Statutory adoption leave (SAL)
This section explains who is entitled to statutory adoption leave, what the entitlement is and the notice requirements when someone wants to take statutory adoption leave.
What is adoption leave?
There are two types of adoption leave: ordinary adoption leave and additional adoption leave. Adoption leave is available to individuals who adopt and to one partner of a couple where a couple adopts jointly. It is up to the couple to decide which of them takes adoption leave (the adopter) and which takes paternity leave (ordinary and/or additional paternity leave).
- Ordinary adoption leave can be for up to 26 weeks.
- Additional adoption leave can be for up a further 26 weeks, commencing at the end of the ordinary adoption leave.
- Adoption leave is available to employees adopting children from both within the UK and overseas.
What is the entitlement to adoption leave?
Employees who qualify are entitled to 26 weeks’ ordinary adoption leave followed immediately by up to 26 weeks’ additional adoption leave (i.e. a total of 52 weeks).
Employees are entitled to start their leave:
- from the date of the child’s placement or
- from a fixed date up to 14 days before the expected date of placement.
Employees are only entitled to one period of adoption leave irrespective of how many children are placed for adoption as part of the same arrangement.
Who is entitled to ordinary adoption leave?
Only employees (i.e. individuals engaged under a contract of employment) are entitled to take adoption leave.
To qualify for adoption leave, an employee must:
- be newly matched with a child for adoption by an approved adoption agency (where two people have been matched the eligible person is the one that has elected to be the adopter); and
- comply with the notification requirements;
- have notified the adoption agency that she agrees that the child should be placed with her and on the date of placement.
What notice must an employee give to take ordinary adoption leave?
Employees must tell notify their employer of their intention to take ordinary adoption leave within seven days of being notified by their adoption agency that they have been matched with a child for adoption (unless this is not reasonably practicable). Employees must provide the employer with documentary evidence from the adoption agency to prove that they are entitled to adoption leave if the employer requests this. Employees must state:
- when they expect the child to be placed with them; and
- when they would like the ordinary adoption leave to begin (either a specified date or that date they expect the child to be placed with them).
The employer can specify that the notice be given in writing, but otherwise this is not a requirement.
Provided they give you 28 days’ notice of the change, employees can change their mind about when they would like their leave to start. The employer must reply to the notification within 28 days stating the date on which the employee is expected to return to work if they take their full entitlement to adoption leave.
Employees do not have to give any further notification to their employer if they merely intend to return to work at the end of their full adoption leave entitlement. However, those employees who wish to return before the leave period expires must give 8 weeks’ notice.
What must the employer do on receiving the adoption notice from an employee?
The employer must notify the employee, within 28 days of receiving the notice, of the date on which the period of additional adoption leave (if the employee is entitled to additional adoption leave) after his period of ordinary adoption leave ends. If the employer does not give the employee this notification, the employee will not be required to inform the employer if he or she intends to return to work earlier than the end of her additional adoption leave. Additionally the employer will not be entitled to subject the employee to a detriment for failing to return to work after the additional adoption leave, provided the employee reasonably believed that the additional adoption leave had not ended.
What rights does an employee have during adoption leave?
During both ordinary and additional adoption leave employees are entitled to continue to receive all of their normal employment benefits with the exception of remuneration, which equates to wages and salary. This is replaced by statutory adoption pay where the employee qualifies for this.
An employer must continue to provide all contractual and discretionary benefits during adoption leave (with the exception of paying wages/salary).
Both statutory and contractual holiday continues to accrue during adoption leave.
What are ‘keeping in touch’ (KIT) days?
An employee may work up to 10 keeping in touch (KIT) days without bringing the adoption leave to an end.
Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full terms and conditions on our website.