PART 2ENTITLEMENT TO SHARED PARENTAL LEAVE (BIRTH)
CHAPTER 1Entitlement to leave – general
Mother's notice of entitlement and intention to take shared parental leave8
1
M must, not less than eight weeks before the start date of the first period of shared parental leave to be taken by M, give her 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
M's name;
b
P's name;
c
the start and end dates of any period of statutory maternity leave taken or to be taken by M;
d
the total amount of shared parental leave available (in accordance with regulation 6(1));
e
C's expected week of birth and C's date of birth (except as provided for in paragraph (5));
f
how much shared parental leave M and P each intend to take;
g
an indication as to when M 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 M that—
i
M satisfies, or will satisfy, the conditions in regulation 4(2);
ii
the information given by M in the notice is accurate;
iii
M will immediately inform her employer if she ceases to care for C;
b
a declaration signed by P—
i
specifying P's name, address, and national insurance number (or a declaration that P does not have a national insurance number);
ii
that P satisfies, or will satisfy, the conditions in regulation 4(3);
iii
that P is the father of C, or the person who is married to, or the civil partner or the partner of, M;
iv
that P consents to the amount of leave which M intends to take (as set out in the notice for the purposes of paragraph (2)(f));
v
that P consents to M's employer processing the information in P's declaration.
4
The references to P in paragraphs (2) and (3) are references to the individual who satisfies paragraph (3) of regulation 4.
5
Where a notice is given under paragraph (1) before C is born, M must give C's date of birth to her employer as soon as reasonably practicable after the birth of C and, in any event, before the first period of shared parental leave to be taken by M.
6
The indication provided in accordance with paragraph (2)(g) is non-binding and must not be treated as a period of leave notice unless otherwise indicated in the notice.