BEIS Document Template - Standard Numbering - … · Web viewMothers who qualify for Maternity Allowance (MA) will automatically meet this test as it is modelled on the test for MA

MODEL NOTICES AND DECLARATIONS TO EMPLOYER(Birth Parents)

February 2018

Model Notices and Declarations to employer – Shared Parental Leave and Pay (Birth Parents)

Contents

Model Notices and Declarations to employer – Shared Parental Leave and Pay (Birth Parents)______________________________________________________________1

Introduction__________________________________________________________3

What are the Model Notices and Declarations?______________________________3

What Notices and Declarations do birth parents need to give their employer?_______3

Mothers’ Model Notices and Declarations___________________________________5

Fathers’/Partners’ Model Notices and Declarations____________________________6

Mothers’ Model Notices and Declarations_____________________________________7

Section 1: Mother’s Notice of Entitlement and Intention________________________7

1A: You and your family:________________________________________________7

About you (the mother):_________________________________________________7

About the child’s other parent (the father/partner):_____________________________7

About your baby:______________________________________________________7

1B: Entitlement to Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP):______________________________________________________________8

About your maternity entitlement:_________________________________________8

About your entitlement to Shared Parental Leave (SPL):_______________________8

1C: Non-binding indication of when you plan to take Shared Parental Leave (SPL)___9

About your entitlement to Statutory Shared Parental Pay (ShPP):________________9

Section 2: Mother’s Declaration to Her Employer_____________________________9

Section 3: Father’s/Partner’s Declaration to Mother’s Employer__________________11

Section 4: Period of Leave Notice(s)______________________________________12

Notice to Employer – Shared Parental Leave and Pay (Birth Parents)

Period of Leave Notice 1_______________________________________________12



Section 5: Mother’s Notice to Curtail Maternity Entitlement_____________________13

Maternity Leave Curtailment Notice:______________________________________13

Maternity Pay Curtailment Notice:________________________________________13

Fathers’/Partners’ Model Notices and Declarations_____________________________14

Section 1: Father’s/Partner’s Notice of Entitlement and Intention_________________14

1A: You and your family:_______________________________________________14

About you (the father/partner):___________________________________________14

About the child’s other parent (the mother):_________________________________14

About your baby:_____________________________________________________14

1B: Entitlement to Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP):_____________________________________________________________15

About the mother’s maternity entitlement:__________________________________15

About your entitlement to Shared Parental Leave (SPL):______________________15

1C: Non-binding indication of when you plan to take Shared Parental Leave (SPL)__16

About your entitlement to Statutory Shared Parental Pay (ShPP):_______________16

Section 2: Father’s/Partner’s Declaration to Her/His employer___________________16

Fathers/Partners who are eligible for and planning to take Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP)__________________________16

Section 3: Mother’s Declaration to Father’s/Partner’s Employer__________________18

Section 4: Period of Leave Notice(s)______________________________________19




Notification Requirements – Birth parents who do not intend to use the Model Notices and Declarations (Birth Parents)__________________________________________20

Mother’s Notices and Declarations to her employer___________________________20

Father’s/Partner’s Notice and Declarations to her/his employer_________________23

Supplementary Evidence that may be requested by an Employer________________26

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IntroductionThe Model Notices and Declarations (Birth Parents) are part of a suite of tools which are intended to help individuals who are having a baby (or who have recently had a baby) understand and access Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP). They are not intended to be a definitive statement of the law but can be used by birth mothers and fathers/partners to give the correct notices and declarations to their respective employers.

If your particular circumstances do not appear to fit with the Model Notices and Declarations (Birth Parents) - including the guidance in this document - you should speak to your employer and/or take independent advice.

All of the tools and guidance for birth parents who are thinking of taking SPL and/or ShPP can be found at: https://www.gov.uk/guidance/shared-parental-leave-and-pay-guidance-and-tools-for-parents

Before giving your employer the Model Notices and Declarations (Birth Parents), you should check if you and/or your baby’s other parent1 (or both of you) are eligible for SPL and/or ShPP. They can do this using the Eligibility Checklists (Birth Parents) on Gov.UK.

What are the Model Notices and Declarations?

If you want to take Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP) you need to give your employer various information in the form of written notices and declarations.

Your baby’s other parent also has to give your employer various information and make a declaration to them.

This information doesn’t have to be provided on a particular form but parents can use the Model Notices and Declarations (Birth Parents) to give their employer all of the required information, notices and declarations in one document if they wish.

What Notices and Declarations do birth parents need to give their employer?

At least 8 weeks before they take their first block of Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP), parents must give their employer:

• ‘Notice of Entitlement and Intention’ – This is written notice to the employer confirming that the parent is eligible for SPL and/or ShPP. If both parents are eligible

1 In the case of birth parents the other parent is the child’s mother or the mother’s spouse; civil partner or a partner living with the mother and child in an enduring family relationship.

3

https://www.gov.uk/guidance/shared-parental-leave-and-pay-guidance-and-tools-for-parents

https://www.gov.uk/guidance/shared-parental-leave-and-pay-guidance-and-tools-for-parents


for and intend to take SPL and/or ShPP they will each need to give their respective employers ‘Notice of Entitlement and Intention’.

• A non-binding indication of when the parent intends to take SPL. The parent is not bound by these dates until such time as they give their employer a binding Period of Leave Notice but it is helpful to think about when you might like to take SPL (and discuss this with the other parent and your employer) before ‘booking’ SPL as you are limited to 3 Period of Leave Notices.

• A ‘Maternity Leave Curtailment Notice’ (mothers) or confirmation that the mother has given a ‘Maternity Leave Curtailment Notice’ to her employer (fathers and partners). A ‘Maternity Leave Curtailment Notice’ is written notice to the mother’s employer that she intends to end her Maternity Leave (ML) early (i.e. take less than 52 weeks of ML) to ‘create’ SPL for herself or the father/partner (or both parents) to take. It is only required if the mother has not already ended her ML by returning to work.

The ‘Maternity Leave Curtailment Notice’ must specify the date that the mother will end her ML on (this is a date of the mother’s choice which falls within the mother’s 52 week Maternity Leave Period).

Having decided when the mother will end her ML, the parents can work out how much SPL will be available for them to take. Any weeks of ML that the mother has taken or plans to take will reduce the ‘pot’ of SPL that can be taken by one or both of the parents (subject to them being eligible for SPL).

• A ‘Maternity Pay Curtailment Notice’ (mothers) or confirmation that the mother has given a ‘Maternity Pay Curtailment Notice’ to her employer (fathers and partners). A ‘Maternity Pay Curtailment Notice’ is written notice to the mother’s employer that she will end her Statutory Maternity Pay (SMP) early (i.e. take less than 39 weeks of SMP2) to ‘create’ ShPP for herself or the father/partner (or both parents) to take. The mother needs to give her employer this notice even if she has already returned to work.

The ‘Maternity Pay Curtailment Notice’ must specify the date that the mother will end her SMP on (this is a date of the mother’s choice which falls within the mother’s 39 week Statutory Maternity Pay Period).

Having decided when the mother will end her SMP, the parents can work out how much ShPP will be available for them to take. Any weeks of SMP that the mother has

2 If the mother is not entitled to Maternity Leave (ML) she can end her Statutory Maternity Pay (SMP) early to create Shared Parental Leave (SPL) as well as Statutory Shared Parental Pay (ShPP).

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taken or plans to take will reduce the ‘pot’ of ShPP that can be taken by one or both of the parents (subject to them being eligible for ShPP).

• A Declaration from each of the parents confirming that they each meet various conditions. The conditions that a parent (whether the mother, father or partner) has to meet in order to take SPL and/or ShPP are different to the conditions that they have to meet if they are confirming that they agree to the child’s other parent taking SPL and/or ShPP. If both parents are eligible for SPL and/or ShPP and plan to take it they will each have to meet the conditions for the parent who is planning to take SPL and/or ShPP and the conditions for the parent who is consenting.

• A binding Period of Leave Notice when the parents have firmed up the dates that they would like to take SPL - this should set out the start and end dates of each period of SPL. Each parent can take up to 3 blocks of SPL and/or ShPP – more if their employer agrees. A Period of Leave Notice is required to ‘book’ the SPL that the parent would like to take. Whilst there is no equivalent to the Period of Leave Notice for ShPP, parents who wish to claim ShPP will need to give their employer their dates for this to enable the employer to pay them the ShPP that they are entitled to (8 weeks’ notice is required).

Birth parents wishing to take SPL and/or ShPP can give their employer(s) all of the required information, notices and declarations using the Model Notices and Declarations (Birth Parents). If your prefer to provide the information in another way you should refer to the list of information, notices and declarations that are required at the end of this document – see: Notification Requirements – Birth parents who do not intend to use the Model Notices and Declarations (Birth Parents).

Mothers’ Model Notices and DeclarationsThe Mothers’ Model Notices and Declarations enable the mother to provide all of the information, notices and declarations that she needs to give her employer in a single document. The document is split into 5 sections:

• Section 1: Mother’s Notice of Entitlement and Intention• Section 2: Mother’s Declaration to Her Employer• Section 3: Father’s/Partner’s Declaration to Mother’s Employer• Section 4: Period of Leave Notice(s) • Section 5: Mother’s Notice to Curtail Maternity Entitlement

Further information on the various notices and declarations that are required can be found at: Mother’s Notice and Declarations to her employer.

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Fathers’/Partners’ Model Notices and DeclarationsThe Model Notices and Declarations for fathers and partners enable the father/partner to provide all of the information, notices and declarations that s/he needs to give to her/his employer in a single document. The document is split into 4 sections:

• Section 1: Father’s/Partner’s Notice of Entitlement and Intention• Section 2: Father’s/Partner’s Declaration to Her/His employer• Section 3: Mother’s Declaration to Father’s/Partner’s Employer• Section 4: Period of Leave Notice(s)

Further information on the various notices and declarations that are required can be found at: Father’s/Partner’s Notice and Declarations to her/his employer.

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Mothers’ Model Notices and Declarations

Section 1: Mother’s Notice of Entitlement and Intention

1A: You and your family:

About you (the mother):Surname: National Insurance Number (Please state

explicitly if you do not have a National Insurance Number):

First name(s): Address:

About the child’s other parent (the father/partner):Surname: National Insurance Number (Please state



About your baby:Expected date of birth (due date): Actual date of birth (if your baby has already

been born):

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1B: Entitlement to Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP):

About your maternity entitlement:Date Maternity Leave (ML) will start/started (if applicable):

Date you will return to work or end your ML (if applicable):

Note: You can either end your ML by returning to work or by giving your employer a ‘Maternity Leave Curtailment Notice’ (see: Section 5).

Number of weeks of ML left at the date your ML will end (if applicable):

Date Statutory Maternity Pay (SMP) will start/started (if applicable):

Date your wish to end your SMP (if applicable):

Note: You will need to give your employer a ‘Maternity Pay Curtailment Notice’ (see: Section 5).

Number of weeks of SMP remaining at the date your SMP will end (if applicable):

About your entitlement to Shared Parental Leave (SPL):Weeks of SPL ‘created’ (if applicable):

Note: This is 52 weeks less the number of weeks of ML you intend to take. If you are not eligible for ML this will be 52 weeks less the number of weeks of SMP you will have taken when your SMP ends3:Number of weeks of SPL you intend to take (if any).

Number of weeks of SPL the father/partner intends to take (if any).

3 If the mother isn’t eligible for ML she can ‘create’ SPL and/or ShPP for an employed father/partner to take by committing to end her SMP or her Maternity Allowance (MA) early. Notice to end MA early should be given to Jobcentre Plus.

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1C: Non-binding indication of when you plan to take Shared Parental Leave (SPL)

At the date of this notice I intend to take SPL between the following dates:

SPL Start Date SPL End Date

Note: You need to give your employer a Period of Leave Notice to ‘book’ the SPL that you intend to take. You can do this now if you have already firmed up your leave dates (see: Section 4).

About your entitlement to Statutory Shared Parental Pay (ShPP):Weeks of ShPP ‘created’ (if applicable):

Note: This is 39 weeks less the number of weeks of SMP you intend to take.

Number of weeks of ShPP you intend to take (if any):

Number of weeks of ShPP the father/partner intends to take (if any):

Section 2: Mother’s Declaration to Her Employer

Note: You should only tick or electronically check the box in the right hand column if the statement is correct.

I am giving notice that I am entitled to and intend to take SPL and/or ShPP (delete as appropriate)

☐

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I had or (will have) the main responsibility for the care of the child at the time of the child’s birth (along with the father/partner who has made the declaration in Section 3).

☐

I am eligible for and intend to take SPL.

Note: Please refer to the Eligibility Checklist (Birth Parents) on Gov.UK and ensure that you are eligible for SPL.

☐

I am eligible for and intend to take ShPP

Note: Please refer to the Eligibility Checklist (Birth Parents) on Gov.UK and ensure that you are eligible for ShPP.

☐

I will be caring for my child during the weeks that I am on SPL. ☐

I will be caring for my child during the weeks in which I claim ShPP. ☐

I will provide additional evidence to my employer (on request) if my employer asks for this within 14 days of the date of this notice.

Note: See Supplementary Evidence that may be requested by an Employer.

☐

I will inform my employer immediately if my circumstances change and I cease to care for my child.

☐

I will inform my employer immediately if I withdraw or change my ‘Maternity Leave Curtailment Notice’ and/or my ‘Maternity Pay Curtailment Notice’. (See: Section 5).

☐

I will inform my employer immediately if I cease to be eligible for SPL and/or ShPP for some other reason.

☐

I confirm that the information provided in my Notice of Entitlement and Intention (see Section 1) and in the Mother’s Declaration (see Section 2) is correct.

☐

Alternatively, if you are not intending to take any SPL or ShPP, you should confirm the following:

• I am either not entitled to SPL (or ShPP where relevant), or I do not intend to take SPL (or claim ShPP where relevant).

• I declare that the father/partner has given notice to their employer to take SPL and/or ShPP.

• I consent to the father/partner intended claim for SPL and/or ShPP.

☐

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Mother’s signature: …………………………………………………………………….

Date: …………………………………………………………………………………….

Section 3: Father’s/Partner’s Declaration to Mother’s EmployerNote: You should only tick or electronically check the box in the right hand column if the statement is correct.

I had (or will have) the main responsibility for the care of the child at the time of the child’s birth (along with the child’s mother).

☐

I am the father of the child and/or at the date of the child’s birth I was (or will be) the mother’s: spouse; civil partner; or a partner living with the mother and her child in an enduring family relationship.

☐

I have read and comply with the conditions that apply to the father/partner where the mother is planning to take Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP).

Note: Please refer to the Eligibility Checklists (Birth Parents) on Gov.UK and ensure that you meet the conditions that apply to fathers/partner when they are consenting to the mother taking SPL and/or ShPP.

☐

I consent to the mother taking the period or periods of SPL and/or ShPP (delete if not applicable) that she has indicated in section 1B.

☐

I consent to the mother’s employer processing the information about me provided in the Mother’s Notice of Entitlement and Intention (see Section 1) and in the Father’s/Partner’s Declaration (see Section 3).

☐

I confirm that the information provided in the Father’s/Partner’s Declaration is correct.

☐

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Father’s/Partner’s signature: ………………………………………………………….

Date: ……………………………………………………………………………………..

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Section 4: Period of Leave Notice(s)

Note : You are entitled to give your employer up to 3 Period of Leave Notices. The notice(s) must be given to your employer at least 8 weeks before the start of the period of Shared Parental Leave (SPL) referred to in the notice. You can change your mind about your dates for SPL but any notice to vary or cancel SPL already ‘booked’ will count towards your cap of 3 Period of Leave Notices.

Period of Leave Notice 1Start date for SPL End date for SPL

Notice to employer:

Please treat this as binding notice to take Shared Parental Leave on the dates specified above.


Notice to employer:


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Notice to employer:


Section 5: Mother’s Notice to Curtail Maternity Entitlement

Note: You should only complete Section 5 if: you are the child’s mother; you and/or the father/partner are eligible for Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP); and you consent to ending your Maternity Leave (ML) and/or your Statutory Maternity Pay (SMP) early to enable you and/or the father/partner to take SPL and/or ShPP.

Mother’s name: ……………………………………………………………………………..

Maternity Leave Curtailment Notice:

I would like my ML to end on: (insert date) ………………………………………………

Maternity Pay Curtailment Notice:

I would like my SMP to end on: (insert date) ……………………………………………

I have given notice of my/the father’s/partner’s entitlement to and intention to take SPL and/or ShPP in the Notice of Entitlement and Intention.

Notice to employer:

Please accept this as my notice to curtail my Maternity Leave (ML) and/or my Statutory Maternity Pay (SMP). Notice of Entitlement and Intention to Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP) is set out in Section 1 of this document.

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I understand that my ML and/or SMP will end on the dates that I have given above.

I understand that I can only reinstate my ML or SMP if I revoke (withdraw) this notice before these dates.

I confirm that the information provided in this notice is correct.

Mother’s signature: ……………………………………………………………………………..

Date: ………………………………………………………………………………………………

Fathers’/Partners’ Model Notices and Declarations

Section 1: Father’s/Partner’s Notice of Entitlement and Intention

1A: You and your family:

About you (the father/partner):Surname: National Insurance Number (Please state



About the child’s other parent (the mother):Surname: National Insurance Number (Please state


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About your baby:Expected date of birth (due date): Actual date of birth (if the child has already

been born):

1B: Entitlement to Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP):

About the mother’s maternity entitlement:Date Maternity Leave (ML) will start/started (if applicable):

Date mother will return to work or end her ML (if applicable):

Note: The mother can either end her ML by returning to work or by giving her employer a ‘Maternity Leave Curtailment Notice’.

Number of weeks of ML left at the date the mother’s ML will end (if applicable):

Date Statutory Maternity Pay (SMP) will start/started (if applicable):

Date the mother will end her SMP (if applicable):

Note: The mother will need to give her employer a ‘Maternity Pay Curtailment Notice’.

Number of weeks of SMP remaining at the date the mother’s SMP will end (if applicable):

About your entitlement to Shared Parental Leave (SPL):Weeks of SPL ‘created’ (if applicable):

Note: This is 52 weeks less number of weeks of ML the mother intends to take. If the mother is not eligible for ML this will be 52 weeks less the number of weeks of SMP or Maternity Allowance (MA) the mother will

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have taken when her SMP or MA ends4:Number of weeks of SPL you intend to take (if any).

Number of weeks of SPL the mother intends to take (if any).

1C: Non-binding indication of when you plan to take Shared Parental Leave (SPL)

At the date of this notice I intend to take SPL between the following dates:

SPL Start Date SPL End Date

Note: You need to give your employer a Period of Leave Notice to ‘book’ the SPL that you intend to take. You can do this now if you have already firmed up your leave dates (see: Section 4).

About your entitlement to Statutory Shared Parental Pay (ShPP):Weeks of ShPP ‘created’ (if applicable):

Note: This is 39 weeks less the number of weeks of SMP the mother intends to take.

Number of weeks of ShPP you intend to take (if any):

Number of weeks of ShPP the mother intends to take (if any):

Section 2: Father’s/Partner’s Declaration to Her / His employer

4 If the mother isn’t eligible for ML she can ‘create’ SPL (as well as ShPP) for an employed father/partner to take by committing to end her SMP or MA early (i.e. take less than 39 weeks of SMP/MA). Mothers who qualify for MA need to notify Jobcentre Plus if they wish to curtail their MA (they don’t need to do this on a particular form but they need to have claimed MA to commit to ending it early).

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Note: You should only tick or electronically check the box in the right hand column if the statement is correct.

Fathers/Partners who are eligible for and planning to take Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP)

I am giving notice that I am entitled to and intend to take SPL and or/ShPP (delete as appropriate)

☐

I am the father of the child and/or at the date of the child’s birth I was (or will be) the mother’s: spouse; civil partner; or a partner living with the mother and her child in an enduring family relationship.

☐

I had or (will have) the main responsibility for the care of the child at the time of the child’s birth (along with the mother who has made the declaration in Section 3).

☐

I am eligible for and intend to take SPL.

Note: Please refer to the Eligibility Checklist (Birth Parents) on Gov.UK and ensure that you are eligible for SPL.

☐

I am eligible for and intend to take ShPP.

Note: Please refer to the Eligibility Checklist (Birth Parents) on Gov.UK and ensure that you are eligible for ShPP.

☐

I will be caring for the child during the weeks that I am on SPL. ☐

I will be caring for the child during the weeks in which I claim ShPP. ☐

I will provide additional evidence to my employer (on request) if my employer asks for this within 14 days of the date of this notice.

Note: See Supplementary Evidence that may be requested by an Employer.

☐

I will immediately inform my employer if my circumstances change and I cease to care for the child.

☐

I will immediately inform my employer if the mother withdraws or changes her ‘Maternity Leave Curtailment Notice’ and/or her ‘Maternity Pay Curtailment Notice’.

☐

I will immediately inform my employer if I cease to be entitled to SPL and/or ShPP for some other reason.

☐

I confirm that the information provided in my Notice of Entitlement and Intention ☐

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(see Section 1) and in the Father’s/Partner’s Declaration (see Section 2) is correct.

Father’s/Partner’s signature: ..……………………………………………………….

Date: …………………………………………………………………………………….

Section 3: Mother’s Declaration to Father’s/Partner’s EmployerNote: You should only tick or electronically check the box in the right hand column if the statement is correct.

I had (or will have) the main responsibility for the care of the child at the time of the birth (along with the child’s father/my partner).

☐

I am the mother of the child. ☐

The father/partner is the child’s father and/or at the date of the child’s birth is my spouse, civil partner; or a partner living with me in an enduring relationship.

☐

I have read and comply with the conditions that apply to the mother where the father/partner is planning to take Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP).

Note: Please refer to the Eligibility Checklists (Birth Parents) on Gov.UK and ensure that you meet the conditions that apply to mother when they are consenting to the father/partner taking SPL and/or ShPP.

☐

I consent to the father/partner taking the period or periods of SPL and/or ShPP (delete if not applicable) indicated in the Father’s/Partner’s Notice of Entitlement and Intention (see: Section 1B).

☐

I will immediately inform the father/partner if I revoke (withdraw) my ‘Maternity Curtailment Notice’ and/or my ‘Maternity Pay Notice’.

☐

I consent to the father’s/partner’s employer processing the information about me provided in the Father’s/Partner’s Notice of Entitlement and Intention and in the Mother’s Declaration.

☐

I confirm that the information provided in the Mother’s Declaration is correct. ☐

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Mother’s signature: …………………………………………………………………….

Date: ……………………………………………………………………………………..

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Section 4: Period of Leave Notice(s)

Note : You are entitled to give your employer up to 3 Period of Leave Notices. The notice(s) must be given to your employer at least 8 weeks before the start of the period of Shared Parental Leave (SPL) referred to in the notice. You can change your mind about your dates for SPL but any notice to vary or cancel SPL already ‘booked’ will count towards your cap of 3 Period of Leave Notices.


Notice to employer:



Notice to employer:



Notice to employer:


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Notification Requirements – Birth parents who do not intend to use the Model Notices and Declarations (Birth Parents)

If you do not intend to use the Model Notices and Declarations (Birth Parents) you need to give your employer the following information.

Mother’s Notices and Declarations to her employerUp to 6 notices/declarations are required depending on whether the mother is eligible for and plans to take Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP) herself; whether the father/partner is eligible for and plans to take SPL and/or ShPP.

• Notice of Entitlement and Intention• Non-binding indication of Shared Parental Leave dates • Declaration by mother• Declaration by father/partner to mother’s employer• Period of Leave Notice(s)• Maternity Leave Curtailment Notice• Maternity Pay Curtailment Notice

All of the above notices and declarations must be given in writing at least 8 weeks before the mother and/or the father/partner plans to take SPL and/or ShPP.

Mother’s Notice of Entitlement and Intention

The mother’s written notice of her entitlement to and intention to take Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP) must include the following:

• Her name.• The name of the father/the mother’s partner.• The start and end dates of her Maternity Leave (ML) if the mother is eligible for ML.• The start and end dates of her Statutory Maternity Pay (SMP) if the mother is eligible

for SMP.• The total amount of SPL available (52 weeks – minus any ML taken/to be taken by

the mother. If the mother is not eligible for ML this is 52 weeks – minus any weeks of SMP or Maternity Allowance (MA) that the mother has claimed or intends to claim).

• The total amount of ShPP available (39 weeks – minus any SMP taken/to be taken by the mother).

• The expected week of birth (or the actual date of birth if the child has already been born).

• The number of weeks of SPL and/or ShPP that will be allocated to the mother (if any).

• The number of weeks of SPL and/or ShPP that will be allocated to the father/partner (if any).

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Non-binding indication of Shared Parental Leave Dates

If the mother is eligible for an intends to take Shared Parental Leave (SPL) herself she must give her employer an indication of when she plans to be off work on SPL. The mother is not committing to these dates until such time as she gives her employer a formal Period of Leave Notice(s).

If the mother is eligible for Statutory Shared Parental Pay (ShPP) there is no requirement for a non-binding indication of ShPP dates but she will need to tell her employer which weeks she intends to claim ShPP to enable the employer to pay the mother ShPP.

Declaration by mother

The Declaration that the mother makes to her employer must confirm that she has: • Been continuously employed by the employer for a period of at least 26 weeks

ending with the 15th week before the expected week of childbirth (EWC). This broadly means that she will have started working for her current employer before the mother got pregnant; and

• Remained or will remain in continuous employment with that employer until the week before any period of Shared Parental Leave (SPL) or Statutory Shared Parental Pay (ShPP) that she intends to take.

• The had/will have the main responsibility for caring for her child (together with the father/partner) at the date of the child’s birth and will be caring for her child during any weeks that she is on SPL and/or claims ShPP. The mother must immediately inform her employer if this changes or if she is no longer eligible for SPL and/or ShPP for some other reason.

• An entitlement to Maternity Leave (ML) and plans to end this early (i.e. take less than 52 weeks of ML) to ‘create’ SPL for the mother and/or the father/partner to take. If the mother is not entitled to ML she will not be able to take SPL herself but she can ‘create’ SPL for an employed father/partner to take by committing to end her SMP early (i.e. take less than 39 weeks of SMP).

• An entitlement to Statutory Maternity Pay (SMP) and plans to end this early (i.e. take less than 39 weeks of SMP) to ‘create’ ShPP for the mother and/or the father/partner to take and/or (where the mother is not entitled to ML) she plans to end her SMP early (i.e. take less than 39 weeks of SMP) to ‘create’ SPL for the father/partner to take.

• Given her employer a ‘Maternity Leave Curtailment Notice’ or ended her ML early (i.e. taken less than 52 weeks of ML) by returning to work (the mother is required to give her employer at least 8 weeks’ notice of her return to work date).

• Given her employer a ‘Maternity Pay Curtailment Notice’. This is required even if the mother has returned to work.

• Provided the required information to her employer and confirms that this is correct.

Declaration by father/partner to mother’s employer

The Declaration that the father/partner makes to the mother’s employer must confirm that: 23


• The information about the father/partner in the Mother’s Notice of Entitlement and Intention (including her/his: name and address and National Insurance (NI) number, or the statement that they do not have a NI number) is correct.

• They meet the ‘Work and Earnings Test’. This is a low threshold test which requires the father/partner to have worked in an employed and/or self-employed capacity for at least 26 weeks in the 66 period leading up to the expected week of childbirth (EWC) and to have earned, or be treated as having earned, at least £30 a week on average (i.e. £390 in total) over the 13 highest earning weeks in the 66 week period. The weeks of work and earnings do not need to be consecutive weeks and can be a mixture of earnings from employment and self-employment.

• She/he is the father of the child, and/or the mother’s: spouse; civil partner; or a partner living with the mother and child in an enduring family relationship.

• She/he will have the main responsibility for caring for the child (together with the mother) at the date of the child’s birth.

• She/he consents to mother taking the amount of Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP) that the mother has indicated she will take.

• The information contained in the Father’s/Partner’s Declaration is correct.• She/he consents to the mother’s employer processing the information about her/him

included in the Mother’s Notice of Entitlement and the Father’s/Partner’s Declaration.

Period of Leave Notice(s)

• At least 8 weeks before the mother intends to be off work on Shared Parental Leave (SPL) she must give her employer a Period of Leave Notice. This is ‘binding notice’ to ‘book’ the dates that she will be off work on SPL.

• The mother is entitled to give her employer up to 3 Period of Leave Notices (more if the employer allows) and can use these to book one or more blocks of consecutive weeks of leave.

• Special rules apply if the mother uses a single Period of Leave Notice to book more than one block of SPL. But if she uses each of the 3 Period of Leave Notices that are available to book a single block of SPL she is legally entitled to take this (subject to her being eligible for SPL and giving sufficient notice of her SPL dates). This means that the mother can secure up to 3 separate periods of time off work (SPL) by using 3 separate Period of Leave Notices if she wishes.

• The mother can cancel or vary a Period of Leave notice that she has given her employer but the notice to cancel/vary will count towards the cap of 3 Period of Leave Notices (unless the employer allows the mother to give an additional notice).

• There is no requirement for a period of pay notice but the mother needs to give her employer at least 8 weeks written notice of the dates that she will claim ShPP to enable her employer to pay the mother ShPP.

Maternity Leave Curtailment Notice

A ‘Maternity Leave Curtailment Notice’ is a written notice to the mother’s employer committing to end her Maternity Leave (ML) on a specified date of the mother’s choice (i.e. she is committing to take less than 52 weeks of ML). The mother only needs to give her employer a ‘Maternity Leave Curtailment Notice’ if she has not already returned to work.

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Maternity Pay Curtailment Notice

A ‘Maternity Pay Curtailment Notice’ is a written notice to the mother’s employer committing to end her Statutory Maternity Pay (SMP) on a specified date of the mother’s choice (i.e. she is committing to take less than 39 weeks of SMP). The date that the mother will end her Maternity Leave (ML) on must be specified in the notice. The mother needs to give her employer a Maternity Pay Curtailment Notice even if she has already returned to work.

Father’s/Partner’s Notice and Declarations to her/his employerUp to 4 notices/declarations are required depending on whether the father/partner is eligible for and plans to take Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP) themselves; and whether the mother is eligible for and plans to take SPL and/or ShPP.

• Notice of Entitlement and Intention• Non-binding indication of Shared Parental Leave dates• Declaration by father/partner• Declaration by mother to father’s/partner’s employer• Period of Leave Notice(s)

All of the above notices and declarations must be given in writing at least 8 weeks before the mother and/or the father/partner plans to take SPL and/or ShPP.

Father’s/Partner’s Notice of Entitlement and IntentionThe father’s/partner’s written notice of her/his entitlement to and intention to take Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP) must include the following:

• Her/his name.• The name of the mother. • The start and end dates of the mother’s Maternity Leave (ML) if the mother is eligible

for ML• The start and end dates of the mother’s Statutory Maternity Pay (SMP) if the mother

is eligible for SMP.• The start and end dates of the mother’s Maternity Allowance (MA) if the mother is not

eligible for ML but is eligible for MA.• The total amount of SPL available (52 weeks – minus any ML taken/to be taken by

the mother. If the mother is not eligible for ML this is 52 weeks – minus any SMP or MA taken/to be taken by the mother).

• The total amount of ShPP available (39 weeks – minus any SMP or MA taken/to be taken by the mother)

• The expected week of birth of the baby (or the actual date of birth if the child has already been born).

• The number of weeks of SPL and/or ShPP that will be allocated to the father/partner (if any).

• The number of weeks of SPL and/or ShPP that will be allocated to the mother (if any).

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Non-binding indication of Shared Parental Leave Dates

If the father/partner is eligible for and intends to take Shared Parental Leave (SPL) herself/himself she/he must give her/his employer an indication of when s/he plans to be off work on SPL. The father/partner is not committing to these dates until such time as s/he gives her/his employer a formal Period of Leave Notice(s).

If the father/partner is eligible for Statutory Shared Parental Pay (ShPP) there is no requirement for a non-binding indication of ShPP dates but s/he will need to tell her/his employer which weeks s/he intends to claim ShPP to enable the employer to pay the father/partner.

Declaration by father/partner The Declaration that the father/partner to her/his employer must confirm that s/he has: • Been continuously employed by the employer for a period of at least 26 weeks

ending with the 15th week before the expected week of childbirth (EWC). This broadly means that s/he will have started working for her/his current employer before the mother got pregnant; and

• Remained or will remain in continuous employment with that employer until the week before any period of Shared Parental Leave (SPL) or Statutory Shared Parental Pay (ShPP) that s/he intends to take.

• The main responsibility for caring for her/his child (together with the mother) at the date of the child’s birth and will be caring for the child during any weeks that s/he is on SPL or claims ShPP. The father/partner must immediately inform her/his employer if this changes or if s/he is no longer eligible for SPL and/or ShPP for some other reason.

The Declaration that the father/partner makes to her/his employer must also confirm that the mother has:

• An entitlement to Maternity Leave (ML) and plans to end this early (i.e. take less than 52 weeks of ML) to ‘create’ SPL for the mother and/or the father/partner to take. If the mother is not entitled to ML she will not be able to take SPL herself but she can ‘create’ SPL for an employed father/partner to take by committing to end her Statutory Maternity Pay (SMP) early (i.e. take less than 39 weeks of SMP).

• An entitlement to Statutory Maternity Pay (SMP) and plans to end this early (i.e. take less than 39 weeks of SMP) to ‘create’ ShPP for the mother and/or the father/partner to take and/or (where the mother is not entitled to ML) she plans to end this early to ‘create’ SPL for the father/partner to take.

• Given her employer a ‘Maternity Leave Curtailment Notice’ or ended her ML early (i.e. taken less than 52 weeks of ML) by returning to work (the mother is required to give her employer at least 8 weeks’ notice of her return to work date).

• Given her employer a ‘Maternity Pay Curtailment Notice’. This is required even if the mother has returned to work.

• Provided the required information to her employer and confirm that this is correct. 26


Declaration by mother to the father’s/partner’s employer

The Declaration that the mother makes to the father’s/partner’s employer must confirm that:

• The information about the mother in the Mother’s Notice of Entitlement and Intention (including her: name and address and National Insurance (NI) number, or the statement that she does not have a NI number) is correct.

• She meets the ‘Work and Earnings Test’. This is a low threshold test which requires the mother to have worked in an employed and/or self-employed capacity for at least 26 weeks in the 66 period leading up to the expected week of childbirth (EWC) and to have earned, or be treated as having earned, at least £30 a week on average (i.e. £390 in total) over the 13 highest earning weeks in the 66 week period. The weeks of work and earnings do not need to be consecutive weeks and can be a mixture of earnings from employment and self-employment earnings. Mothers who qualify for Maternity Allowance (MA) will automatically meet this test as it is modelled on the test for MA.

• She is the mother of the child, and/or the father’s/partner’s: spouse; civil partner; or a partner living with the father/partner and child in an enduring family relationship.

• She will have the main responsibility for caring for the child (together with the father/partner) at the date of the child’s birth.

• She consents to father/partner taking the amount of Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP) that the father/partner has indicated she/he will take.

• The information contained in the Mother’s Declaration to the father’s/partner’s employer is correct.

• She consents to the father’s/partner’s employer processing the information about her included in the Father’s/Partner’s Notice of Entitlement and the Mother’s Declaration to the father’s/partner’s employer.

Period of Leave Notice(s)• At least 8 weeks before the father/partner intends to be off work on Shared Parental

Leave (SPL) s/he must give her/his employer a Period of Leave Notice. This is ‘binding notice’ to ‘book’ the dates that s/he will be off work on SPL.

• The father/partner is entitled to give her/his employer up to 3 Period of Leave Notices (more if the employer allows) and can use these to book one or more blocks of consecutive weeks of SPL.

• Special rules apply if the father/partner uses a single Period of Leave Notice to book more than one block of SPL. But if s/he uses each of the 3 Period of Leave Notices that are available to book a single block of SPL s/he is legally entitled to take this (subject to her/him being eligible for SPL and giving sufficient notice of SPL dates). This means that the father/partner can secure up to 3 separate periods of time off work (SPL) by using 3 separate Period of Leave Notices if s/he wishes.

• The father/partner can cancel or vary a Period of Leave notice that s/he has given her/his employer but the notice to cancel/vary will count towards the cap of 3 Period of Leave Notices (unless the employer allows the father/partner to give an additional notice(s)).

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There is no requirement for a period of pay notice but the father/partner needs to give her/his employer at least 8 weeks written notice of the dates that s/he will claim ShPP to enable her employer to pay the father/partner ShPP.

Supplementary Evidence that may be requested by an Employer

In the two weeks following the mother or the father/partner giving Notice of Entitlement and Intention to their employer, the employer may request:

• A copy of the birth certificate;• The name and address of the other parent’s employer.

The mother/father/partner has 14 days to respond.

If the child has not yet been born at the time of the employer’s request, the mother/father/partner must provide a copy of the birth certificate within 14 days of the birth, or if the birth certificate has not been issued at that point, the mother/father/partner must provide a signed declaration stating the date and location of the birth and stating that a birth certificate has not yet been issued.

If there is no employer for the child’s other parent (e.g. if s/he is not an employee or is self-employed) s/he must provide a declaration that there is no employer.

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BEIS Document Template - Standard Numbering - … · Web viewMothers who qualify for Maternity Allowance (MA) will automatically meet this test as it is modelled on the test for MA