Statutory Rule 2002 No. 110

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

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© Crown Copyright 2002

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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

     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.".

     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.".

     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;".

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

[2] S.I. 1996/1919 (N.I. 16); Article 108 was substituted by, and Article 251(1A) was inserted by, Schedule 4 to the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9))back

[3] S.R. 1999 No. 471back