[F1[F2Ordinary adoption leaveN.I.
107A.—(1) An employee who satisfies prescribed conditions may be absent from work at any time during an ordinary adoption leave period.
[F3(1A) The conditions that may be prescribed under paragraph (1) include the condition mentioned in Article 107AB.]
(2) An ordinary adoption leave period is a period calculated in accordance with regulations made by the Department.
[F4(2A) Regulations under paragraph (2)[F5—
(a)may allow an employee to bring forward the date on which an ordinary adoption leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions,
(b)may allow an employee in prescribed circumstances to revoke, or to be treated as revoking, the bringing forward of that date,]
[F6(c)]may specify circumstances in which an employee may work for his employer during an ordinary adoption leave period without bringing the period to an end.]
[F7(2B) Provision under paragraph (2A)(a) is to secure that an employee may bring forward the date on which an ordinary adoption leave period ends only if the employee or another person has taken, or is taking, prescribed steps as regards shared parental leave under Article 107G or statutory shared parental pay in respect of the child.]
(3) Subject to Article 107C, an employee who exercises his right under paragraph (1)—
(a)is entitled, for such purposes and to such extent as may be prescribed, to the benefit of the terms and conditions of employment which would have applied if he had not been absent,
(b)is bound, for such purposes and to such extent as may be prescribed, by any obligations arising under those terms and conditions (except in so far as they are inconsistent with paragraph (1)), and
(c)is entitled to return from leave to a job of a prescribed kind.
(4) In paragraph (3)(a) “terms and conditions of employment”
(a)includes matters connected with an employee's employment whether or not they arise under his contract of employment, but
(b)does not include terms and conditions about remuneration.
(5) In paragraph (3)(c), the reference to return from leave includes, where appropriate, a reference to a continuous period of absence attributable partly to ordinary adoption leave and partly to maternity leave.
(6) The Department may make regulations specifying matters which are, or, are not, to be treated as remuneration for the purposes of this Article.
(7) The Department may make regulations making provision, in relation to the right to return under paragraph (3)(c), about—
(a)seniority, pension rights and similar rights, and
(b)terms and conditions of employment on return.]]
F3Art. 107A(1A) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 8(2), 23(1); S.R. 2015/86, art. 3(1)(f)
F4Art. 107A(2A) inserted (1.9.2006) by Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)), arts. 1(3), 13(1), Sch. 1 para. 32; S.R. 2006/344, art. 2(b)(c)
F5Art. 107A(2A)(a)(b) and preceding punctuation mark inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 3(4)(a), 23(1); S.R. 2015/86, art. 3(1)(c)
F6Words in art. 107A(2A) renumbered as art. 107A(2A)(c) (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 3(4)(b), 23(1); S.R. 2015/86, art. 3(1)(c)
F7Art. 107A(2B) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 3(4)(c), 23(1); S.R. 2015/86, art. 3(1)(c)
Modifications etc. (not altering text)
C1Art. 107A applied (15.3.2015) by The Employment Rights (Northern Ireland) Order 1996 (Application of Articles 107A, 107B, 107G, 107I, 112A and 112B to Parental Order Cases) Regulations (Northern Ireland) 2015 (S.R. 2015/100), regs. 1(1), 2
C2Art. 107A amendment to earlier affecting provision S.R. 2015/100, reg. 2 (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 12