Regulation 6

ScheduleNEONATAL CARE LEAVE IN SPECIAL CIRCUMSTANCES

schedule paragraph 1 + 1.  Where, after the employee has accrued entitlement to statutory neonatal care leave, C dies, paragraph 5 applies in relation to the employee’s entitlement to neonatal care leave beginning with the day after the day on which C dies.

schedule paragraph 2 + 2.  Where, after C has been placed with the adopter or prospective adopter and the employee has accrued entitlement to statutory neonatal care leave, the placement is disrupted or C dies, paragraph 5 applies in relation to the employee’s entitlement to neonatal care leave beginning with the day after the day on which the placement is disrupted or C dies.

schedule paragraph 3 + 3.  Where, after C has entered Great Britain and the employee has accrued entitlement to neonatal care leave, C dies or ceases to live with the overseas adopter, paragraph 5 applies in relation to the employee’s entitlement to neonatal care leave beginning with the day after the day on which C dies or ceases to live with the overseas adopter.

schedule paragraph 4 + 4.  Where, after the employee has accrued entitlement to neonatal care leave, C dies or the parental order does not proceed, paragraph 5 applies in relation to the employee’s entitlement to neonatal care leave beginning with the day after the day on which C dies or the parental order does not proceed.

schedule paragraph 5 + 5.  Where this paragraph applies, these regulations apply as if regulation 5(5) were omitted.

schedule paragraph 6 + 6.—(1) Where the parental order does not proceed the modifications set out at sub-paragraphs (2) and (3) below apply to the employee in relation to any qualifying period C spends in neonatal care beginning with the day after the day on which the parental order does not proceed.

(2) The employee is to be regarded as falling within the definition of “partner” in regulation 5(2)(a)(iii) if they fell within the definition on the day before the day the parental order does not proceed.

(3) In paragraph (2) of regulation 5 substitute “on the day before the day the parental order does not proceed” for “at the time of C’s birth” for the purpose of satisfying the condition in sub-paragraph (b).

schedule paragraph 7 + 7.—(1) In paragraphs 4 and 6, the day on which the parental order does not proceed is a reference to the day on which the time limit for:

schedule paragraph 7 1 a + (a)making an application under section 54 or 54A of the Human Fertilisation and Embryology Act 2008 expires, or

schedule paragraph 7 1 b + (b)appealing or making a new application following the refusal, withdrawal or other termination of the order expires.