Where an employee is adopting two children, will they be entitled to two periods of adoption leave?
The Paternity and Adoption Leave Regulations 2002 (SI 2002/2788) state that an employee's entitlement to adoption leave will not be affected by the placement of more than one child as part of the same arrangement. Where more than one child is placed with an employee as part of the same placement (eg twins or siblings of different ages) the employee will be entitled to only one period of adoption leave.
However, if another child is placed with the employee soon after the placement of the first child (ie a new placement under a separate matching certificate), provided that the employee satisfies the qualifying conditions, they will be entitled to another period of adoption leave. In these circumstances, the adoption leave relating to the second child will supercede the first period of leave. For example, if the second period of leave begins one month after the first period, the first period will come to an end after one month and the employee will be entitled to a further 52 weeks' adoption leave from that point.
If the employee qualifies for statutory adoption pay in relation to both children, the adoption pay relating to the first child is not brought to an end by entitlement to adoption pay relating to the second child. The employee will be entitled to two payments during any weeks where the two periods of adoption pay entitlement overlap.