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The Work and Families (Northern Ireland) Order 2006

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This is the original version (as it was originally made).

Additional paternity leave: adoption

This section has no associated Explanatory Memorandum

6.  After Article 112B of the Employment Rights Order insert—

Entitlement to additional paternity leave: adoption

112BB.(1) 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 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 so placed for adoption (“the adopter”),

to be absent from work on leave under this Article for the purpose of caring for the child, at a time when the adopter satisfies any conditions prescribed under paragraph (2).

(2) The conditions that may be prescribed under this paragraph are conditions relating to any one or more of the following—

(a)any employment or self-employment of the adopter;

(b)the adopter’s entitlement (or lack of entitlement) to leave under this Part or to statutory adoption pay;

(c)whether, and to what extent, the adopter is exercising or has exercised any such entitlement.

(3) Any regulations under this Article 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.

(4) Provision under paragraph (3)(a) shall secure that an employee is not entitled to more than 26 weeks' leave in respect of a child.

(5) Provision under paragraph (3)(b) shall secure that leave under this Article—

(a)may not be taken before the end of a specified period beginning with the date of the child’s placement for adoption, but

(b)must be taken before the end of the period of twelve months beginning with that date.

(6) Paragraphs (4) and (5)(a) do not limit the provision that may be made under paragraph (3) in relation to cases where the adopter has died before the end of the period mentioned in paragraph (5)(b).

(7) 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;

(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;

(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)specify a minimum period which may be taken as leave under this Article;

(e)make provision about how leave under this Article may be taken;

(f)specify circumstances in which an employee may work for his employer during a period of leave under this Article without bringing the period of leave to an end.

(8) Where more than one child is placed for adoption as part of the same arrangement, the reference in paragraph (5) 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.

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

(10) 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..

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