The Additional Paternity Leave Regulations (Northern Ireland) 2010

Entitlement to additional paternity leave (adoption)

14.—(1) An employee (“P”) is entitled to be absent from work for the purpose of caring for a child (“C”) if—

(a) P satisfies the conditions specified in paragraph (2);

(b) P has complied with the requirements in regulation 16 and, where applicable, regulation 17; and

(c) C’s adopter (“A”) satisfies the conditions specified in paragraph (4) and has signed the adopter declaration referred to in regulation 16.

(2) The conditions referred to in paragraph (1)(a) are that P—

(a) has been continuously employed with an employer for a period of not less than 26 weeks ending with the relevant week;

(b) remains in continuous employment with that employer from the relevant week until the week before the first week of P’s additional paternity leave;

(c) is married to, or is the partner or civil partner of A; and

(d) has, or expects to have, the main responsibility (apart from the responsibility of A, or in a case where there are two adopters, together with A) for the upbringing of C.

(3) The references in paragraph (2) to the relevant week are to the week, beginning with Sunday, in which A was notified or, as the case may be, A and P jointly were notified of having been matched with C.

(4) The conditions referred to in paragraph (1)(c) are that A—

(a) is entitled by reference to the adoption of C to one or both of—

(i) adoption leave; or

(ii) statutory adoption pay; and

(b) has, or is treated as having, returned to work under regulation 25.

(5) P’s entitlement to leave under this regulation shall not be affected by the placement for adoption of more than one child as part of the same arrangement.