F1Part VIII
Chapter 3Paternity leave
80A Entitlement to paternity leave: birth
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.
Pt. 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)