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PART 2ENTITLEMENT TO SHARED PARENTAL LEAVE (BIRTH)

CHAPTER 1Entitlement to leave – general

Variation of notice of intention to take shared parental leave (birth)

11.—(1) M may give M’s employer a written notice to vary a notice given under regulation 8 to vary how much shared parental leave M and P each intend to take.

(2) P may give P’s employer a written notice to vary a notice given under regulation 9 to vary how much shared parental leave M and P each intend to take.

(3) A notice under paragraph (1) or (2) must contain—

(a)an indication as to when M or P, as the case may be, intends to take shared parental leave (including the start and end dates for each period of leave);

(b)a description of the periods of shared parental leave that have been notified by M and P under regulation 12 or 15 in relation to C;

(c)a description of the periods of statutory shared parental pay that have been notified by M and P under Regulations made under Part 12ZC of the 1992 Act in relation to C (where that pay was notified in relation to a period in which shared parental leave was not to be taken);

(d)a declaration signed by M and P that they agree the variation.

(4) The indication provided in accordance with paragraph (3)(a) is non-binding and must not be treated as a period of leave notice unless otherwise indicated in the notice.

(5) For the purposes of any notices given by M, the reference to P in paragraph (3)(d) is a reference to the individual who satisfies paragraph (3) of regulation 4.

(6) There is no limit on the number of notices that may be given under this regulation.