Paternity Leave and Benefit Act 2016

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Postponement of paternity leave in event of hospitalisation of child

12. (1) Subject to subsection (2), a relevant parent who is entitled to, or is on, paternity leave may, if the child in connection with whose birth or adoption he or she is entitled to, or is on, the leave concerned (in this section referred to as “the child”) is hospitalised, request in writing (or cause a written request to be submitted to) his or her employer to postpone the leave or part of it as may be appropriate.

(2) An employer who receives a request under subsection (1) may agree to postpone the leave concerned and, if the employer does so—

(a) the relevant parent concerned shall continue to work or, as the case may be, shall return to work on a date agreed by him or her and the employer that is not later than the date on which the leave concerned is due to end in accordance with the notification given by the relevant parent to the employer in accordance with subsection (2) or (5) of section 7 , section 13 (2) or 14 (2), as the case may be,

(b) the leave concerned shall be postponed with effect from the date agreed under paragraph (a),

(c) the relevant parent concerned shall, subject to subsection (4), be entitled to the leave concerned or part of it, as the case may be, not taken by him or her by reason of the postponement (in this section referred to as “postponed leave”), and

(d) the postponed leave is to be taken in one continuous period commencing not later than 7 days after the discharge of the child from hospital or such other date as may be agreed between the relevant parent and the employer.

(3) An employer who receives a request under subsection (1) shall notify the relevant parent concerned in writing of the employer’s decision in relation to the request as soon as reasonably practicable following the receipt of it.

(4) Where, following the postponement of leave under this section, an employee returns to work in accordance with subsection (2)(a) and during the period of the postponement he or she is absent from work due to sickness, the employee shall be deemed to commence postponed leave on the first day of such absence unless he or she notifies his or her employer in writing (or causes his/her employer to be so notified) as soon as reasonably practicable that he or she does not wish to commence such leave and, following such notification—

(a) the absence from work of the employee due to sickness shall be treated in the same manner as any absence from work of the employee due to sickness, and

(b) the employee shall not be entitled to the postponed leave.

(5) Entitlement to postponed leave shall, subject to subsection (6), be subject to a relevant parent having notified his or her employer in writing (or caused his/her employer to be so notified) as soon as reasonably practicable but not later than the day on which the leave begins of his or her intention to commence such leave.

(6) An employer may waive the right to receive a notification in accordance with subsection (5).

(7) A notification under subsection (5) may be revoked by a further notification in writing given by or on behalf of the relevant parent concerned to his or her employer within the period specified in that subsection for the giving of the notification concerned.