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The Paternity and Adoption Leave Regulations 2002
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- UK Statutory Instruments
- 2002 No. 2788
- PART 2
- Regulation 8
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Entitlement to paternity leave: adoptionE+W+S
8.—(1) [F1Subject to paragraph (1A), an] employee is entitled to be absent from work for the purpose of caring for a child or supporting the child’s adopter if he—
(a)satisfies the conditions specified in paragraph (2), and
(b)has complied with the notice requirements in regulation 10 and, where applicable, the evidential requirements in that regulation.
[F2(1A) An employee is not entitled to be absent from work under paragraph (1) if the employee–
(a)has taken any shared parental leave in respect of the child; F3...
(b)has exercised a right to take time off under section 57ZJ of the 1996 Act in respect of the child [F4; or
(c)has already taken paternity leave in relation to the child as a result of the child being placed with a prospective adopter who is at the time of the placement the employee’s spouse, civil partner or partner.]]
(2) The conditions referred to in paragraph (1) are that the employee—
(a)has been continuously employed for a period of not less than 26 weeks ending with the week in which the child’s adopter is notified of having been matched with the child;
(b)is either married to [F5, the civil partner] or the partner of the child’s adopter, and
(c)has, or expects to have, the main responsibility (apart from the responsibility of the adopter) for the upbringing of the child.
(3) In paragraph (2)(a), “week” means the period of seven days beginning with Sunday.
(4) An employee shall be treated as having satisfied the condition in paragraph (2)(b) if he would have satisfied it but for the fact that the child’s adopter died during the child’s placement.
(5) An employee shall be treated as having satisfied the condition in paragraph (2)(c) if he would have satisfied it but for the fact that the child’s placement with the adopter has ended.
(6) An employee’s entitlement to leave under this regulation shall not be affected by the placement for adoption of more than one child as part of the same arrangement.
Textual Amendments
F1Words in reg. 8(1) substituted (1.12.2014) by The Paternity and Adoption Leave (Amendment) Regulations 2014 (S.I. 2014/2112), regs. 1(3), 5(a)
F2Reg. 8(1A) inserted (1.12.2014 for specified purposes, 5.4.2015 in so far as not already in force) by The Paternity and Adoption Leave (Amendment) Regulations 2014 (S.I. 2014/2112), regs. 1(3)(4), 5(b)
F3Word in reg. 8(1A) omitted (5.4.2015) by virtue of The Paternity and Adoption Leave (Amendment) (No. 2) Regulations 2014 (S.I. 2014/3206), regs. 1, 5(2)(a) (with reg. 2)
F4Reg. 8(1A)(c) and preceding word inserted (5.4.2015) by The Paternity and Adoption Leave (Amendment) (No. 2) Regulations 2014 (S.I. 2014/3206), regs. 1, 5(2)(b) (with reg. 2)
F5Words in reg. 8(2)(b) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 2(17), reg. 1, Sch. 17 para. 1(3)
Commencement Information
I1Reg. 8 in force at 8.12.2002, see reg. 1
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