Section 71E — Parental Leave and Employment Protection Act 1987: Entitlement may be transferred to spouse or partner

71E Entitlement may be transferred to spouse or partner (1) An eligible employee (within the meaning of section 71CA(1)(a) or (b) ) or an eligible self-employed person may transfer all or part of his or her entitlement to a parental leave payment in respect of a child to his or her spouse or partner if any of subsections (2) to (4) applies to the spouse or partner. (2) The spouse or partner is an employee who— (a) has given written notice to his or her employer of his or her wish to take parental leave (in accordance either with this Act or with the alternative provision under which the leave is taken); and (b) takes parental leave from his or her employment in respect of a child; and (c) meets the criteria for parental leave under any of sections 7(b) , 8(1)(b) , 17(c) , 18(1)(b) , 23(b) , or 24(1)(b) . (3) The spouse or partner is a self-employed person who— (a) assumes or intends to assume the care of a child to whom the person's spouse or partner gives birth (in the case of the spouse or partner of either a female employee to whom section 7 applies or a female self-employed person); and (b) takes parental leave from his or her self-employment; and (c) at the expected date of delivery, will have been self-employed for at least an average of 10 hours a week over the immediately preceding 6 months or the immediately preceding 12 months. (4) The spouse or partner is a self-employed person who— (a) assumes (with a view to adoption by the self-employed person's spouse or partner or the self-employed person's spouse or partner and the self-employed person jointly) the care of a child who is not more than 5 years of age (in the case of the spouse or partner of either a person to whom section 8 or section 18 or section 24 applies or a self-employed person); and (b) takes parental leave from his or her self-employment; and (c) at the date on which he or she, with a view to adoption, first assumes the care of the child, will have been self-employed for at least an average of 10 hours a week over the immediately preceding 6 months or the immediately preceding 12 months. (5) Rights and benefits to non-statutory parental leave (and section 4 ) are ignored when considering whether a spouse or partner meets the criteria for parental leave for the purpose of this section. Part 7A (comprising sections 71A to 71ZA) was inserted, as from 1 July 2002, by section 4(2) Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7). The heading to section 71E 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 ” . Section 71E 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 ” wherever it appears. Subsection (3)(a) was substituted, as from 26 April 2005, by section 6 Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18). Section 71E was substituted, as from 1 July 2006, by section 26 Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20). See section 5 of that Act for the application of this amendment.