S.L. 452.125 Art. 8Postponement.

(1) An employer who receives notice for parental leave as prescribed in regulation 7(1), may temporarily postpone the granting of parental leave for justifiable reasons related to the operation of the place of work.

(2) For the purposes of this regulation, the term ''justifiable reasons'' includes:

(a) where the work carried out at the place of business is of a seasonal nature;

(b) where a replacement cannot be found within the notice period given by the worker;

(c) where the specific employment of the worker who requests parental leave is of strategic importance to the undertaking or place of business;

(d) where the place of business is a small enterprise employing not more than ten (10) people, provided that the employer consults with the worker in order to establish alternative dates when such leave may be availed of, in such a way to avoid indefinite postponement of the requested parental leave;

(e) where a significant proportion of the workforce applies for parental leave at the same time:

Provided that an employer who decides to postpone the granting of parental leave shall inform the worker in writing of the reasons for the postponement within two (2) weeks of receipt of the worker's notice, for cases falling under this sub-regulation:

Provided further that the postponement by the employer of the granting of parental leave is without prejudice to the worker’s right to take the parental leave entitlement before the child reaches eight (8) years of age at the latest and if such postponement may result in the loss of the parental leave entitlement or part thereof, it shall be the duty of the employer to immediately grant parental leave for a period equivalent to the leave still unavailed of, or for such other lesser period as may be requested by the worker:

Provided further that when considering requests for parental leave, employers shall, prior to any postponement, offer, to the extent possible, flexible ways of taking parental leave.