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Can I Take Paid Adoption Leave?

Adoption leave was introduced in April 2003. Ordinary adoption leave (OAL) lasts for 26 weeks. You can also take up to a further 26 weeks of additional adoption leave (AAL). Only one parent of an adopted child can take adoption leave, however the other could take parental leave or paternity leave for adopters. So joint adopters can choose who takes adoption leave and who takes paternity leave.

To qualify you must:

be an employee i.e. someone with a contract of employment. So some agency, casual and temporary workers may be excluded
have been told that you have been matched by an adoption agency with a child, and
have told the agency that you agree to the proposed placement, and
have been continuously employed for 26 weeks by the date when you are notified of being matched with a child for adoption

You can start the leave:

from the actual date of the child's placement, or
from a pre agreed date specified in the notice sent to your employer.

Within 7 days of being matched for adoption you must give your employers a written notice which states:

The date on which placement is expected, and
Whether you want to start the leave when the placement begins or another date.

Your employer can ask for evidence that you are adopting including details of the adoption agency, the date of placement etc.

You are entitled to Ł106 a week or 90% of your pay, whichever is the lower, for 26 weeks during the whole of the OAL period. Additional adoption paid is normally unpaid.

Your contract continues in some or all respects depending on whether you are on OAL or AAL.

during the 26 weeks of OAL all contractual rights, except pay, continue to accrue as normal e.g. seniority and holidays accrue
during AAL your contract is suspended for all rights except notice, redundancy compensation, and disciplinary or grievance procedures, and the duties of trust, confidence and good faith. So seniority and pension rights pay increments do not accrue.
OAL and AAL both count as service for gaining employment protection rights including holidays under the Working Time Regulations.
pension contributions and pensionable service in occupational pension schemes continue during OAL, but calculated by reference to actual adoption pay and not normal pay. In money purchase schemes only the amount of contribution actually paid will count.

You are entitled to return to the same job if you return after only taking OAL. If you return after AAL, you still have the right to return to the same job, unless it was not reasonably practicable for your employer to keep the job for you. If it is not reasonably practicable you must be offered a similar job - one that is the same kind, in the same place, and in the same capacity. If your job has been made redundant during OAL or AAL your employer must offer you any suitable alternative vacancy on broadly comparable terms.
It is automatically unfair to dismiss you or subject you to any detriment for requesting or taking adoption leave. Any claim must be made to an employment tribunal within 3 months.