Checklist for managing adopting parents

Employees must satisfy the eligibility criteria in relation to each of the rights. Not all employees are entitled to Statutory Adoption Pay, Statutory Paternity Leave or Statutory Paternity Pay. We recommend that you read the relevant sections of the toolkit for more information.

Only one parent can take Statutory Adoption Leave and Statutory Adoption Pay. The other parent may take Statutory Paternity Leave and Statutory Paternity Pay (even if they are a woman). It is important to check eligibility for leave and pay.

The parent taking Adoption Leave: before placement

Within seven days of notification from the adoption agency that they have been matched with a child, the parent taking Adoption Leave is to notify their employer of the date the child will be placed with them and the date they would like their Adoption Leave to start.
The employer is to confirm the expected date of return from Adoption Leave within 28 days of receiving the employee’s notification. This must be in writing.If the employee is claiming Statutory Adoption Pay, he or she is to provide the employer with documentary evidence from the adoption agency. The employee is to tell their employer the date he or she expects Statutory Adoption Pay to start. This is to be done at least 28 days before the employee would like the Statutory Adoption Pay to start.
It is a good idea for the employer and employee to discuss the possibility of a request for flexible working before the parent goes on leave.
It is a good idea for the employer and employee to discuss what sort of contact the parent would like to have with the employer while he or she is on leave. An employer may make reasonable contact with an employee.
It is a good idea for an employer and employee to discuss the ‘Keeping In Touch’ days which the employee may work during their leave. These must be mutually agreed.

The parent taking Adoption Leave: On leave

During Statutory Adoption Leave, an employee may work up to 10 ‘Keeping In Touch’ days. These must be mutually agreed.
The employee doesn’t need to give notice if he or she is returning to work on the expected date of return. This is the date which the employer confirmed in writing.
The employee is to give at least 8 weeks notice if he or she intends to return any earlier than the expected date of return.
If the employee intends to request flexible working, it is a good idea to submit this request at least two months before he or she intends to return. (The employee may not be able to do this if his or her circumstances are not settled.)
An employer can recover either 92% or 104.5% of Statutory Adoption Pay from HM Revenue and Customs. Advance payment may also be available.

The parent taking Adoption Leave: Returning from leave

An employee returning from Ordinary Adoption Leave is entitled to return to the same job in which he or she was employed before her absence. There are some exceptions to this.
An employee returning from Additional Adoption Leave is entitled to return to the same job in which he or she was employed before her absence, however there are some circumstances in which he or she may be offered suitable alternative work. There are some exceptions to this.
The employee is entitled to request flexible working.
The employee may be entitled to take sick leave, Parental Leave and Time Off For Dependants.
It is a good idea to hold a “mini-induction” on the employee’s first day back to update him or her on changes which have occurred while he or she was away.

The parent taking Paternity Leave: Before placement

The employee is to give the employer notice of his or her intention to take Paternity Leave within seven days of notification from the adoption agency that they have been matched with a child, or as soon as is reasonably practicable.
If the employee is claiming Statutory Paternity Pay, he or she is to provide the employer with a completed self-certificate.
The employee is to give at least 28 days’ notice of the date he or she would like Statutory Paternity Pay to start.
employee may be entitled to contractual paternity pay and leave.

The parent taking Paternity Leave: During leave

An employer can recover either 92% or 104.5% of Statutory Paternity Pay from HM Revenue and Customs. Advance payment may also be available.

The parent taking Paternity Leave: After placement

After returning from Statutory Paternity Leave, the employee has the right to return to exactly the same job on the same terms and conditions.
The employee may be entitled to request flexible working.
The employee may be entitled to take sick leave, Parental Leave and Time Off For Dependants.