The Parental Leave (EU Directive) Regulations 2013

• Citation: S.I. 2013/283
• Sections: 3

Section 1 Citation and commencement

These Regulations may be cited as the Parental Leave (EU Directive) Regulations 2013 and come into force on 8th March 2013.

Section 2 Amendment to the Employment Rights Act 1996

In section 80F of the Employment Rights Act 1996 (statutory right to request contract variation), at the end of subsection (8)(a)(ii) insert “(other than an agency worker who is returning to work from a period of parental leave under regulations under section 76)”.

Section 3 Amendments to the Maternity and Parental Leave etc. Regulations 1999

(1) The Maternity and Parental Leave etc. Regulations 1999 are amended as follows.

(2) In regulation 14 (extent of entitlement)—

(a) for paragraph (1) substitute—

(1) An employee is entitled to eighteen weeks’ leave in respect of any individual child.

(b) omit paragraph (1A).

(3) After regulation 16 (default provisions in respect of parental leave), insert—

Review

(16A)

(1) The Secretary of State must from time to time—

(a) carry out a review of regulations 13 to 16 and Schedule 2,

(b) set out the conclusions of the review in a report, and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Council Directive 2010/18/EU of 8 March 2010 implementing the revised framework agreement on parental leave (which is implemented by means of regulations 13 to 16 and Schedule 2) is implemented in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by those regulations,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which this regulation comes into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.