PART IIPATERNITY LEAVE

Options in respect of leave under regulation 45

1

An employee may choose to take either one week’s leave or two consecutive weeks' leave in respect of a child under regulation 4.

2

The leave may only be taken during the period which begins with the date on which the child is born and ends–

a

except in the case referred to in sub-paragraph (b), 56 days after that date;

b

in a case where the child is born before the first day of the expected week of its birth, 56 days after that day.

3

Subject to paragraph (2) and, where applicable, paragraph (4), an employee may choose to begin his period of leave on–

a

the date on which the child is born;

b

the date falling such number of days after the date on which the child is born as the employee may specify in a notice under regulation 6, or

c

a predetermined date, specified in a notice under that regulation, which is later than the first day of the expected week of the child’s birth.

4

In a case where the leave is in respect of a child whose expected week of birth begins before 6th April 2003, an employee may choose to begin a period of leave only on a predetermined date, specified in a notice under regulation 6, which is at least 28 days after the date on which that notice is given.