Part 2ENTITLEMENT TO NEONATAL CARE LEAVE

Entitlement to neonatal care leave

5.—(1) An employee is entitled to be absent from work to take neonatal care leave for one week in respect of each qualifying period that C has spent in neonatal care if that employee—

(a)satisfies the condition specified in one of paragraphs (2), (3) or (4) and the condition in paragraph (5), and

(b)complies with the notice requirements in regulation 10.

(2) At the date of birth—

(a)the employee is—

(i)C’s parent, or

(ii)an intended parent of C, or

(iii)the partner of C’s mother, and

(b)the employee has or expects to have—

(i)if they are C’s parent or intended parent, responsibility for the upbringing of C;

(ii)if they are the partner of C’s mother, the main responsibility (apart from any responsibility of the mother) for the upbringing of C.

(3) At the date C is placed—

(a)the employee is—

(i)C’s adopter, or

(ii)C’s prospective adopter, or

(iii)the partner of C’s adopter, or

(iv)the partner of C’s prospective adopter, and

(b)the employee has or expects to have—

(i)if they are C’s adopter or prospective adopter, responsibility for the upbringing of C;

(ii)if they are the partner of C’s adopter or prospective adopter, the main responsibility (apart from any responsibility of their partner) for the upbringing of C.

(4) At the date C enters Great Britain—

(a)the employee is—

(i)an overseas adopter; or

(ii)the partner of an overseas adopter; and

(b)the employee has or expects to have—

(i)if they are C’s overseas adopter, responsibility for the upbringing of C;

(ii)if they are the partner of C’s overseas adopter, the main responsibility (apart from any responsibility of their partner) for the upbringing of C.

(5) They are taking the leave to care for C.