PART 2ENTITLEMENT TO SHARED PARENTAL LEAVE (BIRTH)

CHAPTER 1Entitlement to leave – general

Mother’s entitlement to shared parental leave4

1

M is entitled to be absent from work to take shared parental leave in accordance with Chapter 2 to care for C if she satisfies the conditions specified in paragraph (2) and P satisfies the conditions specified in paragraph (3).

2

The conditions are that—

a

M satisfies the continuity of employment test (see regulation 35);

b

M has, at the date of C’s birth, the main responsibility for the care of C (apart from the responsibility of P);

c

M is entitled to statutory maternity leave in respect of C;

d

M has ended any entitlement to statutory maternity leave by curtailing that leave under Article 103(3)(ba) or 105(3)(a) of the 1996 Order (and that leave remains curtailed) or, where M has not curtailed in that way, M has returned to work before the end of her statutory maternity leave;

e

M has complied with regulation 8 (notice to employer of entitlement to shared parental leave);

f

M has complied with regulation 10(3) to (5) (evidence for employer); and

g

M has given a period of leave notice in accordance with regulation 12.

3

The conditions are that—

a

P satisfies the employment and earnings test (see regulation 36); and

b

P has, at the date of C’s birth, the main responsibility for the care of C (apart from the responsibility of M).

4

Entitlement under paragraph (1) is not affected by the number of children born or expected as a result of the same pregnancy.