[F1Part VIII]E+W+S

Textual Amendments

F1Pt. 8 (ss. 71-80) substituted for Pt. 8 (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. 1; S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. 2 (with transitional provisions in Sch. 3 para. 10)

[F2Chapter 3 E+W+SPaternity leave

Textual Amendments

80A Entitlement to [F3ordinary]paternity leave: birthE+W+S

(1)The Secretary of State shall make regulations entitling an employee who satisfies specified conditions—

(a)as to duration of employment,

(b)as to relationship with a newborn, or expected, child, and

(c)as to relationship with the child’s mother,

to be absent from work on leave under this section for the purpose of caring for the child or supporting the mother.

(2)The regulations shall include provision for determining—

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

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

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

(4)Provision under subsection (2)(b) shall secure that leave under this section must be taken before the end of a period of at least 56 days beginning with the date of the child’s birth.

(5)Regulations under subsection (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 the child’s mother;

(b)make provision excluding the right to be absent on leave under this section in respect of a child where more than one child is born as a result of the same pregnancy;

(c)make provision about how leave under this section may be taken.

(6)Where more than one child is born as a result of the same pregnancy, the reference in subsection (4) to the date of the child’s birth shall be read as a reference to the date of birth of the first child born as a result of the pregnancy.

(7)In this section—

  • “newborn child” includes a child stillborn after twenty-four weeks of pregnancy;

  • “week” means any period of seven days.

Textual Amendments

[F480AAEntitlement to additional paternity leave: birthE+W+S

(1)The Secretary of State may make regulations entitling an employee who satisfies specified conditions—

(a)as to duration of employment,

(b)as to relationship with a child, and

(c)as to relationship with the child's mother,

to be absent from work on leave under this section for the purpose of caring for the child, at a time when the child's mother satisfies any conditions prescribed under subsection (2).

(2)The conditions that may be prescribed under this subsection are conditions relating to any one or more of the following—

(a)any employment or self-employment of the child's mother;

(b)her entitlement (or lack of entitlement) to leave under this Part or to statutory maternity pay or maternity allowance;

(c)whether, and to what extent, she is exercising or has exercised any such entitlement.

(3)Any regulations under this section shall include provision for determining—

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

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

(4)Provision under subsection (3)(a) shall secure that an employee is not entitled to more than 26 weeks' leave in respect of a child.

(5)Provision under subsection (3)(b) shall secure that leave under this section—

(a)may not be taken before the end of a specified period beginning with the date of the child's birth, but

(b)must be taken before the end of the period of twelve months beginning with that date.

(6)Subsections (4) and (5)(a) do not limit the provision that may be made under subsection (3) in relation to cases where the child's mother has died before the end of the period mentioned in subsection (5)(b).

(7)Regulations under subsection (1) may—

(a)specify things which are, or are not, to be taken as done for the purpose of caring for a child;

(b)make provision excluding the right to be absent on leave under this section in respect of a child where more than one child is born as a result of the same pregnancy;

(c)specify a minimum period which may be taken as leave under this section;

(d)make provision about how leave under this section may be taken;

(e)specify circumstances in which an employee may work for his employer during a period of leave under this section without bringing the period of leave to an end.

(8)Where more than one child is born as a result of the same pregnancy, the reference in subsection (5) to the date of the child's birth shall be read as a reference to the date of birth of the first child born as a result of the pregnancy.

(9)In this section “week” means any period of seven days.]

Textual Amendments

80B Entitlement to [F5ordinary]paternity leave: adoptionE+W+S

(1)The Secretary of State 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 section for the purpose of caring for the child or supporting the person by reference to whom he satisfies the condition under paragraph (c).

(2)The regulations shall include provision for determining—

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

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

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

(4)Provision under subsection (2)(b) shall secure that leave under this section 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.

(5)Regulations under subsection (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;

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

(c)make provision excluding the right to be absent on leave under this section 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 section may be taken.

(6)Where more than one child is placed for adoption as part of the same arrangement, the reference in subsection (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 section, “week” means any period of seven days.

(8)The Secretary of State may by regulations provide for this section 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.

Textual Amendments

Modifications etc. (not altering text)

[F680BBEntitlement to additional paternity leave: adoptionE+W+S

(1)The Secretary of State may make regulations entitling an employee who satisfies specified conditions—

(a)as to duration of employment,

(b)as to relationship with a child 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 so placed for adoption (“the adopter”),

to be absent from work on leave under this section for the purpose of caring for the child, at a time when the adopter satisfies any conditions prescribed under subsection (2).

(2)The conditions that may be prescribed under this subsection are conditions relating to any one or more of the following—

(a)any employment or self-employment of the adopter;

(b)the adopter's entitlement (or lack of entitlement) to leave under this Part or to statutory adoption pay;

(c)whether, and to what extent, the adopter is exercising or has exercised any such entitlement.

(3)Any regulations under this section shall include provision for determining—

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

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

(4)Provision under subsection (3)(a) shall secure that an employee is not entitled to more than 26 weeks' leave in respect of a child.

(5)Provision under subsection (3)(b) shall secure that leave under this section—

(a)may not be taken before the end of a specified period beginning with the date of the child's placement for adoption, but

(b)must be taken before the end of the period of twelve months beginning with that date.

(6)Subsections (4) and (5)(a) do not limit the provision that may be made under subsection (3) in relation to cases where the adopter has died before the end of the period mentioned in subsection (5)(b).

(7)Regulations under subsection (1) may—

(a)specify things which are, or are not, to be taken as done for the purpose of caring for a child;

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

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

(d)specify a minimum period which may be taken as leave under this section;

(e)make provision about how leave under this section may be taken;

(f)specify circumstances in which an employee may work for his employer during a period of leave under this section without bringing the period of leave to an end.

(8)Where more than one child is placed for adoption as part of the same arrangement, the reference in subsection (5) 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.

(9)In this section “week” means any period of seven days.

(10)The Secretary of State may by regulations provide for this section 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.]

Textual Amendments

Modifications etc. (not altering text)

80C Rights during and after paternity leaveE+W+S

(1)Regulations under section 80A [F7or 80AA] shall provide—

(a)that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied if he had not been absent;

(b)that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1) of that section), and

(c)that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations, subject to section 80D(1).

(2)The reference in subsection (1)(c) to absence on leave under section 80A [F8or 80AA] includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—

[F9(za)leave under the other section,]

(a)maternity leave,

(b)adoption leave, and

(c)parental leave.

(3)Subsection (1) shall apply to regulations under section 80B F10... [F10or 80BB as it applies to regulations under section 80A or 80AA.]

(4)In the application of subsection (1)(c) to regulations under section 80B [F11or 80BB], the reference to absence on leave under that section includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—

[F12(za)leave under the other section,]

(a)maternity leave,

(b)adoption leave,

(c)parental leave, and

(d)leave under section 80A [F13or 80AA].

(5) In subsection (1)(a), “terms and conditions of employment”—

(a)includes matters connected with an employee’s employment whether or not they arise under his contract of employment, but

(b)does not include terms and conditions about remuneration.

(6)Regulations under [F14any of sections 80A to 80BB] may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.

(7)Regulations under [F14any of sections 80A to 80BB] may make provision, in relation to the right to return mentioned in subsection (1)(c), about—

(a) seniority, pension rights and similar rights;

(b)terms and conditions of employment on return.

Textual Amendments

F7Words in s. 80C(1) inserted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 5(2), 19; S.I. 2010/495, art. 3(a)

F8Words in s. 80C(2) inserted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 5(3)(a), 19; S.I. 2010/495, art. 3(a)

F10Words in s. 80C(3) substituted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 5(4), 19; S.I. 2010/495, art. 3(a)

F11Words in s. 80C(4) inserted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 5(5)(a), 19; S.I. 2010/495, art. 3(a)

F13Word in s. 80C(4)(d) inserted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 5(5)(c), 19; S.I. 2010/495, art. 3(a)

80D Special casesE+W+S

(1)Regulations under section [F1580A, 80AA, 80B or 80BB] may make provision about—

(a)redundancy, or

(b)dismissal (other than by reason of redundancy),

during a period of leave under that section.

(2)Provision by virtue of subsection (1) may include—

(a)provision requiring an employer to offer alternative employment;

(b)provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part 10).

Textual Amendments

F15Words in s. 80D(1) substituted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 11, 19, Sch. 1 para. 37; S.I. 2010/495, art. 3(c)

80E Chapter 3: supplementalE+W+S

[F16(1)]Regulations under [F17any of sections 80A to 80BB] may—

(a)make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers;

(b)make provision requiring employers or employees to keep records;

(c)make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;

(d)make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);

(e)make special provision for cases where an employee has a right which corresponds to a right under [F17any of sections 80A to 80BB] and which arises under his contract of employment or otherwise;

(f)make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week’s pay) in relation to an employee who is or has been absent from work on leave under [F17any of sections 80A to 80BB];

(g)make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under [F17any of sections 80A to 80BB];

(h)make different provision for different cases or circumstances.

[F18(2)The persons on whom duties may be imposed by regulations under section 80AA or 80BB include not only employees exercising rights by virtue of that section and their employers but also—

(a)in the case of section 80AA, the mother of the child in question and any employer or former employer of hers, and

(b)in the case of section 80BB, the person by reference to whom the condition in subsection (1)(c) of that section is satisfied and any employer or former employer of that person.]]

Textual Amendments