Under the new Shared Parental Leave Regulations if a woman is single but has a male friend who is gay or a grandfather who has said they will act as a father figure for the child but doesn’t live with the woman... is the friend or grandfather entitled to shared parental leave if the woman would like this? Is there a definition of ‘parental’ within the regulations?

Posted in : First Tuesday Q&A NI on 8 April 2015
Arthur Cox
Arthur Cox
Issues covered:

The Shared Parental Leave Regulations (Northern Ireland) 2015 (the “Regulations”) do not define “parental”. Rather, the Regulations focus on the nature of the relationship with the expectant mother. The persons included are: * The father of the child; or * The person who, at the date of the child’s birth, is: (a) Married to; or (b) The civil partner of; or (C) The partner of; the child’s mother. “Partner” means a person (whether of a different sex or the same sex) who lives with the mother and the child in an enduring family relationship. A number of categories are specifically excluded from this, one of which is a grandparent. On this basis, the gay male friend won’t satisfy the

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is +44 28 9026 2673 or email rosemary.lundy@arthurcox.com

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