Part 2ENTITLEMENT TO NEONATAL CARE LEAVE
Notice requirements for neonatal care leave
regulation 10 10.—(1) An employee must give their employer notice of their intention to take any absence from work as neonatal care leave specifying—
regulation 10 1 a (a)the name of the person giving notice to take neonatal care leave;
regulation 10 1 b (b)C’s date of birth and where relevant—
regulation 10 1 b i (i)in cases of adoption, the date C is placed, or
regulation 10 1 b ii (ii)in cases of overseas adoption, the date C enters Great Britain;
regulation 10 1 c (c)the date that C started to receive neonatal care or, if the notice covers each date that C started to receive neonatal care such dates that C started to receive neonatal care on;
regulation 10 1 d (d)if C is no longer receiving neonatal care, the date the neonatal care ended;
regulation 10 1 e (e)the date on which the employee chooses the period of absence to begin;
regulation 10 1 f (f)the number of weeks of neonatal care leave the notice is being given for;
regulation 10 1 g (g)that the employee is taking the leave to care for C; and
regulation 10 1 h (h)if it is the first time notice is given in respect of C, confirmation that the person claiming the statutory neonatal care leave meets the condition specified in regulations 5(2), (3) or (4).
(2) Where a person has given notice to their employer before C has stopped receiving neonatal care, the person must inform their employer of the date that the neonatal care ends, as soon as is reasonably practicable after that date.
(3) Where C starts to receive neonatal care again after the employee has notified their employer that neonatal care has ended, the employee must inform their employer of the date that the neonatal care started again and the date when it ends, as soon as reasonably practicable after each date.
(4) Where an employee intends to be absent in the tier 1 period, notice must be given in respect of each week of such leave—
regulation 10 4 a (a)before the employee is due to start work on the employee’s first day of absence from work in that week, or
regulation 10 4 b (b)in a case where it is not reasonably practicable for the employee to give notice in accordance with sub-paragraph (a), as soon as reasonably practicable.
(5) Where an employee intends to be absent in the tier 2 period, the employee must give the notice in writing in accordance with sub paragraph (a) or (b)—
regulation 10 5 a (a)for a single week of neonatal care leave, notice must be given no later than 15 days before the first day of the neonatal care leave to which the notice relates;
regulation 10 5 b (b)for two or more consecutive weeks of neonatal care leave, notice must be given no later than 28 days before the first day of the neonatal care leave to which the notice relates.
(6) An employee who has given notice to take leave in the tier 2 period in accordance with paragraph (5) (“the original notice”) may withdraw the original notice in writing in accordance with sub paragraph (a) or (b)—
regulation 10 6 a (a)where the original notice was given in relation to a single week beginning in the tier 2 period, a notice of withdrawal must be given no later than 15 days before the first day of the week to which the original notice relates;
regulation 10 6 b (b)where the original notice was given in relation to two or more consecutive weeks beginning in the tier 2 period, a notice of withdrawal must be given no later than 28 days before the first day of the first week to which the original notice relates.
(7) Notwithstanding the provisions in paragraphs (1) to (6) of this regulation the employee and employer can mutually agree to waive the requirement to give notice and in such cases the employee will be treated as having given notice in accordance with this regulation.