About this information
- This information outlines the statutory right to take time off to attend adoption appointments. It applies to employees and agency workers. It does not apply to self-employed contractors.
- In relation to an agency worker, the rights set out in this information only apply to the worker once they have worked in the same role with the employer for at least 12 continuous weeks (which may include more than one assignment). For these purposes the employer will ignore any breaks due to holiday or other leave to which the employee is entitled i.e., at Christmas or other time of the year, breaks due to industrial action, breaks of up to 28 weeks in cases of sickness or jury service, and breaks of up to six weeks for any other reason. The employer will treat breaks due to pregnancy or childbirth up to 26 weeks after birth, and any statutory maternity, paternity or adoption leave, as time worked.
Time off for an adoption appointment
- An adoption appointment is an appointment arranged by an adoption agency (or at the agency’s request) for an employee to have contact with a child who is to be placed with them for adoption, or for any other purpose related to the adoption.
- An employee may take time off to attend an adoption appointment once the agency has notified them that a child is to be placed with them for adoption but before the child is actually placed with them.
If an employee is adopting a child with another person
- Where an employee and their partner are adopting a child, they must decide between them who will be treated as the primary adopter and who will be treated as the secondary adopter for the purposes of time off. They must tell the employer their decision the first time they request time off for an adoption appointment. This will affect how much time they can take off and whether it is paid.
- An employee would usually choose to be the primary adopter if they intend to take adoption leave when the child is placed with them. They will not be able to take paternity leave if they have elected to be the primary adopter.
- An employee would usually choose to be the secondary adopter if they intend to take paternity leave when the child is placed with them, although they may be able to take adoption leave if their partner is not taking it.
If an employee is adopting more than one child
If the agency is placing more than one child with an employee as part of the same arrangement, this is treated as one adoption and will not increase the number of appointments the employee can take time off to attend. Any time off must be taken before the first child is placed with the employee.
Amount of time off
- If an employee is adopting on their own or has elected to be the primary adopter, they may take paid time off to attend an adoption appointment on up to five occasions in relation to any particular adoption.
- If an employee is the secondary adopter, they may take unpaid or paid (depending on the policy of the individual employer) time off to attend an adoption appointment on up to two occasions only.
- An employee must not take more than 6.5 hours off for each appointment, including travel and waiting time.
How to book time off
- Employees should try to give the employer as much notice of the appointment as possible. An employee must provide their manager with a signed statement or an email confirming:
- The date and time of the appointment.
- That the appointment has been arranged or requested by the adoption agency.
- Whether the employee is adopting a child alone or jointly with another person
- If an employee is adopting with another person, whether they are electing to take paid or unpaid time off.
- In relation to an agency worker, they may have to notify their agency as well. The worker should check with the agency.
- The employer may sometimes ask the employee to try and rearrange an appointment where it is reasonable to do so. In exceptional circumstances the employer reserves the right to refuse a request for a particular appointment but will not do so without good reason.
