The Parental Leave (EU Directive) (Flexible Working) Regulations (Northern Ireland) 2013 No. 26

The Parental Leave (EU Directive) (Flexible Working) Regulations (Northern Ireland) 2013 No. 26

Statutory Rules of Northern Ireland

2013 No. 26

Employment

Work And Families

The Parental Leave (EU Directive) (Flexible Working) Regulations (Northern Ireland) 2013

Made

6th February 2013

Coming into operation

8th March 2013

The Department for Employment and Learning, being a Department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to employment rights and duties, in exercise of the powers conferred on it by that section, makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Parental Leave (EU Directive) (Flexible Working) Regulations (Northern Ireland) 2013 and come into operation on 8th March 2013.

Amendment to the Employment Rights (Northern Ireland) Order 1996

2. In Article 112F of the Employment Rights (Northern Ireland) Order 1996(3) (statutory right to request contract variation), at the end of paragraph (8)(a)(ii) insert-

"(other than an agency worker who is returning to work from a period of parental leave under regulations under Article 108)".

Sealed with the Official Seal of the Department for Employment and Learning on 6th February 2013.

Legal seal

Dr Stephen Farry

Minister for Employment and Learning

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Council Directive 2010/18/EU on the revised framework agreement on parental leave. They amend provisions relating to parental leave in the Employment Rights (Northern Ireland) Order 1996 ("the 1996 Order").

Regulation 2 amends Article 112F of the 1996 Order to extend the right to request a contract variation to employed agency workers who are returning to work from a period of parental leave.

A transposition note and an impact assessment of the effect that this Statutory Rule will have on the costs to business and the voluntary sector are attached to the Explanatory Memorandum which is available alongside the Statutory Rule on www.legislation.gov.uk.

(2)

1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1) and the European Union (Amendment) Act 2008 (c.7), section 3(3).

(3)

S.I. 1996/1919 (N.I. 16); Article 112F was inserted by Article 15 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836) (N.I. 2)) and amended by Article 14 of the Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)).