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Topic: Work and parents

declaration of consent and entitlement to SPL
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Declaration of consent and entitlement to SPL

Declaration of consent and entitlement to SPL

Our declaration of consent and entitlement to SPL is for use where the mother or primary adopter doesn’t initially intend to take any SPL and instead they propose to transfer the full balance of their maternity or adoption leave to their partner or the child’s father.

A balance transfer

Normally, to qualify for SPL parents or adopters need to submit three separate forms - a maternity leave or adoption leave curtailment notice (only submitted by the mother or adopter), a notice of entitlement to SPL and a period of leave notice for SPL. However, this is not the position where the mother or primary adopter wants to curtail their maternity or adoption leave and then transfer the entire remaining balance as SPL for their partner or the child’s father to take alone, i.e. where they don’t intend to take any SPL themselves.

Written declaration

In this scenario the mother or primary adopter doesn’t need to submit either their own notice of entitlement to SPL or a period of leave notice for SPL - as they’re not planning to take any - but they do still need to submit a declaration of consent and entitlement. This is in addition to the signed curtailment notice, which must still be submitted unless the employee has already returned to work early from their maternity or adoption leave. The declaration of consent and entitlement must be in writing and signed by the mother or primary adopter. It effectively notifies you that:

  • their partner/the child’s father has given a notice of entitlement to SPL to their own employer, and
  • your employee consents to the amount of SPL that their partner/the child’s father intends to take following the birth or adoption of a child.

There’s nothing to stop your employee changing their mind at a later date and deciding that they do want to take some SPL, but then they would need to submit the relevant notice of entitlement and period of leave notice forms to you in the normal way. In this scenario, their partner/the child’s father may also need to submit a variation notice to their own employer to vary (i.e. reduce) the amount of SPL that they had planned to take, as the total maximum amount of SPL still applies as between the couple.

Form wording

Our Declaration of Consent and Entitlement to SPL makes clear that it’s only to be used where the SPL is initially to be taken by the partner or father alone and that if the employee intends to take any SPL themselves, they should complete their own notice of entitlement, not the declaration.

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