# The Paternity and Adoption Leave Regulations 2002, Regulation 4: Entitlement to paternity leave: birth

Extent: E+W+S

(1) An employee is entitled to be absent from work for the purpose of caring for a child or supporting the child’s mother if he—
(a) satisfies the conditions specified in paragraph (2), and
(b) has complied with the notice requirements in regulation 6 and, where applicable, the evidential requirements in that regulation.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The conditions referred to in paragraph (1) are that the employee—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) is either—
(i) the father of the child or;
(ii) married to , the civil partner or the partner of the child’s mother, but not the child’s father;
(c) has, or expects to have—
(i) if he is the child’s father, responsibility for the upbringing of the child;
(ii) if he is the mother’s husband , civil partner or partner but not the child’s father, the main responsibility (apart from any responsibility of the mother) for the upbringing of the child.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) An employee shall be treated as having satisfied the condition in paragraph (2)(b)(ii) if he would have satisfied it but for the fact that the child’s mother has died.
(5) 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 was stillborn after 24 weeks of pregnancy or has died.
(6) An employee’s entitlement to leave under this regulation shall not be affected by the birth, or expected birth, of more than one child as a result of the same pregnancy.

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Source: https://www.legislation.gov.uk/uksi/2002/2788/regulation/4 (the official version)
Page: https://openlegislation.uk/paternity-and-adoption-leave-regulations-2002/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.