SPM30120 - Statutory Adoption Pay (SAP) - Overview
What is Statutory Adoption Leave
Statutory adoption leave provides employees who satisfy the qualifying conditions with entitlement to leave and employment protection when they adopt a child.
The employee can choose when they want to take their statutory adoption leave within statutory limits. If the employee is also entitled to SAP the two periods are generally aligned.
Statutory adoption leave can start on any day of the week, depending on when the child is placed with the adopter or enters the UK to live with the adoptive parent. The rules on when statutory adoption leave can start and how long it can last are exactly the same as the rules for the APP, see SPM30700.
Ordinary Adoption Leave
Employees who have completed 26 weeks' continuous employment into the matching week or (for those adopting a child from overseas) when they wish the APP to begin are entitled to 26 weeks' ordinary adoption leave. The contract of employment continues during this period.
During the ordinary adoption leave period the employee must continue to receive all their contractual benefits even if they do not receive their normal wages or salary.
If the employee satisfies the terms and conditions set out in legislation, they will be entitled to SAP. For details of relevant legislation, see SPM30105.
Adopters who cannot get SAP are still entitled to ordinary adoption leave and may be entitled to additional adoption leave. Some may also get contractual pay from their employer
Additional Adoption Leave
All adopters who qualify for ordinary adoption leave are also entitled to a further 26 weeks’ additional adoption leave. Additional adoption leave begins at the end of ordinary adoption leave.
Although the contract of employment continues during the additional adoption leave, only certain terms of the employment contract continue automatically during this period. Any other terms and conditions of the contract are a matter for agreement between the employer and the employee.
An employee must take two weeks compulsory adoption leave from the date the child is placed with them and cannot work (or use a KIT day) during that time. Guidance for employers is available from www.businesslink.gov.uk/workandfamilies and for employees from www.direct.gov.uk/employees. Free confidential advice on adoption leave and employment rights is available from Acas on 08457 47 47 47.
