Some employees won’t qualify for both leave and pay.
Statutory Adoption Leave
They don’t have to give you proof of the adoption or surrogacy unless you request it.
Statutory Adoption Pay
- have worked for you continuously for at least 26 weeks by the week they were matched with a child
- be on your payroll and earn at least £116 a week in an 8-week period - the ‘relevant period’
- give you the correct notice
- give you proof of the adoption or surrogacy
Calculate an employee’s matching week, relevant period, notice period and adoption pay using the maternity and paternity calculator.
There are special rules for some employee situations, eg if they leave, become sick or if they or their child dies.
The conditions are the same, except the employee:
- must have ‘official notification’ (permission from a UK authority) that they can adopt from abroad
- must fill in the declaration on form SC6 if they’re adopting a child with their partner
Form SC6 confirms they’re not taking paternity leave or pay.
Employees in surrogacy arrangements
The conditions are the same, except to qualify for Statutory Adoption Pay the employee must have worked for you continuously for at least 26 weeks by the 15th week before the week the baby is due.
If you ask, they must give you proof that they intend to become the baby’s legal parent.
Who can’t qualify
Employees won’t qualify for either adoption leave or pay if they:
- become a special guardian or kinship carer
- adopt a stepchild
- adopt a family member or stepchild
- adopt privately, for example without permission from a UK authority or adoption agency