Section 80M: Part 8B: supplemental, Employment Rights Act 1996

Regulations under section 80J may—

make provision about notices to be given and other procedures to be followed by employees and employers;

make provision requiring employers or employees to keep records;

make provision for the consequences of failure to give notices, to keep records or to comply with other procedural requirements;

make provision for the consequences of failure to act in accordance with a notice given by virtue of paragraph (a);

make provision about the postponement by an employer of a period of leave under section 80J;

make special provision for cases where an employee has a right which corresponds to a right under section 80J and which arises under the person's contract of employment or otherwise;

make provision modifying the effect of Chapter 2 of Part 14 (calculation of a week's pay) in relation to an employee who is or has been absent from work on leave under section 80J;

make provision applying, modifying or excluding an enactment, in such circumstances as may be specified and subject to any conditions which may be specified, in relation to a person entitled to take leave under section 80J;

make different provision for different cases or circumstances;

make consequential provision.

Provision under subsection (1)(a) may, in particular, provide that an employer cannot require an employee to supply evidence in relation to a request for leave under section 80J before granting that leave.

Provision under subsection (1)(i) may, in particular, provide for the meaning of "a week's leave" in section 80J(4) to be determined by reference to the number of days normally worked, or required to be worked, by an employee in a particular period.

The cases or circumstances mentioned in subsection (1)(i) include an employee providing or arranging care for more than one dependant during any period of 12 months; and regulations may, in particular, make special provision regarding the applicability and extent of the entitlement to leave in such circumstances.

Section 80M: Part 8B: supplemental

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