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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 18 October 2004 - onwards
Version 2 of 2

12. Postponement of leave under section 16 of Principal Act in event of hospitalisation of child.

The Principal Act is amended by the insertion of the following section after section 16A (inserted by section 11 of this Act):

"Postponement of leave under section 16 in event of hospitalisation of child.

16B.

(1) A father who is entitled to, or is on, leave under section 16 may, if the child in connection with whose birth he is entitled to, or is on, that leave (in this section referred to as 'the child') is hospitalised, request in writing (or cause a written request to be submitted to) his employer to postpone

(a) his subsection (1)(a) leave or part of such leave,

(b) his subsection (1)(a) leave or part of such leave and a period of further leave under section 16(4),

(c) his subsection (1)(b) leave or a period of further leave under section 16(4), as the case may be, or part of such leave, as may be appropriate, in accordance with this section.

(2) Notwithstanding the fact that a father who is on subsection (1)(a) leave has not in accordance with section 16(6) notified his employer in writing (or caused his employer to be so notified) of his intention to take further leave under section 16(4), he shall be deemed, for the purposes of making a request under paragraph (b) or (c) of subsection (1), to have complied with section 16(6).

(3) An employer who receives a request under subsection (1) may agree to postpone the leave concerned and, if the employer does so