Law guide: Workplace

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Statutory adoption pay

Statutory adoption pay

Qualifying for Statutory adoption pay (SAP)

You may be entitled to claim Statutory Adoption Pay (SAP) for the first 39 weeks of your Statutory Adoption Leave (SAL). Most of the conditions for receiving SAP are the same as those for SAL, but there are some additional requirements.

When does SAP apply?

You can claim SAP on several conditions:

  • Your weekly earnings must be more than the Lower Earnings Limit (LEL) for at least 8 weeks prior to the week in which your adoption agency notifies you that you have been matched with a child (the relevant week)
  • You need to have worked continuously for your employer for at least 26 weeks prior to the relevant week
  • You must give your employer copies of the official documentation from your adoption agency together with a declaration that you have elected to receive SAP (you can't claim SAP if you're being paid contractual adoption leave pay or statutory paternity pay)
  • You must have actually stopped working, i.e. you must have commenced your SAL

If your employer thinks you are not entitled to SAP, they must tell you in writing.

SAP rates

If you qualify for SAP, you will be paid either the current standard rate, or 90% of your average weekly earnings if this is less. Your employment contract may entitle you to additional adoption pay.

More info

For more information on SAL, see our 'Adoption leave' section.

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