Children and Families Bill (HL Bill 59)

(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) 5Regulations under subsections (1) and (4) are to provide for leave in
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) 10This section and section 75H have effect in relation to regulations made
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
15prospective adopter.

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
20employee is entitled in respect of a child;

(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
25to be, placed for adoption became entitled to adoption leave, the
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
3075B(3)(a), the amount of adoption leave taken by that
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
35additional adoption leave period, as curtailed by virtue
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
40reduced by an amount determined in accordance with
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
45time specified in or determined in accordance with regulations under
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—

(a) in a case where another person is entitled to leave under section
75G 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
5parental pay in respect of the child but not leave under section
75G, the number of weeks in respect of which such pay is
payable to the other person.

(5) In reckoning for the purposes of subsection (2) the amount of adoption
leave taken, a part of a week is to be treated as a full week.

(6) 10In reckoning for the purposes of subsection (4) the amount of leave
under section 75G taken during a period of such leave, a part of a week
is to be treated as a full week.

(7) Provision under subsection (1)(b) is to secure that leave under section
75G must be taken before the end of such period as may be prescribed
15by the regulations.

(8) Regulations under section 75G are to provide for the taking of leave
under section 75G in a single period or in non-consecutive periods.

(9) Regulations under section 75G may—

(a) provide for an employer, subject to such restrictions as may be
20specified, to require an employee who proposes to take non-
consecutive periods of leave under section 75G to take that
amount of leave as a single period of leave, and

(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
25day is proposed, with the first day of the first period of leave
proposed by the employee.

(10) Regulations under section 75G may provide for the variation, subject to
such restrictions as may be specified, of—

(a) the period or periods during which an amount of leave under
30section 75G is to be taken;

(b) the amount of leave under section 75G that the employee
previously specified in accordance with provision under
section 75G(3)(b) or (6)(b) or subsection (13)(b) of this section.

(11) Provision under subsection (10)(a) may provide for variation to be
35subject to the consent of an employer in circumstances specified by the
regulations.

(12) Provision under subsection (10)(b) may require an employee to satisfy
specified conditions—

(a) as to giving notice of an intention to vary the amount of leave
40under section 75G to be taken by the employee;

(b) if the employee proposes to vary the amount of leave under
section 75G(1) to be taken by the employee, as to the consent of
P to that variation;

(c) if the employee proposes to vary the amount of leave under
45section 75G(4) to be taken by the employee, as to the consent of
A to that variation.

(13) Provision under subsection (12)(a) may require an employee to give
notice to the employer about—

(a) the extent to which the employee has exercised an entitlement
to leave under section 75G(1) or (4) in respect of the child;

(b) how much of the entitlement to leave the employee intends to
exercise;

(c) 5the extent to which a person other than the employee has
exercised an entitlement to leave under section 75G or to
statutory shared parental pay in respect of the child;

(d) the extent to which a person other than the employee intends to
exercise such an entitlement.

(14) 10Regulations under section 75G may—

(a) specify things which are, or are not, to be taken as done for the
purpose of caring for a child;

(b) make provision excluding the right to be absent on leave under
section 75G in respect of a child where more than one child is
15placed for adoption as part of the same arrangement;

(c) specify a minimum amount of leave under section 75G which
may be taken;

(d) make provision about how leave under section 75G may be
taken;

(e) 20specify circumstances in which an employee may work for the
employer during a period of leave under section 75G without
bringing the particular period of leave, or the employee’s
entitlement to leave under section 75G, to an end;

(f) specify circumstances in which an employee may be absent on
25leave under section 75G otherwise than for the purpose of
caring for a child without bringing the person’s entitlement to
leave under section 75G to an end.

(15) In this section “week” means any period of seven days.

(16) The Secretary of State may by regulations provide that the following do
30not have effect, or have effect with modifications specified by the
regulations, in a case where a person who is taking adoption leave or is
entitled to be paid statutory adoption pay in respect of a child dies
before another person has become entitled to leave under section 75G
in respect of the child—

(a) 35section 75G(4)(b), (c) and (e);

(b) section 75G(5);

(c) section 75G(6)(c);

(d) subsection (12)(c);

(e) subsection (13)(c) and (d).

(17) 40The Secretary of State may by regulations provide for section 75G and
this section to have effect in relation to cases which involve adoption,
but not the placement of a child for adoption under the law of any part
of the United Kingdom, with such modifications as the regulations may
prescribe.

(18) 45The Secretary of State may by regulations provide for section 75G and
this section to have effect in relation to cases which involve an
employee who has applied, or intends to apply, with another person for
a parental order under section 54 of the Human Fertilisation and

Embryology Act 2008 and a child who is, or will be, the subject of the
order, with such modifications as the regulations may prescribe.

75I Rights during and after shared parental leave

(1) Regulations under section 75E or 75G are to provide—

(a) 5that an employee who is absent on leave under that section is
entitled, for such purposes and to such extent as the regulations
may prescribe, to the benefit of the terms and conditions of
employment which would have applied if the employee had
not been absent;

(b) 10that an employee who is absent on leave under that section is
bound, for such purposes and to such extent as the regulations
may prescribe, by obligations arising under those terms and
conditions, except in so far as they are inconsistent with section
75E(1) or (4) or 75G(1) or (4), as the case may be; and

(c) 15that an employee who is absent on leave under that section is
entitled to return from leave to a job of a kind prescribed by the
regulations, subject to section 75J(1).

(2) In subsection (1)(a) “terms and conditions of employment”—

(a) includes matters connected with an employee’s employment
20whether or not they arise under the employee’s contract of
employment, but

(b) does not include terms and conditions about remuneration.

(3) The reference in subsection (1)(c) to absence on leave under section 75E
or 75G includes, where appropriate, a reference to a continuous period
25of absence attributable partly to leave under one of those sections and
partly to any one or more of the following—

(a) leave under the other of those sections,

(b) maternity leave,

(c) paternity leave,

(d) 30adoption leave, and

(e) parental leave.

(4) Regulations under section 75E or 75G may specify matters which are,
or are not, to be treated as remuneration for the purposes of this section.

(5) Regulations under section 75E or 75G may make provision, in relation
35to the right to return mentioned in subsection (1)(c), about—

(a) seniority, pension rights and similar rights;

(b) terms and conditions of employment on return.

75J Redundancy and dismissal

(1) Regulations under section 75E or 75G may make provision about—

(a) 40redundancy, or

(b) dismissal (other than by reason of redundancy),

during a period of leave under that section.

(2) Provision made by virtue of subsection (1) may include—

(a) provision requiring an employer to offer alternative
45employment;

(b) provision for the consequences of failure to comply with the
regulations (which may include provision for a dismissal to be
treated as unfair for the purposes of Part 10).

75K Chapter 1B: supplemental

(1) 5Regulations under section 75E or 75G may—

(a) make provision about notices to be given, evidence to be
produced and other procedures to be followed by—

(i) employees,

(ii) employers, and

(iii) 10relevant persons;

(b) make provision requiring such persons to keep records;

(c) make provision for the consequences of failure to give notices,
to produce evidence, to keep records or to comply with other
procedural requirements;

(d) 15make provision for the consequences of failure to act in
accordance with a notice given by virtue of paragraph (a);

(e) make special provision for cases where an employee has a right
which corresponds to a right under section 75E or 75G and
which arises under the employee’s contract of employment or
20otherwise;

(f) make provision modifying the effect of Chapter 2 of Part 14
(calculation of a week’s pay) in relation to an employee who is
or has been absent from work on leave under section 75E or
75G;

(g) 25make provision applying, modifying or excluding an
enactment, in such circumstances as may be specified and
subject to any conditions which may be specified, in relation to
a person entitled to take leave under section 75E or 75G.

(2) In subsection (1) “relevant person” means—

(a) 30a person who, in connection with an employee’s claim to be
entitled to leave under section 75E or 75G, is required to satisfy
conditions specified in provision under section 75E(2) or (5) or
75G(2) or (5), or

(b) a person who is an employer or former employer of such a
35person.

(3) In subsection (2)(b) “employer”, in relation to a person falling within
subsection (2)(a) who is an employed earner, includes a person who is
a secondary contributor as regards that employed earner.

(4) The conditions as to employment or self-employment that may be
40specified in provision under section 75E(2) or (5) or 75G(2) or (5)
include conditions as to being in employed or self-employed earner’s
employment.

(5) In subsections (3) and (4)—

• “employed earner” and “self-employed earner” have the meaning
  45given by section 2 of the Social Security Contributions and
  Benefits Act 1992, subject for these purposes to the effect of
  regulations made under section 2(2)(b) of that Act (persons who
  are to be treated as employed or self-employed earners);

Children and Families BillPage 75

• “employment”, in the case of employment as an employed or self-
  employed earner, has the meaning given by section 122 of that
  Act;

• “secondary contributor”, as regards an employed earner, means a
  5person who—

  (a)

  is indicated by section 7(1) of that Act, as that subsection
  has effect subject to section 7(2) of that Act, as being a
  secondary contributor as regards the earner, or

  (b)

  is indicated by regulations under section 7(2) of that Act
  10as being a person to be treated as a secondary
  contributor as regards the earner.

(6) Regulations under any of sections 75E to 75H may make different
provision for different cases or circumstances.

(7) Where sections 75G and 75H have effect in relation to such cases as are
15described in section 75H(18), regulations under section 75G about
evidence to be produced may require statutory declarations as to—

(a) eligibility to apply for a parental order;

(b) intention to apply for such an order.”

(2) In section 236 of the Employment Rights Act 1996 (orders and regulations), in
20subsection (3) (affirmative procedure required), after “75A, 75B,” there is
inserted “75E, 75F(16), 75G, 75H(16), (17) or (18)”.

97 Exclusion or curtailment of other statutory rights to leave

(1) The Employment Rights Act 1996 is amended as follows.

(2) In section 71 (ordinary maternity leave)—

(a) 25in subsection (3), after paragraph (b) there is inserted—

“(ba) may allow an employee to bring forward the date on
which an ordinary maternity leave period ends, subject
to prescribed restrictions and subject to satisfying
prescribed conditions;

(bb) 30may allow an employee in prescribed circumstances to
revoke, or to be treated as revoking, the bringing
forward of that date;”;

(b) after subsection (3) there is inserted—

“(3A) Provision under subsection (3)(ba) is to secure that an employee
35may bring forward the date on which an ordinary maternity
leave period ends only if the employee or another person has
taken, or is taking, prescribed steps as regards leave under
section 75E or statutory shared parental pay in respect of the
child.”

(3) 40In section 73 (additional maternity leave)—

(a) in subsection (3)(a), for the words from “to choose” to the end there is
substituted “to bring forward the date on which an additional
maternity leave period ends, subject to prescribed restrictions and
subject to satisfying prescribed conditions;”;

(b) after subsection (3)(a) there is inserted—

“(aa) may allow an employee in prescribed circumstances to
revoke, or to be treated as revoking, the bringing
forward of that date;”;

(c) 5after subsection (3) there is inserted—

“(3A) Provision under subsection (3)(a) is to secure that an employee
may bring forward the date on which an additional maternity
leave period ends only if the employee or another person has
taken, or is taking, prescribed steps as regards leave under
10section 75E or statutory shared parental pay in respect of the
child.”

(4) In section 75A (ordinary adoption leave)—

(a) in subsection (2A), after “subsection (2)” there is inserted “—

“(a) may allow an employee to bring forward the date on
15which an ordinary adoption leave period ends, subject
to prescribed restrictions and subject to satisfying
prescribed conditions;

(b) may allow an employee in prescribed circumstances to
revoke, or to be treated as revoking, the bringing
20forward of that date;”;

(b) in subsection (2A), the words from “may specify circumstances” to the
end become paragraph (c);

(c) after subsection (2A) there is inserted—

“(2B) Provision under subsection (2A)(a) is to secure that an
25employee may bring forward the date on which an ordinary
adoption leave period ends only if the employee or another
person has taken, or is taking, prescribed steps as regards leave
under section 75G or statutory shared parental pay in respect of
the child.”

(5) 30In section 75B (additional adoption leave)—

(a) in subsection (3)(a), for the words from “to choose” to the end there is
substituted “to bring forward the date on which an additional adoption
leave period ends, subject to prescribed restrictions and subject to
satisfying prescribed conditions;”;

(b) 35after subsection (3)(a) there is inserted—

“(aa) may allow an employee in prescribed circumstances to
revoke, or to be treated as revoking, the bringing
forward of that date;”;

(c) after subsection (3) there is inserted—

“(3A) 40Provision under subsection (3)(a) is to secure that an employee
may bring forward the date on which an additional adoption
leave period ends only if the employee or another person has
taken, or is taking, prescribed steps as regards leave under
section 75G or statutory shared parental pay in respect of the
45child.”

(6) In section 80A (entitlement to ordinary paternity leave: birth), after subsection

(4) there is inserted—

“(4A) Provision under subsection (2)(b) must secure that, once an employee
takes leave under section 75E in respect of a child, the employee may
not take leave under this section in respect of the child.”

(7) 5In section 80B (entitlement to ordinary paternity leave: adoption), after
subsection (4) there is inserted—

“(4A) Provision under subsection (2)(b) must secure that, once an employee
takes leave under section 75G in respect of a child, the employee may
not take leave under this section in respect of the child.”

10Statutory shared parental pay

98 Statutory shared parental pay

(1) In the Social Security Contributions and Benefits Act 1992, after section 171ZT
there is inserted—

“Part 12ZC

Statutory shared parental pay

171ZU Entitlement: birth

(1) 15Regulations may provide that, where all the conditions in subsection
(2) are satisfied in relation to a person who is the mother of a child (“the
claimant mother”), the claimant mother is to be entitled in accordance
with the following provisions of this Part to payments to be known as
“statutory shared parental pay”.

(2) 20The conditions are—

(a) that the claimant mother and another person (“P”) satisfy
prescribed conditions as to caring or intending to care for the
child;

(b) that P satisfies prescribed conditions—

(i) 25as to employment or self-employment,

(ii) as to having earnings of a prescribed amount for a
prescribed period, and

(iii) as to relationship either with the child or with the
claimant mother;

(c) 30that the claimant mother has been in employed earner’s
employment with an employer for a continuous period of at
least the prescribed length ending with a prescribed week;

(d) that at the end of that prescribed week the claimant mother was
entitled to be in that employment;

(e) 35that the claimant mother’s normal weekly earnings for a
prescribed period ending with a prescribed week are not less
than the lower earnings limit in force under section 5(1)(a) at the
end of that week;

(f) if regulations so provide, that the claimant mother continues in
40employed earner’s employment (whether or not with the
employer by reference to whom the condition in paragraph (c)
is satisfied) until a prescribed time;

(g) that the claimant mother became entitled to statutory maternity
pay by reference to the birth of the child;

(h) that the claimant mother satisfies prescribed conditions as to the
reduction of the duration of the maternity pay period;

(i) 5that the claimant mother has given the person who will be liable
to pay statutory shared parental pay to her notice of—

(i) the number of weeks in respect of which she would be
entitled to claim statutory shared parental pay in respect
of the child if the entitlement were fully exercised
10(disregarding for these purposes any intention of P to
claim statutory shared parental pay in respect of the
child),

(ii) the number of weeks in respect of which she intends to
claim statutory shared parental pay, and

(iii) 15the number of weeks in respect of which P intends to
claim statutory shared parental pay;

(j) that the claimant mother has given the person who will be liable
to pay statutory shared parental pay to her notice of the period
or periods during which she intends to claim statutory shared
20parental pay in respect of the child;

(k) that a notice under paragraph (i) or (j)—

(i) is given by such time as may be prescribed, and

(ii) satisfies prescribed conditions as to form and content;

(l) that P consents to the extent of the claimant mother’s intended
25claim for statutory shared parental pay;

(m) that it is the claimant mother’s intention to care for the child
during each week in respect of which statutory shared parental
pay is paid to her;

(n) that the claimant mother is absent from work during each week
30in respect of which statutory shared parental pay is paid to her;

(o) that, where she is an employee within the meaning of the
Employment Rights Act 1996, the claimant mother’s absence
from work during each such week is absence on shared parental
leave.

(3) 35Regulations may provide that, where all the conditions in subsection
(4) are satisfied in relation to a person (“the claimant”), the claimant is
to be entitled in accordance with the following provisions of this Part to
payments to be known as “statutory shared parental pay”.

(4) The conditions are—

(a) 40that the claimant and another person (“M”) who is the mother
of a child satisfy prescribed conditions as to caring or intending
to care for the child;

(b) that the claimant satisfies—

(i) prescribed conditions as to relationship with the child,
45or

(ii) prescribed conditions as to relationship with M;

(c) that M satisfies prescribed conditions—

(i) as to employment or self-employment, and

(ii) as to having earnings of a prescribed amount for a
50prescribed period;

(d) that the claimant has been in employed earner’s employment
with an employer for a continuous period of at least the
prescribed length ending with a prescribed week;

(e) that at the end of that prescribed week the claimant was entitled
5to be in that employment;

(f) that the claimant’s normal weekly earnings for a prescribed
period ending with a prescribed week are not less than the
lower earnings limit in force under section 5(1)(a) at the end of
that week;

(g) 10if regulations so provide, that the claimant continues in
employed earner’s employment (whether or not with the
employer by reference to whom the condition in paragraph (d)
is satisfied) until a prescribed time;

(h) that M became entitled, by reference to the birth of the child,
15to—

(i) a maternity allowance, or

(ii) statutory maternity pay;

(i) that M satisfies prescribed conditions as to—

(i) the reduction of the duration of the maternity allowance
20period, or

(ii) the reduction of the duration of the maternity pay
period, as the case may be;

(j) that the claimant has given the person who will be liable to pay
statutory shared parental pay to the claimant notice of—

(i) 25the number of weeks in respect of which the claimant
would be entitled to claim statutory shared parental pay
in respect of the child if the entitlement were fully
exercised (disregarding for these purposes any intention
of M to claim statutory shared parental pay in respect of
30the child),

(ii) the number of weeks in respect of which the claimant
intends to claim statutory shared parental pay, and

(iii) the number of weeks in respect of which M intends to
claim statutory shared parental pay;

(k) 35that the claimant has given the person who will be liable to pay
statutory shared parental pay to the claimant notice of the
period or periods during which the claimant intends to claim
statutory shared parental pay in respect of the child;

(l) that a notice under paragraph (j) or (k)—

(i) 40is given by such time as may be prescribed, and

(ii) satisfies prescribed conditions as to form and content;

(m) that M consents to the extent of the claimant’s intended claim
for statutory shared parental pay;

(n) that it is the claimant’s intention to care for the child during
45each week in respect of which statutory shared parental pay is
paid to the claimant;

(o) that the claimant is absent from work during each week in
respect of which statutory shared parental pay is paid to the
claimant;

(p) 50that, where the claimant is an employee within the meaning of
the Employment Rights Act 1996, the claimant’s absence from