There are a number of special circumstances which effect the entitlement to SPL:
Death of a parent during the child’s first year
If either parent dies and the other parent is taking, or is entitled to SPL, then they will continue to be eligible. Any SPL that was due to be taken by the deceased parent may be transferred to the other parent if the other parent is eligible for SPL. Should it be necessary for the other parent to take a further period of SPL, or to vary pre-agreed leave, then notice may be given as soon as is reasonably practicable if eight weeks’ notice cannot be given. If they have already given three notices to take leave, they must be allowed to submit one further notice to book/amend SPL.
Partner no longer caring for the child
If the circumstances of an employee who has booked SPL change so that they will no longer be responsible for caring for the child (unless it is because the child has died), their entitlement to both SPL and ShPP will immediately cease and they must tell the University. If the employee has any SPL arranged within eight weeks of their entitlement ceasing, the University can still require them to take it as SPL if it is not reasonably practicable for the University to have the employee in work, for example because cover has been arranged. Any weeks of SPL arranged after eight weeks of the entitlement ceasing must be cancelled. If the remaining parent will be continuing to care for the child, then they will still be eligible to take their SPL entitlement. If the other parent, who is no longer caring for the child had any SPL leave entitlement outstanding, the remaining parent will only be able to transfer it into their own entitlement if they can get the signed agreement of the other parent to a notice confirming a variation of leave entitlement.
Death of the child before or during birth, or within the first year
Should the child die before the parents have submitted a notice of entitlement to take SPL, then they cannot opt into SPL because a qualifying condition is caring for a child. The mother will remain entitled to maternity leave and the mother’s partner could still qualify for statutory paternity leave. If the parents have opted into SPL and they have booked leave, they will still be entitled to take the booked leave. No further notice to book leave can be submitted and only one variation notice can be given to reduce a period of leave or to rearrange a discontinuous leave arrangement into a single block of leave. An employee who is absent on SPL may cancel agreed SPL and return to work by giving the university eight weeks’ notice of their return to work.
Early Birth
If the child is born before their expected due date and the employee had booked to take SPL within the first eight weeks of the due date, they may take the same period of time off after the actual birth without having to provide eight weeks’ notice, by submitting a notice to vary their leave as soon as is reasonably practicable. Unlike most other variation notices, this would not count as one of the employee’s three notifications. Any leave arranged after the first eight weeks of the due date is still bound by the eight week notice required to vary leave. If the child is born more than eight weeks before the due date and the notice of entitlement to SPL and/or a notice to book SPL have not yet been given, then there is no requirement to give eight weeks’ notice before the period of leave starts. The notices should be given as soon as is reasonably practicable after the actual birth.