Paternity Leave and Benefit Act 2016


Postponement of paternity leave in event of sickness of relevant parent

11. (1) Where a relevant parent who has complied with subsection (2) or (5) of section 7 , section 13(2) or 14(2), as the case may be, becomes sick prior to the commencement of his or her paternity leave and wishes to postpone the paternity leave, he or she may, by notice in writing given to his or her employer as soon as reasonably practicable after becoming sick and accompanied by the relevant evidence in respect of the sickness, postpone the taking of the leave to such time as the relevant parent is no longer sick and the entitlement to such leave (in this section referred to as “postponed leave”) is subject to the relevant parent concerned having, subject to subsection (5), notified his or her employer in writing (or caused his or her employer to be so notified) as soon as reasonably practicable but not later than the day on which the postponed leave begins of his or her intention to commence such leave.

(2) Where a relevant parent is absent from work due to the postponement of paternity leave under this section, such absence shall be treated in the same manner as any absence from work of the relevant parent due to sickness.

(3) A period of postponed leave shall, other than where section 13(1) or 14(1) applies, end not later than 28 weeks after the date of confinement or day of placement, as the case may be.

(4) Where section 13(1) or 14(1) applies, the period of postponed leave shall commence not later than 7 days after the relevant parent is no longer sick or on such other date as may be agreed between the relevant parent and the employer.

(5) An employer may waive the right to receive a notification in accordance with subsection (1).

(6) A notification under subsection (1) may be revoked by a further notification in writing given by or on behalf of the relevant parent concerned to his or her employer within the period specified in that subsection for the giving of the notification concerned.