Paternity and Adoption Leave Regulations 2002

Paternity and Adoption Leave Regulations 2002

Parliament of the United Kingdom
Citation	SI 2002/2778
Territorial extent	England and Wales; Scotland; Northern Ireland
Status: Current legislation
Text of statute as originally enacted

The Paternity and Adoption Leave Regulations 2002 (SI 2002/2788) are a statutory instrument concerning UK labour law. They confer on fathers a bare right to two weeks leave, paid at £140.98 in 2017,^[1] for the purpose of looking after children.

The Paternity and Adoption Leave Regulations 2002 regulations 5-14 concern paternity rights, regulations 16-27 concern adoption, and 28-31 contain provisions which apply to both kinds of leave.

• r 4 expected date of birth;
• r 5 leave must be taken between the date of birth and 56 days later
• r 6 up to two consecutive weeks leave for paternity at the low rate of maternity pay
• r 8 paternity leave must be taken for the purposes of caring for a child or supporting the child’s mother or adopter
• r 10 notice requirements for paternity
• r 12 contract subsists
• r 13 right to return to the same job after a period of leave, so long as no more than 4 weeks parental leave has been taken as well
• r 14 same seniority, pensions and other rights as if not absent
• rr 15-20 period of adoption leave equivalent to maternity for the primary carer of the child
• r 17 notice before the expected date of placement
• r 20 provision for non-placement or death of a child
• r 28, no detriment for wanting to take or taking paternity or adoption leave, as under ERA 1996 s 47C
• r 29, under ERA 1996 s 99, employee will be regarded as unfairly dismissed if the principal reason was about paternity or adoption leave.
• r 30, one has to choose between paternity leave and adoption leave, but cannot choose both.
• r 31, pay is calculated as the average amount in the 12 weeks before the leave.

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• Child care in the United Kingdom
• Tax Credits and Child tax credit, Working tax credit