Mother's entitlement to shared parental leaveN.I.
4.—(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.