The Maternity and Parental Leave etc. Regulations 1999

When parental leave may be taken

15.  An employee may not exercise any entitlement to parental leave in respect of a child—

(a) except in the cases referred to in paragraphs (b) to (d), after the date of the child’s fifth birthday;

(b) in a case where the child is entitled to a disability living allowance, after the date of the child’s eighteenth birthday;

(c) in a case where the child was placed with the employee for adoption by him (other than a case where paragraph (b) applies), after—

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

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

whichever is the earlier.

(d) in a case where—

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

(ii) the employee would have taken leave on or before a date or anniversary referred to in paragraphs (a) to (c) but for the fact that the employer postponed it under paragraph 6 of that Schedule,

after the end of the period to which the leave was postponed.