Paternity and Adoption Leave Regulations 2002
What this means for your business
- Applies to
- United Kingdom
- On this page
- 11 compliance obligations, 1 practical guide
What you must do
11 compliance obligations under this legislation.
Management duties 10
Allow eligible employee to take ordinary adoption leave
If one of your staff is an adopter and has given the required notice and evidence, you must grant them ordinary adoption leave. This entitlement applies even if more than one child is placed as part of the same adoption arrangement.
Allow employee to return to their previous job after paternity leave
When an employee finishes paternity leave you must let them go back to the same job they had before they left. If that job cannot realistically be offered, you must provide a suitable alternative role that matches their skills and the circumstances.
Apply the most favourable paternity or adoption leave entitlement
If one of your staff is entitled to paternity or adoption leave under the law and also has a matching right in their employment contract, you must treat the two together. You cannot let the employee take the statutory leave and the contractual leave separately – you must give them whichever option is more beneficial in each respect, applying the statutory rules but adjusted for any better contractual terms.
Grant paternity leave for adoption when employee meets the criteria
If one of your staff is the partner of an adopting parent and has been with you for at least 26 weeks, they can take paternity leave to help care for the child. You must accept their notice and any evidence they provide and give them the leave they’re entitled to.
Grant paternity leave to eligible employees
When an employee satisfies the statutory eligibility tests and gives the required notice, you must allow them to take paternity leave to care for their newborn or support the mother. You need a clear process for receiving the notice and any evidence, and you must not treat the employee unfairly for taking the leave.
Maintain employee rights when they return from paternity leave
When an employee comes back from paternity leave (or from combined statutory leave that includes adoption or maternity leave), you must put them back in their job with the same seniority, pension and other accrued rights, and on terms no less favourable than if they had never been away. This means you cannot downgrade their pay, conditions or benefits because they took the leave.
Manage employee adoption/paternity leave notices
When an employee wants to take adoption (paternity) leave, you must receive a written notice stating the dates they intend to take off and a declaration that they meet the eligibility conditions. You also need to handle any changes or cancellations of that leave according to the timing rules and keep a record of all notices.
Offer suitable alternative employment if redundant during adoption leave
If you have to make an employee redundant while they are on statutory adoption leave or the extra protection period that follows, you must first look for any suitable vacancy and offer the employee a new contract of work. The new role must suit the employee and must not be substantially less favourable than their existing terms.
Provide adoption‑leave dates and manage employee notice
When an employee tells you they intend to take ordinary adoption leave, you must keep a record of their notice and, if you ask for it, obtain the adoption‑agency documents they provide. Within 28 days of receiving that notice you must inform the employee of the start date of any additional adoption leave they will be entitled to after the ordinary leave ends.
Reinstate employee on return from adoption leave with same rights
When an employee finishes adoption leave you must let them back to work with the same seniority, pension and any other employment rights they would have had if they had never been away, and you cannot put them on less favourable terms and conditions. This applies whether the leave is a single period of ordinary adoption leave or consecutive periods of statutory leave.
Notifications 1
Give written notice and declaration for paternity leave
When an employee wants to take paternity leave, they must tell you the expected week of the child's birth and provide a written statement that they meet the eligibility conditions. They also have to tell you the exact start date and length of the leave, and confirm the leave is for the purpose set out in the regulations, all within the time limits set out below.
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
33 classified provisions from this legislation.
Duties 11
- s.4 Entitlement to paternity leave: birth
- s.6 Notice and evidential requirements for leave under regulation 4
- s.8 Entitlement to paternity leave: adoption
- s.10 Notice and evidential requirements for leave under regulation 8
- s.13 Right to return after paternity leave
- s.14 Incidents of the right to return after paternity leave
- s.15 Entitlement to ordinary adoption leave
- s.17 Notice and evidential requirements for ordinary adoption leave
- s.23 Redundancy: adoption leave
- s.27 Incidents of the right to return from adoption leave
- s.30 Contractual rights to paternity or adoption leave modifications necessary
Definitions 3
- s.2 Interpretation the 1996 Act additional adoption leave additional maternity leave
- s.12 Application of terms and conditions during paternity leave terms and conditions of employment
- s.19 Application of terms and conditions during ordinary adoption leave and additional adoption leave terms and conditions of employment