Paternity and Adoption Leave Regulations 2002
The Paternity and Adoption Leave Regulations 2002 (SI 2002/2788) are a statutory instrument concerning UK labour law. They confer on fathers a bare right to two weeks leave, paid at £128.73 in 2011, for the purpose of looking after children.
Contents
The Paternity and Adoption Leave Regulations 2002 regulations 5-14 concern paternity rights, regulations 16-27 concern adoption, and 28-31 contain provisions which apply to both kinds of leave.
- r 4 expected date of birth;
- r 5 leave must be taken between the date of birth and 56 days later
- r 6 up to two consecutive weeks leave for paternity at the low rate of maternity pay
- r 8 paternity leave must be taken for the purposes of caring for a child or supporting the child’s mother or adopter
- r 10 notice requirements for paternity
- r 12 contract subsists
- r 13 right to return to the same job after a period of leave, so long as no more than 4 weeks parental leave has been taken as well
- r 14 same seniority, pensions and other rights as if not absent
- rr 15-20 period of adoption leave equivalent to maternity for the primary carer of the child
- r 17 notice before the expected date of placement
- r 20 provision for non-placement or death of a child
- r 28, no detriment for wanting to take or taking paternity or adoption leave, as under ERA 1996 s 47C
- r 29, under ERA 1996 s 99, employee will be regarded as unfairly dismissed if the principal reason was about paternity or adoption leave.
- r 30, one has to choose between paternity leave and adoption leave, but cannot choose both.
- r 31, pay is calculated as the average amount in the 12 weeks before the leave.
See also
Sources on child care |
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| | | | | | | | | | | Boyle v EOC [1998] ECR I-6401 ( C-411/96) | | | | | | | | | | | | | | | | | | |
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- Child care in the United Kingdom
- Tax Credits and Child tax credit, Working tax credit
- Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 (SI 2002/2822) composed of regulations 1 to 47, with regulations 21 to 30 about adoption, set out the requirements to be entitled to pay.
- Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002 (SI 2002/2818) rr 2 and 3, the same low maternity rate of [£128.73] applies for paternity and adoption.
Notes
References
External links
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