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The Employment Rights (Northern Ireland) Order 1996
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The Employment Rights (Northern Ireland) Order 1996, Section 108 is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Pt. 7A inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 1
- Ch. 5 inserted by 2022 c. 27 (N.I.) s. 1(1)
- art. 21(4B) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 2
- art. 23(1)(zza) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 3
- art. 70F inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 4
- art. 70G inserted by 2020 c. 7 Sch. 7 para. 20
- art. 71(1C) inserted by 2020 c. 7 Sch. 7 para. 21(a)
- art. 72(8) inserted by 2020 c. 7 Sch. 7 para. 22(b)
- art. 85ZS(3)(a)-(c) substituted for words by 2022 c. 18 (N.I.) Sch. 3 para. 47(4)
- art. 95F(5A) inserted by 2016 c. 15 (N.I.) Sch. 2 para. 32
- art. 135E inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 6
- art. 135G inserted by 2020 c. 7 Sch. 7 para. 25
- art. 137(6D) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 7
- art. 137(7N) inserted by 2020 c. 7 Sch. 7 para. 26(b)
- art. 140(3)(fj) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 8
- art. 140(3)(fl) inserted by 2020 c. 7 Sch. 7 para. 27
- art. 143(2)(ddd) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 9
- art. 144(2)(ddd) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 10
[F1Entitlement to parental leaveN.I.
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)
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