The Paternity and Adoption Leave Regulations 2002 are provided for in the Employment Act 2002. The regulation sets out an employee’s right to paternity leave in connection with the birth of a child or the adoption of a child. It forms part of a wider framework of parental rights and work life balance within UK employment law.
Where an employee has been employed for at least 26 weeks, 14 weeks prior to the expected birth, they are entitled to leave with the purpose of caring for a child or supporting the mother. Where an employee has been continuously employed for a period of at least 26 weeks, in the week ending on the child's adopter being notified of the match, they are entitled to leave for the purpose of caring for a child or supporting the child’s adopter.
The regulation establishes ordinary parental leave of 26 weeks, with the possibility of an additional 26 weeks of leave immediately following the ordinary period. The regulation also protects employees from detriment or dismissal resulting from taking such leave and places a duty on employers to manage the leave period and notify employees of their expected return date.
