The Employment Rights (Northern Ireland) Order 1996 No. 1919 (NI. 16)

[F1 PART IX N.I.

F1 1999 NI 9

[F2 CHAPTER III N.I. PATERNITY LEAVE

F2 2002 NI 2

Entitlement to [F3 paternity leave] : birth N.I.

112A.— (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 newborn, or expected, child, and

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

to be absent from work on leave under this Article 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 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 birth.

[F4 (4A) Provision under paragraph (2)(b) must secure that, once an employee takes shared parental leave under Article 107E 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 the child's mother;

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

(6) Where more than one child is born as a result of the same pregnancy, the reference in paragraph (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 Article—

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

• “week” means any period of seven days.

[F5 (8) In this Article and Articles 112B, 112BA, 112BAA, 112C and 112E, “specified” means specified for the time being in regulations made under the Article concerned.]

F3 Words in art. 112A title substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(9)(a); S.R. 2015/86, art. 4(2)(c) (with art. 7(2))

F4 Art. 112A(4A) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 3(6), 23(1); S.R. 2015/86, art. 3(1)(c)

F5 Art. 112A(8) added (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(9)(b); S.R. 2015/86, art. 3(2)(d)

Modifications etc. (not altering text)

C1 Art. 112A 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. 112A 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

Entitlement to additional paternity leave: birth N.I.

F6 112AA.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 Art. 112AA repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 4, 23(1), Sch. 2; S.R. 2015/86, art. 4(1)(a)(3) (with art. 7(2))

Entitlement to [F7 paternity leave] : adoption N.I.

F8 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.

[F9 (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;

[F10 (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;

[F11 (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.

F7 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))

F8 mod. by SR 2003/220

F9 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)

F10 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)

F11 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)

C3 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

C4 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

[F12 Entitlement to paternity leave: prospective adopters with whom looked after children are placed N.I.

112BA— (1) Regulations made under Article 112B(1) are to include provision for leave in respect of a child who is looked after by an authority and who is to be, or is expected to be, placed by the authority under Article 27(2)(a) of the Children (Northern Ireland) Order 1995, in the circumstances mentioned in paragraph (2), with an approved foster parent who is also an approved prospective adopter.

(2) The circumstances are that—

(a) the authority—

(i) is considering adoption for the child, or

(ii) has decided by virtue of regulation 11 of the Adoption Agencies Regulations (Northern Ireland) 1989 that it is satisfied that adoption is in the best interests of the child, and

(b) such conditions as may be specified are satisfied.

(3) Regulations made under Article 112B(1) are to provide for Article 112B to have effect, in relation to provision made by virtue of paragraph (1), as if—

(a) references to a child being placed for adoption or placement for adoption were such references as may be specified,

(b) in paragraph (5), sub-paragraph (aa) were omitted.

(4) In this Article, “approved foster parent”, “approved prospective adopter”, “authority” and “child who is looked after by an authority” have the same meaning as in Article 107AB.]

F12 Art. 112BA inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 8(5), 23(1); S.R. 2015/86, art. 3(1)(f)

[F13 Power to apply Article 112B to other cases N.I.

112BAA   The Department may by regulations provide for Article 112B to have effect in relation to cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order, with such modifications as may be specified]

F13 Art. 112BAA inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 10(5), 23(1); S.R. 2015/86, art. 3(1)(h)

Entitlement to additional paternity leave: adoption N.I.

F6 112BB.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 Art. 112AA repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 4, 23(1), Sch. 2; S.R. 2015/86, art. 4(1)(a)(3) (with art. 7(2))

Rights during and after paternity leave N.I.

112C.— (1) Regulations under Article 112A F14 ... shall provide—

(a) that an employee who is absent on leave under that Article is entitled, for such purposes and to such extent as [F15 may be specified] , 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 Article is bound, for such purposes and to such extent as [F16 may be specified] , by obligations arising under those terms and conditions (except in so far as they are inconsistent with paragraph (1) of that Article), and

(c) that an employee who is absent, on leave under that Article is entitled to return from leave to a job of a kind [F17 that may be specified] , subject to Article 112D(1).

(2) The reference in paragraph (1)(c) to absence on leave under Article 112A F18 ... includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that Article and partly to any one or more of the following—

F19 (za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a) maternity leave,

(b) adoption leave, F20 ...

[F21 (ba) shared parental leave]

[F22 (bb) parental bereavement leave,], and

(c) parental leave.

(3) Paragraph (1) shall apply to regulations under Article 112B [F23 [F24 or 112BAA as it applies to regulations under Article 112A] .]

(4) In the application of paragraph (1)(c) to regulations under Article l12B [F25 or [F26 112BAA]] , the reference to absence on leave under that Article includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that Article and partly to anyone or more of the following—

F27 (za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a) maternity leave,

(b) adoption leave,

[F28 (ba) shared parental leave,]

[F29 (bb) parental bereavement leave,]

(c) parental leave, and

(d) leave under Article 112A F30 ... .

(5) In paragraph (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 [F31 Article 112A or 112B] may specify matters which are, or are not, to be treated as remuneration for the purposes of this Article.

(7) Regulations under [F32 Article 112A or 112B] may make provision, in relation to the right to return mentioned in paragraph (1)(c), about—

(a) seniority, pension rights and similar rights;

(b) terms and conditions of employment on return.

F14 Words in art. 112C(1) repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(a), Sch. 2; S.R. 2015/86, art. 4(2)(c)(3) (with art. 7(2))

F15 Words in art. 112C(1)(a) substituted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(b); S.R. 2015/86, art. 3(2)(d)

F16 Words in art. 112C(1)(b) substituted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(b); S.R. 2015/86, art. 3(2)(d)

F17 Words in art. 112C(1)(c) substituted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(c); S.R. 2015/86, art. 3(2)(d)

F18 Words in art. 112C(2) repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(d)(i), Sch. 2; S.R. 2015/86, art. 4(2)(c)(3) (with art. 7(2))

F19 Art. 112C(2)(za) repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(d)(ii), Sch. 2; S.R. 2015/86, art. 4(2)(c)(3) (with art. 7(2))

F20 Word in art. 112C(2) repealed (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(d)(iii), Sch. 2; S.R. 2015/86, art. 3(2)(d)(3)

F21 Art. 112C(2)(ba) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(d)(iv); S.R. 2015/86, art. 3(2)(d)

F22 Art. 112C(2)(bb) inserted (23.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), ss. 4, 5(5)(6), Sch. Pt. 1 para. 20(2); S.R. 2022/136, arts. 2, 3

F23 Words in art. 112C(3) substituted (9.9.2010) by Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)), arts. 1(3), 7(4); S.R. 2010/295, art. 2(a)

F24 Words in art. 112C(3) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(e); S.R. 2015/86, art. 4(2)(c) (with art. 7(2))

F25 Words in art. 112C(4) inserted (9.9.2010) by Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)), arts. 1(3), 7(5)(a); S.R. 2010/295, art. 2(a)

F26 Word in art. 112C(4) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(f)(i); S.R. 2015/86, art. 4(2)(c) (with art. 7(2))

F27 Art. 112C(4)(za) repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(f)(ii), Sch. 2; S.R. 2015/86, art. 4(2)(c)(3) (with art. 7(2))

F28 Art. 112C(4)(ba) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(f)(iii); S.R. 2015/86, art. 3(2)(d)

F29 Art. 112C(4)(bb) inserted (23.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), ss. 4, 5(5)(6), Sch. Pt. 1 para. 20(3); S.R. 2022/136, arts. 2, 3

F30 Words in art. 112C(4)(d) repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(f)(iv), Sch. 2; S.R. 2015/86, art. 4(2)(c)(3) (with art. 7(2))

F31 Words in art. 112C(6) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(g); S.R. 2015/86, art. 4(2)(c) (with art. 7(2))

F32 Words in art. 112C(7) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(h); S.R. 2015/86, art. 4(2)(c) (with art. 7(2))

Special cases N.I.

112D.— (1) Regulations under Article [F33 112A or 112B] may make provision about—

(a) redundancy, or

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

during a period of leave under that Article.

(2) Provision by virtue of paragraph (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 XI).

F33 Words in art. 112D(1) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(12); S.R. 2015/86, art. 4(2)(c) (with art. 7(2))

Chapter III: supplemental N.I.

112E.— [F34 (1)] Regulations under [F35 Article 112A or 112B] 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 sub-paragraph (a);

(e) make special provision for cases where an employee has a right which corresponds to a right under [F35 Article 112A or 112B] and which arises under his contract of employment or otherwise;

(f) make provision modifying the effect of Chapter IV of Part I (calculation of a week's pay) in relation to an employee who is or has been absent from work on leave under [F35 Article 112A or 112B] ;

(g) make provision applying, modifying or excluding a statutory provision, 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 [F35 Article 112A or 112B] .

F36 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

F34 Art. 112E renumbered (9.9.2010) as art. 112E(1) by Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)), arts. 1(3), 13(1), Sch. 1 para. 37(3); S.R. 2010/295, art. 2(b)(c)

F35 Words in art. 112E(1) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(13)(a); S.R. 2015/86, art. 4(2)(c) (with art. 7(2))

F36 Art. 112E(2) repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(13)(b), Sch. 2; S.R. 2015/86, art. 4(2)(c)(3) (with art. 7(2))