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Work and Families Act (Northern Ireland) 2015

Consolidated Text As Enacted Cited authorities 26 Cited in Amendments 42 Related
Vincent
JurisdictionNorthern Ireland
Citation2015 NI c 1
  • In this Act—
    • (1) The Employment Rights Order is amended as follows.(2) In Part 9, after Article 107D insert—
      (CHAPTER 1B) SHARED PARENTAL LEAVE
      (107E) Entitlement to shared parental leave: birth
    • (1) The Department may make regulations entitling an employee who satisfies specified conditions—
    • (a) as to duration of employment,
    • (b) as to being, or expecting to be, the mother of a child,
    • (c) as to caring or intending to care, with another person (“P”) , for the child,
    • (d) as to entitlement to maternity leave,
    • (e) as to the exercise of that entitlement and the extent of any such exercise,
    • (f) as to giving notice of an intention to exercise an entitlement to leave under this paragraph, and
    • (g) as to the consent of P to the amount of leave under this paragraph that the employee intends to take,
      • to be absent from work on leave under this paragraph for the purpose of caring for the child.
    as to duration of employment,as to being, or expecting to be, the mother of a child,as to caring or intending to care, with another person (“P”) , for the child,as to entitlement to maternity leave,as to the exercise of that entitlement and the extent of any such exercise,as to giving notice of an intention to exercise an entitlement to leave under this paragraph, andas to the consent of P to the amount of leave under this paragraph that the employee intends to take,as to employment or self-employment,as to having earnings of a specified amount for a specified period,as to caring or intending to care, with the employee, for the child, andas to relationship with the child or the employee.the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of P to exercise an entitlement to leave under paragraph (4) or to statutory shared parental pay) ,how much of the entitlement to leave the employee intends to exercise,the extent to which P intends to exercise an entitlement to leave under paragraph (4) or to statutory shared parental pay.as to duration of employment,as to relationship with a child or expected child or with the child's mother,as to caring or intending to care, with the child's mother, for the child,as to giving notice of an intention to exercise an entitlement to leave under this paragraph, andas to the consent of the child's mother to the amount of leave under this paragraph that the employee intends to take,as to employment or self-employment,as to having earnings of a specified amount for a specified period,as to caring or intending to care, with the employee, for the child,as to entitlement (or lack of entitlement) to maternity leave, statutory maternity pay or maternity allowance, andas to the exercise of any such entitlement and the extent of any such exercise.the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of the child's mother to exercise an entitlement to leave under paragraph (1) or to statutory shared parental pay) ,how much of the entitlement to leave the employee intends to exercise,the extent to which the child's mother intends to exercise an entitlement to leave under paragraph (1) or to statutory shared parental pay.In this Article and Articles 107F to 107K and 107M, “specified” means specified for the time being in regulations made under the Article concerned.the amount of leave under Article 107E(1) or (4) to which an employee is entitled in respect of a child,when leave under Article 107E(1) or (4) may be taken.where her maternity leave ends without her ordinary or additional maternity leave period having been curtailed by virtue of Article 103(3) (ba) or 105(3) (a) , the amount of maternity leave taken by the child's mother, orexcept where sub-paragraph (a) (i) applies, the amount of time between the beginning of her maternity leave and the time when her ordinary or additional maternity leave period, as curtailed by virtue of Article 103(3) (ba) or 105(3) (a) , comes to an end,in a case where the child's mother became entitled to statutory maternity pay or maternity allowance but not maternity leave, the relevant amount of time reduced by an amount determined in accordance with paragraph (a) or, as the case may be, paragraph (b) of section 167ZV(2) of the Contributions and Benefits Act 1992.In paragraph (2) “the relevant amount of time” means an amount of time specified in or determined in accordance with regulations under Article 107E.in a case where another person is entitled to leave under Article 107E in respect of the child, the amount of such

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