Maternity and Parental Leave etc. (Amendment) Regulations (Northern Ireland) 2002 (revoked)

Regulations made by the Department for Employment and Learning and laid before the Assembly under Article 251(1A) of the Employment Rights (Northern Ireland) Order 1996, for approval by resolution of the Assembly before the expiration of 6 months from the date of their coming into operation

Statutory Rules of Northern Ireland

2002 No. 110

EMPLOYMENT

Maternity and Parental Leave etc. (Amendment) Regulations (Northern Ireland) 2002 (revoked)F1

Made

14th March 2002

Approved by resolution of the Assembly

Coming into operation

21st April 2002

F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regulations revoked (21.4.2002) by Maternity and Parental Leave etc. (Amendment No. 2) Regulations (Northern Ireland) 2002 (S.R. 2002/135), regs. 1, 3

Citation and commencement N.I.

1.  These Regulations may be cited as the Maternity and Parental Leave etc. (Amendment) Regulations (Northern Ireland) 2002 and shall come into operation on 21st April 2002.

Commencement Information

I1 Reg. 1 in operation at 21.4.2002, see reg. 1

Interpretation N.I.

2.  In these Regulations, “the principal Regulations” means the Maternity and Parental Leave etc. Regulations (Northern Ireland) 1999(1).

Commencement Information

I2 Reg. 2 in operation at 21.4.2002, see reg. 1

Amendment of the principal Regulations N.I.

3.  The principal Regulations shall be amended in accordance with regulations 4 to 7.

Commencement Information

I3 Reg. 3 in operation at 21.4.2002, see reg. 1

4.  In regulation 13 (entitlement to parental leave)—

(a) in paragraph (1)(a), after the words “employed for a period of not less than one year”, insert “or is to be treated as having been so employed by virtue of paragraph (1A)”;

(b) after paragraph (1), insert—

“(1A) If, in a case where regulation 15(2) or (3) applies—

(a) the employee was employed, during the period between 15th December 1998 and 21st April 2002 both dates inclusive, by a person other than the person who was his employer on 21st April 2002, and

(b) the period of his employment by that person (or, if he was employed by more than one person during that period, any such person) was not less than a year,

then, for the purposes of paragraph (1), he shall be treated as having been continuously employed for a period of not less than a year.”;

(c) omit regulation 13(3).

Commencement Information

I4 Reg. 4 in operation at 21.4.2002, see reg. 1

5.  In regulation 14 (extent of entitlement)—

(a) in paragraph (1) for “An employee is entitled” substitute “Except in the case referred to in paragraph (1A), an employee is entitled”;

(b) after paragraph (1), insert—

“(1A) An employee is entitled to eighteen weeks' leave in respect of a child who is entitled to a disability living allowance.”.

Commencement Information

I5 Reg. 5 in operation at 21.4.2002, see reg. 1

6.  For regulation 15 (when parental leave may be taken) substitute—

“15.— (1) Except in the cases referred to in paragraphs (2) to (4), an employee may not exercise any entitlement to parental leave in respect of a child after the date of the child’s fifth birthday or, in the case of a child placed with the employee for adoption by him, after—

(a) the fifth anniversary of the date on which the placement began, or

(b) the date of the child’s eighteenth birthday,

whichever is the earlier.

(2) In the case of a child—

(a) born before 15th December 1999, whose fifth birthday was or is on or after that date, or

(b) placed with the employee for adoption by him before 15th December 1999, the fifth anniversary of whose placement was or is on or after that date,

not being a case to which paragraph (3) or (4) applies, any entitlement to parental leave may not be exercised after 20th July 2005.

(3) In the case of a child who is entitled to a disability living allowance, any entitlement to parental leave may not be exercised after the date of the child’s eighteenth birthday.

(4) In a case where—

(a) the provisions set out in Schedule 2 apply, and

(b) the employee was unable to take leave in respect of a child within the time permitted in the case of that child under paragraphs (1) or (2) because the employer postponed the period of leave under paragraph 6 of that Schedule,

the entitlement to leave is exercisable until the end of the period to which the leave was postponed.”.

Commencement Information

I6 Reg. 6 in operation at 21.4.2002, see reg. 1

7.  In Schedule 2 (default provisions in respect of parental leave)—

(a) after paragraph 2, insert—

“2A.   Where regulation 13(1A) applies, and the employee’s entitlement to parental leave arises out of a period of employment by a person other than the person who was his employer on 21st April 2002, the employee may not exercise the entitlement unless he has given his employer notice of that period of employment, and provided him with such evidence of it as the employer may reasonably require.”;

(b) in paragraph 4(b) for the words “thirteen weeks” there shall be substituted “21 days”;

(c) in paragraph 6(c)—

(i) in sub-paragraph (i), omit “and”;

(ii) in sub-paragraph (ii), at the end, insert “and”, and

(iii) after sub-paragraph (ii) insert—

“(iii) ending on or before the date of the child’s eighteenth birthday;”.

Commencement Information

I7 Reg. 7 in operation at 21.4.2002, see reg. 1

Sealed with the Official Seal of the Department for Employment and Learning on 14th March 2002.

L.S.

R. B. Gamble

A senior officer of the

Department for Employment and Learning

(1)

S.R. 1999 No. 471