NHS Adoption Leave and Pay: A Guide for Staff Who Adopt

Adoption is a life-changing step, and the practical side, including leave and pay, can feel complicated at a time when you have a lot else on your mind. NHS staff have the same leave rights as other employees, and most NHS employers also offer occupational adoption pay. This guide brings the rules together.

Adoption leave

The main adopter can take up to 52 weeks of adoption leave, starting on the day the child is placed or up to 14 days before. If you are adopting from overseas, leave can start when the child arrives in the UK. In a couple, only one person can be the main adopter. The other may get paternity leave and pay.

Statutory Adoption Pay

Statutory Adoption Pay is paid for up to 39 weeks:

• The first 6 weeks at 90% of your average weekly earnings.
• The next 33 weeks at £194.32 a week, or 90% of your earnings if that is lower.

To qualify you need 26 weeks with your employer by the week you are matched with the child, and average earnings of at least £129 a week.

NHS occupational adoption pay

Agenda for Change treats adoption leave and pay together with maternity in Section 15. Most NHS employers pay occupational adoption pay on the same basis as occupational maternity pay for staff with 12 months of continuous NHS service:

Local policies can differ, so check your trust's adoption policy before you make plans. Like maternity pay, the half-pay part may depend on returning to NHS work for at least three months.

Worked figures

For a full-time Band 6 on £39,959:

• With occupational adoption pay on the maternity basis, the total over the year is about £19,087 before tax.
• With Statutory Adoption Pay only, it is about £10,562.

Time off for appointments

Before the placement, the main adopter can take paid time off for up to five adoption appointments, and the other adopter unpaid time off for up to two.

Keeping in touch

You can work up to 10 keeping in touch days during adoption leave without ending your leave. These are paid by agreement with your employer and can be a good way to ease back into work.

Sharing the leave

Adopters can use shared parental leave and pay in the same way as birth parents, ending adoption leave early and sharing the remaining weeks. The shared parental pay guide shows how.

Worked example: statutory pay only

A Band 6 on £39,959 with less than a year of NHS service but enough service for statutory pay would get 90% of her average weekly pay, about £691.60 a week, for six weeks, and then £194.32 a week for 33 weeks. That comes to about £10,562 before tax. With occupational adoption pay on the maternity basis, the total rises to about £19,087.

Common questions

Do foster carers get adoption leave? If you are approved for fostering for adoption, you may be entitled to adoption leave when the child is placed with you, even before the adoption is legally complete.

Can both adopters take adoption leave? Only the main adopter. The other adopter may take paternity leave, and the couple can use shared parental leave.

What if the placement ends early? Adoption leave and pay continue for eight weeks after the end of the week the placement ends, unless that would take you past the normal end of your leave.

Is adoption pay pensionable? Paid adoption leave counts towards your NHS Pension in the same way as paid maternity leave.

Common mistakes to avoid

• Not checking your trust's own adoption policy, which may differ from the usual maternity-based scheme.
• Missing the deadline to tell your employer, which is usually within seven days of being matched with a child.

See your own figures

The adoption pay calculator shows week-by-week adoption pay for your band, pay point and hours, with the occupational scheme or statutory pay only.