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An Adoption Leave Policy communicates an employer’s approach to supporting employees who need time off work to adopt a child. Adoption Leave Policies set out employees’ statutory entitlement to adoption leave and pay, any enhanced entitlements, and relevant rules and procedures.
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This Adoption Leave Policy template covers:
when employees can take adoption leave
how long adoption leave may be taken for
pay during adoption leave
taking time off work to attend adoption appointments
provisions for standard adoption, fostering to adopt, and adoption through surrogacy
processes for organising adoption leave
carrying over annual leave (ie holiday) entitlement that can’t be used because of adoption leave
requesting a flexible working arrangement after adoption leave
Adoption leave is the equivalent of maternity leave for individuals who are adopting a child. There are statutory (ie provided by law) entitlements to adoption leave and pay, which all eligible employees must be given. Making an Adoption Leave Policy can help an employer to uphold its employees’ rights to adoption leave and pay by clearly communicating entitlements and relevant procedures.
The decision to adopt can be the result of difficult circumstances, so it’s important that employers consider and make provisions for employees adopting children just as they would for employees giving birth to children. You should create an Adoption Leave Policy for your business so that employees are aware of the rights and benefits available to them should they choose to adopt.
Employees are entitled to Statutory Adoption Leave (SAL) from the first day of their employment. SAL is 52 weeks of leave. Employers can choose to give their employees more time off (ie ‘enhanced’ or ‘contractual’ adoption leave). They may impose additional eligibility requirements for the enhanced allowance (eg by making it available to employees with 12 months’ service). For more information, read Adoption leave and pay.
To qualify for Statutory Adoption Leave, an individual must:
have employee status
give their employer the correct notice of their upcoming adoption
provide proof of the adoption or surrogacy, if requested by the employer
sign Form SC6 confirming that paternity leave or pay will not be taken (if adopting from abroad only)
not adopt through a private adoption (ie they must match with a child through an adoption agency or have arranged a surrogacy)
not be adopting a stepchild or a family member, or be becoming a special guardian or kinship carer
For more information, read Adoption leave and pay.
The earliest date that adoption leave can start is:
up to 14 days before the child starts living with the parent (for UK adoptions)
when the child first arrives in the UK or within 28 days of this date (for adoptions from abroad), or
the day the child is born or the following day (for adoptions via surrogacy)
During adoption leave, employees must be paid at least the Statutory Adoption Pay (SAP) rates. As of 6 April 2022, SAP is:
during the first 6 weeks of leave: 90% of an employee’s normal pay
during the remaining 33 weeks: the lower of £172.48 per week or 90% of the employee’s average weekly pay
For more information, read Adoption leave and pay.
To qualify for Statutory Adoption Pay, an individual must:
have at least 26 weeks of continuous service with their employer before:
being matched with a child (for adoptions via an adoption agency)
taking adoption pay (for adoptions from overseas), or
the qualifying week, ie 15 weeks before the baby is due (for adoptions via surrogacy)
earn at least £123 a week (before tax)
provide the correct notice
provide proof of the adoption or surrogacy
not adopt through a private adoption
not be adopting a stepchild or a family member, or be becoming a special guardian or kinship carer
If adopting from abroad, Form SC6 (confirming that paternity leave or pay will not be taken) must also be signed. If adopting via surrogacy, the employee must also intend to apply for a parental order or an adoption order and expect the order to be granted.
For more information, read Adoption leave and pay.
Employees should return to work after their adoption leave period ends. If employees want to return to work on a different date than was initially agreed, they must usually provide at least 8 weeks’ notice of the new date.
For more information on returning to work and employees’ rights during adoption leave, read Adoption leave and pay.
Making your Adoption Leave Policy online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all the information prepared in advance, creating your document is a quick and easy process.
You’ll need the following information:
The employer
What is the name of the employer (eg the business’ name)?
Who is the employees’ key contact for matters relating to adoption leave and pay?
Adoption leave and pay entitlements
Will your Adoption Leave Policy apply to employees adopting via a UK adoption agency, fostering to adopt, and having a child through surrogacy? If you choose not to include any of these groups, any enhanced entitlements you set out in the Policy will not apply to this group (individuals in that group would still be entitled to statutory provisions).
Will the employer provide an enhanced entitlement to adoption leave (ie more than 52 weeks)?
Will the employer provide an enhanced entitlement to time off to attend adoption appointments? For example, time off for more than 5 appointments for a primary adopter and more than 2 appointments for a secondary adopter? Or longer to attend each appointment?
Will the employer offer enhanced adoption pay? If so:
During how much of an employee’s adoption leave?
Do employees have to work for the employer for a certain period of time before qualifying for enhanced pay?
Do employees have to commit to returning to work for the employer for a certain period after adoption leave to receive enhanced pay?
If an employee cannot use all of their annual leave entitlement due to being on adoption leave, how much of their entitlement may be carried over into the next leave year?
How long do employees have to use carried over annual leave entitlement?
Notice and requests
How much notice must employees give if they want to end adoption leave early?
How can employees request new flexible working arrangements when returning to work? By following a Flexible working policy or in another way?
Adoption Leave Policies set out employees’ statutory rights to and any additional provisions related to parental leave. To do this, this Adoption Leave Policy template includes the following terms and sections:
Statement of purpose and Policy
The Policy starts by identifying the business subject to its provisions. It then sets out the reasons why the business is creating the Policy and acknowledges that employees have a right to take time off work to go through the process of adopting a child.
The section identifies exactly which types of adoption the Policy applies to (eg via a UK adoption agency, surrogacy, and/or fostering to adopt). It notes that the Policy may be changed by the employer at any time, but the law will prevail if statutory entitlements change.
Entitlement to adoption leave
This section sets out when employees are entitled to adoption leave, including rules specific to surrogacy cases and to fostering and standard adoption, where applicable. The section also explains what employees are entitled to. For example, 52 weeks of leave.
Notification requirements
This section sets out the procedures that employees should follow when they want to take adoption leave. For example, notice should be given in writing. Rules on the dates by which notice should be given are set out - these rely on various birth and adoption dates.
Time off for adoption appointments
An employee’s right to take time off to attend adoption appointments is set out here. Adoption appointments include appointments to meet a child to be adopted and pregnancy-related appointments in surrogacy cases. If the employer is offering enhanced entitlements to time off for adoption appointments, this will be set out here.
Starting adoption leave
This section explains when adoption leave may start and the requirement that an employee informs their employer in writing if they want to change the start date of their adoption leave.
Adoption pay
This section explains how employees will be paid during any adoption leave they take. It sets out the legal entitlement to statutory adoption pay (SAP). If the employer offers an enhanced entitlement to adoption pay, this will be included here alongside any eligibility requirements for the enhanced entitlement.
During adoption leave
This section explains that an employee’s Employment contract will remain in place while they’re on adoption leave, with almost all terms continuing. The exceptions to this are set out. For example, differing rules on pay, when pension contributions will be made, and when annual leave may be taken.
Keeping in touch
Keeping in touch days are explained here. These are days that an employee can choose to work whilst on adoption leave to, for example, keep up with business developments or training.
Returning to work
This section specifies how much notice should be given if an employee wants to change the date they return to work following adoption leave. It also explains how employees can request new flexible working arrangements, if required, to help them to continue caring for their child.
It explains what role an employee will return to when finishing adoption leave. This should generally be the same role that they left, unless the employee was on leave for a longer period of time and/or in conjunction with other types of leave (eg parental leave), in which case the role should still be appropriate and not less favourable.
If you want your Adoption Leave Policy to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review the document for you (or to make the changes for you) to make sure that your modified Adoption Leave Policy complies with all relevant laws. Use Rocket Lawyer’s Ask a lawyer service for assistance.
Take a comprehensive approach to leave for parents
UK law provides parents (or prospective parents) with entitlements to many different types of leave. Employers should uphold workers’ rights in relation to this leave and should otherwise support workers through their roles as parents, as an important part of being an empathetic and legally compliant employer. You can create policies to cover different types of leave, to ensure that workers are aware of all of their rights as working parents. For example, consider making:
a Parental leave policy - to explain employees’ rights to 18 weeks of unpaid time off to care for a child before the child’s 18th birthday
a Maternity policy - to set out workers’ rights and entitlements when giving birth to a child
a Paternity policy - to set out workers’ rights and entitlements when, for example, their partner is giving birth to a child or they’re adopting
a Shared parental leave policy - to explain how a couple may share a leave entitlement when having a child
a Time off for dependants policy - to set out workers’ right to take time off to deal with emergencies involving dependants, and procedures related to this right
a Flexible working policy - to communicate employees’ rights to make formal requests for flexible working arrangements to, for example, facilitate childcare commitments
For more information on different types of family leave, read Family leave and rights.
Understand when to seek advice from a lawyer
In some circumstances, it’s good practice to Ask a lawyer for advice to ensure that you’re complying with the law and that you are well protected from risks. You should consider asking for advice if:
you are adopting a child from a non-UK adoption agency
you want to change the job role an employee returns to after their adoption leave
you want to create a bespoke Adoption Leave Policy with different provisions for different employees (eg depending on how long they have worked for you)
