The Additional Paternity Leave Regulations (Northern Ireland) 2010

Notice and evidential requirements for leave under regulation 14

16.—(1) P must, not less than eight weeks before the start date chosen by P for the period of leave, give P’s employer (“E”)—

(a) a leave notice;

(b) an employee declaration; and

(c) an adopter declaration.

(2) In this regulation—

(a) “a leave notice” means a written notice specifying—

(i) the date on which A was notified or, as the case may be, A and P jointly were notified of having been matched with C;

(ii) the date on which C was placed with A or, as the case may be, with A and P jointly;

(iii) the dates which P has chosen in accordance with regulation 15 as the start date and end date for the period of leave.

(b) “an employee declaration” means a written declaration signed by P, stating—

(i) that the purpose of the period of leave will be to care for C; and

(ii) that P satisfies the conditions in regulation 14(2)(c) and (d).

(c) “an adopter declaration” means a written declaration by A stating—

(i) A’s name and address;

(ii) the date A intends to return to work (within the meaning of regulation 25);

(iii) A’s National Insurance number;

(iv) that P satisfies the conditions in regulation 14(2)(c); and

(v) that A consents to E processing such of A’s information as is contained in the declaration.

(3) Where E makes a request within 28 days of receiving P’s leave notice, P must, within 28 days of E’s request, give E such of the following as E may request—

(a) evidence, in the form of one or more documents issued by the adoption agency that matched A or, as the case may be, A and P jointly with C, of—

(i) the name and address of the agency;

(ii) the date on which A was notified or, as the case may be, A and P jointly were notified that they had been matched with C;

(iii) the date given by the agency as that on which it expected to place C for adoption with A or, as the case may be, with A and P jointly; and

(b) the name and address of A’s employer (or, if A is self-employed, A’s business address).

(4) After giving leave notice, P must give E written notice (“withdrawal notice”) as soon as reasonably practicable if—

(a) P no longer satisfies the conditions in regulation 14(2)(c) or (d);

(b) A no longer satisfies the conditions in regulation 14(4).

(5) E may require P to take a period of leave where—

(a) P has given E withdrawal notice less than six weeks before the start date specified in P’s leave notice, or, where applicable, last varied in accordance with regulation 17, and

(b) it is not reasonably practicable for E to accommodate the change in P’s arrangements.

(6) Leave that E may require P to take under paragraph (5)—

(a) shall be treated as additional paternity leave for the purpose of these Regulations;

(b) shall start on the start date specified by P in P’s leave notice, or last varied in accordance with regulation 17; and

(c) shall end no later than—

(i) six weeks after the date on which withdrawal notice was given to E, or

(ii) the end date specified in P’s leave notice, or, where applicable, last varied in accordance with regulation 17,

whichever is the earlier.

(7) E may require P to remain on leave where—

(a) P has given E withdrawal notice after P’s period of additional paternity leave has begun, and

(b) it is not reasonably practicable for E to accommodate the change in P’s arrangements.

(8) The period for which E may require P to remain on leave under paragraph (7)—

(a) shall end no later than the earlier of—

(i) six weeks after the date on which P gave E withdrawal notice, or

(ii) the end date specified in P’s leave notice or, where applicable, last varied in accordance with regulation 17, and

(b) shall be treated as additional paternity leave for the purpose of these Regulations.