Regulation 8 Entitlement to paternity leave: adoptionI1C1
England, Wales and Scotland
F1Subject to paragraph (1A), an employee is entitled to be absent from work for the purpose of caring for a child or supporting the child’s adopter if he—
satisfies the conditions specified in paragraph (2), and
has complied with the notice requirements in regulation 10 and, where applicable, the evidential requirements in that regulation.
An employee is not entitled to be absent from work under paragraph (1) if the employee–
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
has exercised a right to take time off under section 57ZJ of the 1996 Act in respect of the child F4; or
has already taken paternity leave in relation to the child as a result of the child being placed with a prospective adopter who is at the time of the placement the employee’s spouse, civil partner or partner.
The conditions referred to in paragraph (1) are that the employee—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
is either married to F6, the civil partner or the partner of the child’s adopter, and
has, or expects to have, the main responsibility (apart from the responsibility of the adopter) for the upbringing of the child.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An employee shall be treated as having satisfied the condition in paragraph (2)(b) if he would have satisfied it but for the fact that the child’s adopter died during the child’s placement.
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 placement with the adopter has ended.
An employee’s entitlement to leave under this regulation shall not be affected by the placement for adoption of more than one child as part of the same arrangement.
Annotations
Textual amendments
- F1
Words in reg. 8(1) substituted (1.12.2014) by The Paternity and Adoption Leave (Amendment) Regulations 2014 (S.I. 2014/2112), regs. 1(3), 5(a)
- F2
Reg. 8(1A) inserted (1.12.2014 for specified purposes, 5.4.2015 in so far as not already in force) by The Paternity and Adoption Leave (Amendment) Regulations 2014 (S.I. 2014/2112), regs. 1(3)(4), 5(b)
- F3
Reg. 8(1A)(a) omitted (18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by virtue of The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (S.I. 2026/15), regs. 1(2)(3), 10(4) (with reg. 3)
- F4
Reg. 8(1A)(c) and preceding word inserted (5.4.2015) by The Paternity and Adoption Leave (Amendment) (No. 2) Regulations 2014 (S.I. 2014/3206), regs. 1, 5(2)(b) (with reg. 2)
- F5
Reg. 8(2)(a) omitted (18.2.2026 for specified purposes) by virtue of The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (S.I. 2026/15), regs. 1(2)(3), 6(3)(a) (with reg. 3)
- F6
Words in reg. 8(2)(b) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 2(17), reg. 1, Sch. 17 para. 1(3)
- F7
Reg. 8(3) omitted (18.2.2026 for specified purposes) by virtue of The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (S.I. 2026/15), regs. 1(2)(3), 6(3)(b) (with reg. 3)
Modifications
- C1
Reg. 8 applied (with modifications) (18.2.2026) by The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (S.I. 2026/15), regs. 1(2)(e), 9(1)(3)
Commencement
- I1
Reg. 8 in force at 8.12.2002, see reg. 1