Search Legislation

Maternity and Parental Leave etc. (Amendment No. 2) Regulations (Northern Ireland) 2002

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation and commencement

1.  These Regulations may be cited as the Maternity and Parental Leave etc. (Amendment No. 2) Regulations (Northern Ireland) 2002 and shall come into operation on 21st April 2002.

Interpretation

2.  In these Regulations, “the principal Regulations” means the Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999(1).

Revocation

3.  The Maternity and Parental Leave etc. (Amendment) Regulations (Northern Ireland) 2002(2) are hereby revoked.

Amendment of the principal Regulations

4.  The principal Regulations shall be amended in accordance with regulations 5 to 8.

5.  In regulation 13 (entitlement to parental leave)—

(a)in paragraph (1)(a), after the words “employed for a period of not less than a year”, insert “or is to be treated as having been so employed by virtue of paragraph (1A)”;

(b)after paragraph (1), insert—

(1A) If, in a case where regulation 15(2) or (3) applies—

(a)the employee was employed, during the period between 15th December 1998 and 20th April 2002 both dates inclusive, by a person other than the person who was his employer on 21st April 2002, and

(b)the period of his employment by that person (or, if he was employed by more than one person during that period, any such person) was not less than a year,

then, for the purposes of paragraph (1), he shall be treated as having been continuously employed for a period of not less than a year.;

(c)omit regulation 13(3).

6.  In regulation 14 (extent of entitlement)—

(a)in paragraph (1) for “An employee is entitled” substitute “Except in the case referred to in paragraph (1A), an employee is entitled”;

(b)after paragraph (1), insert—

(1A) An employee is entitled to eighteen weeks' leave in respect of a child who is entitled to a disability living allowance..

7.  For regulation 15 (when parental leave may be taken) substitute—

15.(1) Except in the cases referred to in paragraphs (2) to (4), an employee may not exercise any entitlement to parental leave in respect of a child after the date of the child’s fifth birthday or, in the case of a child placed with the employee for adoption by him, after—

(a)the fifth anniversary of the date on which the placement began, or

(b)the date of the child’s eighteenth birthday,

whichever is the earlier.

(2) In the case of a child—

(a)born before 15th December 1999, whose fifth birthday was or is on or after that date, or

(b)placed with the employee for adoption by him before 15th December 1999, the fifth anniversary of whose placement was or is on or after that date,

not being a case to which paragraph (3) or (4) applies, any entitlement to parental leave may not be exercised after 20th July 2005.

(3) In the case of a child who is entitled to a disability living allowance, any entitlement to parental leave may not be exercised after the date of the child’s eighteenth birthday.

(4) In a case where—

(a)the provisions set out in Schedule 2 apply, and

(b)the employee was unable to take leave in respect of a child within the time permitted in the case of that child under paragraphs (1) or (2) because the employer postponed the period of leave under paragraph 6 of that Schedule,

the entitlement to leave is exercisable until the end of the period to which the leave was postponed..

8.  In Schedule 2 (default provisions in respect of parental leave)—

(a)after paragraph 2, insert—

2A.  Where regulation 13(1A) applies, and the employee’s entitlement to parental leave arises out of a period of employment by a person other than the person who was his employer on 21st April 2002, the employee may not exercise the entitlement unless he has given his employer notice of that period of employment, and provided him with such evidence of it as the employer may reasonably require.;

(b)in paragraph 4(b) for the words “thirteen weeks” there shall be substituted “21 days”;

(c)in paragraph 6(c)—

(i)in sub-paragraph (i), omit “and”;

(ii)in sub-paragraph (ii), at the end, insert “and”, and

(iii)after sub-paragraph (ii) insert—

(iii)ending on or before the date of the child’s eighteenth birthday;.

Sealed with the Official Seal of the Department for Employment and Learning on 5th April 2002.

L.S.

R. B. Gamble

A senior officer of the

Department for Employment and Learning

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

Opening Options

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

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