Adoptive leave and pay

Contents
1. Adoptive leave and pay 2. Reclaiming Statutory Adoptive Pay 3. Notice of intention to take adoption leave

Adoption leave and pay allows one member of an adoptive couple to take paid time off work when their new child starts to live with them. Paternity leave and pay may be available for the other member of the couple, or the adopter's partner.

Adoption and paternity leave are available whether a child is adopted from within the UK or from overseas.

The adoptive parent may take up to 26 weeks ordinary adoptive leave (OAL) followed by a further 26 weeks additional adoptive leave (AAL). The earliest start date for OAL is 14 days before the expected date of placement.

For the adoptive parent to be eligible for statutory adoptive leave, the adoptive parent must have been employed continuously for at least 26 weeks ending with the week in which notification of being matched is given.

Statutory adoption pay (SAP) is payable during the OAL. The standard rate of SAP is £124.88 from 6 April 2010.

For detailed information, use TIGER, an interactive employment tool, available on the Directgov website .

The amount of Statutory Adoptive Pay that an employer can recover from its National Insurance (NI) payment is 92% of the amount paid. For small employers the rate of recovery is 104.5%. To qualify for the small employer's relief (SER), the total NI payment for employees and employers must not exceed £45,000 for the last complete tax year.

Adopters are required to inform their employers of their intention to take adoption leave within 7 days of being notified by their adoption agency that they have been matched with a child for adoption, unless this is not reasonably practicable. They need to tell their employers:

• When the child is expected to be placed with them
• When they want their adoption leave to start

Adopters can change their mind about the date on which they want their leave to start, providing they tell their employer at least 28 days in advance (unless this is not reasonably practicable). They must tell their employer the date they expect any payments of SAP to start at least 28 days in advance, unless this is not reasonably practicable.

Employers have 28 days in which to respond to their employee's notification of their leave plans. An employer must write to the employee, setting out the date on which they expect the employee to return to work if the full entitlement to adoption leave is taken.