The Employment (Northern Ireland) Order 2002
| Jurisdiction | UK Non-devolved |
| Citation | SI 2002/2836 |
| Year | 2002 |
2002 No. 2836 (N.I. 2)
NORTHERN IRELAND
The Employment (Northern Ireland) Order 2002
20thNovember 2002
ARRANGEMENT OF ORDER
Introductory
1. |
Title and commencement |
2. |
Interpretation |
Adoption leave and paternity leave
3. |
Adoption leave |
4. |
Paternity leave |
Statutory paternity pay and statutory adoption pay
5. |
Statutory paternity pay |
6. |
Statutory adoption pay |
7. |
Financial arrangements |
8. |
Funding of employers' liabilities |
9. |
Regulations about payment |
10. |
Decisions and appeals |
11. |
Power to require information |
12. |
Penalties: failures to comply |
13. |
Penalties: fraud, etc. |
Maternity leave
14. |
Rights during and after maternity leave |
15. |
Flexible working |
Supplementary
16. |
Regulations |
17. |
Amendments and revocations |
SCHEDULES
Schedule 1 |
Penalties: procedure and appeals |
Schedule 2 |
Amendments |
At the Court at Buckingham Palace, the 20th day of November 2002
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: -
Introductory
Title and commencement
1. - (1) This Order may be cited as the Employment (Northern Ireland) Order 2002.
(2) This Order shall come into operation on such day or days as the Department may by order appoint.
(3) An order under paragraph (2) may contain such transitional provisions and savings as the Department considers necessary or expedient in connection with the coming into operation of any of the provisions of this Order.
Interpretation
2. - (1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.
(2) In this Order -
"the Board" means the Commissioners of Inland Revenue;
"the Department" means the Department for Employment and Learning;
"employer" and "employee" have the same meanings as in Parts XIIZA and XIIZB of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7).
Adoption leave and paternity leave
Adoption leave
3. In Part IX of the Employment Rights (Northern Ireland) Order 1996 (N.I. 16), after Chapter I there shall be inserted -
" CHAPTER IA
ADOPTION LEAVE
Ordinary adoption leave
107A. - (1) An employee who satisfies prescribed conditions may be absent from work at any time during an ordinary adoption leave period.
(2) An ordinary adoption leave period is a period calculated in accordance with regulations made by the Department.
(3) Subject to Article 107C, an employee who exercises his right under paragraph (1) -
(a) is entitled, for such purposes and to such extent as may be prescribed, to the benefit of the terms and conditions of employment which would have applied if he had not been absent,(b) is bound, for such purposes and to such extent as may be prescribed, by any obligations arising under those terms and conditions (except in so far as they are inconsistent with paragraph (1)), and(c) is entitled to return from leave to a job of a prescribed kind.(4) In paragraph (3)(a) "terms and conditions of employment" -
(a) includes matters connected with an employee's employment whether or not they arise under his contract of employment, but(b) does not include terms and conditions about remuneration.(5) In paragraph (3 )(c), the reference to return from leave includes, where appropriate, a reference to a continuous period of absence attributable partly to ordinary adoption leave and partly to maternity leave.
(6) The Department may make regulations specifying matters which are, or, are not, to be treated as remuneration for the purposes of this Article.
(7) The Department may make regulations making provision, in relation to the right to return under paragraph (3)(c), about -
(a) seniority, pension rights and similar rights, and(b) terms and conditions of employment on return.Additional adoption leave
107B. - (1) An employee who satisfies prescribed conditions may be absent from work at any time during an additional adoption leave period.
(2) An additional adoption leave period is a period calculated in accordance with regulations made by the Department.
(3) Regulations under paragraph (2) may allow an employee to choose, subject to prescribed restrictions, the date on which an additional adoption leave period ends.
(4) Subject to Article 107C, an employee who exercises his right under paragraph (1) -
(a) is entitled, for such purposes and to such extent as may be . prescribed, to the benefit of the terms and conditions of employment which would have applied if he had not been absent,(b) is bound, for such purposes and to such extent as may be prescribed. by obligations arising under those terms and conditions ( except in so far as they are inconsistent with paragraph (1)), and(c) is entitled to return from leave to a job of a prescribed kind.(5) In paragraph (4)(a) "terms and conditions of employment" -
(a) includes matters connected with an employee's employment whether or not they arise under his contract of employment, but(b) does not include terms and conditions about remuneration.(6) In paragraph (4)(c), the reference to return from leave includes, where appropriate, a reference to a continuous period of absence attributable partly to additional adoption leave and partly to -
(a) maternity leave, or(b) ordinary adoption leave,or to both.
(7) The Department may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this Article.
(8) The Department may make regulations making provision, in relation to the right to return under paragraph (4)(c), about -
(a) seniority, pension rights and similar rights;(b) terms and conditions of employment on return.Redundancy and dismissal
107C. - (1) Regulations under Article 107 A or 107B may make provision about -
(a) redundancy, or(b) dismissal (other than by reason of redundancy)during an ordinary or additional adoption leave period.
(2) Regulations made by virtue of paragraph (1) may include
(a) provision requiring an employer to offer alternative employment;(b) provision for the consequences of failure to comply with 'die regulations, (which may include provision for a dismissal to be treated as unfair for 'die purposes of Part XI).(3) Regulations under Article 107A or 107B may make provision -
(a) for Article 107A(3)(c) or 107B(4)(c) not to apply in specified cases, and(b) about dismissal at the conclusion of an ordinary or additional adoption leave period.Chapter IA: supplemental
107D. - (1) Regulations under Article 107A or 107B may -
(a) make provision about notices to be given, evidence to be produced and other procedures to be followed by employees and employers;(b) make provision. requiring employers or employees to keep records(c) make provision for the consequences of failure to give notices, to produce evidence, to keep records or to comply with other procedural requirements;(d) make provision for the consequences of failure to act in accordance with a notice given by virtue of sub-paragraph (a);(e) make special provision for cases where an employee has a right which corresponds to a right under this Chapter and which arises under his contract of employment or otherwise;(f) make provision modifying the effect of Chapter IV of Part I (calculation of a week's pay) in relation to an employee who is or has been absent from work on ordinary or additional adoption leave;(g) make provision applying, modifying or excluding a statutory provision, in such circumstances as may be specified and subject to any conditions specified, in relation to a person entitled to ordinary or additional adoption leave.(2) In Articles 107A and 107B "prescribed" means prescribed by regulations made by the Department.".
Paternity leave
4. In Part IX of the Employment Rights (Northern Ireland) Order 1996 (N.I. 16) (maternity and parental leave) after Chapter there shall be inserted -
" CHAPTER III
PATERNITY LEAVE
Entitlement to paternity leave: birth
112A. - (1) The Department 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 Article 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 Article in respect of a child;(b) when leave under this Article may be taken.(3) Provision under paragraph (2)(a) shall secure that where an employee is entitled to leave under this Article in respect of a child he is, entitled to at least two weeks' leave.
(4) Provision under paragraph (2)(b) shall secure that leave under this Article 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 paragraph (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 Article 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 Article may be taken.(6) Where more than one. child is born as a result of the same pregnancy, the reference in paragraph (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 Article -
"newborn child" includes a child stillborn after twenty-four weeks of pregnancy;
"week" means any period of seven days.
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