# The Paternity and Adoption Leave Regulations 2002, Regulation 8: Entitlement to paternity leave: adoption

Extent: E+W+S

(1) Subject 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—
(a) satisfies the conditions specified in paragraph (2), and
(b) has complied with the notice requirements in regulation 10 and, where applicable, the evidential requirements in that regulation.
(1A) An employee is not entitled to be absent from work under paragraph (1) if the employee–
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) has exercised a right to take time off under section 57ZJ of the 1996 Act in respect of the child ; or
(c) 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.
(2) The conditions referred to in paragraph (1) are that the employee—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) is either married to , the civil partner or the partner of the child’s adopter, and
(c) has, or expects to have, the main responsibility (apart from the responsibility of the adopter) for the upbringing of the child.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) 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.
(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’s placement with the adopter has ended.
(6) 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.

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Source: https://www.legislation.gov.uk/uksi/2002/2788/regulation/8 (the official version)
Page: https://openlegislation.uk/paternity-and-adoption-leave-regulations-2002/regulation-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.