F1PART IX

Annotations:
Amendments (Textual)

CHAPTER IIPARENTAL LEAVE

Entitlement to parental leave108

1

The Department shall make regulations entitling an employee who satisfies specified conditions—

a

as to duration of employment, and

b

as to having, or expecting to have, responsibility for a child,

to be absent from work on parental leave for the purpose of caring for a child.

2

The regulations shall include provision for determining—

a

the extent of an employee's entitlement to parental leave in respect of a child;

b

when parental leave may be taken.

3

Provision under paragraph (2)(a) shall secure that where an employee is entitled to parental leave in respect of a child he is entitled to a period or total period of leave of at least three months; but this paragraph is without prejudice to any provision which may be made by regulations for cases in which—

a

a person ceases to satisfy conditions under paragraph (1);

b

an entitlement to parental leave is transferred.

4

Provision under paragraph (2)(b) may, in particular, refer to—

a

a child's age, or

b

a specified period of time starting from a specified event.

5

Regulations under paragraph (1) may—

a

specify things which are, or are not, to be taken as done for the purpose of caring for a child;

b

require parental leave to be taken as a single period of absence in all cases or in specified cases;

c

require parental leave to be taken as a series of periods of absence in all cases or in specified cases;

d

require all or specified parts of a period of parental leave to be taken at or by specified times;

e

make provision about the postponement by an employer of a period of parental leave which an employee wishes to take;

f

specify a minimum or maximum period of absence which may be taken as part of a period of parental leave;

g

specify a maximum aggregate of periods of parental leave which may be taken during a specified period of time.

F26

In this Article and Article 110(4) and (5), “specified” means specified for the time being in regulations made under this Article.