Regulation 21 Adopter’s partner’s entitlement to shared parental leave

(1)

AP is entitled to be absent from work to take shared parental leave in accordance with Chapter 2 to care for C if AP satisfies the conditions specified in paragraph (2) and A satisfies the conditions specified in paragraph (3).

(2)

The conditions are that—

(a)

AP satisfies the continuity of employment test (see regulation 35);

(b)

AP has, at the date of the placement for adoption of C, the main responsibility for the care of C (apart from the responsibility of A);

(c)

AP has complied with regulation 25 (notice to employer of entitlement to shared parental leave);

(d)

AP has complied with regulation 26(3) and (4) (evidence for employer); and

(e)

AP has given a period of leave notice in accordance with regulation 28.

(3)

The conditions are that—

(a)

A satisfies the employment and earnings test (see regulation 36);

(b)

A has, at the date of the placement for adoption of C, the main responsibility for the care of C (apart from the responsibility of AP);

(c)

A is entitled to statutory adoption leave or statutory adoption pay in respect of C; and

(d)

where—

(i)

A is entitled to statutory adoption leave, A has ended any entitlement to statutory adoption leave by curtailing that leave under section 75A(2A) or 75B(3)(a) of the 1996 Act (and that leave remains curtailed) or, where A has not curtailed in that way, A has returned to work before the end of the statutory adoption leave, or

(ii)

where A is not entitled to statutory adoption leave but is entitled to statutory adoption pay, A has curtailed the adoption pay period under section 171ZN(2A) of the 1992 Act^f1 (and that period remains curtailed).

(4)

The entitlement under paragraph (1) is not affected by the number of children placed for adoption through a single placement.

Annotations

Footnotes

f1: Section 171ZN was inserted by the Employment Act 2002, section 4. Section 171N(2A) was inserted by the Children and Families Act 2014, section 120(6).