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Regulation 3 Entitlement to request a contract variation to care for a childF1F7I1

England, Wales and Scotland

(1)

An employee is entitled to make an application to his employer for a contract variation F2to enable him, in accordance with section 80F(1)(b)(i) of the 1996 Act, to care for a child if he—

(a)

has been continuously employed for a period of not less than 26 weeks;

(F3b)

is either—

(i)

the mother, father, adopter, guardian, special guardian, foster parent or private foster carer of, or a person in whose favour a residence order is in force in respect of, the child F4or a person named in a child arrangements order as a person with whom the child is to live; or

(ii)

married to, the civil partner of or the partner of—

(aa)

the child’s mother, father, adopter, guardian, special guardian, foster parent or private foster carer, or

(bb)

a person in whose favour a residence order is in force in respect of the child;

(F5cc)

a person named in a child arrangements order as a person with whom the child is to live

(c)

has, or expects to have responsibility for the upbringing of the child.

F6(2)

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

Annotations

Textual amendments

F1

Regulations revoked (with saving) (30.6.2014) by The Flexible Working Regulations 2014 (S.I. 2014/1398), reg. 2(2)

F2

Words in reg. 3(1) inserted (6.4.2007) by The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006 (S.I. 2006/3314), regs. 1, 4(3)

F3

Reg. 3(1)(b) substituted (1.10.2007) by The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) (No. 2) Regulations 2007 (S.I. 2007/2286), regs. 1, 4

F4

Words in reg. 3(1)(b)(i) inserted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 9(3)

F5

Reg. 3(1)(b)(ii)(cc) inserted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 9(4)

F6

Reg. 3(2) omitted (6.4.2007) by virtue of The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006 (S.I. 2006/3314), regs. 1, 4(5)

F7

Words in reg. 3 heading inserted (6.4.2007) by The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006 (S.I. 2006/3314), regs. 1, 4(2)

Commencement

I1

Reg. 3 in force at 6.4.2003, see reg. 1