Entitlement of father or partner to shared parental leave in the event of death of mother before curtailment
1.—(1) Where before P has given a notice under regulation 9 M dies—
(a)without curtailing her statutory maternity leave under section 71(3) or 73(3) of the 1996 Act;
(b)before the end of her maternity pay period and without curtailing that period under section 165(3A) of the 1992 Act; or
(c)before the end of her maternity allowance period and without curtailing that period under section 35(3A) of the 1992 Act,
sub-paragraph (2) applies in relation to the entitlement of P to shared parental leave.
(2) The provisions of the Regulations apply in respect of any period after M 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 M died;
(b)regulation 5(2)(d) does not have effect;
(c)in regulation 5(3)(a) for “M satisfies” substitute “immediately before her death M satisfied”;
(d)in regulation 5(3)(c) for “M is entitled” substitute “immediately before her death, M was entitled”;
(e)regulation 5(3)(d) does not have effect;
(f)in regulation 6—
(i)for paragraph (1) substitute—
“(1) Where M was entitled to statutory maternity leave, 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 maternity leave taken by M before M died.”;
(ii)for paragraph (2) substitute—
“(2) Where M was not entitled to statutory maternity leave, but was entitled to statutory maternity pay, subject to paragraph (11), the total amount of shared parental leave available in relation to C is 52 weeks less the number of weeks of statutory maternity pay payable to M in respect of C before M died.”;
(iii)for paragraph (3) substitute—
“(3) Where M was not entitled to statutory maternity leave, but was entitled to maternity allowance, the total amount of shared parental leave available in relation to C is 52 weeks less the number of weeks of maternity allowance payable to M in respect of C before M died.”;
(g)in regulation 9(2)(f) for “and M each intend” substitute “intends”;
(h)in regulation 9(2) after sub-paragraph (g) insert—
“(h)the date of M’s death.”;
(i)regulation 9(3)(b) is omitted;
(j)regulation 10 is omitted;
(k)regulation 11(3)(d) is omitted;
(l)where under regulation 9 or 12 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 M and before the start date of the leave. The modification of regulation 12 applies only to the first notice given under regulation 12 following the death of M.