Section 18 — Parental Leave and Employment Protection Act 1987: Entitlement of other adoptive parent to partner's/paternity leave

18 Entitlement of other adoptive parent to partner's/paternity leave (1) Except as otherwise provided by this Act, every employee— (a) Who assumes (with a view to adoption by that employee or by that employee and that employee's spouse or partner jointly) the care of a child who is not more than 5 years of age; and (b) who, at the date on which he or she, with a view to adoption, first assumes the care of the child, will have been in the employment of the same employer for at least an average of 10 hours a week over— (i) the immediately preceding 12 months; or (ii) the immediately preceding 6 months,— shall be entitled to partner's/paternity leave in accordance with this Act. (2) An employee shall not be entitled to partner's/paternity leave in respect of a child by virtue of subsection (1) of this section if he or she has previously taken, in respect of that child, a period of leave, being— (a) Partner's/paternity leave under this Act; or (b) A period of leave in the nature of partner's/paternity leave under any Act other than this Act, or any employment agreement. The heading to section 18 was amended, as from 1 July 2002, by section 21 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7) by substituting the words “ partner's/paternity leave ” for the words “ paternity leave ” . The heading to section 18 was amended, as from 1 July 2002, by section 21 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7), by substituting the words “ other adoptive parent ” for the words “ adoptive father ” . Section 18 was amended, as from 1 July 2002, by section 21 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7) by substituting the words “ partner's/paternity leave ” for the words “ paternity leave ” . Subsection (1) was amended, as from 1 July 2002, by section 21 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7) by omitting the word “ male ” . Subsection (1)(a) was amended, as from 1 July 2002, by section 21 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7) by substituting the words “ by that employee or by that employee and that employee's spouse jointly ” for the words “ by him or by him and his spouse jointly ” . Subsection (1)(a) was amended, as from 26 April 2005, by section 8 Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18) by inserting the words “ or partner ” after the word “ spouse ” . Subsection (1)(b) was amended, as from 1 July 2002, by section 11 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7) by substituting the words “ for at least an average of 10 hours a week during that period ” for the words “ for at least 10 hours in each week ” . Subsection (1)(b) was amended, as from 1 July 2002, by section 21 of that Act by inserting the words “ or she ” after the word “ he ” . Subsection (1)(b) was substituted, as from 1 December 2004, by section 13 Parental Leave and Employment Protection Amendment Act 2004 (2004 No 89). See section 4 of that Act for the application of this amendment. See section 23 of that Act for the transitional provision relating to the giving of notice. Subsection (2) was amended, as from 1 July 2002, by section 21 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7) by substituting the word “ An ” for the words “ A male ” . Subsection (2) was amended, as from 1 July 2002, by section 21 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7), by inserting the words “ or she ” after the word “ he ” . Subsection (2)(b) was amended, as from 15 May 1991, by section 3 Parental Leave and Employment Protection Amendment Act 1991 (1991 No 28) by deleting the words “ award, agreement, or ” . Subsection (2)(b) was amended, as from 1 July 2002, by section 22 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7) by substituting the words “ employment agreement ” for the words “ contract of employment ” .