108.—(1) The Department 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 paragraph (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 paragraph is without prejudice to any provision which may be made by regulations for cases in which—
(a)a person ceases to satisfy conditions under paragraph (1);
(b)an entitlement to parental leave is transferred.
(4) Provision under paragraph (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 paragraph (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.
[F2(6) In this Article and Article 110(4) and (5), “specified” means specified for the time being in regulations made under this Article.]]
F2Art. 108(6) added (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(7); S.R. 2015/86, art. 3(2)(d)