of receiving the Employee’s notice of intention to take adoption leave, the Employer will write to the Employee confirming the latest date on which the Employee must return to work after adoption leave.
Having a clear policy ensures all employees are clear of the procedures and processes when they choose to adopt. Download our more detailed step by step HR How to Guide for more detail on Managing Adoption by subscribing to https://www.hrguide.co.uk/subscribe.php
If our step-by-step HR How to Guide doesn’t give you the support you need, simply call us on our HR Helpline for expert advice.
