# The Shared Parental Leave Regulations 2014, 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.

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Source: https://www.legislation.gov.uk/ukdsi/2014/9780111118856/regulation/4 (the official version)
Page: https://openlegislation.uk/draft-shared-parental-leave-regulations-2014/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.