Notice of intention to take SPL





An eligible employee must give their employer notice of entitlement to take SPL at least eight weeks before the start date of the intended leave. The notice must be signed by both parents and must state:



• how many weeks of statutory maternity or adoption leave (or maternity or adoption pay or maternity allowance if the mother was not eligible for maternity or adoption leave) have been or will be taken;





• how much leave both parents are entitled to take;





• how much leave each parent intends to take; and





• when they expect to take their leave.





The dates in the first notice are not binding on the employees, but are supposed to give the employer an idea of the employees’ plans. To vary this initial leave allocation, both parents must provide a further signed written notice, again at least eight weeks before the proposed leave date, this time containing:


• details of the original leave division; 





• confirmation that they are changing it; and





• advice of their new intentions.





If a child has not yet been born, this notice can state, for example: “two weeks after the child’s birth”.





The notice must be accompanied by a declaration from the employee’s partner that at the time of birth they:



• share main responsibility for the care of the child;





• meet the “employment and earnings” test; and





• consent to the employee taking the number of weeks of SPL specified in the notice of entitlement.




If shared parental pay (ShPP) is to be claimed, (see page 318), the mother must also give notice to end her statutory maternity or adoption pay or maternity allowance.