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The Shared Parental Leave Regulations 2014

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Change 1

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As published

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

(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.

Your change, as a redline

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

(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.

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