Search Legislation

The Employment (Northern Ireland) Order 2002

Status:

This is the original version (as it was originally made).

Adoption leave

This section has no associated Explanatory Memorandum

3.  In Part IX of the Employment Rights (Northern Ireland) Order 1996 (N.I. 16), after Chapter I there shall be inserted—

CHAPTER IAADOPTION LEAVE

Ordinary adoption leave

107A.(1) An employee who satisfies prescribed conditions may be absent from work at any time during an ordinary adoption leave period.

(2) An ordinary adoption leave period is a period calculated in accordance with regulations made by the Department.

(3) Subject to Article 107C, an employee who exercises his right under paragraph (1)—

(a)is entitled, for such purposes and to such extent as may be prescribed, to the benefit of the terms and conditions of employment which would have applied if he had not been absent,

(b)is bound, for such purposes and to such extent as may be prescribed, by any obligations arising under those terms and conditions (except in so far as they are inconsistent with paragraph (1)), and

(c)is entitled to return from leave to a job of a prescribed kind.

(4) In paragraph (3)(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.

(5) In paragraph (3 )(c), the reference to return from leave includes, where appropriate, a reference to a continuous period of absence attributable partly to ordinary adoption leave and partly to maternity leave.

(6) The Department may make regulations specifying matters which are, or, are not, to be treated as remuneration for the purposes of this Article.

(7) The Department may make regulations making provision, in relation to the right to return under paragraph (3)(c), about—

(a)seniority, pension rights and similar rights, and

(b)terms and conditions of employment on return.

Additional adoption leave

107B.(1) An employee who satisfies prescribed conditions may be absent from work at any time during an additional adoption leave period.

(2) An additional adoption leave period is a period calculated in accordance with regulations made by the Department.

(3) Regulations under paragraph (2) may allow an employee to choose, subject to prescribed restrictions, the date on which an additional adoption leave period ends.

(4) Subject to Article 107C, an employee who exercises his right under paragraph (1)—

(a)is entitled, for such purposes and to such extent as may be . prescribed, to the benefit of the terms and conditions of employment which would have applied if he had not been absent,

(b)is bound, for such purposes and to such extent as may be prescribed. by obligations arising under those terms and conditions ( except in so far as they are inconsistent with paragraph (1)), and

(c)is entitled to return from leave to a job of a prescribed kind.

(5) In paragraph (4)(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) In paragraph (4)(c), the reference to return from leave includes, where appropriate, a reference to a continuous period of absence attributable partly to additional adoption leave and partly to—

(a)maternity leave, or

(b)ordinary adoption leave,

or to both.

(7) The Department may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this Article.

(8) The Department may make regulations making provision, in relation to the right to return under paragraph (4)(c), about—

(a)seniority, pension rights and similar rights;

(b)terms and conditions of employment on return.

Redundancy and dismissal

107C.(1) Regulations under Article 107 A or 107B may make provision about—

(a)redundancy, or

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

during an ordinary or additional adoption leave period.

(2) Regulations made 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 ‘die regulations, (which may include provision for a dismissal to be treated as unfair for ‘die purposes of Part XI).

(3) Regulations under Article 107A or 107B may make provision—

(a)for Article 107A(3)(c) or 107B(4)(c) not to apply in specified cases, and

(b)about dismissal at the conclusion of an ordinary or additional adoption leave period.

Chapter IA: supplemental

107D.(1) Regulations under Article 107A or 107B 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 this Chapter 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 ordinary or additional adoption leave;

(g)make provision applying, modifying or excluding a statutory provision, in such circumstances as may be specified and subject to any conditions specified, in relation to a person entitled to ordinary or additional adoption leave.

(2) In Articles 107A and 107B “prescribed” means prescribed by regulations made by the Department..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources