Paternity Leave and Benefit Act 2016
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Notification of intention to return to work | ||
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24. (1) Subject to subsection (2), where an employee intends to take paternity leave, the employee shall cause the employer (or, if aware of a change of ownership of the undertaking concerned, the successor) to be notified in writing, at the same time as the employee notifies the employer of intention to take the leave, in accordance with subsection (2) or (5) of section 7 , section 13 (2), 14 (2) or 15 (3), as the case may be, of the length of the leave that the employee intends to take. | ||
(2) Where an employee intends to take postponed leave within the meaning of section 11 or 12 , the employee shall cause the employer (or, if aware of a change of ownership of the undertaking concerned, the successor) to be notified in writing— | ||
(a) at the same time as the relevant notification is given by the employee under section 11 (1) or 12 (5), as the case may be, or | ||
(b) if the employer, under section 11 (5) or 12 (6), waives the right to receive such notification, not later than the day on which the employee expects to return to work, | ||
of the employee’s intention to return to work and of the date on which the employee expects to do so. | ||
(3) Where an employee is absent from work and has been deemed under section 12 (4) to be on postponed leave, the employee shall cause the employer (or, if aware of a change of ownership of the undertaking concerned, the successor) to be notified in writing, as soon as reasonably practicable after the beginning of the absence from work of the employee owing to sickness but not later than the date on which the employee expects to return to work, of the employee’s intention to return to work and of the date on which the employee expects to do so. | ||
(4) Where, in the opinion of an adjudication officer or the Labour Court, there are reasonable grounds— | ||
(a) for an employee’s failure to give notification under subsection (1), (2) or (3), as the case may be, or | ||
(b) for an employee giving such notification otherwise than within the specified time limits, | ||
the adjudication officer or the Labour Court, as the case may be, shall extend the time for giving the notification. | ||
(5) In the absence of reasonable grounds— | ||
(a) failure to give notification under subsection (1), (2) or (3), as the case may be, or | ||
(b) the giving of such notification otherwise than within the specified time limits, | ||
are matters that may be taken into account by an adjudication officer or the Labour Court in determining the employee’s rights under the Act of 1977, this Act or any other relevant enactment, so far as the remedies of re-instatement, re-engagement or compensation are concerned. |