Regulation 8 Mother’s notice of entitlement and intention to take shared parental leave

(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.