The Paternity Leave (Amendment) Regulations 2024

15.  After regulation 11, insert—

“Change in circumstances

11A.— (1) This regulation applies where an employee is otherwise entitled to paternity leave in respect of a child but a relevant event, as specified in paragraph (2), occurs.

(2) A relevant event as referred to in paragraph (1) occurs when—

(a) the employee is notified that the child will no longer be placed with the person with whom the child was to be placed for adoption, or

(b) the child—

(i) dies, or

(ii) is returned after being placed for adoption.

(3) In a case where this regulation applies, an employee is not entitled to be absent from work on paternity leave after the end of a period of eight weeks following the end of the relevant week specified in paragraph (4), except in the circumstances mentioned in paragraph (5).

(4) The relevant week referred to in paragraph (3) is—

(a) in a case falling within paragraph (2)(a), the week during which the person with whom the child was to be placed for adoption is notified that the placement will not be made;

(b) in a case falling within paragraph (2)(b)(i), the week during which the child dies;

(c) in a case falling within paragraph (2)(b)(ii), the week during which the child is returned.

(5) Where the employee has complied with the requirements in regulation 6 (notice and evidential requirements for leave under regulation 4 (birth)) or regulation 10 (notice and evidential requirements for leave under regulation 8 (adoption)), as the case may be, the employee will remain entitled to any period of leave which has been specified in a notice given, before the day on which the relevant event occurs, under whichever of those regulations is relevant.

(6) Where paragraph (5) applies, no further notices may be served under regulation 6 or 10, other than a notice under regulation 6(5)(b) or 10(4)(b), as the case may be.

(7) In this regulation—

(a) “week” means the period of seven days beginning with Sunday;

(b) references to the death of a child are to be read, in relation to a child stillborn after twenty-four weeks of pregnancy, as references to the birth of the child.”.