The Additional Paternity Leave (Adoptions from Overseas) Regulations (Northern Ireland) 2010

Entitlement to additional paternity leave (adoptions from overseas)

4.—(1) An employee (“P”) is entitled to be absent from work for the purpose of caring for a child (“C”) if—

(a) P satisfies the conditions specified in paragraph (2);

(b) P has complied with the requirements in regulation 6 and, where applicable, regulation 7; and

(c) C’s adopter (“A”) satisfies the conditions specified in paragraph (4) and has signed the adopter declaration referred to in regulation 6.

(2) The conditions referred to in paragraph (1)(a) are that P—

(a) has, before C entered Northern Ireland, been continuously employed with P’s employer (“E”) for a period of not less than 26 weeks either—

(i) ending with the week official notification was sent to A; or

(ii) commencing with the week in which P’s employment with E began;

(b) remains in continuous employment with E until the week before the first week of P’s additional paternity leave;

(c) is married to, or is the civil partner or the partner of A; and

(d) has, or expects to have, the main responsibility (apart from the responsibility of A) for the upbringing of C.

(3) In paragraph (2)(a)(i) and (ii), “week” means the period of seven days beginning with Sunday.

(4) The conditions referred to in paragraph (1)(c) are that A—

(a) is entitled by reference to the adoption of C to one or both of—

(i) adoption leave, or

(ii) Statutory Adoption Pay, and

(b) has, or is treated as having, returned to work under regulation 15.

(5) P’s entitlement to leave under this section shall not be affected by the adoption from overseas of more than one child by the adopter as part of the same arrangement.