F1Part VIII

Annotations:
Amendments (Textual)
F1

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)

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.