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 fathers sickness or the other parents 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 employers 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.]

Annotations

Amendments:

F36

Inserted (18.10.2004) by Maternity Protection (Amendment) Act 2004 (28/2004), s. 11, S.I. No. 652 of 2004.

F37

Substituted (4.05.2020) by Children and Family Relationships Act 2015 (9/2015), s. 176(c), S.I. No. 624 of 2019.