traded for SPL, which can be shared between the mother and her partner. intend to take. Section 165(3A) was inserted by the Children and Families Act 2014, section 120(4). You may be able to find the same content in another format, or you may be able to find more information, at their web site. (b)“week” has the meaning given by section 165(8) of the 1992 Act(30), in relation to statutory maternity pay, and the meaning given by section 122(1) of that Act(31), in relation to maternity allowance. (5) The indication provided in accordance with paragraph (2)(h) is non-binding and must not be treated as a period of leave notice unless otherwise indicated in the notice. Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs, Department for Business, Innovation and Skills, 1.—(1) Where before P has given a notice under regulation 9 M dies—. employer with a notice of their intention to take SPL and entitlement for this, A copy of (b)C is born eight of more weeks before the first day of the expected week of birth. (c)any weeks of statutory shared parental pay to which AP is entitled and during which AP is not absent on shared parental leave. The reality is, of the two of us, I’m the bigger earner. P satisfies the continuity of employment test (see regulation 35); P has, at the date of C’s birth, the main responsibility for the care of C (apart from the responsibility of M); P has complied with regulation 9 (notice to employer of entitlement to shared parental leave); P has complied with regulation 10(3) to (5) (evidence for employer); and. (a)AP satisfies the continuity of employment test (see regulation 35); (b)AP has, at the date of the placement for adoption of C, the main responsibility for the care of C (apart from the responsibility of A); (c)AP has complied with regulation 25 (notice to employer of entitlement to shared parental leave); (d)AP has complied with regulation 26(3) and (4) (evidence for employer); and. work or serve a maternity leave curtailment notice at least 8 weeks before she leave must be taken by the mother after the birth of a baby and 4 weeks in the are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and. first year with their child. We mainly work remotely, so we can work with you wherever you are. maternity leave, or additional adoption leave) it may not be reasonably practicable M satisfies the continuity of employment test (see regulation 35); M has, at the date of C’s birth, the main responsibility for the care of C (apart from the responsibility of P); M is entitled to statutory maternity leave in respect of C; M has ended any entitlement to statutory maternity leave by curtailing that leave under section 71(3)(ba) or 73(3)(a) of the 1996 Act (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; M has complied with regulation 8 (notice to employer of entitlement to shared parental leave); M has complied with regulation 10(3) to (5) (evidence for employer); and. are in agreement and understand expectations and how SPL will operate at an varied dates in writing, stating their original leave dates; that they are (a)if sent by electronic communication, on the day of transmission; (b)if sent by post in an envelope which is properly addressed and sent by prepaid post, on the day on which it is posted; (c)if delivered personally, on the day of delivery. (b)if the employee does not choose a start date under sub-paragraph (a), that leave must start on the start date of the first period of leave requested in the period of leave notice. If the employee takes more than 26 weeks of SPL or

AP satisfies the employment and earnings test (see regulation 36); and. 35.—(1) For the purposes of entitlement to shared parental leave (see regulations 4, 5, 20 and 21), an employee satisfies the continuity of employment test if the employee—, (a)has been continuously employed with an employer for a period of not less than 26 weeks ending with the relevant week (see paragraph (3)); and. (3) In regulation 20(1) omit “to care for C”. (6) This regulation does not confer any right on an employer to require that any work be carried out during a period of shared parental leave, nor any right on an employee to work during a period of leave. (2) Shared parental leave must be taken in complete weeks. without curtailing her statutory maternity leave under section 71(3) or 73(3) of the 1996 Act; before the end of her maternity pay period and without curtailing that period under section 165(3A) of the 1992 Act; or. employee was likely to take SPL. 27.—(1) A may give A’s employer a written notice to vary a notice given under regulation 24 to vary how much shared parental leave A and AP each intend to take. (2) The provisions relating to shared parental leave in Part 3 have effect only in relation to children placed for adoption on or after 5th April 2015. If you need to put a Shared Parental Leave policy in place or would like to know your rights as an employer, get in touch with our employment law specialists on 0800 689 1700, email us at enquiries@hjsolicitors.co.uk or fill out the short form below with your enquiry. include the relationship of a child with adoptive, or former adoptive, parents, but do not include other adoptive relationships.

The Schedule contains provisions modifying the regulations in various cases where a claimant, the person with whom the claimant was caring for the child, or the child, dies or an adoption placement is disrupted. Shared Parental Leave (SPL) gives more choice in how 2 parents can care for their child. Fathers and same-sex partners want to … An employee is entitled not to be subjected to any days without bringing the SPL to an end. The same steps as above This will ensure both parties (4) Where by reason of AP’s death it is not reasonably practicable for A to satisfy a requirement under regulation 24, 28 or 31 for a notice to be given not less than eight weeks before the date on which a period of shared parental leave begins, that regulation is to have effect as if it required A to give the notice as soon as reasonably practicable before the date on which the period of leave begins. Where A dies after curtailing A’s statutory adoption leave under section 75A(2A) or 75B(3) of the 1996 Act, or after curtailing the statutory adoption pay period under section 171ZN(2A) of the 1992 Act, or after returning to work, as the case may be, and before AP has given a notice under regulation 25, sub-paragraph (2)(a) to (e) and (g) to (l) in paragraph 6 of this Schedule apply in relation to the entitlement of AP to shared parental leave.

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