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The Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations 2014

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations 2014 No. 3052

Revocation

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8.—(1) M may revoke a leave curtailment notice by giving a revocation notice if—

(a)neither M nor P are entitled to shared parental leave or statutory shared parental pay;

(b)M served her leave curtailment notice before the birth of C; or

(c)P dies.

(2) A revocation notice must be given to M’s employer before the leave curtailment date and—

(a)if given in accordance with paragraph (1)(a), within 8 weeks of the date on which M gave her leave curtailment notice to her employer in accordance with regulation 5(1);

(b)if given in accordance with paragraph (1)(b), within six weeks of the date of C’s birth; or

(c)if given in accordance with paragraph (1)(c), within a reasonable time of the date of P’s death.

(3) A revocation notice must—

(a)be in writing;

(b)state that M revokes her leave curtailment notice; and

(c)if given in accordance with paragraph (1)(c), must state the date of P’s death.

(4) If M has given a leave curtailment notice to more than one employer, she must give revocation notices to each of those employers.

(5) The obligation in paragraph (4) does not apply to any employer with which M has returned to work on or before the date on which she gives the revocation notice.

(6) M may not give her employer a leave curtailment notice subsequent to giving a revocation notice unless the revocation was made in accordance with paragraph (1)(b).

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