Section 8 — Parental Leave and Employment Protection Act 1987: Entitlement of adoptive mother to maternity leave

8 Entitlement of adoptive mother to maternity leave (1) Except as otherwise provided in this Act, every female employee— (a) Who assumes (with a view to adoption by her or by her and her 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 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 maternity leave in accordance with this Act. (2) A female employee shall not be entitled to maternity leave in respect of a child by virtue of subsection (1) of this section if she has previously taken, in respect of that child, a period of leave, being— (a) Maternity leave under this Act; or (b) A period of leave in the nature of maternity leave under any Act other than this Act, or any employment agreement. Compare: 1980 No 162 s 6 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 substituted, as from 1 December 2004, by section 10 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)(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 ” .