Understanding maternity leave laws is crucial for small business owners to ensure they provide the right policies, leave, and pay for their employees. But are you familiar with adoption leave? If an employee adopts a child, they are entitled to adoption leave and pay. This article explores the essentials of adoption leave.
What is Adoption Leave?
Adoption leave allows employees time off if they are matched with a child for adoption or use surrogacy. It functions similarly to maternity, paternity, and parental leave, with legal entitlements and statutory terms. Employers can choose to offer either standard or enhanced adoption leave packages.
Entitlements to Adoption Leave
Employees who adopt a child or use surrogacy are entitled to adoption leave, as are those fostering with the intent to adopt. In a couple, one parent can take adoption leave, and the other can take paternity leave. Statutory adoption leave lasts up to 52 weeks, matching maternity leave. Employees must be matched with a child before applying. Note that adoption leave is only available for agency adoptions, not private ones.
Adoption Placement Meetings
Employees are entitled to paid time off for adoption placement meetings. The primary adopter can attend up to five meetings, while the secondary parent (who will take paternity leave) can attend up to two meetings.
Adoption Pay
Statutory adoption pay is available for 39 weeks, mirroring maternity pay. It consists of:
- 90% of average weekly earnings for the first 6 weeks
- £184.03 per week or 90% of average weekly earnings (whichever is lower) for the remaining 33 weeks
Some employers offer enhanced packages that cover 90% of earnings beyond the first 6 weeks, which can be a significant benefit during recruitment.
Adoption leave is divided into ordinary adoption leave (26 weeks) and additional adoption leave (another 26 weeks), with pay for at least 39 weeks. Employees can return after 26 weeks, 39 weeks, or the full 52 weeks.
How to Apply for Adoption Leave
Employees must apply for adoption leave within seven days of being matched with a child. They need to inform their employer of:
- The child’s placement date
- The start date of adoption leave
- The end date of adoption leave
Additionally, employees should give 28 days’ notice to receive adoption pay. It is advisable to provide both notices in writing simultaneously. Employers may delay payment if notice is insufficient, but offering flexibility can strengthen employee relations.
Best Practices for Developing Adoption Leave Policies
When creating an adoption leave policy, consider these best practices:
- Involve HR: Collaborate with HR to ensure compliance with legal requirements.
- Communication: Clearly communicate policy rules to employees and keep communication open during their leave. Offer a return-to-work meeting to gather feedback.
- Review Policies: Regularly update policies to reflect changes in laws and regulations.
- Plan Ahead: Prepare for the impact of the employee’s absence on your business and plan for their return, including any flexible work requests.
Employee Rights During and After Adoption Leave
Employees maintain all contractual rights during adoption leave, except for their usual salary. The leave period counts toward continued service and annual leave entitlement. Employees have the right to return to their original job with the same terms, or a reasonable alternative if the original job is unsuitable. Redundancies during adoption leave should not disadvantage employees on leave. Employees can also undertake up to ten KIT (Keep In Touch) days to stay updated and ease their return.
Final Thoughts
Adoption leave is a legal requirement and should be handled with the same care as maternity and paternity leave. Having a well-defined adoption leave policy ensures that you’re prepared and can offer support to employees while minimizing business disruption.
Lucy Nixon – Content Writer
With a decade of experience in digital marketing, Lucy specializes in ecommerce, website building, and small business content. She is dedicated to making complex topics accessible and engaging, providing hands-on tips and advice on the best platforms, tools, and strategies.
