Adoptive Leave Act 2005

New section 11B to Principal Act.

8.—The following section is inserted after section 11A of the Principal Act:

“Termination of additional adoptive leave on sickness of adopting parent.

11B.—(1) An adopting parent (‘the employee’)—

(a) who is sick while on adoptive leave or while entitled to, or on, additional adoptive leave, and

(b) who wishes to terminate the additional adoptive leave,

may request the employer in writing to terminate the additional adoptive leave or cause such a request to be made.

(2) If the employer agrees to terminate the leave, it shall terminate on a date agreed by the employee and the employer that is—

(a) not earlier than the date on which the sickness began, and

(b) not later than the date on which the leave would have ended in accordance with the notification of intention to take it given by the employee to the employer under this Part or section 41, as the case may be.

(3) The employer shall notify the employee of the decision on the request as soon as is reasonably practicable after its receipt.

(4) On the termination of the additional adoptive leave—

(a) the absence from work of the employee owing to sickness after the termination shall be treated in the same way as any other absence from work of the employee owing to sickness, and

(b) the employee shall cease to be entitled to any leave not by then taken.”.