Clause 22

by inserting, immediately after the words “for him” in subsection (1)(b), the words “, or subsection (7B) entitles him”; (b)by deleting the word “The” in subsection (5) and substituting the words “Subject to subsection (7B), the”;

by deleting paragraph (b) of subsection (5A) and substituting the following paragraph:“(b)must be made within a period which commences after the prescribed week of pregnancy and ends on the last day of the period of 12 months commencing on the date of the child’s birth; and”;

by deleting the words “in the case of an election under subsection (5) for the natural father of the child to take shared parental leave or claim lost income” in subsection (6)(a) and substituting the words “in relation to a natural father of a child mentioned in subsection (1)(a)(i)”;

by deleting the words “in the case of an election under subsection (5) for the adoptive father of the child to take shared parental leave or claim lost income” in subsection (6)(b) and substituting the words “in relation to an adoptive father of a child mentioned in subsection (1)(a)(ii)”; (f)by inserting, immediately after subsection (7A), the following subsections:“(7B) Subject to subsection (7C), where an appropriate applicant mentioned in subsection (6) —

dies before making an election under subsection (5); or

revokes an election in accordance with the regulations mentioned in subsection (5A)(c) but dies before making a new election, the male employee or self‑employed man who is the natural father or adoptive father mentioned in subsection (1)(a) is entitled to take shared parental leave in accordance with subsection (2) or to claim lost income in accordance with subsection (3), as the case may be —

in the case of the natural father of the child where the appropriate applicant was the natural mother of the child — for N weeks of the mother’s entitlement as a female employee under section 9(1), (1A) or (1B), or as a self‑employed woman under section 9(4) or (4A) (whichever is applicable), in respect of her delivery of the child, that she did not consume before her death; and

in the case of the adoptive father of the child where the appropriate applicant was the adoptive mother of the child — for N weeks of the adoptive mother’s entitlement that she did not consume before her death under one of the following provisions: (i)if there was an application to adopt the child — section 12AA (in the case of a female employee) or section 12AB (in the case of a self‑employed woman); (ii)if the child was delivered by the appropriate applicant — section 9(1), (1A) or (1B) (in the case of a female employee) or section 9(4) or (4A) (in the case of a self‑employed woman).(7C) The shared parental leave or lost income under subsection (7B)(c) or (d) must not exceed N weeks of such leave or lost income, as the case may be.”; (g)by deleting subsection (8) and substituting the following subsection: “(8) In this section and sections 12F and 12G, “N” is —

the integer 1, 2, 3 or 4, as specified by the appropriate applicant mentioned in subsection (6) in her election made under subsection (5); or

if subsection (7B) applies, the number of whole weeks of the appropriate applicant’s unconsumed entitlement mentioned in subsection (7B)(c) or (d) (whichever is applicable), which must not exceed 4.”;

by inserting, immediately after subsection (9A), the following subsection: “(9B) If, at any time after the death of the appropriate applicant but within the period of 12 months commencing on the date of the child’s birth —

the employment of the child’s natural father or adoptive father is terminated (whether by resignation or dismissal, on the completion of his contract of service, or for any other reason); or

the natural father or adoptive father ceases to be actively engaged in his trade, business, profession or vocation,then —

the father’s entitlement under subsection (7B)(c) or (d) is reduced to the number of whole weeks of shared parental leave that he has not consumed by the time his employment is terminated, or he ceases to be actively engaged in his trade, business, profession or vocation, as the case may be; (d)any remaining days of the entitlement under subsection (7B)(c) or (d) that do not constitute a whole week are forfeited; and

the reduced entitlement under paragraph (c) may be consumed by the father in the course of his re‑employment with the same or another employer, or upon his active engagement in his trade, business, profession or vocation.”; and

by inserting, immediately after subsection (14), the following subsection:“(15) This section and section 12F apply in relation to the natural father of a stillborn child as they apply to the natural father of a child born alive, and in that case, the reference to the mother of the child who is the appropriate applicant is to be read as a reference to the mother of the stillborn child.”.