What is Statutory Adoption Pay?
If an employee is about to adopt or have a child through a surrogate and is eligible, they can take up to 52 weeks Statutory Adoption Leave. Alongside this, employees can receive Statutory Adoption Pay (SAP) which is, for the first 6 weeks, 90% of an employee’s average weekly earnings and 90% of their average weekly earnings or £139.58 (the lowest of the two)for the following 33 weeks –with national insurance and tax deducted.
Eligibility for Statutory Adoption Pay
To be eligible for Statutory Adoption Pay, an employee must:
- Provide sufficient and correct notice(within 7 days of being matched with their child, the employee must request their leave start date and the employer must confirm within 28 days)
- Provide proof of adoption or surrogacy (this needs to display the employee’s name and address and name of the agency, matching certificate, date of placement and ‘official notification’)
- Be on the employer’s payroll and have earned at least £112 a week during an 8 week period
- Have worked consistently for a minimum of 26 weeks until the week they were matched with the child up for adoption
If the employee is having a child through a surrogate:
The above still applies, however they must have worked consistently for their employer for a minimum of 26 weeks up to the 15th week before the baby is due.
How we can help
FMP Global are able to tailor a payroll solution to suit your business’ exact requirements, undertaking tasks such as Statutory Adoption Pay to allow you to truly focus on the working day. Find out more information on our outsourced payroll solutions page.
For the complete, in-depth guidelines on Statutory Adoption Pay entitlement, eligibility and exceptions, please visit the Gov website.
Quick Reference FAQs
Q. How much is Statutory Adoption Pay?
A. For the first 6 weeks, 90% of an employee’s average weekly earnings and for the following 33 weeks whichever is lowest –£139.58 a week or 90% of an employee’s average weekly earnings.
Q. Are employees entitled to extra adoption pay?
A. An employer is able to pay more if there is a company scheme in place for adoption leave/pay. This scheme should be made aware to all employees within a company.
Q. What are an employee’s Adoption Leave rights?
A. An employee that is on adoption leave and receiving adoption pay is entitled to their employment rights – including accrued holiday and return to work.