F2[F1 76 Entitlement to parental leave.E+W+S
(1)The Secretary of State shall make regulations entitling an employee who satisfies specified conditions—
(a)as to duration of employment, and
(b)as to having, or expecting to have, responsibility for a child,
to be absent from work on parental leave for the purpose of caring for a child.
(2)The regulations shall include provision for determining—
(a)the extent of an employee’s entitlement to parental leave in respect of a child;
(b)when parental leave may be taken.
(3)Provision under subsection (2)(a) shall secure that where an employee is entitled to parental leave in respect of a child he is entitled to a period or total period of leave of at least three months; but this subsection is without prejudice to any provision which may be made by the regulations for cases in which—
(a)a person ceases to satisfy conditions under subsection (1);
(b)an entitlement to parental leave is transferred.
(4)Provision under subsection (2)(b) may, in particular, refer to—
(a)a child’s age, or
(b)a specified period of time starting from a specified event.
(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;
(b)require parental leave to be taken as a single period of absence in all cases or in specified cases;
(c)require parental leave to be taken as a series of periods of absence in all cases or in specified cases;
(d)require all or specified parts of a period of parental leave to be taken at or by specified times;
(e)make provision about the postponement by an employer of a period of parental leave which an employee wishes to take;
(f)specify a minimum or maximum period of absence which may be taken as part of a period of parental leave.
(g)specify a maximum aggregate of periods of parental leave which may be taken during a specified period of time.]
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)
F2Pt. VIII (ss. 71-80) substituted for Pt. VIII (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. I; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 para. 10)