The Shared Parental Leave Regulations (Northern Ireland) 2015

Entitlement of adopter’s partner to shared parental leave in the event of death of adopter before curtailment

6.—(1) Where before AP has given a notice under regulation 25 A dies—

(a) without curtailing A’s statutory adoption leave under Article 107A(2A) or 107B(3) of the 1996 Order; or

(b) before the end of the adoption pay period and without curtailing that period under section 167ZN(2A) of the 1992 Act,

sub-paragraph (2) applies in relation to the entitlement of AP to shared parental leave.

(2) The provisions of the Regulations apply in respect of any period after A dies with the modifications specified in heads (a) to (l)—

(a) a person is to be regarded as falling within the definition of AP in regulation 3(1) if that person fell within that definition immediately before A died;

(b) regulation 21(2)(d) does not have effect;

(c) in regulation 21(3)(a) for “A satisfies” substitute “immediately before A’s death A satisfied”;

(d) in regulation 21(3)(c) for “A is entitled” substitute “immediately before A’s death, A was entitled”;

(e) regulation 21(3)(d) does not have effect;

(f) in regulation 22—

(i) for paragraph (1) substitute—

“(1) Where A was entitled to statutory adoption leave, subject to paragraph (9), the total amount of shared parental leave available in relation to C is 52 weeks less the number of weeks of statutory adoption leave taken by A before A died.”;

(ii) for paragraph (2) substitute—

“(2) Where A was not entitled to statutory adoption leave, but was entitled to statutory adoption pay, subject to paragraph (10), the total amount of shared parental leave available in relation to C is 52 weeks less the number of weeks of statutory adoption pay payable to A before A died.”;

(g) in regulation 25(2)(g) for “and A each intend” substitute “intends”;

(h) in regulation 25(2) after sub-paragraph (h) insert—

“(i) the date of A’s death.”;

(i) regulation 25(3)(b) is omitted;

(j) regulation 26 is omitted;

(k) regulation 27(3)(d) is omitted;

(l) where under regulation 25 or 28 a notice is required to be given not less than eight weeks before a start date and it is not reasonably practicable for AP to satisfy that requirement, the notice may be given as soon as is reasonably practicable after the death of A and before the start date of the leave. The modification of regulation 28 applies only to the first notice given under regulation 28 following the death of A.