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.