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The Employment Rights (Northern Ireland) Order 1996

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The Employment Rights (Northern Ireland) Order 1996, CHAPTER III is up to date with all changes known to be in force on or before 22 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[F2CHAPTER IIIF35N.I.PATERNITY LEAVE

F35functions transfered SR 1999/481

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

Entitlement to [F3paternity leave] : birthN.I.

112A.(1) The Department shall make regulations entitling an employee who satisfies specified conditions—

(a)as to duration of employment,

(b)as to relationship with a newborn, or expected, child, and

(c)as to relationship with the child's mother,

to be absent from work on leave under this Article for the purpose of caring for the child or supporting the mother.

(2) The regulations shall include provision for determining—

(a)the extent of an employee' s entitlement to leave under this Article in respect of a child;

(b)when leave under this Article may be taken.

(3) Provision under paragraph (2)(a) shall secure that where an employee is entitled to leave under this Article in respect of a child he is entitled to at least two weeks' leave.

(4) Provision under paragraph (2)(b) shall secure that leave under this Article must be taken before the end of a period of at least 56 days beginning with the date of the child's birth.

[F4(4A) Provision under paragraph (2)(b) must secure that, once an employee takes shared parental leave under Article 107E in respect of a child, the employee may not take leave under this Article in respect of the child.]

(5) Regulations under paragraph (1) may—

(a)specify things which are, or are not, to be taken as done for the purpose of caring for a child or supporting the child's mother;

(b)make provision excluding the right to be absent on leave under this Article in respect of a child where more than one child is born as a result of the same pregnancy;

(c)make provision about how leave under this Article may be taken.

(6) Where more than one child is born as a result of the same pregnancy, the reference in paragraph (4) to the date of the child's birth shall be read as a reference to the date of birth of the first child born as a result of the pregnancy.

(7) In this Article—

  • “newborn child” includes a child stillborn after twenty-four weeks of pregnancy;

  • “week” means any period of seven days.

[F5(8) In this Article and Articles 112B, 112BA, 112BAA, 112C and 112E, “specified” means specified for the time being in regulations made under the Article concerned.]

Entitlement to additional paternity leave: birthN.I.

F6112AA.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Entitlement to [F7paternity leave] : adoptionN.I.

F8112B .(1) The Department shall make regulations entitling an employee who satisfies specified conditions—

(a)as to duration of employment,

(b)as to relationship with a child placed, or expected to be placed, for adoption under the law of any part of the United Kingdom, and

(c)as to relationship with a person with whom the child is, or is expected to be, so placed for adoption,

to be absent from work on leave under this Article for the purpose of caring for the child or supporting the person by reference to whom he satisfies the condition under sub-paragraph (c).

(2) The regulations shall include provision for determining—

(a)the extent of an employee's entitlement to leave under this Article in respect of a child;

(b)when leave under this Article may be taken.

(3) Provision under paragraph (2)(a) shall secure that where an employee is entitled to leave under this Article in respect of a child he is entitled to at least two weeks' leave.

(4) Provision under paragraph (2)(b) shall secure that leave under this Article must be taken before the end of a period of at least 56 days beginning with the date of the child's placement for adoption.

[F9(4A) Provision under paragraph (2)(b) must secure that, once an employee takes shared parental leave under Article 107G in respect of a child, the employee may not take leave under this Article in respect of the child.]

(5) Regulations under paragraph (1) may—

(a)specify things which are, or are not, to be taken as done for the purpose of caring for a child or supporting a person with whom a child is placed for adoption;

[F10(aa)make provision excluding the right to be absent on leave under this Article in the case of an employee who, by virtue of provision under Article 112BA(1), has already exercised a right to be absent on leave under this Article in connection with the same child;]

(b)make provision excluding the right to be absent on leave under this Article in the case of an employee who exercises a right to be absent from work on adoption leave;

[F11(ba)make provision excluding the right to be absent on leave under this Article in the case of an employee who has exercised a right to take time off under Article 85ZJ;]

(c)make provision excluding the right to be absent on leave under this Article in respect of a child where more than one child is placed for adoption as part of the same arrangement;

(d)make provision about how leave under this Article may be taken.

(6) Where more than one child is placed for adoption as part of the same arrangement, the reference in paragraph (4) to the date of the child's placement shall be read as a reference to the date of placement of the first child to be placed as part of the arrangement.

(7) In this Article, “week” means any period of seven days.

(8) The Department may by regulations provide for this Article to have effect in relation to cases which involve adoption, but not the placement of a child for adoption under the law of any part of the United Kingdom, with such modifications as the regulations may prescribe.

[F12Entitlement to paternity leave: prospective adopters with whom looked after children are placedN.I.

112BA(1) Regulations made under Article 112B(1) are to include provision for leave in respect of a child who is looked after by an authority and who is to be, or is expected to be, placed by the authority under Article 27(2)(a) of the Children (Northern Ireland) Order 1995, in the circumstances mentioned in paragraph (2), with an approved foster parent who is also an approved prospective adopter.

(2) The circumstances are that—

(a)the authority—

(i)is considering adoption for the child, or

(ii)has decided by virtue of regulation 11 of the Adoption Agencies Regulations (Northern Ireland) 1989 that it is satisfied that adoption is in the best interests of the child, and

(b)such conditions as may be specified are satisfied.

(3) Regulations made under Article 112B(1) are to provide for Article 112B to have effect, in relation to provision made by virtue of paragraph (1), as if—

(a)references to a child being placed for adoption or placement for adoption were such references as may be specified,

(b)in paragraph (5), sub-paragraph (aa) were omitted.

(4) In this Article, “approved foster parent”, “approved prospective adopter”, “authority” and “child who is looked after by an authority” have the same meaning as in Article 107AB.]

[F13Power to apply Article 112B to other casesN.I.

112BAA  The Department may by regulations provide for Article 112B to have effect in relation to cases which involve an employee who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order, with such modifications as may be specified]

Entitlement to additional paternity leave: adoptionN.I.

F6112BB.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rights during and after paternity leaveN.I.

112C.(1) Regulations under Article 112A F14... shall provide—

(a)that an employee who is absent on leave under that Article is entitled, for such purposes and to such extent as [F15may be specified] , to the benefit of the terms and conditions of employment which would have applied if he had not been absent;

(b)that an employee who is absent on leave under that Article is bound, for such purposes and to such extent as [F16may be specified] , by obligations arising under those terms and conditions (except in so far as they are inconsistent with paragraph (1) of that Article), and

(c)that an employee who is absent, on leave under that Article is entitled to return from leave to a job of a kind [F17that may be specified] , subject to Article 112D(1).

(2) The reference in paragraph (1)(c) to absence on leave under Article 112A F18... includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that Article and partly to any one or more of the following—

F19(za). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)maternity leave,

(b)adoption leave, F20...

[F21(ba)shared parental leave, and]

(c)parental leave.

(3) Paragraph (1) shall apply to regulations under Article 112B [F22[F23or 112BAA as it applies to regulations under Article 112A] .]

(4) In the application of paragraph (1)(c) to regulations under Article l12B [F24or [F25112BAA]] , the reference to absence on leave under that Article includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that Article and partly to anyone or more of the following—

F26(za). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)maternity leave,

(b)adoption leave,

[F27(ba)shared parental leave,]

(c)parental leave, and

(d)leave under Article 112A F28... .

(5) In paragraph (1)(a), “terms and conditions of employment”

(a)includes matters connected with an employee's employment whether or not they arise under his contract of employment, but

(b)does not include terms and conditions about remuneration.

(6) Regulations under [F29Article 112A or 112B] may specify matters which are, or are not, to be treated as remuneration for the purposes of this Article.

(7) Regulations under [F30Article 112A or 112B] may make provision, in relation to the right to return mentioned in paragraph (1)(c), about—

(a)seniority, pension rights and similar rights;

(b)terms and conditions of employment on return.

Special casesN.I.

112D.(1) Regulations under Article [F31112A or 112B] may make provision about—

(a)redundancy, or

(b)dismissal (other than by reason of redundancy),

during a period of leave under that Article.

(2) Provision by virtue of paragraph (1) may include—

(a)provision requiring an employer to offer alternative employment;

(b)provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part XI).

Chapter III: supplementalN.I.

112E.[F32(1)] Regulations under [F33Article 112A or 112B] may—

(a)make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers;

(b)make provision requiring employers or employees to keep records;

(c)make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;

(d)make provision for the consequences of failure to act in accordance with a notice given by virtue of sub-paragraph (a);

(e)make special provision for cases where an employee has a right which corresponds to a right under [F33Article 112A or 112B] and which arises under his contract of employment or otherwise;

(f)make provision modifying the effect of Chapter IV of Part I (calculation of a week's pay) in relation to an employee who is or has been absent from work on leave under [F33Article 112A or 112B] ;

(g)make provision applying, modifying or excluding a statutory provision, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under [F33Article 112A or 112B] .

F34(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

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