Children and Families Bill (HL Bill 83)

(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
5notice 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;

(c) 10the 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;

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

(14) 15Regulations 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;

(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
20born as a result of the same pregnancy;

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

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

(e) 25specify 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
entitlement to leave under section 75E, to an end;

(f) specify circumstances in which an employee may be absent on
30leave 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.

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

(16) The Secretary of State may by regulations provide that the following do
35not 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
child—

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

(b) 40section 75E(5);

(c) section 75E(6)(c);

(d) subsection (12)(c);

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

75G Entitlement to shared parental leave: adoption

(1) 45The Secretary of State may make regulations entitling an employee who
satisfies specified conditions—

(a) as to duration of employment,

(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
5the child,

(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
10leave under this subsection, and

(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) 15Regulations 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,

(c) 20as 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—

(a) 25the 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
30exercise;

(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) 35as 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,

(c) 40as 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,

45to 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,

(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) 5as to entitlement (or lack of entitlement) to adoption leave or
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
10notice to the employer about—

(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);

(b) 15how 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
20respect 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
25by 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.

75H 30Entitlement 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;

(b) 35when 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
40relevant 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
45person, 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
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
5pay but not adoption 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
171ZV(6) of the Social Security Contributions and Benefits Act
1992.

(3) 10In subsection (2) “the relevant amount of time” means an amount of
time 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
15account—

(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
20parental 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) 25In 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
30by 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
35specified, 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
40day 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
45section 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
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
5specified conditions—

(a) as to giving notice of an intention to vary the amount of leave
under 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
10P to that variation;

(c) if the employee proposes to vary the amount of leave under
section 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
15notice 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) 20the 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) 25Regulations 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
30placed 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) 35specify 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
40leave 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
45not 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) section 75G(4)(b), (c) and (e);

(b) section 75G(5);

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

(d) subsection (12)(c);

(e) 5subsection (13)(c) and (d).

(17) The 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
10prescribe.

(18) The 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
15Embryology 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) that an employee who is absent on leave under that section is
20entitled, 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) that an employee who is absent on leave under that section is
25bound, 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) that an employee who is absent on leave under that section is
30entitled 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
whether or not they arise under the employee’s contract of
35employment, 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
of absence attributable partly to leave under one of those sections and
40partly to any one or more of the following—

(a) leave under the other of those sections,

(b) maternity leave,

(c) paternity leave,

(d) adoption leave, and

(e) 45parental 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
to 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 5Redundancy and dismissal

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

(a) redundancy, or

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

during a period of leave under that section.

(2) 10Provision made by virtue of subsection (1) may include—

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

(b) provision for the consequences of failure to comply with the
regulations (which may include provision for a dismissal to be
15treated as unfair for the purposes of Part 10).

75K Chapter 1B: supplemental

(1) Regulations 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) 20employees,

(ii) employers, and

(iii) relevant persons;

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

(c) make provision for the consequences of failure to give notices,
25to produce evidence, to keep records or to comply with other
procedural requirements;

(d) make 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
30which corresponds to a right under section 75E or 75G and
which arises under the employee’s contract of employment or
otherwise;

(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
35or has been absent from work on leave under section 75E or
75G;

(g) make 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
40a person entitled to take leave under section 75E or 75G.

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

(a) a 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
4575G(2) or (5), or

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

(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
5specified 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
  10given 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);

• “employment”, in the case of employment as an employed or self-
  15employed earner, has the meaning given by section 122 of that
  Act;

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

  (a)

  is indicated by section 7(1) of that Act, as that subsection
  20has 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
  as being a person to be treated as a secondary
  contributor as regards the earner.

(6) 25Regulations 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
described in section 75H(18), regulations under section 75G about
evidence to be produced may require statutory declarations as to—

(a) 30eligibility 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
subsection (3) (affirmative procedure required), after “75A, 75B,” there is
inserted “75E, 75F(16), 75G, 75H(16), (17) or (18)”.

109 35Exclusion 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) in subsection (3), after paragraph (b) there is inserted—

“(ba) may allow an employee to bring forward the date on
40which an ordinary maternity leave period ends, subject
to prescribed restrictions and subject to satisfying
prescribed conditions;

(bb) may allow an employee in prescribed circumstances to
revoke, or to be treated as revoking, the bringing
45forward of that date;”;

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

“(3A) Provision under subsection (3)(ba) is to secure that an employee
may bring forward the date on which an ordinary maternity
leave period ends only if the employee or another person has
5taken, or is taking, prescribed steps as regards leave under
section 75E or statutory shared parental pay in respect of the
child.”

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

(a) in subsection (3)(a), for the words from “to choose” to the end there is
10substituted “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
15revoke, or to be treated as revoking, the bringing
forward of that date;”;

(c) after 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
20leave 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.”

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

(a) 25in subsection (2A), after “subsection (2)” there is inserted “—

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

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

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

(c) 35after subsection (2A) there is inserted—

“(2B) Provision under subsection (2A)(a) is to secure that an
employee 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
40under section 75G or statutory shared parental pay in respect of
the child.”

(5) In 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
45leave 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 adoption
leave period ends only if the employee or another person has
taken, or is taking, prescribed steps as regards leave under
10section 75G or statutory shared parental pay in respect of the
child.”

(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
15takes leave under section 75E in respect of a child, the employee may
not take leave under this section in respect of the child.”

(7) In 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
20takes leave under section 75G in respect of a child, the employee may
not take leave under this section in respect of the child.”

Statutory shared parental pay

110 Statutory shared parental pay

(1) In the Social Security Contributions and Benefits Act 1992, after section 171ZT
25there is inserted—

“Part 12ZC

Statutory shared parental pay

171ZU Entitlement: birth

(1) Regulations 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
30with the following provisions of this Part to payments to be known as
“statutory shared parental pay”.

(2) The conditions are—

(a) that the claimant mother and another person (“P”) satisfy
prescribed conditions as to caring or intending to care for the
35child;

(b) that P satisfies prescribed conditions—

(i) as to employment or self-employment,

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

(iii) 40as to relationship either with the child or with the
claimant mother;