Section 75G — Entitlement to shared parental leave: adoption

(1) [F1 [F2 The Secretary of State may make regulations entitling an employee who satisfies specified conditions—]]

(a) [F1 [F2 as to duration of employment,]]

(b) [F1 [F2 as to being a person with whom a child is, or is expected to be, placed for adoption under the law of any part of the United Kingdom,]]

(c) [F1 [F2 as to caring or intending to care, with another person (“P”), for the child,]]

(d) [F1 [F2 as to entitlement to adoption leave,]]

(e) [F1 [F2 as to the exercise of that entitlement and the extent of any such exercise,]]

(f) [F1 [F2 as to giving notice of an intention to exercise an entitlement to leave under this subsection, and]]

(g) [F1 [F2 as to the consent of P to the amount of leave under this subsection that the employee intends to take,]]

[F1 [F2 to be absent from work on leave under this subsection for the purpose of caring for the child.]]

(2) [F1 [F2 Regulations under subsection (1) may provide that the employee's entitlement is subject to the satisfaction by P of specified conditions—]]

(a) [F1 [F2 as to employment or self-employment,]]

(b) [F1 [F2 as to having earnings of a specified amount for a specified period,]]

(c) [F1 [F2 as to caring or intending to care, with the employee, for the child, and]]

(d) [F1 [F2 as to relationship with the child or the employee.]]

(3) [F1 [F2 Provision under subsection (1)(f) may require the employee to give notice to the employer about—]]

(a) [F1 [F2 the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of P to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay);]]

(b) [F1 [F2 how much of the entitlement to leave the employee intends to exercise;]]

(c) [F1 [F2 the extent to which P intends to exercise an entitlement to leave under subsection (4) or to statutory shared parental pay.]]

(4) [F1 [F2 The Secretary of State may make regulations entitling an employee who satisfies specified conditions—]]

(a) [F1 [F2 as to duration of employment,]]

(b) [F1 [F2 as to relationship with a child placed, or expected to be placed, for adoption under the law of any part of the United Kingdom or with a person (“A”) with whom the child is, or is expected to be, so placed,]]

(c) [F1 [F2 as to caring or intending to care, with A, for the child,]]

(d) [F1 [F2 as to giving notice of an intention to exercise an entitlement to leave under this subsection, and]]

(e) [F1 [F2 as to the consent of A to the amount of leave under this subsection that the employee intends to take,]]

[F1 [F2 to be absent from work on leave under this subsection for the purpose of caring for the child.]]

(5) [F1 [F2 Regulations under subsection (4) may provide that the employee's entitlement is subject to the satisfaction by A of specified conditions—]]

(a) [F1 [F2 as to employment or self-employment,]]

(b) [F1 [F2 as to having earnings of a specified amount for a specified period,]]

(c) [F1 [F2 as to caring or intending to care, with the employee, for the child,]]

(d) [F1 [F2 as to entitlement (or lack of entitlement) to adoption leave or statutory adoption pay, and]]

(e) [F1 [F2 as to the exercise of any such entitlement and the extent of any such exercise.]]

(6) [F1 [F2 Provision under subsection (4)(d) may require the employee to give notice to the employer about—]]

(a) [F1 [F2 the amount of leave to which the employee would be entitled if the entitlement were fully exercised (disregarding for these purposes any intention of A to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay);]]

(b) [F1 [F2 how much of the entitlement to leave the employee intends to exercise;]]

(c) [F1 [F2 the extent to which A intends to exercise an entitlement to leave under subsection (1) or to statutory shared parental pay.]]

(7) [F1 [F2 Regulations under subsections (1) and (4) are to provide for leave in respect of a child placed, or expected to be placed, under section 22C of the Children Act 1989 by a local authority in England with a local authority foster parent who has been approved as a prospective adopter.]]

(8) [F1 [F2 This section and section 75H have effect in relation to regulations made by virtue of subsection (7) as if references to a child being placed for adoption under the law of any part of the United Kingdom were references to being placed under section 22C of the Children Act 1989[F3 , or section 81 of the Social Services and Well-being (Wales) Act 2014] with a local authority foster parent who has been approved as a prospective adopter.]]

Amendment notes

1. F1 Pt. 8 (ss. 71-80) substituted for Pt. 8 (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. 1; S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. 2 (with transitional provisions in Sch. 3 para. 10)
2. F2 Pt. 8 Ch. 1B (ss. 75E-75K) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 117(1), 139(6); S.I. 2014/1640, art. 3(1)(a)
3. F3 Words in s. 75G(8) inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 146(b)