Regulation 6 Notice requirements

(1)

An employee who wishes to exercise an entitlement to take bereaved partner’s paternity leave in respect of a child must comply with the notice requirements of this regulation.

(2)

The employee must give the employer notice of the employee’s intention to take bereaved partner’s paternity leave in accordance with paragraph (3)—

(a)

specifying the dates set out in paragraph (6)(a) and (b), and in paragraph (6)(c)(i), (ii) or (iii) (as the case may be), and

(b)

where the employee chooses the period of bereaved partner’s paternity leave to begin more than eight weeks after the bereavement date, specifying the date and making the declarations set out in paragraph (7).

(3)

The employee must give the notice in paragraph (2)—

(a)

where the employee chooses the period of bereaved partner’s paternity leave to begin no more than eight weeks after the bereavement date—

(i)

orally or in writing, and

(ii)

before the employee is due to start work on the employee’s first day of absence from work on bereaved partner’s paternity leave;

(b)

where the employee chooses the period of bereaved partner’s paternity leave to begin more than eight weeks after the bereavement date—

(i)

in writing, and

(ii)

at least one week before the employee’s first day of absence from work on bereaved partner’s paternity leave.

(4)

Where the employee begins a period of bereaved partner’s paternity leave no more than eight weeks after the bereavement date, the employee must give the employer notice in accordance with paragraph (5) of the length of time the employee intends to be absent from work on bereaved partner’s paternity leave—

(a)

specifying the date set out in paragraph (7)(a), and

(b)

where the employee’s intended return date is more than eight weeks after the bereavement date—

(i)

confirming the date set out in paragraph (6)(c)(i), (ii) or (iii) (as the case may be), and

(ii)

making the declarations set out in paragraph (7)(b) and (c).

(5)

The employee must give the employer the notice in paragraph (4)—

(a)

in writing,

(b)

no more than eight weeks after the bereavement date, and

(c)

at least one week before the intended return date.

(6)

The dates referred to in paragraphs (2)(a) and (4)(b)(i) are—

(a)

the bereavement date;

(b)

the leave start date;

(c)

the date on which—

(i)

in a birth case or parental order case, the child was born;

(ii)

in a domestic adoption case, the child was placed for adoption with the adopter;

(iii)

in an overseas adoption case, the child entered Great Britain.

(7)

The date and declarations referred to in paragraphs (2)(b), (4)(a) and (4)(b)(ii) are—

(a)

the intended return date, such date being no later than the day immediately following the final day of the paternity leave eligibility period;

(b)

a declaration that the purpose of the period of leave will be that specified in regulation 4 (1) (entitlement to bereaved partner’s paternity leave);

(c)

a declaration that the employee satisfies the relationship conditions specified in regulation 4 (2), (3) and, in a parental order case, (4).