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 £140.98 in 2017[1], for the purpose of looking after children.

Paternity and Adoption Leave Regulations 2002
Long title...
CitationSI 2002/2778
Territorial extentEngland and Wales; Scotland; Northern Ireland
Status: Current legislation
Text of statute as originally enacted

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.
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See also

Notes
  1. "Paternity pay and leave: Pay - GOV.UK". www.gov.uk. Retrieved 2017-12-18.

References
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