Part 2ENTITLEMENT TO NEONATAL CARE LEAVE

Entitlement to neonatal care leave in special circumstances

6.—(1) Paragraph 1 of the Schedule applies to an employee who is C’s parent or the partner of C’s mother where C dies before the end of the period in which neonatal care leave can be taken.

(2) Paragraph 2 of the Schedule applies to an employee who is C’s adopter, prospective adopter or the partner of C’s adopter or prospective adopter where before the end of the period in which neonatal care leave can be taken—

(a)C dies; or

(b)C is returned after having been placed for adoption.

(3) Paragraph 3 of the Schedule applies to an employee who is C’s overseas adopter or their partner where before the end of the period in which neonatal care leave can be taken—

(a)C dies; or

(b)C ceases to live with the overseas adopter.

(4) Paragraph 4 of the Schedule applies to an employee who is the intended parent of C where before the end of the period during which neonatal care leave can be taken C dies, or the parental order does not proceed because—

(a)the intended parent does not apply for a parental order for C within the time limit in section 54(3) or 54A(2) of the Human Fertilisation and Embryology Act 2008(1) for making such an application; or

(b)the application is refused, withdrawn or otherwise terminated without the order being granted and any time limit for an appeal or new application has expired.

(5) Paragraph 6 of the Schedule applies to an employee who is C’s parent or the partner of C’s mother where before the end of the period during which neonatal care leave can be taken the parental order does not proceed because—

(a)the intended parent does not apply for a parental order for C within the time limit in section 54(3) or 54A(2) of the Human Fertilisation and Embryology Act 2008 for making such an application; or

(b)the application is refused, withdrawn or otherwise terminated without the order being granted and any time limit for an appeal or new application has expired.