• The Kaplan Team

THOUGHT OF THE WEEK New parental leave & adoption leave provisions

Parental Leave

The employee is entitled to at least 10 consecutive days’ unpaid parental leave commencing on the day that: the employee’s child is born; an adoption order is granted; or the child is placed in the care of the employee as a prospective adoptive parent by a competent court, pending the finalisation of an adoption order.

The employee must notify the employer in writing of the intention to take parental leave and the commencement and termination date at least 1 month before or if it is not reasonably practicable to do so as soon as reasonably possible.


Adoption Leave

If the employee is an adoptive parent of a child below the age of 2 they shall be entitled to at least 10 consecutive weeks unpaid leave commencing on the day that: an adoption order is granted; or the child is placed in the care of the employee as a prospective adoptive parent by a competent court, pending the finalisation of an adoption order.

The employee must notify the employer in writing of the intention to take adoption leave and the commencement and termination date at least 1 month before or if it is not reasonably practicable to do so as soon as reasonably possible.

If an adoption order is made in respect of the employee and another adoptive parent or a competent court places the child in the care of the employee and another adoptive parent, pending the finalisation of an adoption order and the other adoptive parent, at the election of the adoptive parents, applies for adoption leave then the employee shall not also be entitled to adoption leave, but may apply for parental leave set out above.


Commissioning parental leave

If the employee is a commissioning parent in a surrogate motherhood agreement they shall be entitled to at least 10 consecutive weeks unpaid leave or parental leave set out above commencing on the day that the child is born.

The employee must notify the employer in writing of the intention to take commissioning parental leave and the commencement and termination date at least 1 month before the child is expected to be born or if it is not reasonably practicable to do so as soon as reasonably possible.


If the employee is 1 of 2 commissioning parents and the other commissioning parent, at the election of the commissioning parents, applies for commissioning parental leave then the employee shall not also be entitled to commissioning parental leave, but may apply for parental leave set out above.


Please contact our Labour department should you require assistance.


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