Clause 9

Subject to subsection (2), where any employee —

has served an employer for a period of not less than 3 months; and

has any child below the age of 7 years at any time during any relevant period,he shall be entitled to childcare leave of 2 days for that relevant period.(2) An employee —

shall not be entitled to more than 14 days of childcare leave in respect of any child; and

shall —

take his first entitlement of childcare leave of 2 days for a relevant period in respect of a child in the relevant period in which the child was born or the next succeeding relevant period; and

thereafter, take his next and each subsequent entitlement of childcare leave of 2 days for a relevant period in respect of the child in the next succeeding relevant period and in each subsequent succeeding relevant period, respectively.(3) The childcare leave shall be in addition to the rest days, holidays, annual leave and sick leave to which an employee is entitled under sections 36, 42, 43 and 44, respectively.(4) An employer shall grant, and an employee who is entitled to childcare leave shall take, the entitlement of childcare leave of 2 days for a relevant period not later than the last day of that relevant period, and any employee who fails to take that leave by that day —

shall thereupon cease to be entitled to that leave; and

shall not be entitled to any payment in lieu thereof.(5) An employer shall pay an employee who is entitled to childcare leave his gross rate of pay for every day of such leave that is taken by the employee.(6) If the employment of an employee who is entitled to childcare leave is terminated (whether by resignation or dismissal, upon the completion of his contract of service, or for any other reason) before he has taken the entitlement of childcare leave of 2 days for a relevant period, the employee —

shall cease to be entitled to that leave upon the termination of his employment; and

shall not be entitled to any payment in lieu thereof.(7) Any employer who contravenes subsection (5) shall be guilty of an offence.(8) In this section —“child”, in relation to an employee, includes any adopted child and step-child of the employee;“relevant period”, in relation to an employee, means —

any period of 12 months as is agreed to by the employee and his employer; or

where there is no such agreement, a calendar year.”.