Will an employee be paid during statutory adoption leave?

During adoption leave most employees will be entitled to statutory adoption pay, which will be paid for up to 39 weeks, covering the 26-week ordinary adoption leave period and 13 weeks of the additional adoption leave period. The remaining 13 weeks of the additional adoption leave will normally be unpaid, although an employee's contract may provide for payment during this period.

Statutory adoption pay is paid at 90% of the employee's average weekly earnings for six weeks, then at the statutory rate, or 90% of the employee's average weekly earnings where this figure is less than the statutory rate, for the remainder of the adoption pay period.

Employees who have average weekly earnings below the lower earnings limit for national insurance contributions will not qualify for statutory adoption pay. They may be able to receive other financial support, for example Housing Benefit, Council Tax Benefit or Tax Credits. For further advice they should contact their local authority or the Department for Work and Pensions.