# The Shared Parental Leave Regulations 2014, 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.

---
Source: https://www.legislation.gov.uk/ukdsi/2014/9780111118856/schedule/paragraph/1 (the official version)
Page: https://openlegislation.uk/draft-shared-parental-leave-regulations-2014/schedule/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.