http://www.legislation.gov.uk/id/uksi/2014/3052

http://www.legislation.gov.uk/uksi/2014/3052/regulation/9/made

The Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations 2014

King's Printer of Acts of Parliament

2015-07-06

TERMS AND CONDITIONS OF EMPLOYMENT

These Regulations allow women entitled to ordinary maternity leave under section 71 of the Employment Rights Act 1996 and additional maternity leave under section 73 of that Act (“statutory maternity leave”) to curtail that leave to enable them or their spouse, civil partner or partner (“partner”) to take shared parental leave provided for by section 75E of the Employment Rights Act 1996. They also allow persons who are entitled to ordinary adoption leave under section 75A of the Employment Rights Act 1996 and additional adoption leave under section 75B of that Act (“statutory adoption leave”), to curtail that leave to enable them or their partner to take shared parental leave provided for by section 75G of that Act. The right to curtail statutory adoption leave extends to local authority foster parents (that is persons approved in accordance with regulations made by virtue of paragraph 12F of the Children Act 1989) with whom a child has been placed by a local authority in accordance with section 22C of that Act, following consideration in accordance with section 22C(9B)(c) of that Act. The Maternity and Parental Leave etc Regulations 1999 (S.I. 1999/3312) determine entitlement to statutory maternity leave; the Paternity and Adoption Leave Regulations 2002 (S.I. 2002/2788) determine entitlement to statutory adoption leave; the Paternity and Adoption Leave (Amendment)(No.2) Regulations 2014 (S.I. 2014/[ ]) extend adoption leave to local authority foster parents with whom a child has been placed by a local authority in accordance with section 22C of the Children Act 1989, following consideration in accordance with section 22C(9B)(c) of that Act and the Shared Parental Leave Regulations 2014 (S.I. 2014/[ ]) determine entitlement to shared parental leave.

The Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations 2014

Regulations

The Shared Parental Leave and Paternity and Adoption Leave (Adoptions from Overseas) Regulations 2014

reg. 3-6

reg. 1

The Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations 2014

Regulations

The Paternity, Adoption and Shared Parental Leave (Parental Order Cases) Regulations 2014

reg. 4

reg. 1

The Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations 2014

Regulations

The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018

Sch. 2

para. 9

art. 1(1)

The Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations 2014

PART 3CURTAILMENT OF STATUTORY ADOPTION LEAVE

Entitlement to curtail statutory adoption leave9

1

A may bring forward the date on which A’s ordinary adoption leave period16 or additional adoption leave period17 ends by giving A’s employer a leave curtailment notice and either—

a

a notice of entitlement; or

b

a declaration of consent and entitlement.

2

A must give A’s employer the leave curtailment notice at the same time as A gives the employer either a notice of entitlement or a declaration of consent and entitlement.

3

If A has an entitlement to statutory adoption leave in relation to C with more than one employer, A must curtail the ordinary adoption leave period or additional adoption leave period in accordance with paragraphs (1) and (2) with each of those employers at the same time.

4

A’s obligation in paragraph (3) does not apply in relation to any employer with which A has returned to work on or before the date on which A gives notices in accordance with paragraphs (1) and (2).