Regulation 20 Adopter's entitlement to shared parental leave

(1)

A is entitled to be absent from work to take shared parental leave in accordance with Chapter 2 to care for C if A satisfies the conditions specified in paragraph (2) and AP satisfies the conditions specified in paragraph (3).

(2)

The conditions are that—

(a)

A satisfies the continuity of employment test (see regulation 35);

(b)

A has, at the date of the placement for adoption of C, the main responsibility for the care of C (apart from the responsibility of AP);

(c)

A is entitled to statutory adoption leave in respect of C;

(d)

A has ended any entitlement to statutory adoption leave by curtailing that leave under Article 107A(2A) or 107B(3)(a) of the 1996 Order M1 (and that leave remains curtailed) or, where A has not curtailed in that way, A has returned to work before the end of the statutory adoption leave;

(e)

A has complied with regulation 24 (notice to employer of entitlement to shared parental leave);

(f)

A has complied with regulation 26(3) and (4) (evidence for employer); and

(g)

A has given a period of leave notice in accordance with regulation 28.

(3)

The conditions are that—

(a)

AP satisfies the employment and earnings test (see regulation 36); and

(b)

AP has, at the date of the placement for adoption of C, the main responsibility for the care of C (apart from the responsibility of A).

(4)

The entitlement under paragraph (1) is not affected by the number of children placed for adoption through a single placement.

Annotations

Marginal citations

M1: Articles 107A and 107B were inserted by S.I. 2002/2836 (N.I. 2)), Article 3. Article 107A(2A) was inserted by S.I 2006/1947 (N.I. 16)), Schedule 1, paragraph 32. Article 107A(2A) and Article 107B(3) were amended by 2015 c. 1 (N.I.), section 3(4) and (5) (respectively).