Regulation 5 Options in respect of leave under regulation 4I1

England, Wales and Scotland

F1(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 4.

(2)

The leave may only be taken during the period which begins with the date on which the child is born and ends—

(a)

except in the case referred to in sub-paragraph (b), F252 weeks after that date;

(b)

in a case where the child is born before the first day of the expected week of its birth, 52 weeks after that day.

(3)

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

(a)

the date on which the child is born;

(b)

the date falling such number of days after the date on which the child is born as the employee may specify in a notice under regulation 6, or

(c)

a predetermined date, specified in a notice under that regulation, which is later than the first day of the expected week of the child’s birth.

(4)

In a case where the leave is in respect of a child whose expected week of birth begins before 6th April 2003, an employee may choose to begin a period of leave only on a predetermined date, specified in a notice under regulation 6, which is at least 28 days after the date on which that notice is given.

Annotations

Textual amendments

F1: Reg. 5(1) substituted (8.3.2024 with effect from 6.4.2024 in accordance with reg. 5 of the amending S.I.) by The Paternity Leave (Amendment) Regulations 2024 (S.I. 2024/329), regs. 2, 9(a) (with reg. 6)
F2: Words in reg. 5(2) substituted (8.3.2024 with effect from 6.4.2024 in accordance with reg. 5 of the amending S.I.) by The Paternity Leave (Amendment) Regulations 2024 (S.I. 2024/329), regs. 2, 9(b) (with reg. 6)

Commencement

I1: Reg. 5 in force at 8.12.2002, see reg. 1