The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016

Qualifying paid work: time off in connection with sickness or parenting

8.—(1) This regulation applies for any period during which a person—

(a)is paid statutory sick pay under Part 11 of the Social Security Contributions and Benefits Act 1992(1) or Part 11 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(2);

(b)is paid maternity allowance under section 35 of the Social Security Contributions and Benefits Act 1992(3) or section 35 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(4);

(c)is paid statutory maternity pay under Part 12 of the Social Security Contributions and Benefits Act 1992 or Part 12 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

(d)is absent from work during an ordinary maternity leave period under section 71 of the Employment Rights Act 1996(5) or article 103 of the Employment Rights (Northern Ireland) Order 1996(6);

(e)is absent from work during an additional maternity leave period under section 73 of the Employment Rights Act 1996(7) or article 105 of the Employment Rights (Northern Ireland) Order 1996(8);

(f)is paid statutory paternity pay under Part 12ZA of the Social Security Contributions and Benefits Act 1992(9) or Part 12ZA of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(10);

(g)is absent from work during a paternity leave period under section 80A or 80B of the Employment Rights Act 1996(11) or article 112A or 112B of the Employment Rights (Northern Ireland) Order 1996(12);

(h)is paid statutory adoption pay under Part 12ZB of the Social Security Contributions and Benefits Act 1992(13) or Part 12ZB of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(14);

(i)is paid statutory shared parental pay under Part 12ZC of the Social Security Contributions and Benefits Act 1992 or Part 12ZC of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

(j)is absent from work during an ordinary adoption leave period under section 75A of the Employment Rights Act 1996(15) or article 107A of the Employment Rights (Northern Ireland) Order 1996(16);

(k)is absent from work during an additional adoption leave period under section 75B of the Employment Rights Act 1996(17) or Article 107B of the Employment Rights (Northern Ireland) Order 1996(18);

(l)is absent from work during a period of shared parental leave under section 75E or 75G of the Employment Rights Act 1996 or articles 107E and 107G of the Employment Rights (Northern Ireland) Order 1996(19); or

(m)is absent from work during a statutory parental leave period under section 76 of the Employment Rights Act 1996(20) or article 108 of the Employment Rights (Northern Ireland) Order 1996.

(2) Subject to paragraphs (3) and (4), such a person is regarded for the purposes of these Regulations—

(a)as in paid work during the period in paragraph (1); and

(b)as having, for each week of that period, expected income from that work equal to the minimum weekly income.

(3) Paragraph (2) does not apply unless, immediately before the start of the period in any sub-paragraph of paragraph (1), either—

(a)the person was in qualifying paid work; or

(b)this regulation applied to the person by virtue of a different sub-paragraph of paragraph (1).

(4) Where a child whose placement for adoption caused the period in paragraph (1)(h), (j), (k) or (l) to run is the child in respect of whom a declaration is made, paragraph (2) applies only for the final 14 days before the person returns to work.

(5) This regulation applies to a self-employed person during any period for which paragraph (1) would have applied in that person’s case but for the fact that the work performed in the week immediately before the period began, although done for payment or in expectation of payment, was not performed under a contract of service.

(6) This regulation applies to a resident of another EEA state who under the law of that state—

(a)receives payments which are substantially similar in character to the payments in paragraph (1)(a) to (c), (f), (h) or (i); or

(b)is absent from work in circumstances which are substantially similar in character to a period of absence described in paragraph (1)(d), (e), (g) or (j) to (m).