Can I Take Paid Paternity Leave If I Adopt A Child?

If your partner is adopting a child (or you are adopting jointly) you may be entitled to paternity leave and paternity pay for adopters. If you are adopting jointly one of you can take adoption leave (see Can I Take Paid Adoption Leave?) and the other can take paternity leave for adopters. Paternity leave for adopters is only available where a child has been newly matched for adoption by an adoption agency (a step-parent adopting a partner's child would not qualify for adoption leave).

To qualify for paternity leave for adopters you must be:

• an employee i.e. someone with a contract of employment. So some agency, casual or temporary workers may not qualify, and
• married to the child's adopter, or
• the partner of the child's adopter (this is defined as a person, whether of a different sex or the same sex, who lives with the adopter in an enduring family relationship but is not a blood relative), or
• one of a couple adopting jointly.

You must also:

• have been continuously employed for 26 weeks ending with the week in which the child's adopter is notified of being matched with the child, and
• have or expect to have the main responsibility (apart from the adopter) for the upbringing of the child
• be taking the time off to support the child's adopter or to care for the child.

If you qualify you will be entitled to take either one or two week's paternity leave for adopters. You can choose whether to take one week or two but if you take two week they must be consecutive. You cannot take the leave at separate times. Leave must be taken within 56 days of the placement.

You cannot start your leave before the child has been placed. You can choose to start the leave from:

• the actual date of the child's placement/next working day, or
• any day falling within a specified number of days after the placement , or
• a pre agreed date after the expected date of placement.

You must give a written notice to your employers within 7 days of being matched for adoption. You must state in the notice:

• the date when you expect the child to be placed, and
• whether you want to take 1 or 2 weeks leave, and
• the start date of the leave. You can vary this date by giving 28 days notice.

Your employer can ask for evidence of your entitlement to paternity leave and pay for adopters including details of the adoption agency, the date of placement etc. The Inland Revenue produce a model self-certificate SC4 which you can use as a self declaration of entitlement and to give notice for leave and pay.

You may be entitled to statutory paternity pay of £106 per week or 90% of your normal weekly pay, whichever is the lower, during your leave. To qualify your average weekly earnings must reach the lower earnings limit for national insurance, (£82 per week from April 2005). The service qualification is that same as for leave. Agency workers while not qualifying for leave may qualify for SPP.

While on paternity leave for adopters your normal terms and conditions are protected, except pay. You are entitled to return to the same job you were in before taking paternity leave. It is automatically unfair to dismiss you or subject you to a detriment for requesting or taking paternity leave for adopters. Before bringing a claim you should lodge a grievance with your employer. Any claim must be made to an employment tribunal within three months.