The Paternity and Adoption Leave Regulations 2002

Notice and evidential requirements for ordinary adoption leave E+W+S

17.—(1) An employee must give his employer notice of his intention to take ordinary adoption leave in respect of a child, specifying—

(a) the date on which the child is expected to be placed with him for adoption, and

(b) the date on which, in accordance with regulation 16(1) or (2), the employee has chosen that his period of leave should begin.

(2) The notice provided for in paragraph (1) must be given to the employer—

(a) no more than seven days after the date on which the employee is notified of having been matched with the child for the purposes of adoption, or

(b) in a case where it was not reasonably practicable for the employee to give notice in accordance with sub-paragraph (a), as soon as is reasonably practicable.

(3) Where the employer requests it, an employee must also provide his employer with evidence, in the form of one or more documents issued by the adoption agency that matched the employee with the child, of—

(a) the name and address of the agency;

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the date on which the employee was notified that he had been matched with the child, and

(d) the date on which the agency expects to place the child with the employee.

(4) An employee who has given notice under paragraph (1) may vary the date he has chosen as the date on which his period of leave will begin, subject to paragraph (5) and provided that he gives his employer notice of the variation—

(a) where the variation is to provide for the employee’s period of leave to begin on the date on which the child is placed with him for adoption, at least 28 days before the date specified in his notice under paragraph (1) as the date on which the child is expected to be placed with him;

(b) where the variation is to provide for the employee’s period of leave to begin on a predetermined date (or a different predetermined date), at least 28 days before that date,

or, if it is not reasonably practicable to give the notice 28 days before whichever date is relevant, as soon as is reasonably practicable.

(5) In a case where regulation 16(2) applies, an employee may only vary the date which he has chosen as the date on which his period of leave will begin by substituting a different predetermined date.

(6) Notice under paragraph (1) or (4) shall be given in writing, if the employer so requests.

(7) An employer who is given notice under paragraph (1) or (4) of the date on which an employee has chosen that his period of ordinary adoption leave should begin shall notify the employee, within 28 days of his receipt of the notice, of the date on which the period of additional adoption leave to which the employee will be entitled (if he satisfies the conditions in regulation 20(1)) after his period of ordinary adoption leave ends.

(8) The notification provided for in paragraph (7) shall be given to the employee—

(a) where the employer is given notice under paragraph (1), within 28 days of the date on which he received that notice;

(b) where the employer is given notice under paragraph (4), within 28 days of the date on which the employee’s ordinary adoption leave period began.

Textual Amendments

F1 Reg. 17(3)(b) omitted (6.4.2004) by virtue of The Paternity and Adoption Leave (Amendment) Regulations 2004 (S.I. 2004/923), regs. 1(1), 3

Commencement Information

I1 Reg. 17 in force at 8.12.2002, see reg. 1