Adoption

Q           My employee has just informed me that she and her husband are adopting a child and she is entitled to take 52 weeks' paid leave.  Is this correct?

A          Not entirely.  If the employee has 26 weeks' service at the time of being notified for adoption she is entitled to take a total of 52 weeks' adoption leave.  Adoption pay is paid for a maximum of 39 weeks at the same flat rate as statutory maternity pay.  This is currently £117.18 per week (£123.06 from 5th April 2009) and the vast majority of it can be claimed back from HM Revenue and Customs.

Q          A female employee has asked if she can take paternity leave as she and her partner are adopting a child.  Surely only fathers can take paternity leave?

A         Subject to satisfying certain qualifying conditions, when a couple are adopting a child they can choose which partner wishes to take ordinary and additional adoption leave and the other can opt to take paternity leave, regardless of sexual orientation.