Regulation 13 Entitlement to parental leave

England, Wales and Scotland

(1)

An employee who—

F1(a)

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

(b)

has, or expects to have, responsibility for a child,

is entitled, in accordance with these Regulations, to be absent from work on parental leave for the purpose of caring for that child.

F2(1A)

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

(2)

An employee has responsibility for a child, for the purposes of paragraph (1), if—

(a)

he has parental responsibility or, in Scotland, parental responsibilities for the child; or

(b)

he has been registered as the child’s father under any provision of section 10(1) or 10A(1) of the Births and Deaths Registration Act 1953 M1 or of section 18(1) or (2) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 M2.

F3(3)

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

Annotations

Textual amendments

F1: Reg. 13(1)(a) and word omitted (18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by virtue of The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (S.I. 2026/15), regs. 1(2)(3), 4(2)
F2: Reg. 13(1A) omitted (5.4.2015) by virtue of The Maternity and Parental Leave etc. (Amendment) Regulations 2014 (S.I. 2014/3221), regs. 1(3), 3
F3: Reg. 13(3) omitted (10.1.2002) by virtue of The Maternity and Parental Leave (Amendment) Regulations 2001 (S.I. 2001/4010), regs. 1(1), 3(c)

Marginal citations

M1: 1953 c. 20; sections 10 and 10A were substituted by the Family Law Reform Act 1987 (c. 42), sections 24 and 25.
M2: 1965 c. 49; section 18(1) was substituted, and section 18(2) amended, by the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9).