[F1Entitlement to request a contract variation [F2to care for a child]E+W+S
3.—(1) An employee is entitled to make an application to his employer for a contract variation [F3to enable him, in accordance with section 80F(1)(b)(i) of the 1996 Act, to care for a child] if he—
(a)has been continuously employed for a period of not less than 26 weeks;
[F4(b)is either—
(i)the mother, father, adopter, guardian, special guardian, foster parent or private foster carer of, or a person in whose favour a residence order is in force in respect of, the child [F5or a person named in a child arrangements order as a person with whom the child is to live]; or
(ii)married to, the civil partner of or the partner of—
(aa)the child’s mother, father, adopter, guardian, special guardian, foster parent or private foster carer, or
(bb)a person in whose favour a residence order is in force in respect of the child;
[F6(cc)a person named in a child arrangements order as a person with whom the child is to live]]
(c)has, or expects to have responsibility for the upbringing of the child.
F7(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1Regulations revoked (with saving) (30.6.2014) by The Flexible Working Regulations 2014 (S.I. 2014/1398), reg. 2(2)
F2Words in reg. 3 heading inserted (6.4.2007) by The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006 (S.I. 2006/3314), regs. 1, 4(2)
F3Words in reg. 3(1) inserted (6.4.2007) by The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006 (S.I. 2006/3314), regs. 1, 4(3)
F4Reg. 3(1)(b) substituted (1.10.2007) by The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) (No. 2) Regulations 2007 (S.I. 2007/2286), regs. 1, 4
F5Words in reg. 3(1)(b)(i) inserted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 9(3)
F6Reg. 3(1)(b)(ii)(cc) inserted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 9(4)
F7Reg. 3(2) omitted (6.4.2007) by virtue of The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006 (S.I. 2006/3314), regs. 1, 4(5)
Commencement Information