The period of pay
An employee who is entitled to adoption leave will also normally be entitled to Statutory Adoption Pay ("SAP") for the first 39 weeks period of that leave (previously 26 weeks, which applied if the placement occured before 1st April 2007). This period covers the 26 week period of "ordinary adoption leave" and half of the further 26 week period known as "additional adoption leave". The balance of additional adoption leave will be unpaid unless the employee has some special contractual arrangement to the contrary with the employer - see notes at Adoption leave/an outline of the right .
The amount of pay
The amount of SAP is the same as the standard rate of statutory maternity pay (''SMP'') (£128.73 per week from April 2011). As with Statutory Maternity Pay, employers can recoup from the State most, or in the case of smaller employers all, of the cost of SAP by offset against tax/NIC payments due, or in cash if these are insufficient.
To find current rates of social security payments generally see Social Security/Employment related benefits/2011-2012 rates .
Conditions as to eligibility
Notice requirement
The employee must give 28 days advance notice to the employer to be entitled to SAP and must satisfy various conditions as to eligibility.
National Insurance contributions
SAP is, effectively, a contributions based National Insurance Benefit, albeit administered by employers and therefore, in general, employees who do not pay employee National Insurance Contributions are not entitled to it. Those whose normal weekly earnings are below the Lower Earnings Limit for National Insurance Contributions do not qualify for SAP. For the current LEL see notes at Social Security/National insurance contributions . These employees These employees (bearing in mind the minimum wage they will invariably be part timers) may nevertheless be entitled to Housing Benefit, Council Tax Benefit or Tax Credits - information is available from Jobcentres and Social Security offices (Social Security Contributions and Benefits Act 1992 s.171ZL, introduced with effect from 8th December 2002 by Emp'tAct 2002 s.4).
Continuity of service
An employee muse have a period of continuous employment of at least 26 weeks prior to the week in which he is notified that he has been matched with a child for adoption (Social Security Contributions and Benefits Act 1992 s.171ZL, above). From 6th April 2005, the rules ensure that if an employee is reinstated or reengaged after a statutory dispute resolution procedure, their continuity of employment will be treated as unbroken for purposes of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002, SI 2002/2822 (see the Statutory Maternity Pay (General) and the Statutory Paternity Pay and Statutory Adoption Pay (General) (Amendment) Regulations 2005 SI 2005/358 and notes at Disciplinary procedures/2004 new regulations ).
If an employer considers that an employee who is claiming SAP is not entitled to it he must provide a written statement to that effect.
See also notes at Adoption Leave/an outline of the right and Paternity Leave/an outline of the right .
There is also much useful information re rights of working parents generally on (or from) a government website at www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/index.htm, including links to government materials explaining the right to statutory adoption leave and pay.