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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations amend the Paternity and Adoption Leave Regulations (Northern Ireland) 2002 (“the 2002 Regulations”).

The amendments:

  • remove the requirement for a qualifying period of service of 26 weeks before an employee is entitled to adoption leave, making statutory adoption leave a ‘day one’ right (regulation 7(c) to (e));

  • adjust the right to return after paternity or adoption leave to take account of shared parental leave (regulation 6);

  • extend to foster parents who are prospective adopters new rights to adoption leave if they have been notified that a child is to be placed with them (‘fostering for adoption’ arrangements) (much of regulation 3 is relevant);

  • provide new rights to paternity leave to the spouses, civil partners and partners of these prospective adopters (again, much of regulation 3 is relevant);

  • provide for an employee’s adoption leave to terminate early if the child’s placement as part of a fostering for adoption arrangement is terminated and the child is returned to the adoption agency (regulation 8);

  • prevent an employee from taking paternity leave if the employee—

    • has already taken shared parental leave (regulations 4 and 5);

    • has already exercised a right to take paid time off to attend an adoption appointment in respect of the same child (regulation 5);

    • has already taken paternity leave as part of a fostering for adoption arrangement for the same child (regulation 5);

  • prevent an employee from taking adoption leave, if the employee has already done so as part of a fostering for adoption arrangement for the same child (regulation 7(a) and (b)); and

  • protect employees who suffer a detriment or who are dismissed in relation to time off work for ante-natal or adoption appointments (regulations 10 to 13).

An impact assessment has not been prepared for these Regulations. These Regulations are part of a package of legislative measures and the relevant impacts were assessed within the document ‘Sharing parental rights, extending flexibility at work – public consultation’, published in May 2013 (www.delni.gov.uk/index/consultation-zone/archived-consultations/archived-consultations-2013/working-parents-rights.htm), and supplemented by a further publication in April 2014 (www.delni.gov.uk/index/publications/equality-good-relations/shared-parental-leave-and-pay.htm).