Section 76 Entitlement to parental leave.F1

(1)

The Secretary of State shall make regulations entitling an employee who satisfies specified conditions—

F2(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

as to having, or expecting to have, responsibility for a child,

to be absent from work on parental leave for the purpose of caring for a child.

(2)

The regulations shall include provision for determining—

(a)

the extent of an employee’s entitlement to parental leave in respect of a child;

(b)

when parental leave may be taken.

(3)

Provision under subsection (2)(a) shall secure that where an employee is entitled to parental leave in respect of a child he is entitled to a period or total period of leave of at least three months; but this subsection is without prejudice to any provision which may be made by the regulations for cases in which—

(a)

a person ceases to satisfy conditions under subsection (1);

(b)

an entitlement to parental leave is transferred.

(4)

Provision under subsection (2)(b) may, in particular, refer to—

(a)

a child’s age, or

(b)

a specified period of time starting from a specified event.

(5)

Regulations under subsection (1) may—

(a)

specify things which are, or are not, to be taken as done for the purpose of caring for a child;

(b)

require parental leave to be taken as a single period of absence in all cases or in specified cases;

(c)

require parental leave to be taken as a series of periods of absence in all cases or in specified cases;

(d)

require all or specified parts of a period of parental leave to be taken at or by specified times;

(e)

make provision about the postponement by an employer of a period of parental leave which an employee wishes to take;

(f)

specify a minimum or maximum period of absence which may be taken as part of a period of parental leave.

(g)

specify a maximum aggregate of periods of parental leave which may be taken during a specified period of time.

Annotations

Textual amendments

F1: Pt. 8 (ss. 71-80) substituted for Pt. 8 (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. 1; S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. 2 (with transitional provisions in Sch. 3 para. 10)
F2: S. 76(1)(a) omitted (18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by virtue of Employment Rights Act 2025 (c. 36), ss. 15, 159(3); S.I. 2026/3, regs. 3(2), 4(2) (with Sch. 1)

Notes on the whole Act

Textual amendments

F1: Part 2B heading and s. 27C inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(a)