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The Employment Rights (Northern Ireland) Order 1996

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The Employment Rights (Northern Ireland) Order 1996, Section 107E is up to date with all changes known to be in force on or before 17 August 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1[F2Entitlement to shared parental leave: birthF3N.I.

107E(1) The Department may make regulations entitling an employee who satisfies specified conditions—

(a)as to duration of employment,

(b)as to being, or expecting to be, the mother of a child,

(c)as to caring or intending to care, with another person (“P”), for the child,

(d)as to entitlement to maternity leave,

(e)as to the exercise of that entitlement and the extent of any such exercise,

(f)as to giving notice of an intention to exercise an entitlement to leave under this paragraph, and

(g)as to the consent of P to the amount of leave under this paragraph that the employee intends to take,

to be absent from work on leave under this paragraph for the purpose of caring for the child.

(2) Regulations under paragraph (1) may provide that the employee's entitlement is subject to the satisfaction by P of specified conditions—

(a)as to employment or self-employment,

(b)as to having earnings of a specified amount for a specified period,

(c)as to caring or intending to care, with the employee, for the child, and

(d)as to relationship with the child or the employee.

(3) Provision under paragraph (1)(f) may require the employee to give notice to the employer about—

(a)the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of P to exercise an entitlement to leave under paragraph (4) or to statutory shared parental pay),

(b)how much of the entitlement to leave the employee intends to exercise,

(c)the extent to which P intends to exercise an entitlement to leave under paragraph (4) or to statutory shared parental pay.

(4) The Department may make regulations entitling an employee who satisfies specified conditions—

(a)as to duration of employment,

(b)as to relationship with a child or expected child or with the child's mother,

(c)as to caring or intending to care, with the child's mother, for the child,

(d)as to giving notice of an intention to exercise an entitlement to leave under this paragraph, and

(e)as to the consent of the child's mother to the amount of leave under this paragraph that the employee intends to take,

to be absent from work on leave under this paragraph for the purpose of caring for the child.

(5) Regulations under paragraph (4) may provide that the employee's entitlement is subject to the satisfaction by the child's mother of specified conditions—

(a)as to employment or self-employment,

(b)as to having earnings of a specified amount for a specified period,

(c)as to caring or intending to care, with the employee, for the child,

(d)as to entitlement (or lack of entitlement) to maternity leave, statutory maternity pay or maternity allowance, and

(e)as to the exercise of any such entitlement and the extent of any such exercise.

(6) Provision under paragraph (4)(d) may require the employee to give notice to the employer about—

(a)the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of the child's mother to exercise an entitlement to leave under paragraph (1) or to statutory shared parental pay),

(b)how much of the entitlement to leave the employee intends to exercise,

(c)the extent to which the child's mother intends to exercise an entitlement to leave under paragraph (1) or to statutory shared parental pay.

(7) In this Article and Articles 107F to 107K and 107M, “specified” means specified for the time being in regulations made under the Article concerned.]]

F3functions transfered SR 1999/481

Non-textual amendments applied to the whole Legislation can be found in the Introduction

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