The Employment Rights (Northern Ireland) Order 1996

[F1 [F2 Entitlement to [F3 paternity leave] : adoption N.I.

F4 112B .— (1) The Department shall make regulations entitling an employee who satisfies specified conditions—

(a) as to duration of employment,

(b) as to relationship with a child placed, or expected to be placed, for adoption under the law of any part of the United Kingdom, and

(c) as to relationship with a person with whom the child is, or is expected to be, so placed for adoption,

to be absent from work on leave under this Article for the purpose of caring for the child or supporting the person by reference to whom he satisfies the condition under sub-paragraph (c).

(2) The regulations shall include provision for determining—

(a) the extent of an employee's entitlement to leave under this Article in respect of a child;

(b) when leave under this Article may be taken.

(3) Provision under paragraph (2)(a) shall secure that where an employee is entitled to leave under this Article in respect of a child he is entitled to at least two weeks' leave.

(4) Provision under paragraph (2)(b) shall secure that leave under this Article must be taken before the end of a period of at least 56 days beginning with the date of the child's placement for adoption.

[F5 (4A) Provision under paragraph (2)(b) must secure that, once an employee takes shared parental leave under Article 107G in respect of a child, the employee may not take leave under this Article in respect of the child.]

(5) Regulations under paragraph (1) may—

(a) specify things which are, or are not, to be taken as done for the purpose of caring for a child or supporting a person with whom a child is placed for adoption;

[F6 (aa) make provision excluding the right to be absent on leave under this Article in the case of an employee who, by virtue of provision under Article 112BA(1), has already exercised a right to be absent on leave under this Article in connection with the same child;]

(b) make provision excluding the right to be absent on leave under this Article in the case of an employee who exercises a right to be absent from work on adoption leave;

[F7 (ba) make provision excluding the right to be absent on leave under this Article in the case of an employee who has exercised a right to take time off under Article 85ZJ;]

(c) make provision excluding the right to be absent on leave under this Article in respect of a child where more than one child is placed for adoption as part of the same arrangement;

(d) make provision about how leave under this Article may be taken.

(6) Where more than one child is placed for adoption as part of the same arrangement, the reference in paragraph (4) to the date of the child's placement shall be read as a reference to the date of placement of the first child to be placed as part of the arrangement.

(7) In this Article, “week” means any period of seven days.

(8) The Department may by regulations provide for this Article to have effect in relation to cases which involve adoption, but not the placement of a child for adoption under the law of any part of the United Kingdom, with such modifications as the regulations may prescribe.]]

F1 1999 NI 9

F2 2002 NI 2

F3 Words in art. 112B title substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(10); S.R. 2015/86, art. 4(2)(c) (with art. 7(2))

F4 mod. by SR 2003/220

F5 Art. 112B(4A) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 3(7), 23(1); S.R. 2015/86, art. 3(1)(c)

F6 Art. 112B(5)(aa) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 8(4), 23(1); S.R. 2015/86, art. 3(1)(f)

F7 Art. 112B(5)(ba) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 17(5), 23(1); S.R. 2015/86, art. 3(1)(n)

Modifications etc. (not altering text)

C1 Art. 112B applied (with modifications) (15.3.2015) by The Employment Rights (Northern Ireland) Order 1996 (Application of Articles 107A, 107B, 107G, 107I, 112A and 112B to Parental Order Cases) Regulations (Northern Ireland) 2015 (S.R. 2015/100), reg. 1(1), Sch. 2

C2 Art. 112B amendment to earlier affecting provision S.R. 2015/100, reg. 4, Sch. 2 (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 12