Article 107G Entitlement to shared parental leave: adoptionC3F1F2C1C2
Northern Ireland
The Department may make regulations entitling an employee who satisfies specified conditions—
as to duration of employment,
as to being a person with whom a child is, or is expected to be, placed for adoption under the law of any part of the United Kingdom,
as to caring or intending to care, with another person (“P”), for the child,
as to entitlement to adoption leave,
as to the exercise of that entitlement and the extent of any such exercise,
as to giving notice of an intention to exercise an entitlement to leave under this paragraph, and
as to the consent of P to the amount of leave under this paragraph that the employee intends to take,
to be absent from work on leave under this paragraph for the purpose of caring for the child.
Regulations under paragraph (1) may provide that the employee's entitlement is subject to the satisfaction by P of specified conditions—
as to employment or self-employment,
as to having earnings of a specified amount for a specified period,
as to caring or intending to care, with the employee, for the child, and
as to relationship with the child or the employee.
Provision under paragraph (1)(f) may require the employee to give notice to the employer about—
the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of P to exercise an entitlement to leave under paragraph (4) or to statutory shared parental pay),
how much of the entitlement to leave the employee intends to exercise,
the extent to which P intends to exercise an entitlement to leave under paragraph (4) or to statutory shared parental pay.
The Department may make regulations entitling an employee who satisfies specified conditions—
as to duration of employment,
as to relationship with a child placed, or expected to be placed, for adoption under the law of any part of the United Kingdom or with a person (“A”) with whom the child is, or is expected to be, so placed,
as to caring or intending to care, with A, for the child,
as to giving notice of an intention to exercise an entitlement to leave under this paragraph, and
as to the consent of A to the amount of leave under this paragraph that the employee intends to take,
to be absent from work on leave under this paragraph for the purpose of caring for the child.
Regulations under paragraph (4) may provide that the employee's entitlement is subject to the satisfaction by A of specified conditions—
as to employment or self-employment,
as to having earnings of a specified amount for a specified period,
as to caring or intending to care, with the employee, for the child,
as to entitlement (or lack of entitlement) to adoption leave or statutory adoption pay, and
as to the exercise of any such entitlement and the extent of any such exercise.
Provision under paragraph (4)(d) may require the employee to give notice to the employer about—
the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of A to exercise an entitlement to leave under paragraph (1) or to statutory shared parental pay),
how much of the entitlement to leave the employee intends to exercise,
the extent to which A intends to exercise an entitlement to leave under paragraph (1) or to statutory shared parental pay.
Annotations
Textual amendments
- F1
- F2
Pt. 9 Ch. 1B inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 2(2), 23(1); S.R. 2015/86, art. 3(1)(b)
Modifications
- C1
Art. 107G applied (with modifications) (15.3.2015) by The Employment Rights (Northern Ireland) Order 1996 (Application of Articles 107A, 107B, 107G, 107I, 112A and 112B to Parental Order Cases) Regulations (Northern Ireland) 2015 (S.R. 2015/100), reg. 1(1), Sch. 1
- C2
Art. 107G amendment to earlier affecting provision S.R. 2015/100, reg. 3, Sch. 1 (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 12
- C3
Art. 107G applied (with modifications) (15.3.2015) by The Employment Rights (Northern Ireland) Order 1996 (Application of Articles 107G and 107I to Adoptions from Overseas) Regulations (Northern Ireland) 2015 (S.R. 2015/97), reg. 1, Sch.
Notes on the whole Order
Textual amendments
- F1
functions transfered SR 1999/481