Children and Families Bill

Session 2012 - 13
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Other Bills before Parliament

Children and Families Bill

Children and Families Bill
Part 6 — Statutory rights to leave and pay
56

85
Children’s Commissioner: minor and consequential amendments
Schedule 5 (minor and consequential amendments to Part 1 of the Children Act
2004 and to other Acts) has effect.
86
Repeal of requirement to appoint Children’s Rights Director
(1)
Section 120 of the Education and Inspections Act 2006 (requirement to appoint
5
Children’s Rights Director) is repealed.
(2)
In that Act—
(a)
in section 117 (performance of functions of the Office for Standards in
Education, Children’s Services and Skills), in subsection (2) after
paragraph (a) insert—
10
“(aa)
any matters raised by the Children’s Commissioner
with the Office or the Chief Inspector;”, and
(b)
in section 119 (performance of the functions of the Chief Inspector of
Education, Children’s Services and Skills), in subsection (3) after
paragraph (a) (and before the “and” which follows it) insert—
15
“(aa)
any matters raised by the Children’s Commissioner
with the Chief Inspector;”.
(3)
Schedule 6 (transfers of staff and property in consequence of the repeal of the
requirement to appoint a Children’s Rights Director) has effect.
Part 6
20
Statutory rights to leave and pay
Shared parental leave
87
Shared parental leave
(1)
In Part 8 of the Employment Rights Act 1996, after section 75D there is
inserted—
25
“Chapter 1B
Shared parental leave
75E
Entitlement to shared parental leave: birth
(1)
The Secretary of State may make regulations entitling an employee who
satisfies specified conditions—
30
(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,
35
(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 subsection, and

Children and Families Bill
Part 6 — Statutory rights to leave and pay
57

(g)
as to the consent of P to the amount of leave under this
subsection that the employee intends to take,

to be absent from work on leave under this subsection for the purpose
of caring for the child.
(2)
Regulations under subsection (1) may provide that the employee’s
5
entitlement is subject to the satisfaction by P of specified conditions—
(a)
as to employment or self-employment,
(b)
as to having earnings of a specified amount for a specified
period,
(c)
as to caring or intending to care, with the employee, for the
10
child, and
(d)
as to relationship with the child or the employee.
(3)
Provision under subsection (1)(f) may require the employee to give
notice to the employer about—
(a)
the amount of leave to which the employee would be entitled if
15
the entitlement were fully exercised (disregarding for these
purposes any intention of P to exercise an entitlement to leave
under subsection (4) or to statutory shared parental pay);
(b)
how much of the entitlement to leave the employee intends to
exercise;
20
(c)
the extent to which P intends to exercise an entitlement to leave
under subsection (4) or to statutory shared parental pay.
(4)
The Secretary of State may make regulations entitling an employee who
satisfies specified conditions—
(a)
as to duration of employment,
25
(b)
as to relationship with a child or expected child or with the
child’s mother,
(c)
as to caring or intending to care, with the child’s mother, for the
child,
(d)
as to giving notice of an intention to exercise an entitlement to
30
leave under this subsection, and
(e)
as to the consent of the child’s mother to the amount of leave
under this subsection that the employee intends to take,

to be absent from work on leave under this subsection for the purpose
of caring for the child.
35
(5)
Regulations under subsection (4) may provide that the employee’s
entitlement is subject to the satisfaction by the child’s mother of
specified conditions—
(a)
as to employment or self-employment,
(b)
as to having earnings of a specified amount for a specified
40
period,
(c)
as to caring or intending to care, with the employee, for the
child,
(d)
as to entitlement (or lack of entitlement) to maternity leave,
statutory maternity pay or maternity allowance, and
45
(e)
as to the exercise of any such entitlement and the extent of any
such exercise.
(6)
Provision under subsection (4)(d) may require the employee to give
notice to the employer about—

Children and Families Bill
Part 6 — Statutory rights to leave and pay
58

(a)
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 subsection (1) or to statutory shared
parental pay);
5
(b)
how much of the entitlement to leave the employee intends to
exercise;
(c)
the extent to which the child’s mother intends to exercise an
entitlement to leave under subsection (1) or to statutory shared
parental pay.
10
75F
Entitlement to leave under section 75E: further provision
(1)
Regulations under section 75E are to include provision for
determining—
(a)
the amount of leave under section 75E(1) or (4) to which an
employee is entitled in respect of a child;
15
(b)
when leave under section 75E(1) or (4) may be taken.
(2)
Provision under subsection (1)(a) is to secure that the amount of leave
to which an employee is entitled in respect of a child does not exceed—
(a)
in a case where the child’s mother became entitled to maternity
leave, the relevant amount of time reduced by—
20
(i)
where her maternity leave ends without her ordinary or
additional maternity leave period having been curtailed
by virtue of section 71(3)(ba) or 73(3)(a), the amount of
maternity leave taken by the child’s mother, or
(ii)
except where sub-paragraph (i) applies, the amount of
25
time between the beginning of her maternity leave and
the time when her ordinary or additional maternity
leave period, as curtailed by virtue of section 71(3)(ba)
or 73(3)(a), comes to an end;
(b)
in a case where the child’s mother became entitled to statutory
30
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 171ZU(6) of the Social Security
Contributions and Benefits Act 1992.
35
(3)
In subsection (2) “the relevant amount of time” means an amount of
time specified in or determined in accordance with regulations under
section 75E.
(4)
Provision under subsection (1)(a) is to secure that the amount of leave
that an employee is entitled to take in respect of a child takes into
40
account—
(a)
in a case where another person is entitled to leave under section
75E in respect of the child, the amount of such leave taken by the
other person;
(b)
in a case where another person is entitled to statutory shared
45
parental pay in respect of the child but not leave under section
75E, the number of weeks in respect of which such pay is
payable to the other person.

Children and Families Bill
Part 6 — Statutory rights to leave and pay
59

(5)
In reckoning for the purposes of subsection (2) the amount of maternity
leave taken, a part of a week is to be treated as a full week.
(6)
In reckoning for the purposes of subsection (4) the amount of leave
under section 75E taken during a period of such leave, a part of a week
is to be treated as a full week.
5
(7)
Provision under subsection (1)(b) is to secure that leave under section
75E must be taken before the end of such period as may be specified by
the regulations.
(8)
Regulations under section 75E are to provide for the taking of leave
under section 75E in a single period or in non-consecutive periods.
10
(9)
Regulations under section 75E may—
(a)
provide for an employer, subject to such restrictions as may be
specified, to require an employee who proposes to take non-
consecutive periods of leave under section 75E to take that
amount of leave as a single period of leave;
15
(b)
provide for a single period of leave that is so imposed on an
employee to start with a day proposed by the employee or, if no
day is proposed, with the first day of the first period of leave
proposed by the employee.
(10)
Regulations under section 75E may provide for the variation, subject to
20
such restrictions as may be specified, of—
(a)
the period or periods during which an amount of leave under
section 75E may be taken;
(b)
the amount of leave under section 75E that the employee
previously specified in accordance with provision under
25
section 75E(3)(b) or (6)(b) or subsection (13)(b) of this section.
(11)
Provision under subsection (10)(a) may provide for variation to be
subject to the consent of an employer in circumstances specified by the
regulations.
(12)
Provision under subsection (10)(b) may require an employee to satisfy
30
specified conditions—
(a)
as to giving notice of an intention to vary the amount of leave
under section 75E to be taken by the employee;
(b)
if the employee proposes to vary the amount of leave under
section 75E(1) to be taken by the employee, as to the consent of
35
P to that variation;
(c)
if the employee proposes to vary the amount of leave under
section 75E(4) to be taken by the employee, as to the consent of
the child’s mother to that variation.
(13)
Provision under subsection (12)(a) may require an employee to give
40
notice to the employer about—
(a)
the extent to which the employee has exercised an entitlement
to leave under section 75E(1) or (4) in respect of the child;
(b)
how much of the entitlement to leave the employee intends to
exercise;
45
(c)
the extent to which a person other than the employee has
exercised an entitlement to leave under section 75E or to
statutory shared parental pay in respect of the child;

Children and Families Bill
Part 6 — Statutory rights to leave and pay
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(d)
the extent to which a person other than the employee intends to
exercise such an entitlement.
(14)
Regulations under section 75E may—
(a)
specify things which are, or are not, to be taken as done for the
purpose of caring for a child;
5
(b)
make provision excluding the right to be absent on leave under
section 75E in respect of a child where more than one child is
born as a result of the same pregnancy;
(c)
specify a minimum amount of leave under section 75E which
may be taken;
10
(d)
make provision about how leave under section 75E may be
taken;
(e)
specify circumstances in which an employee may work for the
employer during a period of leave under section 75E without
bringing the particular period of leave, or the employee’s
15
entitlement to leave under section 75E, to an end;
(f)
specify circumstances in which an employee may be absent on
leave under section 75E otherwise than for the purpose of
caring for a child without bringing the person’s entitlement to
leave under section 75E to an end.
20
(15)
In this section “week” means any period of seven days.
(16)
The Secretary of State may by regulations provide that the following do
not have effect, or have effect with modifications specified by the
regulations, in a case where the mother of a child dies before another
person has become entitled to leave under section 75E in respect of the
25
child—
(a)
section 75E(4)(b), (c) and (e);
(b)
section 75E(5);
(c)
section 75E(6)(c);
(d)
subsection (12)(c);
30
(e)
subsection (13)(c) and (d).
75G
Entitlement to shared parental leave: adoption
(1)
The Secretary of State may make regulations entitling an employee who
satisfies specified conditions—
(a)
as to duration of employment,
35
(b)
as to being a person with whom a child is, or is expected to be,
placed for adoption under the law of any part of the United
Kingdom,
(c)
as to caring or intending to care, with another person (“P”), for
the child,
40
(d)
as to entitlement to adoption 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 subsection, and
45
(g)
as to the consent of P to the amount of leave under this
subsection that the employee intends to take,

to be absent from work on leave under this subsection for the purpose
of caring for the child.

Children and Families Bill
Part 6 — Statutory rights to leave and pay
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(2)
Regulations under subsection (1) may provide that the employee’s
entitlement is subject to the satisfaction by P of specified conditions—
(a)
as to employment or self-employment,
(b)
as to having earnings of a specified amount for a specified
period,
5
(c)
as to caring or intending to care, with the employee, for the
child, and
(d)
as to relationship with the child or the employee.
(3)
Provision under subsection (1)(f) may require the employee to give
notice to the employer about—
10
(a)
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 subsection (4) or to statutory shared parental pay);
(b)
how much of the entitlement to leave the employee intends to
15
exercise;
(c)
the extent to which P intends to exercise an entitlement to leave
under subsection (4) or to statutory shared parental pay.
(4)
The Secretary of State may make regulations entitling an employee who
satisfies specified conditions—
20
(a)
as to duration of employment,
(b)
as to relationship with a child placed, or expected to be placed,
for adoption under the law of any part of the United Kingdom
or with a person (“A”) with whom the child is, or is expected to
be, so placed,
25
(c)
as to caring or intending to care, with A, for the child,
(d)
as to giving notice of an intention to exercise an entitlement to
leave under this subsection, and
(e)
as to the consent of A to the amount of leave under this
subsection that the employee intends to take,
30

to be absent from work on leave under this subsection for the purpose
of caring for the child.
(5)
Regulations under subsection (4) may provide that the employee’s
entitlement is subject to the satisfaction by A of specified conditions—
(a)
as to employment or self-employment,
35
(b)
as to having earnings of a specified amount for a specified
period,
(c)
as to caring or intending to care, with the employee, for the
child,
(d)
as to entitlement (or lack of entitlement) to adoption leave or
40
statutory adoption pay, and
(e)
as to the exercise of any such entitlement and the extent of any
such exercise.
(6)
Provision under subsection (4)(d) may require the employee to give
notice to the employer about—
45
(a)
the amount of leave to which the employee would be entitled if
the entitlement were fully exercised (disregarding for these
purposes any intention of A to exercise an entitlement to leave
under subsection (1) or to statutory shared parental pay);

Children and Families Bill
Part 6 — Statutory rights to leave and pay
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(b)
how much of the entitlement to leave the employee intends to
exercise;
(c)
the extent to which A intends to exercise an entitlement to leave
under subsection (1) or to statutory shared parental pay.
(7)
Regulations under subsections (1) and (4) are to provide for leave in
5
respect of a child placed, or expected to be placed, under section 22C of
the Children Act 1989 by a local authority in England with a local
authority foster parent who has been approved as a prospective
adopter.
(8)
This section and section 75H have effect in relation to regulations made
10
by virtue of subsection (7) as if references to a child being placed for
adoption under the law of any part of the United Kingdom were
references to being placed under section 22C of the Children Act 1989
with a local authority foster parent who has been approved as a
prospective adopter.
15
75H
Entitlement to leave under section 75G: further provision
(1)
Regulations under section 75G are to include provision for
determining—
(a)
the amount of leave under section 75G(1) or (4) to which an
employee is entitled in respect of a child;
20
(b)
when leave under section 75G(1) or (4) may be taken.
(2)
Provision under subsection (1)(a) is to secure that the amount of leave
to which an employee is entitled in respect of a child does not exceed—
(a)
in a case where a person with whom the child is, or is expected
to be, placed for adoption became entitled to adoption leave, the
25
relevant amount of time reduced by—
(i)
where the person’s adoption leave ends without the
person’s ordinary or additional adoption leave period
having been curtailed by virtue of section 75A(2A)(a) or
75B(3)(a), the amount of adoption leave taken by that
30
person, or
(ii)
except where sub-paragraph (i) applies, the amount of
time between the beginning of the person’s adoption
leave and the time when the person’s ordinary or
additional adoption leave period, as curtailed by virtue
35
of section 75A(2A)(a) or 75B(3)(a), comes to an end;
(b)
in a case where a person with whom the child is, or is expected
to be, placed for adoption became entitled to statutory adoption
pay but not adoption leave, the relevant amount of time
reduced by an amount determined in accordance with
40
paragraph (a) or, as the case may be, paragraph (b) of section
171ZV(6) of the Social Security Contributions and Benefits Act
1992.
(3)
In subsection (2) “the relevant amount of time” means an amount of
time specified in or determined in accordance with regulations under
45
section 75G.
(4)
Provision under subsection (1)(a) is to secure that the amount of leave
that an employee is entitled to take in respect of a child takes into
account—