UK Statutory Instrument
2002
United Kingdom
Paternity and Adoption Leave Regulations 2002
These Regulations relate to the new rights to paternity and adoption leave provided for in the Employment Act 2002. The relevant provisions are incorporated by that Act into the Employment Rights Act 1996 (“the 1996 Act”).
At a glance
Enforced by
What's here
11 compliance obligations, 3 practical guides
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Employer 10
- Employee 1
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
3 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Employers also bound by 192 other Acts (top 5 shown)
- Provision and Use of Work Equipment Regulations 1998 1998 176 duties
- The Income Tax (Pay As You Earn) Regulations 2003 2003 123 duties
- Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 1996 84 duties
- Employment Rights Act 1996 1996 56 duties
- Electricity at Work Regulations 1989 1989 52 duties
Employees also bound by 33 other Acts (top 5 shown)
- EU Regulation 561/2006 (Drivers' Hours) - Retained EU Law 2006 8 duties
- The Income Tax (Pay As You Earn) Regulations 2003 2003 6 duties
- Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 2002 4 duties
- Regulatory Reform (Fire Safety) Order 2005 (England/Wales comparison) 2005 4 duties
- Fire Safety (Scotland) Regulations 2006 2006 4 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Entitlement to paternity leave: birth
- Grant paternity leave to eligible employees Employer
Notice and evidential requirements for leave under regulation 4
- Give written notice and declaration for paternity leave Employee
Entitlement to paternity leave: adoption
- Grant paternity leave for adoption when employee meets the criteria Employer
Notice and evidential requirements for leave under regulation 8
- Manage employee adoption/paternity leave notices Employer
Right to return after paternity leave
- Allow employee to return to their previous job after paternity leave Employer
Incidents of the right to return after paternity leave
- Maintain employee rights when they return from paternity leave Employer
Entitlement to ordinary adoption leave
- Allow eligible employee to take ordinary adoption leave Employer
Notice and evidential requirements for ordinary adoption leave
- Provide adoption‑leave dates and manage employee notice Employer
Redundancy: adoption leave
- Offer suitable alternative employment if redundant during adoption leave Employer
Incidents of the right to return from adoption leave
- Reinstate employee on return from adoption leave with same rights Employer
Contractual rights to paternity or adoption leave
- Apply the most favourable paternity or adoption leave entitlement Employer
Browse 22 other sections — procedural / definitional / commencement
Citation and commencement
Interpretation
Application
Options in respect of leave under regulation 4
Commencement of leave under regulation 4
Options in respect of leave under regulation 8
Commencement of leave under regulation 8
Application of terms and conditions during paternity leave
Options in respect of ordinary adoption leave
Duration and commencement of ordinary adoption leave
Application of terms and conditions during ordinary adoption leave and additional adoption leave
Additional adoption leave: entitlement, duration and commencement
Application of terms and conditions during additional adoption leave
Disrupted placement in the course of adoption leave
Dismissal during adoption leave
Requirement to notify intention to return during adoption leave period
Right to return after adoption leave
Protection from detriment
Unfair dismissal
Calculation of a week’s pay
Change in circumstances
Work during adoption leave period
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Acas — managing maternity leave and pay (opens in a new tab) Detailed Guidance
- Recover statutory payments from HMRC (opens in a new tab) Detailed Guidance
- Employee rights when on leave (KIT days, redundancy, holiday) (opens in a new tab) Detailed Guidance
- Adoption pay and leave (opens in a new tab) Detailed Guidance
- Shared Parental Leave and Pay — employer guide (opens in a new tab) Detailed Guidance
- Maternity pay and leave — employee guide (opens in a new tab) Detailed Guidance
- Statutory Maternity Pay and Leave — employer guide (opens in a new tab) Detailed Guidance
- Paternity pay and leave (opens in a new tab) Detailed Guidance
- ACAS guidance on Employment Rights Act 2025 (opens in a new tab) Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
HMRC
PrimaryHM Revenue & Customs
Tax collection, customs duties, national insurance, tax credits, and enforcement of the National Minimum Wage. Regulates all UK businesses for tax compliance …
Employment Tribunal (England, Wales & Scotland)
Statutory tribunal under HM Courts & Tribunals Service. Adjudicates and enforces individual employment-rights disputes under the Employment Rights Act 1996 (Part XIII) …
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