The Employment (Northern Ireland) Order 2002

4.—(1) In Article 2(3) (definitions) insert at the appropriate place—

““paternity leave” means leave under Article 112A or 112B,”.

(2) In Article 2(3) in the definition of “week” for “Article 118” substitute “Articles 112A, 112B and 118”.

(3) In Article 21 (definition of calculation date for the purposes of the calculation of a week’s pay in relation to cases connected with rights during employment), at the end insert—

“(6) Where the calculation is for the purposes of Article 112I, the calculation date is the day on which the application under Article 112F was made.”.

(4) In Article 23(1) (maximum amount of week’s pay) before sub-paragraph (a) insert—

“(za) an award of compensation under Article 112I(1)(b),”.

(5) In Article 59(1) (meaning of “wages”), after sub-paragraph (c) insert—

“(ca) statutory paternity pay under Part XllZA of that Act,

(cb) statutory adoption pay under Part XllZB of that Act,”.

(6) In Article 70C (leave for family and domestic reasons) after sub-paragraph (b) of paragraph (2) insert—

“(ba) ordinary or additional adoption leave,”.

(7) In Article 70C for “or” at the end of sub-paragraph (c) of paragraph (2) substitute—

“(ca) paternity leave, or”.

(8) In Article 71(1) (right to present complaint of detriment to industrial tribunal), for “or 70C” substitute “, 70C or 70D”.

(9) In Article 110 (parental leave: special cases), in paragraph (6), for the words from “to maternity” to the end substitute—

“to parental leave and partly to—

(a) maternity leave, or

(b) adoption leave,

or to both.”

(10) In Article 120 (pay during notice period: employments with normal working hours) in paragraph ( I )(c ), for “parental leave” substitute “adoption leave, -parental leave or paternity leave” and in paragraph (2), after “statutory maternity pay,” insert “paternity pay, statutory patemity pay, adoption pay, statutory adoption pay,”.

(11) In Article 121 (pay during notice period: employments without normal working hours) in paragraph (3)(b), for “parental leave” substitute “adoption leave, parental leave or paternity leave” and in paragraph (4), after “statutory maternity pay,” insert “paternity pay, statutory paternity pay, adoption pay, statutory adoption pay,”.

(12) In Article 124 (right to written statement of reasons for dismissal), in paragraphs (2) and (3) for “paragraph (4)” substitute “paragraphs (4) and (4A)”, and after paragraph ( 4) insert—

“(4A) An employee who is dismissed while absent from work during an ordinary or additional adoption leave period is entitled to a written statement under this Article without having to request it and irrespective of whether he has been continuously employed for any period if he is dismissed in circumstances in which that period ends by reason of the dismissal.”

(13) In Article 131 (unfair dismissal: leave for family reasons) after sub-paragraph (b) of paragraph (3) insert—

“(ba) ordinary or additional adoption leave,”.

(l4) In Article 131 for “or” .at the end of sub-paragraph (c) of paragraph (3) substitute—

“(ca) paternity leave, or”.

(15) In Article 138 (dismissal of replacement employees), in paragraph (2)(a), after “childbirth,” insert “or on adoption leave”.

(16) In Article 236(2) (provisions of the Order which have effect in relation to Crown employment), in sub-paragraph (a) for “IX” substitute “IXA,”.

(17) In Article 237(2) (provisions of the Order which have effect in relation to service as a member of the armed forces) in sub-paragraph (e) after “134” insert “, 135C”.

(18) In Article 242 (application of the Order to mariners) in paragraphs (2) and (8)(d) for “and IX” substitute “, IX and IXA”

(19) In Article 251(1A) (procedure for making regulations) after “105,” insert “107A, 107B,” and after “108,” insert “112A, 112B, 112G,”.