Regulation 4 Entitlement to bereaved partner’s paternity leave

(1)

An employee is entitled to be absent from work on bereaved partner’s paternity leave for the purpose of caring for a child where—

(a)

the child’s primary carer dies, and

(b)

the employee satisfies the relationship conditions specified in—

(i)

paragraph (2),

(ii)

paragraph (3), and

(iii)

in a parental order case, paragraph (4).

(2)

The relationship condition referred to in paragraph (1)(b)(i) is that the employee—

(a)

in a birth case—

(i)

is the child’s father, or

(ii)

is not the child’s father but, immediately before the death of the child’s mother, was married to, or was the civil partner or the partner of, the child’s mother;

(b)

in a domestic adoption case, was married to, or was the civil partner or the partner of, the child’s adopter—

(i)

on the date on which the child was placed for adoption, or

(ii)

immediately before the death of the child’s adopter;

(c)

in an overseas adoption case, was married to, or was the civil partner or the partner of, the child’s adopter—

(i)

on the date on which the child’s adopter received the official notification, or

(ii)

immediately before the death of the child’s adopter;

(d)

in a parental order case, was married to, or was the civil partner or the partner of, the child’s primary parental order parent—

(i)

on the date on which the child was born, or

(ii)

immediately before the death of the child’s primary parental order parent.

(3)

The relationship condition referred to in paragraph (1)(b)(ii) is that the employee has the main responsibility for the upbringing of the child.

(4)

The relationship condition referred to in paragraph (1)(b)(iii) is that the employee—

(a)

has been granted an order in respect of the child under section 54 of the Human Fertilisation and Embryology Act 2008, or

(b)

has applied, or intends to apply for such an order in respect of the child within the time limit set by subsection (3) of that section, and expects the court to make that order.

(5)

An employee’s entitlement to bereaved partner’s paternity leave is not affected by—

(a)

in a birth case or parental order case, the birth of more than one child as a result of the same pregnancy;

(b)

in a domestic adoption case, the placement for adoption of more than one child as part of the same arrangement;

(c)

in an overseas adoption case, the adoption from overseas of more than one child as part of the same arrangement.