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Parental Leave Discussion Assignment

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Parental Leave Discussion Assignment

INSTRUCTIONS

PARENTAL LEAVE

 

Citation and commencement

These Regulations may be cited as the Maternity and Parental Leave etc. Regulations 1999 and shall come into force on 15th December 1999.

 

Entitlement to parental leave

(1) An employee who—

(a)has been continuously employed for a period of not less than a year; and

(b)has, or expects to have, responsibility for a child,

is entitled, in accordance with these Regulations, to be absent from work on parental leave for the purpose of caring for that child.

(2) An employee has responsibility for a child, if—

(a)he has parental responsibility or, in Scotland, parental responsibilities for the child; or

(b)he has been registered as the child’s father under any provision of section 10(1) or 10A(1) of the Births and Deaths Registration Act 1953  or of section 18(1) or (2) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965

(3) An employee is not entitled to parental leave in respect of a child born before 15th December 1999, except for a child who is adopted by the employee, or placed with the employee for adoption by him, on or after that date. Parental Leave Discussion Assignment

 

Extent of entitlement

(1) An employee is entitled to thirteen weeks’ leave in respect of any individual child.

(2) Where the period for which an employee is normally required, under his contract of employment, to work in the course of a week does not vary, a week’s leave for the employee is a period of absence from work which is equal in duration to the period for which he is normally required to work.

(3) Where the period for which an employee is normally required, under his contract of employment, to work in the course of a week varies from week to week or over a longer period, or where he is normally required under his contract to work in some weeks but not in others, a week’s leave for the employee is a period of absence from work which is equal in duration to the period calculated by dividing the total of the periods for which he is normally required to work in a year by 52.

(4) Where an employee takes leave in periods shorter than the period which constitutes, for him, a week’s leave is applicable in his case, he completes a week’s leave when the aggregate of the periods of leave he has taken equals the period constituting a week’s leave for him under the applicable paragraph.

 

When parental leave may be taken

An employee may not exercise any entitlement to parental leave in respect of a child—

(a)might be after the date of the child’s fifth birthday;

(b)in a case where the child is entitled to a disability living allowance, after the date of the child’s eighteenth birthday;

(c)in a case where the child was placed with the employee for adoption by him, after—

(i)the fifth anniversary of the date on which the placement began, or

(ii)the date of the child’s eighteenth birthday,

whichever is the earlier.

(d)in a case where the employee would have taken leave on or before a date or anniversary

(c) but for the fact that the employer postponed it

after the end of the period to which the leave was postponed.

 

Default provisions in respect of parental leave

Apply in relation to parental leave in the case of an employee whose contract of employment does not include a provision which—

(a)confers an entitlement to absence from work for the purpose of caring for a child, and

(b)incorporates or operates by reference to all or part of a collective agreement or workforce agreement.

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