The Shared Parental Leave Regulations (Northern Ireland) 2015

Adopter’s partner’s notice of entitlement and intention to take shared parental leave

25.—(1) AP must, not less than eight weeks before the start date of the first period of shared parental leave to be taken by AP, give AP’s employer a written notice which contains the information specified in paragraph (2) and is accompanied by the declarations specified in paragraph (3).

(2) The specified information is—

(a) AP’s name;

(b) A’s name;

(c) the date that A was notified of having been matched for adoption with C;

(d) the date that C is expected to be placed for adoption with A and the date of the placement (except as provided for in paragraph (4));

(e) the start and end dates of any—

(i) period of statutory adoption leave taken or to be taken by A; or

(ii) period in respect of which statutory adoption pay received or to be received by A (where statutory adoption leave was not taken or is not be taken in relation to that period) is payable;

(f) the total amount of shared parental leave available (in accordance with the regulation 22(1) or (2));

(g) how much shared parental leave AP and A each intend to take;

(h) an indication as to when AP intends to take shared parental leave (including the start and end dates for each period of leave).

(3) The specified declarations are—

(a) a declaration signed by AP that—

(i) AP satisfies, or will satisfy, the conditions in regulation 21(2);

(ii) the information given by AP in the notice is accurate;

(iii) that AP is married to, or the civil partner or partner of, A;

(iv) AP will immediately inform AP’s employer if AP ceases to care for C or if A informs AP that A has ceased to satisfy the condition in regulation 21(3)(d);

(b) a declaration signed by A—

(i) specifying A’s name, address, and national insurance number (or a declaration that A does not have a national insurance number);

(ii) that A satisfies, or will satisfy, the conditions in regulation 21(3);

(iii) that A consents to the amount of leave which AP intends to take (as set out in the notice for the purposes of paragraph (2)(g));

(iv) that A will immediately inform AP if A ceases to satisfy the conditions in regulation 21(3)(d);

(v) that A consents to AP’s employer processing the information in A’s declaration.

(4) Where a notice is given under paragraph (1) before the date that C is placed for adoption, AP must give the date of placement for adoption to AP’s employer as soon as reasonably practicable after the placement and, in any event, before the first period of shared parental leave to be taken by AP.

(5) The indication provided in accordance with paragraph (2)(h) is non-binding and must not be treated as a period of leave notice unless otherwise indicated in the notice.