This Adoption Leave sub-folder contains documents for use by an employee wishing to take adoption leave and an employer responding to the request.
The subfolder contains adoption policies covering adoption in Great Britain and overseas, as well as notification letter templates and documents relating to 'keeping in touch' days. We have also included documents needed for procedures when the employee returns to work, such as flexible working arrangements or a resignation notice.
Adoption Leave documents have been updated to comply with the current legislation.
Frequently Asked Questions
My employee has just been matched with a child for adoption. What do they need to tell me and by when? +
The employee must notify you within seven days of being matched with a child by the adoption agency. They must give you the expected placement date and the date they want their adoption leave to start. You then have 28 days to write back confirming when their leave will end. Simply-Docs provides a Notification of Placement for Adoption form and an Adoption Leave Dates Notification letter to handle this exchange correctly.
Does an employee have to have worked for me for a certain length of time before they can take adoption leave? +
Statutory adoption leave is a day-one right, so no qualifying period of service applies to the leave. However, to receive Statutory Adoption Pay (SAP) the employee must have been continuously employed by you for at least 26 weeks by the end of the week they are matched with a child, and earn at least £129 a week on average (2026 to 2027 tax year). Someone who qualifies for leave but not pay may still take unpaid adoption leave. Simply-Docs provides both a domestic and an overseas adoption leave policy to reflect these rules.
My employee wants to attend adoption appointments before the child is placed. Do I have to give them paid time off? +
Yes, provided the employee is eligible for adoption leave. Once matched with a child, the main adopter is entitled to paid time off for up to five adoption appointments arranged or requested by the adoption agency, each allowing up to six and a half hours including travel. The partner not taking adoption leave is entitled to unpaid time off for up to two appointments. You may ask the employee to show proof, such as an appointment card. Simply-Docs provides a Letter to an Employee who has Requested Time Off to Attend an Adoption Appointment to respond to these requests.
Can my employee work a few days during adoption leave to keep in touch with the business? +
Yes, but only by mutual agreement: neither party can insist. An employee on adoption leave may work up to 10 Keeping in Touch (KIT) days without ending their leave or losing Statutory Adoption Pay. Agree the type of work and the rate of pay before any KIT day, paying at least the National Minimum Wage. Even a partial day counts as one full KIT day, and working more than 10 days automatically ends adoption leave. Document the arrangement with the Simply-Docs Adoption Leave KIT Day Invitation (employer) and Adoption Leave KIT Day Request (employee).
My employee wants to return from adoption leave earlier than planned. What notice do they need to give me? +
The employee must give you at least eight weeks' notice of an early return. If they give shorter notice, you may postpone the return date to ensure you have eight weeks' notice, but you cannot postpone it beyond the end of the adoption leave period. Simply-Docs provides an Adoption Leave Early Return Notice (for the employee to use) and an Adoption Leave Early Return Acknowledgement (for the employer's response) to handle this correctly and maintain a clear written record.
I am adopting a child from overseas. Are the notice rules different from a domestic adoption? +
Yes, overseas adoption notice rules differ at each stage. Within 28 days of receiving official notification of eligibility to adopt from abroad, or, if the employee has worked for you for less than 26 weeks at that point, within 28 days of the Sunday in their 26th week of service instead, whichever is later, the employee must tell you the notification date and the child's expected UK entry date, and give at least 28 days' notice of their intended leave start date. Once the child arrives, they must tell you the actual entry date within 28 days. Leave can start on the entry date or a predetermined date up to 28 days after entry. Use the Simply-Docs Adoption Leave Policy (Adoption from Overseas).