The Shared Parental Leave Regulations 2014

Father’s or partner’s notice of entitlement and intention to take shared parental leave

9.—(1) P must, not less than eight weeks before the start date of the first period of shared parental leave to be taken by P, give P’s employer a written notice which contains the information specified in paragraph (2) and is accompanied by the declarations specified in paragraph (3).

(2) The specified information is—

(a) P’s name;

(b) M’s name;

(c) the start and end dates of any—

(i) period of statutory maternity leave taken or to be taken by M;

(ii) period in respect of which statutory maternity pay received or to be received by M (where statutory maternity leave was not taken or is not be taken in relation to that period) is payable; or

(iii) period in respect of which maternity allowance received or to be received by M (where statutory maternity leave was not taken or is not be taken in relation to that period) is payable;

(d) the total amount of shared parental leave available (in accordance with regulation 6(1), (2) or (3));

(e) C’s expected week of birth and C’s date of birth (except as provided for in paragraph (4));

(f) how much shared parental leave P and M each intend to take;

(g) an indication as to when P intends to take shared parental leave (including the start and end dates for each period of leave).

(3) The specified declarations are—

(a) a declaration signed by P that—

(i) P satisfies, or will satisfy, the conditions in regulation 5(2);

(ii) the information given by P in the notice is accurate;

(iii) that P is the father of C, or the person who is married to, or the civil partner or the partner of, M;

(iv) P will immediately inform P’s employer if P ceases to care for C or if M informs P that she has ceased to satisfy the condition in regulation 5(3)(d);

(b) a declaration signed by M—

(i) specifying M’s name, address, and national insurance number (or a declaration that M does not have a national insurance number);

(ii) that M satisfies, or will satisfy, the conditions in regulation 5(3);

(iii) that M consents to the amount of leave which P intends to take (as set out in the notice for the purposes of paragraph (2)(f));

(iv) that M will immediately inform P if she ceases to satisfy the conditions in regulation 5(3)(d);

(v) that M consents to P’s employer processing the information in M’s declaration.

(4) Where a notice is given under paragraph (1) before C is born, P must give C’s date of birth to P’s employer as soon as reasonably practicable after the birth of C and, in any event, before the first period of shared parental leave to be taken by P.

(5) The indication provided in accordance with paragraph (2)(g) is non-binding and must not be treated as a period of leave notice unless otherwise indicated in the notice.