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Adoption Leave
 The law relating to adoption leave is set out in the Employment Rights Act 1996,
and the Paternity and Adoption Leave Regulations 2002.
To qualify for adoption leave the employee must have been continuously employed
for at least 26 weeks at the time she is matched with the child and have confirmed
to the agency that she will accept the child on the expected placement date.
 The employee must notify the employer within seven days of being notified of a match
of the date the child is to be placed with her, and the date when leave is to commence.
28 days notice may subsequently be given to the employer, to vary the
proposed commencement of leave date. The employer must within 28 days of being notified of the leave or
variation, set out to the employee in writing the proposed
return to work date.
Adoption leave can begin up to two weeks prior to the proposed placement date.
All workers who qualify for adoption leave will be entitled to 26 weeks, with those
who satisfy the additional service criteria being entitled to a further 26 weeks
additional adoption leave commencing when ordinary adoption leave ends.
An employer can insist on the employee giving notice of the adoption in writing
and providing further evidence of the adoption from the adoption agency.
If an employee wishes to return early from adoption leave, a minimum of 28 days notice
must be given.
If an event disrupts the adoption whilst the worker is on adoption leave, the employee
is entitled to eight further weeks leave from that point, provided it does not
exceed the additional adoption leave.
Returning to Work
An employee has the right to return to her job on the same terms and conditions
as before she took leave and be entitled to the benefit of any pay increases or
additional benefits which have occurred in her absence.
If during the employee's absence on adoption leave, her position becomes redundant,
her employer must offer her (before the end of the existing contract), suitable
alternative vacancies. The new position, taking into account the employee's
current terms and conditions must not be substantially less favorable than her previous
position.
A failure by an employer to offer a suitable vacancy which would enable the employee
to return to work, will amount to an automatically unfair dismissal.
Statutory Adoption Pay
An employee's entitlement to statutory adoption pay depends on her satisfying certain
minimum periods of continuous employment and weekly earnings. If an
employee does qualify for statutory adoption pay, it will be for the first 26 weeks
of her ordinary adoption leave. The first six weeks will be at 90% of her average pay; the remaining 20 weeks will be capped at the current statutory maximum
of £108.85 or 90% of her average weekly wage, depending on whichever is less.
As an employee, you should be aware that if you feel that you have suffered a detriment
as a
result of requesting adoption leave, or been refused adoption leave or statutory adoption pay,
then you must first bring the matter to your employers attention through the company's internal grievance procedure,
before commencing a claim in the Employment Tribunal.
There are strict time limits for commencing claims
in the Employment Tribunal and Courts.
If you believe you have a claim, please complete our Free Claim Assessment Form online now.
We will then respond to you usually within 48 working hours, including
a free initial assessment of your claim.
Alternatively, you can download the free claim assessment
form and send it to net employment solicitors
at the address on our contact page.
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