PART 2ENTITLEMENT TO SHARED PARENTAL LEAVE (BIRTH)

CHAPTER 2Entitlement to particular periods of leave

Period of leave notice (birth)12.

(1)

M may only be absent from work to take a period of shared parental leave if she gives her employer a written notice which sets out the start and end dates of each period of shared parental leave requested in that notice.

(2)

P may only be absent from work to take a period of shared parental leave if P gives P’s employer a written notice which sets out the start and end dates of each period of shared parental leave requested in that notice.

(3)

A notice given under paragraph (1) or (2) must be given not less than eight weeks before the start date of the first period of shared parental leave requested in the notice.

(4)

A notice under this regulation may—

(a)

be given at the same time as a notice under regulation 8, 9 or 11 is given to the employer;

(b)

provide notice of more than one period of leave;

(c)

if given before C is born—

(i)

contain a start date for the leave which is the day on which C is born or which is expressed as a number of days following the date of C’s birth;

(ii)

contain an end date expressed as a number of days following the date of C’s birth.

(5)

A notice under this regulation may not—

(a)

be given before a notice is given to the employer under regulation 8 or 9, as the case may be;

(b)

request leave with a start or end date which is outside of the period in which shared parental leave may be taken (see regulation 7(1)).