34. The Act of 1994 is amended—

(a) by the insertion of the following in section 2:

“ ‘paternity leave’ and ‘transferred paternity leave’ have the same meanings as they have in the Paternity Leave and Benefit Act 2016;”,

(b) in section 14—

(i) by the insertion, in subsection (1), of “and, where applicable, any period of transferred paternity leave taken by her” after “end of her maternity leave”, in both places in which it occurs, and

(ii) by the substitution of the following for subsection (4):

“(4) Notification under subsection (3) shall be given either at the same time as the relevant notification under section 9 or not later than four weeks before—

(a) the date which would have been the employee’s expected date of return to work under Part IV if she had not taken the additional maternity leave, or

(b) where the employee takes transferred paternity leave, the date on which the additional maternity leave is, under subsection (1), to commence.”,

(c) in section 14A(1), by the insertion of the following after subsection (4):

“(5) A reference in subsection (1) to the last 4 weeks of maternity leave shall, in the case of an employee who takes transferred paternity leave, be construed as a reference to the last 2 weeks of maternity leave and the period of that transferred paternity leave.”,

and

(d) in section 16—

(i) by the insertion, in subsection (1), of “and subject to subsection (10) ” after “with this section”,

(ii) by the substitution, in subsection (3), of “Subject to subsection (10) and section 16B,” for “Subject to section 16B,”,

(iii) by the insertion, in subsection (4), of “or, where applicable, paternity leave under section 13(1) of the Paternity Leave and Benefit Act 2016” after “his subsection (1)(a) leave” in both places where it occurs,

(iv) by the deletion, in subsection (6), of “under subsection (4).” and the substitution of the following:

“subsection (4) or, where he takes paternity leave under section 13(1) of the Paternity Leave and Benefit Act 2016, the date on which the further leave is, under subsection (4), to commence.”,

(v) in subsection (8) —

(I) by the insertion of “and paragraphs (a) and (b) of subsection (10)” after “subsections (1) and (4) ”, and

(II) by the substitution of “those subsections or paragraphs” for “those subsections”,

and

(vi) by the insertion of the following after subsection (9):

“(10) Where, on the date on which a person becomes entitled under subsection (1) to leave under that subsection, the person is on paternity leave, this section and sections 16A and 16B shall apply to the person subject to the following modifications and any other necessary modifications:

(a) where the person is entitled to subsection (1)(a) leave, the leave shall commence immediately after the end of the paternity leave and, subject to section 16B, end at the end of the twenty-fourth week following the end of the paternity leave;

(b) where the person is entitled to subsection (1)(b) leave, the leave shall commence immediately after the end of the paternity leave and, subject to sections 16A and 16B, end at the end of the fortieth week following the end of the paternity leave;

(c) a reference in this section and sections 16A and 16B to—

(i) subsection (1)(a) leave shall be deemed to include a reference to a period of leave to which paragraph (a) applies, and

(ii) subsection (1)(b) leave shall be deemed to include a reference to a period of leave to which paragraph (b) applies.”.