Leave and pay when you have a child through surrogacy

Returning to work

Telling your employer when you'll return

You do not need to tell your employer when you’ll return to work. But if you know the date you want to return, you can let your employer know before you leave. This will help your employer plan for your return. 

If you do not tell your employer about a return date

If you’re not sure when you want to return or you do not give your employer a return date, they’ll assume you’ll return to work after 52 weeks.

Changing the date you return 

If you want to return to work early, you must give your employer 8 weeks’ notice. 

It might be possible to agree a return date with less than 8 weeks’ notice but only if your employer agrees. 

Not returning to work

If you do not want to return to work after your adoption leave, you must give your employer notice. Check your employment contract to find out how much notice you must give. 

Return to work rights

If you’ve taken adoption leave of up to 26 weeks 

You have the right to return to the same job.

If you’ve taken adoption leave of more than 26 weeks

You have the right to return to the same job unless your employer has a good reason to offer you another one. For example, if the job no longer exists or there have been changes to the organisation, your employer must offer you a suitable alternative job.

In this case, the job cannot be worse for you than your previous job. For example, the job cannot be in a worse location and your employer cannot decrease your:

  • pay
  • benefits
  • holiday entitlement
  • seniority

If you think your employer is not being fair

Your employer should not sack (‘dismiss’) you or treat you unfairly just because you’re taking adoption leave. 

If you’re selected for redundancy during adoption leave, your employer must offer you a suitable alternative job. 

Check your redundancy is fair.

Flexible working 

You might want to change your hours or working arrangements when you return to work. This is called ‘making a flexible working request’. 

How to make a flexible working request.