PART 3ENTITLEMENT TO SHARED PARENTAL LEAVE (ADOPTION)
CHAPTER 1Entitlement to leave – general
Adopter's partner's entitlement to shared parental leave21
1
AP is entitled to be absent from work to take shared parental leave in accordance with Chapter 2 to care for C if AP satisfies the conditions specified in paragraph (2) and A satisfies the conditions specified in paragraph (3).
2
The conditions are that—
a
AP satisfies the continuity of employment test (see regulation 35);
b
AP has, at the date of the placement for adoption of C, the main responsibility for the care of C (apart from the responsibility of A);
c
AP has complied with regulation 25 (notice to employer of entitlement to shared parental leave);
d
AP has complied with regulation 26(3) and (4) (evidence for employer); and
e
AP has given a period of leave notice in accordance with regulation 28.
3
The conditions are that—
a
A satisfies the employment and earnings test (see regulation 36);
b
A has, at the date of the placement for adoption of C, the main responsibility for the care of C (apart from the responsibility of AP);
c
A is entitled to statutory adoption leave or statutory adoption pay in respect of C; and
d
where—
i
A is entitled to statutory adoption leave, A has ended any entitlement to statutory adoption leave by curtailing that leave under Article 107A(2A) or 107B(3)(a) of the 1996 Order (and that leave remains curtailed) or, where A has not curtailed in that way, A has returned to work before the end of the statutory adoption leave, or
ii
where A is not entitled to statutory adoption leave but is entitled to statutory adoption pay, A has curtailed the adoption pay period under section 167ZN(2A) of the 1992 Act M1 (and that period remains curtailed).
4
The entitlement under paragraph (1) is not affected by the number of children placed for adoption through a single placement.