Supporting employees through adoption leave is an important part of creating an inclusive workplace while meeting your obligations as an employer. From confirming eligibility and calculating statutory adoption pay to tracking notice periods and maintaining documentation, HR teams play a key role in ensuring adoption leave is managed correctly. This guide explains what HR teams need to know about adoption leave in the UK, including eligibility criteria, statutory adoption pay, notice requirements and employer responsibilities.
Overview
- Statutory adoption leave can last up to 52 weeks: 26 weeks of Ordinary Adoption Leave followed by 26 weeks of Additional Adoption Leave.
- Statutory Adoption Pay is available for up to 39 weeks: the first 6 weeks are paid at 90% of average weekly earnings, followed by 33 weeks at £194.32 per week or 90% of average weekly earnings, whichever is lower.
- Employees must normally inform their employer within 7 days of being notified of an adoption placement.
- In most cases, only one adoptive parent can receive adoption leave and pay, while the other may be eligible for paternity leave.
- Effective absence management processes can help employers track adoption leave accurately and support compliance.
What is adoption leave and who is eligible?
Statutory adoption leave gives eligible employees up to 52 weeks off work, split into 26 weeks of Ordinary Adoption Leave (OAL) and 26 weeks of Additional Adoption Leave (AAL). This structure mirrors maternity leave, with comparable pay arrangements and employment protections.
There is no minimum length of service requirement for adoption leave. Employees are generally eligible if they have been matched with a child through a UK adoption agency. Intended parents in surrogacy arrangements can take adoption leave from the date the child is born, while employees adopting from overseas can start their leave when the child arrives in the UK or within 28 days of that date [1].
Once an employee has been matched with a child for adoption, the date they receive confirmation from the adoption agency becomes their matching date. This takes place before the child joins the adoptive family. The placement date is the date the child is placed with the family and begins living with them. The matching date should be recorded as soon as possible, as it determines eligibility timelines for Statutory Adoption Pay and helps employers calculate key payroll dates.
Who is eligible for Statutory Adoption Pay and how is it calculated?
It's important to distinguish between eligibility for adoption leave and eligibility for Statutory Adoption Pay (SAP). Employees may qualify for adoption leave without qualifying for SAP. While eligible employees can take up to 52 weeks of adoption leave, SAP is only available if specific service and earnings requirements are met.
To qualify for SAP, employees must have been continuously employed for at least 26 weeks by the end of the matching week (the week they are notified that they have been matched with a child for adoption). They must also have earned an average of at least £129 per week before tax during the 8-week period used to calculate eligibility. Tax and National Insurance are deducted as normal.
Statutory Adoption Pay (SAP) is available for up to 39 weeks. For the first 6 weeks, employees receive 90% of their average weekly earnings (AWE). For the remaining 33 weeks, SAP is paid at the statutory rate of £194.32 per week for the 2026/27 tax year, or 90% of AWE, whichever is lower. The statutory rate is reviewed annually and may change each tax year [1].
Calculating average weekly earnings manually can be time-consuming and increase the risk of errors. A time and attendance management system can help employers maintain accurate records and support statutory pay calculations.
What notice and proof must employees provide?
Employees must normally inform their employer within 7 days of being matched with a child, or as soon as reasonably practicable. At the same time, they should confirm how much leave they intend to take, their proposed leave start date and the expected placement date.
Employees claiming Statutory Adoption Pay (SAP) should normally give at least 28 days' notice of when they want their SAP payments to begin. However, there may be less than 28 days between the matching date and the placement date. In these circumstances, employees should provide notice as soon as reasonably practicable, and employers may accept shorter notice where there is a valid reason [2].
Proof of adoption can be requested from the employee. This is usually a matching certificate or a letter from the adoption agency showing the agency's name and address, the matching date and the expected placement date. For surrogacy arrangements, employees should provide a written statement confirming their intention to apply for a parental order within 6 months of the child's birth.
These documents should be stored securely, as adoption records contain sensitive personal data that must be handled in accordance with GDPR requirements. Keeping records accurate and up to date is also important for managing leave entitlements, statutory pay and key deadlines throughout the adoption process.
Many employers use absence management software to centralise adoption leave records, automate notifications and support statutory pay administration, reducing the risk of manual errors and compliance issues.
3 key dates HR must track:
- Matching date: determines eligibility timelines for SAP
- Leave start date: marks the start of adoption leave
- SAP start date: determines when SAP payments begin
How does adoption leave work for couples?
Only one adoptive parent can take adoption leave and receive SAP. The parents can decide which partner will claim these entitlements, while the other may be eligible for paternity leave.
Eligible employees can take up to 2 weeks of statutory paternity leave, either as a single block or as two separate one-week periods, at any time within 52 weeks of the placement date. Statutory Paternity Pay (SPP) is subject to the same 26-week continuous employment requirement and minimum earnings threshold of £129 per week.
Alternatively, parents may choose Shared Parental Leave (SPL), which allows up to 50 weeks of leave and up to 37 weeks of pay to be shared between them. Leave can be taken in separate blocks from 2 weeks after the placement date until the child's first anniversary of placement. Employees must normally provide at least 8 weeks' notice before the start of each period of SPL [3].
In addition to adoption leave, paternity leave and SPL, parents may also be entitled to unpaid parental leave. This separate entitlement allows eligible employees to take up to 18 weeks of unpaid leave for each child, up to the child's 18th birthday.
Where different types of family leave are being used, accurate record-keeping is important. A centralised view of adoption leave, paternity leave and Shared Parental Leave can help employers monitor entitlements, leave balances and key notice periods.
Comparing adoption, paternity and Shared Parental Leave
| Leave type | Duration | Pay | Eligibility | Notice period |
|---|---|---|---|---|
| Adoption Leave | 52 weeks | 39 weeks SAP | Matched with a child; no minimum service requirement | Within 7 days of matching |
| Paternity Leave | 2 weeks | 2 weeks SPP | 26 weeks' continuous service and minimum earnings requirements | 15 weeks before placement |
| Shared Parental Leave | Up to 50 weeks shared | Up to 37 weeks shared | 26 weeks' continuous service and minimum earnings requirements | 8 weeks before the first period of leave |
Centralise adoption leave tracking with Kelio
Manual tracking through spreadsheets or paper-based processes can make it more difficult to manage notice periods, statutory pay calculations and supporting documentation. Kelio centralises adoption, maternity and paternity leave requests within a single Human Resources Information System (HRIS), combining automated notifications with secure document storage hosted in ISO-certified European data centres.
HR software with payroll integration automatically extracts the data required for payroll calculations and transfers it directly to the payroll system, helping to ensure accurate payments and smooth alignment between HR and payroll teams. The local UK support team assists with deployment and ongoing compliance updates, including legislative changes such as the new additional birth leave effective from 1 July 2026 [4].
Trusted by more than 20,000 organisations across Europe and backed by over 39 years of workforce management expertise, Kelio supports employers from 25 to 1,000+ employees with scalable HR and absence management tools.
HR adoption leave checklist:
- Check eligibility, including employee status and adoption details such as the matching date
- Record the matching date as soon as it is confirmed
- Calculate SAP based on average weekly earnings
- Store supporting documents securely in line with UK GDPR requirements
- Confirm the expected return-to-work date and plan the employee's transition back to work
See how Kelio can support absence management processes
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[1] GOV.UK, https://www.gov.uk/employers-adoption-pay-leave, accessed 2025
[2] ACAS, https://www.acas.org.uk/your-adoption-leave-pay-and-other-rights, accessed 2025
[3] Maternity Action, https://maternityaction.org.uk/advice/adoption-leave-and-pay-rights-for-parents/, accessed 2025
[4] Joffe & Associés, https://www.joffeassocies.com/en/the-new-additional-birth-leave-comes-into-effect-on-july-1-2026/, 2025
