Paragraph 1 Entitlement of father or partner to shared parental leave in the event of death of mother before curtailment

(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.