Parental Leave and Employment Protection Act 1987
Part 3 Extended Leave

Section 23 Entitlement of employee to extended leave

Except as otherwise provided in this Act, and subject to sections 25 to 30 of this Act, every employee

(a) Who

(i) Gives birth to a child and assumes or intends to assume the care of that child; or

(ii) Assumes or intends to assume the care of a child to whom his spouse gives birth; and

(b) Who, at the expected date of delivery of that child, will have been for the immediately preceding 12 months in the employment of the same employer for at least an average of 10 hours a week during that period,

shall be entitled to extended leave in accordance with this Act.

Section 24 Entitlement of adoptive parent to extended leave

(1) Except as otherwise provided in this Act, and subject to sections 25 to 30 of this Act, every employee

(a) Who assumes with a view to adoption by that employee or by that employee and that employee's spouse jointly the care of a child who is not more than 5 years of age; and

(b) Who, at the date on which that employee, with a view to adoption, first assumes the care of the child, has been for the immediately preceding 12 months in the employment of the same employer for at least an average of 10 hours a week during that period,

shall be entitled to extended leave in accordance with this Act.

(2) An employee shall not be entitled to extended leave in respect of a child by virtue of subsection (1) of this section if that employee has previously taken, in respect of that child, a period of leave, being

(a) Extended leave under this Act; or

(b) A period of leave in the nature of extended leave under any Act other than this Act, or any employment agreement.

Section 25 Restriction where two or more children born or adopted at one time

Repealed

Section 26 Duration of extended leave

(1) Subject to subsection (2) of this section and to sections 27 to 30 of this Act, extended leave may be taken by the employee and the employee's spouse in no more than one continuous period each, the combined total of which does not exceed 52 weeks.

(2) Where, on any occasion, a female employee who is entitled to both maternity leave and extended leave in accordance with this Act, takes maternity leave, the period of extended leave to which she or her spouse is entitled in respect of the child shall be the period specified in subsection (1) of this section reduced by the total period of the maternity leave taken excluding any period of maternity leave in excess of 14 weeks taken pursuant to section 9(2) of this Act.

(3) The taking by a female employee of any special leave pursuant to section 15 of this Act shall not reduce the period of extended leave to which that female employee or her spouse is entitled in accordance with this Act.

(4) The taking by an employee of any partner's or paternity leave in accordance with this Act does not reduce the period of extended leave to which that employee or his or her spouse is entitled in accordance with this Act.

Section 27 Extended leave to be shared between parents

(1) Subject to the provisions of this Act, where an employee and that employee's spouse are both entitled to extended leave pursuant to section 23 or section 24 of this Act, the combined entitlements of that employee and that employee's spouse to extended leave under this Act shall be a total period or periods not exceeding 52 weeks which shall be shared between them in accordance with subsection (2) of this section.

(2) Subject to the provisions of this Act, the period or periods of extended leave provided by section 26(1) of this Act shall be shared between an employee and that employee's spouse in one of the following ways:

(a) By either the employee or the employee's spouse taking the full period of extended leave, or any lesser period, in a continuous period not exceeding 52 weeks, and by the other of them not taking any period of maternity or extended leave under this Act:

(b) By both the employee and the employee's spouse each taking one period of extended leave in such a manner that the total period formed by adding together the 2 periods of extended leave does not exceed 52 weeks, and by neither the employee nor the employee's spouse taking any period of maternity leave under this Act:

(c) By either the employee or the employee's spouse taking a period of maternity leave and by either or both of the employee and the employee's spouse each taking one period of extended leave in such a manner that the total period formed by adding together the period or periods of extended leave and the period of maternity leave (excluding any period of maternity leave in excess of 14 weeks taken under section 9(2) of this Act) does not exceed 52 weeks:

(d) In such a manner as may be agreed on by the employee and the employee's spouse and their respective employers.

Section 28 Extended leave may be taken consecutively or concurrently with any leave taken by other parent

Subject to the provisions of this Act, where an employee takes a period of extended leave in accordance with section 27 of this Act, the period of leave so taken may be taken consecutively or concurrently with any period of maternity leave, partner's or paternity leave, or extended leave taken by the employee or the employee's spouse, as the case may be, under this Act.

Section 29 Date of commencement of extended leave

Except as otherwise provided by section 27 or section 30 of this Act, extended leave shall begin,

(a) In the case of a female employee who has taken maternity leave in relation to the birth or adoption of the child, on any date in the period beginning with the expiry or earlier determination of the employee's maternity leave, and ending,

(i) In the case of a child born to the employee, with the date on which the child attains the age of 12 months; or

(ii) In the case of a child adopted by the employee, with the date that is the first anniversary of the date on which the employee first assumed the care of the child with a view to adoption:

(b) In the case of [an] employee who has taken [partner's/paternity leave] in relation to the birth or adoption of the child, on any date in the period beginning with the expiry or earlier determination of the employee's [partner's/paternity leave], and ending,

(i) In the case of a child born to the employee's spouse, with the date on which the child attains the age of 12 months; or

(ii) In the case of a child adopted by the employee, with the date that is the first anniversary of the date on which the employee first assumed the care of the child with a view to adoption:

(c) In the case of an employee who is entitled to take maternity leave or [partner's/paternity leave] in relation to the birth of a child and who has not taken any such leave, on any date in the period beginning with the date of confinement and ending with the date on which the child attains the age of 12 months:

(d) In the case of an employee who is entitled to take maternity leave or partner's/paternity leave] in relation to the adoption of a child and who has not taken any such leave, on any date in the period beginning with the date on which the employee first assumes (with a view to adoption by that employee or by that employee and that employee's spouse jointly) the care of the child and ending with the date that is the first anniversary of the date on which the employee first assumed the care of the child with a view to adoption:

(e) On such other date as may be agreed on by the employee and that employee's employer.

Section 30 Termination of extended leave

Notwithstanding anything contained in any other provision of this Act, no employee shall be entitled to commence or continue any period of extended leave under this Act after

(a) The date on which the child in respect of whom the extended leave is taken (other than a child to whom paragraph (b) of this section applies) attains the age of 12 months; or

(b) In the case of an adopted child, the first anniversary of the date on which the employee first assumed the care of the child with a view to the adoption of that child by that employee, or by that employee and that employee's spouse jointly; or

(c) The date on which the employee ceases to have care of the child in respect of whom the extended leave is taken.

End of Part 3