Paternity Leave and Benefit Act 2016
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Abuse of paternity leave | ||
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16. (1) Where an employer has reasonable grounds for believing that an employee of his or hers who is on paternity leave is not using the leave for the purpose specified in section 6 (1), the employer may, by notice in writing given to the employee, terminate the leave and the notice shall contain a statement in summary form of the grounds for terminating the leave and shall specify the day (being a day not later than the date of the end of the period of the leave specified in the notification given in accordance with subsection (2) or (5) of section 7 , section 13 (2) or 14 (2), as the case may be,nor, subject to the foregoing requirement, earlier than 7 days after the date of the receipt by the employee concerned of the notice) by which the employee must return to work. | ||
(2) Where paternity leave is terminated under subsection (1), the employee concerned shall return to his or her employment on the day specified in the notice under that subsection and any period between the date of such return and the date of the end of the period of the leave specified in the notification given in accordance with subsection (2) or (5) of section 7 , section 13 (2) or 14 (2), as the case may be, shall be deemed not to be paternity leave. | ||
(3) Where an employee has notified his or her employer in writing in accordance with subsection (2) or (5) of section 7 , section 13 (2) or 14 (2), as the case may be, and the employer has reasonable grounds for believing that the employee is not entitled to the paternity leave concerned, the employer may, by notice in writing given to the employee, refuse to grant the leave to the employee and, if the employer does so, the employee shall not be entitled to take the paternity leave concerned. | ||
(4) A notice under subsection (3) shall contain a statement in summary form of the grounds for refusing to grant the paternity leave concerned. | ||
(5) Where an employer proposes to give a notice under subsection (1) or (3) to an employee of his or hers, the employer shall, before giving the notice, notify in writing the proposal to the employee and the notification shall contain a statement in summary form of the grounds for terminating, or, as the case may be, refusing to grant, the paternity leave concerned and a statement that the employee may, within 7 days of the receipt of the notification, make representation to the employer in relation to the proposal; and any such representations made by an employee to an employer within the period aforesaid shall be considered by the employer before he or she decides whether to give a notice under subsection (1) or (3), as the case may be, to the employee. | ||
(6) A person shall retain a notice given to him or her under this section. | ||
(7) A person who gives a notice under this section shall retain a copy of the notice. | ||
(8) A reference in this section to paternity leave includes a reference to transferred paternity leave and accordingly— | ||
(a) the reference in subsection (1) to purpose shall be construed as a reference to the purpose specified in section 15 (1), and | ||
(b) a reference in subsection (1), (2) or (3) to a notification by the employee shall be construed as a reference to a notification by the employee under section 15 (3). |