{
  "url": "https://openlegislation.uk/draft-shared-parental-leave-regulations-2014/schedule/paragraph-1",
  "json_url": "https://openlegislation.uk/draft-shared-parental-leave-regulations-2014/schedule/paragraph-1.json",
  "legislation": "ukdsi/2014/9780111118856",
  "legislation_title": "The Shared Parental Leave Regulations 2014",
  "legislation_url": "https://openlegislation.uk/draft-shared-parental-leave-regulations-2014",
  "path": "schedule/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": "Entitlement of father or partner to shared parental leave in the event of death of mother before curtailment",
  "text": "(1) Where before P has given a notice under regulation 9 M dies—\n(a) without curtailing her statutory maternity leave under section 71(3) or 73(3) of the 1996 Act;\n(b) before the end of her maternity pay period and without curtailing that period under section 165(3A) of the 1992 Act; or\n(c) before the end of her maternity allowance period and without curtailing that period under section 35(3A) of the 1992 Act,\nsub-paragraph (2) applies in relation to the entitlement of P to shared parental leave.\n(2) The provisions of the Regulations apply in respect of any period after M dies with the modifications specified in paragraphs (a) to (l)—\n(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;\n(b) regulation 5(2)(d) does not have effect;\n(c) in regulation 5(3)(a) for “M satisfies” substitute “immediately before her death M satisfied”;\n(d) in regulation 5(3)(c) for “M is entitled” substitute “immediately before her death, M was entitled”;\n(e) regulation 5(3)(d) does not have effect;\n(f) in regulation 6—\n(i) for paragraph (1) substitute—\n“(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.”;\n(ii) for paragraph (2) substitute—\n“(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.”;\n(iii) for paragraph (3) substitute—\n“(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.”;\n(g) in regulation 9(2)(f) for “and M each intend” substitute “intends”;\n(h) in regulation 9(2) after sub-paragraph (g) insert—\n“(h) the date of M’s death.”;\n(i) regulation 9(3)(b) is omitted;\n(j) regulation 10 is omitted;\n(k) regulation 11(3)(d) is omitted;\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2014/9780111118856/schedule/paragraph/1",
    "retrieved_at": "2026-10-30T15:12:22.500806+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}