Paragraph 10 Entitlement to shared parental leave in the event of a disrupted placement or the death of child

Where after a notice of entitlement has been given under regulation 24 C dies or is returned after being placed for adoption, the modifications set out in paragraphs (3), (5) and (6) below apply in relation to the entitlement of A to shared parental leave after C’s return or death.

Where after a notice of entitlement has been given under regulation 25 C dies or is returned after being placed for adoption, the modifications set out in paragraphs (4) to (6) below apply in relation to the entitlement of AP to shared parental leave after C’s return or death.

In regulation 20(1) omit “to care for C”.

In regulation 21(1) omit “to care for C”.

In regulation 31 for paragraph (2) substitute—

“(2)

A notice under paragraph (1) may—

(a)

vary the end date of any period of shared parental leave to reduce the period of leave to be taken provided that the notice is given at least eight weeks before the new end date;

(b)

cancel a period or periods of leave.”

In regulation 32 for paragraph (1) substitute—

“(1)

After C dies or is returned after being placed for adoption, no notice may be given under regulation 28 and only one notice may be given under regulation 31.”.

Where more than one child is placed for adoption as a result of the same placement, a reference in this paragraph to the death of C or to the return of C after being placed for adoption must be construed as a reference to the last of those children to die or to the last of those children to be returned after being placed for adoption.