What happens where an employee has given notice that he or she wants paternity leave to begin on a particular predetermined date, but the child has not been placed for adoption by that date?
The Paternity and Adoption Leave Regulations 2002 (SI 2002/2788) provide that paternity leave cannot be taken any earlier than the date on which the child is placed with the adopter. Regulation 10(6) provides that, where the employee has chosen to begin his or her period of leave on a particular predetermined date, and the child is not placed with the adopter on or before that date, he or she must vary the choice of date. The employee can decide to start the leave: on the day the child is placed for adoption; a specific number of days after the placement; or on a new predetermined date. The employee must give the employer notice of the variation as soon as is reasonably practicable and the notice must be in writing if the employer requests this.