Regulation 5

in paragraph (1), for “An” substitute “Subject to paragraph (1A), an”;

after paragraph (1) insert—

“(1A)

An employee is not entitled to be absent from work under paragraph (1) if the employee–

(a)

has taken any shared parental leave in respect of the child; or

(b)

has exercised a right to take time off under section 57ZJ of the 1996 Act in respect of the child.”.