Regulation 7 Entitlement to paternity leave: adoption from overseasI1

For regulations 8 to 10 of the Leave Regulations substitute—

“Entitlement to paternity leave

8.

(1)

F1An employee is entitled to be absent from work for the purpose of caring for a child adopted from overseas or supporting the child’s adopter if he—

(a)

satisifies the conditions in paragraph (2); and

(b)

has complied with the notice requirements in regulation 10 and, where applicable, the evidential requirements in that regulation.

F2( 1A)

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

(2)

The conditions referred to in paragraph (1) are that—

(a)

the child’s adopter has received an official notification;

F3(b)

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

(c)

the employee is either married to F4, the civil partner or the partner of the child’s adopter, and

(d)

the employee has, or expects to have, the main responsibility (apart from the responsibility of the child’s adopter) for the upbringing of the child.

F5(3)

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

(4)

An employee shall be treated as having satisfied the condition in paragraph (2)(c) if he would have satisfied it but for the fact that the child’s adopter died during the period of 56 days commencing with the date on which the child entered Great Britain.

(5)

An employee shall be treated as having satisfied the condition in paragraph (2)(d) if he would have satisfied it but for the fact that the child has ceased to live with the adopter.

(6)

An employee’s entitlement to leave under this regulation shall not be affected by the fact that more than one child is the subject of adoption from overseas by the adopter as part of the same arrangement.

Options in respect of leave under regulation 8

9.

F6(1)

An employee may choose to take either—

(a)

a single period of leave of either one week or two weeks, or

(b)

two non-consecutive periods of leave of a week each

in respect of a child under regulation 8.

(2)

The leave may only be taken during the period of F752 weeks beginning with the date on which the child enters Great Britain.

(3)

Subject to paragraph (2) and, where applicable, paragraph (4), an employee may choose to begin the period of leave under regulation 8 on—

(a)

the date on which the child enters Great Britain; or

(b)

a predetermined date, specified in a notice under regulation 10, which is later than the date on which the child enters Great Britain.

(4)

In a case where the adopter received an official notification before 6th April 2003 and the adopter’s child enters Great Britain on or after that date, the employee may choose to begin a period of paternity leave only on a predetermined date, specified in a notice under regulation 10, which is later than the date of entry and, unless the employer agrees to an earlier commencement of the leave period, is at least twenty-eight days after the date on which that notice was given.

F8Notice and evidential requirements for leave under regulation 8

10.

(1)

An employee must give their employer—

(a)

notice of their entitlement to take leave in respect of a child under regulation 8 which specifies—

(i)

the date on which the adopter of the child received an official notification, and

(ii)

the date on which the child is expected to enter Great Britain or, where the child has already entered Great Britain, the date of entry, and

(b)

a declaration in writing that—

(i)

the employee satisfies the conditions in regulation 8(2)(c) and (d), and

(ii)

the adopter of the child has received an official notification.

(2)

An employee must also give their employer, on each occasion that a period of leave is chosen in accordance with regulation 9—

(a)

a notice that specifies the start day or date of that period of leave and its duration, and

(b)

a declaration in writing that the purpose of the period of leave will be that specified in regulation 8(1).

(3)

The notice and declaration in paragraph (1) must be given to the employer—

(a)

F9no more than 28 days after the date on which the adopter of the child receives the official notification, or

(b)

if it is not reasonably practicable to do so, as soon as is reasonably practicable.

(4)

The notice and declaration in paragraph (2) must be given to the employer at least 28 days before—

(a)

the date which the employee has notified in accordance with paragraph (1)(a)(ii) as the date on which the child is expected to enter Great Britain, where the option in regulation 9(3)(a) is chosen;

(b)

the predetermined date, where the option in regulation 9(3)(b) is chosen;

or, if it is not reasonably practicable to do so, as soon as is reasonably practicable.

(5)

An employee who has previously given notice under paragraph (2)(a) or (8) or this paragraph may—

(a)

vary the day or date chosen as the day or date on which a period of leave will begin or end, or

(b)

cancel the period of leave chosen,

provided that notice of the variation or cancellation is given to the employer in accordance with paragraph (6).

(6)

A notice under paragraph (5) must be given by whichever is the earlier of at least 28 days before—

(a)

the original day or date referred to in paragraph (7)(a), or

(b)

the new day or date referred to in paragraph (7)(b),

or, if it is not reasonably practicable to do so, as soon as is reasonably practicable.

(7)

For the purposes of—

(a)

paragraph (6)(a), where a notice has previously been given under either paragraph (2)(a), (5) or (8), the original day or date is—

(i)

the date provided under paragraph (4)(a) as the date on which the child is expected to enter Great Britain, where the option in regulation 9(3)(a) was chosen in that notice;

(ii)

the predetermined date specified in that notice, where the option in regulation 9(3)(b) was chosen;

(b)

paragraph (6)(b), the new day or date is—

(i)

the date provided under paragraph (4)(a) as the date on which the child is expected to enter Great Britain, where the option in regulation 9(3)(a) is chosen in the notice of variation;

(ii)

the predetermined date specified in the notice of variation, where the option in regulation 9(3)(b) is chosen.

(8)

In a case where—

(a)

the employee has chosen to begin a period of leave on a particular predetermined date, and

(b)

the child has not entered Great Britain on or before that date,

the employee must vary the choice of date, by substituting a later predetermined date or exercising an alternative option under regulation 9, and must give the employer notice of the variation as soon as is reasonably practicable.

(9)

Where a notice is given under paragraph (5) or (8) which varies the days or dates of a period of leave, a declaration under paragraph (2)(b) in relation to that period must be given at the same time as that notice.

(10)

An employee must give their employer a further notice of the date on which the child enters Great Britain, within 28 days of that date or, if that is not reasonably practicable, as soon as is reasonably practicable, unless that information has already been provided under paragraph (1)(a)(ii).

(11)

Notice under paragraph (1)(a), (2)(a), (5), (8) and (10) must be given in writing, if the employer so requests.

(12)

Where it becomes known to the employee that the child will not enter Great Britain, the employee must notify the employer of the fact as soon as is reasonably practicable.”