Regulation 9 Father’s or partner’s notice of entitlement and intention to take shared parental leave

(1)

P must, not less than eight weeks before the start date of the first period of shared parental leave to be taken by P, give P’s 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)

P’s name;

(b)

M’s name;

(c)

the start and end dates of any—

(i)

period of statutory maternity leave taken or to be taken by M;

(ii)

period in respect of which statutory maternity pay received or to be received by M (where statutory maternity leave was not taken or is not be taken in relation to that period) is payable; or

(iii)

period in respect of which maternity allowance received or to be received by M (where statutory maternity leave was not taken or is not be taken in relation to that period) is payable;

(d)

the total amount of shared parental leave available (in accordance with regulation 6(1), (2) or (3));

(e)

C’s expected week of birth and C’s date of birth (except as provided for in paragraph (4));

(f)

how much shared parental leave P and M each intend to take;

(g)

an indication as to when P 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 P that—

(i)

P satisfies, or will satisfy, the conditions in regulation 5(2);

(ii)

the information given by P in the notice is accurate;

(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)

P will immediately inform P’s employer if P ceases to care for C or if M informs P that she has ceased to satisfy the condition in regulation 5(3)(d);

(b)

a declaration signed by M—

(i)

specifying M’s name, address, and national insurance number (or a declaration that M does not have a national insurance number);

(ii)

that M satisfies, or will satisfy, the conditions in regulation 5(3);

(iii)

that M consents to the amount of leave which P intends to take (as set out in the notice for the purposes of paragraph (2)(f));

(iv)

that M will immediately inform P if she ceases to satisfy the conditions in regulation 5(3)(d);

(v)

that M consents to P’s employer processing the information in M’s declaration.

(4)

Where a notice is given under paragraph (1) before C is born, P must give C’s date of birth to P’s 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 P.

(5)

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.