Are there any circumstances in which my employer does not have to pay me Statutory Adoption Pay?

You cannot receive Statutory Adoption Pay (SAP) while you are in receipt of Statutory Sick Pay (SSP). Similarly, if you fall ill while on adoption leave you are not entitled to claim SSP.

Your employer is not liable to pay you SAP if, during any week that you are receiving it, you are taken into legal custody, or sentenced to imprisonment (not a suspended sentence). However, if you are taken into custody and then released without charge, found not guilty of any offence, receive a suspended sentence or are convicted of an offence but not given a sentence, then you are entitled to continue receiving SAP from your employer.

If you take paid work with another employer, who is not the employer paying you SAP, then the employer who is paying you SAP can stop paying it.

If you die while in receipt of SAP, your employer can stop paying it in the week following the week in which you die.

If the adoption is disrupted – for example, because the placement is terminated or because the child dies – you are entitled to eight weeks' leave from the disruption or death, but this can't go beyond the end date of the adoption leave.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

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