Regulation 4 Mother’s entitlement to shared parental leave

(1)

M is entitled to be absent from work to take shared parental leave in accordance with Chapter 2 to care for C if she satisfies the conditions specified in paragraph (2) and P satisfies the conditions specified in paragraph (3).

(2)

The conditions are that—

(a)

M satisfies the continuity of employment test (see regulation 35);

(b)

M has, at the date of C’s birth, the main responsibility for the care of C (apart from the responsibility of P);

(c)

M is entitled to statutory maternity leave in respect of C;

(d)

M has ended any entitlement to statutory maternity leave by curtailing that leave under section 71(3)(ba) or 73(3)(a) of the 1996 Act (and that leave remains curtailed) or, where M has not curtailed in that way, M has returned to work before the end of her statutory maternity leave;

(e)

M has complied with regulation 8 (notice to employer of entitlement to shared parental leave);

(f)

M has complied with regulation 10(3) to (5) (evidence for employer); and

(g)

M has given a period of leave notice in accordance with regulation 12.

(3)

The conditions are that—

(a)

P satisfies the employment and earnings test (see regulation 36); and

(b)

P has, at the date of C’s birth, the main responsibility for the care of C (apart from the responsibility of M).

(4)

Entitlement under paragraph (1) is not affected by the number of children born or expected as a result of the same pregnancy.