Employment Act 2002
| Jurisdiction | UK Non-devolved |
| Citation | 2002 c. 22 |
| Year | 2002 |
2002 CHAPTER 22
An Act to make provision for statutory rights to paternity and adoption leave and pay; to amend the law relating to statutory maternity leave and pay; to amend the Employment Tribunals Act 1996; to make provision for the use of statutory procedures in relation to employment disputes; to amend the law relating to particulars of employment; to make provision about compromise agreements; to make provision for questionnaires in relation to equal pay; to make provision in connection with trade union learning representatives; to amend section 110 of the Employment Rights Act 1996; to make provision about fixed-term work; to make provision about flexible working; to amend the law relating to maternity allowance; to make provision for work-focused interviews for partners of benefit claimants; to make provision about the use of information for, or relating to, employment and training; and for connected purposes.
[8th July 2002]
Be it enacted
by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
In Part 8 of the Employment Rights Act 1996 (c. 18) (which makes provision for maternity and parental leave), after Chapter 2 there is inserted—
(Chapter 3)
Paternity leave
(80A)
Entitlement to paternity leave: birth
(1)
The Secretary of State shall make regulations entitling an employee who satisfies specified conditions—
(a)
as to duration of employment,
(b)
as to relationship with a newborn, or expected, child, and
(c)
as to relationship with the child’s mother,
to be absent from work on leave under this section for the purpose of caring for the child or supporting the mother.
(2)
The regulations shall include provision for determining—
(a)
the extent of an employee’s entitlement to leave under this section in respect of a child;
(b)
when leave under this section may be taken.
(3)
Provision under subsection (2)(a) shall secure that where an employee is entitled to leave under this section in respect of a child he is entitled to at least two weeks’ leave.
(4)
Provision under subsection (2)(b) shall secure that leave under this section must be taken before the end of a period of at least 56 days beginning with the date of the child’s birth.
(5)
Regulations under subsection (1) may—
(a)
specify things which are, or are not, to be taken as done for the purpose of caring for a child or supporting the child’s mother;
(b)
make provision excluding the right to be absent on leave under this section in respect of a child where more than one child is born as a result of the same pregnancy;
(c)
make provision about how leave under this section may be taken.
(6)
Where more than one child is born as a result of the same pregnancy, the reference in subsection (4) to the date of the child’s birth shall be read as a reference to the date of birth of the first child born as a result of the pregnancy.
(7)
In this section—
“
newborn child
” includes a child stillborn after twenty-four weeks of pregnancy;
“
week
” means any period of seven days.
(80B)
Entitlement to paternity leave: adoption
(1)
The Secretary of State shall make regulations entitling an employee who satisfies specified conditions—
(a)
as to duration of employment,
(b)
as to relationship with a child placed, or expected to be placed, for adoption under the law of any part of the United Kingdom, and
(c)
as to relationship with a person with whom the child is, or is expected to be, so placed for adoption,
to be absent from work on leave under this section for the purpose of caring for the child or supporting the person by reference to whom he satisfies the condition under paragraph (c).
(2)
The regulations shall include provision for determining—
(a)
the extent of an employee’s entitlement to leave under this section in respect of a child;
(b)
when leave under this section may be taken.
(3)
Provision under subsection (2)(a) shall secure that where an employee is entitled to leave under this section in respect of a child he is entitled to at least two weeks’ leave.
(4)
Provision under subsection (2)(b) shall secure that leave under this section must be taken before the end of a period of at least 56 days beginning with the date of the child’s placement for adoption.
(5)
Regulations...
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