PART IIIPARENTAL LEAVE

When parental leave may be taken15

An employee may not exercise any entitlement to parental leave in respect of a child—

a

except in the cases referred to in paragraphs (b) to (d), after the date of the child’s fifth birthday;

b

in a case where the child is entitled to a disability living allowance, after the date of the child’s eighteenth birthday;

c

in a case where the child was placed with the employee for adoption by him (other than a case where paragraph (b) applies), after—

i

the fifth anniversary of the date on which the placement began, or

ii

the date of the child’s eighteenth birthday,

whichever is the earlier.

d

in a case where—

i

the provisions set out in Schedule 2 apply, and

ii

the employee would have taken leave on or before a date or anniversary referred to in paragraphs (a) to (c) but for the fact that the employer postponed it under paragraph 6 of that Schedule,

after the end of the period to which the leave was postponed.