OpenLegislation

Regulation 5 Entitlement to statutory paternity pay where person has worked in an EEA StateF1F10

England, Wales and Scotland

(1)

A person who is an employee or treated as an employee under regulation 3 and who—

(a)

in the week immediately preceding the 14th week before the expected week of the child’s birth was in employed earner’s employment with an employer in Great Britain; and

(b)

had in any week within the period of 26 weeks immediately preceding that week been employed by the same employer in F2an EEA State,

shall be treated for the purposes of section 171ZA of the Act F3(entitlement to statutory paternity pay (birth)) F4... as having been employed in employed earner’s employment in those weeks in which the person was so employed in F5the EEA State.

(2)

A person who is an employee or treated as an employee under regulation 3 and who—

(a)

in the week in which the adopter is notified of being matched with the child for purposes of adoption was in employed earner’s employment with an employer in Great Britain; and

(b)

had in any week within the period of 26 weeks immediately preceding that week been employed by the same employer in F6an EEA State,

shall be treated for the purposes of section 171ZB of the Act F7(entitlement to statutory paternity pay (adoption)) F8... as having been employed in employed earner’s employment in those weeks in which the person was so employed in F9the EEA State.

Annotations

Textual amendments

F1

Reg. 5 substituted (6.4.2010) by The Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations 2002 (Amendment) Regulations 2010 (S.I. 2010/151), regs. 1, 5

F2

Word in reg. 5(1)(b) substituted (31.12.2020) by The Employment Rights (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/535), reg. 1(1), Sch. 1 para. 12(a)(i) (with Sch. 1 para. 22); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in reg. 5(1) substituted (5.4.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 13(4)(b)(i) (with art. 35(1))

F4

Words in reg. 5(1) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 13(4)(b)(ii) (with art. 35(1))

F5

Words in reg. 5(1) substituted (31.12.2020) by The Employment Rights (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/535), reg. 1(1), Sch. 1 para. 12(a)(ii) (with Sch. 1 para. 22); 2020 c. 1, Sch. 5 para. 1(1)

F6

Word in reg. 5(2)(b) substituted (31.12.2020) by The Employment Rights (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/535), reg. 1(1), Sch. 1 para. 12(b)(i) (with Sch. 1 para. 22); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in reg. 5(2) substituted (5.4.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 13(4)(c)(i) (with art. 35(1))

F8

Words in reg. 5(2) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 13(4)(c)(ii) (with art. 35(1))

F9

Words in reg. 5(2) substituted (31.12.2020) by The Employment Rights (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/535), reg. 1(1), Sch. 1 para. 12(b)(ii) (with Sch. 1 para. 22); 2020 c. 1, Sch. 5 para. 1(1)

F10

Words in reg. 5 heading substituted (5.4.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 13(4)(a) (with art. 35(1))