SCHEDULE SHARED PARENTAL LEAVE IN SPECIAL CIRCUMSTANCES

PART 2 SHARED PARENTAL LEAVE (ADOPTION)

6 Entitlement of adopter’s partner to shared parental leave in the event of death of adopter before curtailment
(1) Where before AP has given a notice under regulation 25 A dies—
(a) without curtailing A’s statutory adoption leave under section 75A(2A) or 75B(3) of the 1996 Act; or
(b) before the end of the adoption pay period and without curtailing that period under section 171ZN(2A) of the 1992 Act,
sub-paragraph (2) applies in relation to the entitlement of AP to shared parental leave.
(2) The provisions of the Regulations apply in respect of any period after A dies with the modifications specified in paragraphs (a) to (l)—
(a) a person is to be regarded as falling within the definition of P in regulation 3(1) if that person fell within that definition immediately before A died;
(b) regulation 21(2)(d) does not have effect;
(c) in regulation 21(3)(a) for “A satisfies” substitute “immediately before A’s death A satisfied”;
(d) in regulation 21(3)(c) for “A is entitled” substitute “immediately before A’s death, A was entitled”;
(e) regulation 21(3)(d) does not have effect.
(f) in regulation 22—
(i) for paragraph (1) substitute—

“1 Where A was entitled to statutory adoption leave, subject to paragraph (9), the total amount of shared parental leave available in relation to C is 52 weeks less the number of weeks of statutory adoption leave taken by A before A died.”

;
(ii) for paragraph (2) substitute—

“2 Where A was not entitled to statutory adoption leave, but was entitled to statutory adoption pay, subject to paragraph (10), the total amount of shared parental leave available in relation to C is 52 weeks less the number of weeks of statutory adoption pay payable to A before A died.”

;
(g) in regulation 25(2)(g) for “and A each intend” substitute “intends”;
(h) in regulation 25(2) after sub-paragraph (h) insert—

“(i) the date of A’s death.”

;
(i) regulation 25(3)(b) is omitted;
(j) regulation 26 is omitted;
(k) regulation 27(3)(d) is omitted;
(l) where under regulation 25 or 28 a notice is required to be given not less than eight weeks before a start date and it is not reasonably practicable for P to satisfy that requirement, the notice may be given as soon as is reasonably practicable after the death of A and before the start date of the leave. The modification of regulation 28 applies only to the first notice given under regulation 28 following the death of A.