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Adoption leave
What adoption leave and pay you're entitled to and how to plan your leave and return to work.
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You can get up to 39 weeks of adoption pay depending on how long you’ve worked for the council.
You should tell your manager as soon as possible after becoming aware that you will need some time off, even if you’re not sure of the exact dates. As this will help with planning and putting support in place before the arrival.
You must complete an Adoption leave notification form (DOC, 74KB) and send it to Payroll by uploading it onto the Assyst portal.
When People Support receive your completed form, you'll get a summary of the adoption pay you’re entitled to receive.
The latest date that you will need to send your form will depend on your circumstances:
- For UK adoptions - within 7 days of being matched with a child
- For overseas adoptions - within 28 days of receiving notification of the expected date that the child will be coming to the UK
- For surrogacy arrangements - at least 15 weeks before the baby is due
You will not receive any adoption pay for weeks 40 to 52 of adoption leave (excluding keeping in touch days).
Overview of adoption pay
The pay you’ll receive depends on how long you’ve worked continuously within local government and if you're eligible for Statutory Adoption Pay (SAP). You can check if you're eligible and find out the current rate for Statutory Adoption Pay on GOV.UK.
1 year service or more
If you have 1 year’s continuous service within local government by the date you're matched with a child or by the 15th week before the baby is due if you’re having a child through surrogacy and are eligible for Statutory Adoption Pay (SAP), you’ll receive:
| Weeks | Pay |
|---|---|
| 1 to 6 | 90% of your pay (before tax) |
| 7 to 18 |
50% of your pay, plus SAP (before tax), or 90% of your average weekly earnings if that is lower than SAP |
| 19 to 39 | SAP or 90% of your average weekly earnings if that is lower than SAP |
| 40 to 52 | No pay |
You must return to work for at least 3 months to keep the 50% adoption pay you receive for weeks 7 to 18. If you don’t return to work, you’ll need to pay it back.
26 to 51 weeks' service
If you have between 26 to 51 weeks’ service and are eligible to receive Statutory Adoption Pay (SAP), you’ll receive:
| Weeks | Pay |
|---|---|
| 1 to 6 | 90% of your pay (before tax) |
| 7 to 39 | SAP or 90% of your average weekly earnings if that is lower than SAP |
| 40 to 52 | No pay |
Less than 26 weeks’ service or if you are not eligible for SAP
If you’re not eligible to receive adoption pay, including Statutory Adoption Pay (SAP), you can still take 52 weeks’ adoption leave unpaid.
You may be able to get support, for example for special needs care, if you are adopting a child in Essex.
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