Maternity Protection Act 1994

F36 [ Termination of leave in event of sickness of F37 [ father or other parent ] .

16A

16A. (1) If, at any time

( a ) during the last 4 weeks of subsection (1)(a) leave, whether or not such leave or part of it is postponed under section 16B and where, in accordance with section 16(6) , a F37 [ father or other parent ] has, or is deemed under section 16B(2) to have, notified his employer, or caused his employer to be notified, of his intention to take further leave under section 16(4) , or

( b ) during subsection (1)(b) leave or a period of further leave under section 16(4) , whether or not such leave or a part of it is postponed under section 16B,

a F37 [ father or other parent ] who is sick wishes to terminate his subsection (1)(b) leave or a period of further leave under section 16(4) , as the case may be, he may request in writing (or cause a written request to be submitted to) his employer to terminate that leave.

(2) An employer who receives a request under subsection (1) may agree to terminate the leave concerned of the F37 [ father or other parent ] concerned and, if the employer does so, the leave concerned shall terminate on a date agreed by the F37 [ father or other parent ] and the employer that is not earlier than the date of the commencement of F37 [ the father s sickness or the other parent s sickness ] and not later than the date on which the leave concerned would have ended in accordance with the notification given by the F37 [ father or other parent ] to the employer under subsection (2)(a) or (6) of section 16 or section 16B(7) , as the case may be.

(3) An employer who receives a request under subsection (1) shall notify the F37 [ father or other parent ] concerned in writing of the employer s decision in relation to the request as soon as reasonably practicable following the receipt of it.

(4) Where the leave of a F37 [ father or other parent ] is terminated under this section

( a ) the absence from work of the F37 [ father or other parent ] due to sickness following such termination shall be treated in the same manner as any absence from work of the F37 [ father or other parent ] due to sickness, and

( b ) the F37 [ father or other parent ] shall not be entitled to the subsection (1)(b) leave or further leave under section 16(4) , as the case may be, or the part of such leave not taken by him at the date of such termination. ]