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.