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The Additional Paternity Leave Regulations 2010

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Additional Paternity Leave Regulations 2010 No. 1055

Notice and evidential requirements for leave under regulation 4

This sectionnoteType=Explanatory Memorandum has no associated

6.  (1)    P must, not less than eight weeks before the start date chosen by P for the period of leave, give P’s employer (“E”)—

(a)a leave notice;

(b)an employee declaration; and

(c)a mother declaration.

(2) In this regulation—

(a)“a leave notice” means a written notice specifying—

(i)the week which was C’s expected week of birth;

(ii)C’s date of birth;

(iii)the dates P has chosen in accordance with regulation 5 as the start date and end date for the period of leave.

(b)“an employee declaration” means a written declaration signed by P, stating—

(i)that the purpose of the period of leave will be to care for C, and

(ii)that P satisfies the conditions in regulation 4(2)(c) and (d).

(c)“mother declaration” means a written declaration by M stating—

(i)M’s name and address;

(ii)the date M intends to return to work (within the meaning of regulation 25);

(iii)M’s National Insurance number;

(iv)that P satisfies the conditions in regulation 4(2)(c) and (d);

(v)that P is to M’s knowledge the only person exercising the entitlement to additional paternity leave in respect of C; and

(vi)that M consents to E processing such of M’s information as is contained in the declaration.

(3) Where E makes a request within 28 days of receiving P’s leave notice, P must, within 28 days of E’s request, give E such of the following as E may request—

(a)a copy of C’s birth certificate; and

(b)the name and address of M’s employer (or, if M is self-employed, M’s business address).

(4) After giving leave notice, P must give E written notice (“withdrawal notice”) as soon as reasonably practicable if—

(a)P no longer satisfies the conditions in regulation 4(2)(c) or (d); or

(b)M no longer satisfies the conditions in regulation 4(5).

(5) E may require P to take a period of leave where—

(a)P has given E withdrawal notice less than six weeks before the start date specified in P’s leave notice or, where applicable, last varied in accordance with regulation 7, and

(b)it is not reasonably practicable for E to accommodate the change in P’s arrangements.

(6) Leave that E may require P to take under paragraph (5)—

(a)shall be treated as additional paternity leave for the purpose of these Regulations;

(b)shall start on the start date specified in P’s leave notice, or, where applicable, last varied in accordance with regulation 7; and

(c)shall end no later than—

(i)six weeks after the date on which withdrawal notice was given to E, or

(ii)the end date specified in P’s leave notice or, where applicable, last varied in accordance with regulation 7,

whichever is the earlier.

(7) E may require P to remain on leave where—

(a)P has given E withdrawal notice after P’s period of additional paternity leave has begun, and

(b)it is not reasonably practicable for E to accommodate the change in P’s arrangements.

(8) The period for which E may require P to remain on leave under paragraph (7)—

(a)shall end no later than the earlier of—

(i)six weeks after the date on which P gave E withdrawal notice, or

(ii)the end date specified in P’s leave notice or, where applicable, last varied in accordance with regulation 7; and

(b)shall be treated as additional paternity leave for the purpose of these Regulations.

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