Commentary on Sections Part 2: Shared Rights to Leave and Pay Article 107M: Chapter 1B: supplemental
Article 107M allows regulations to be made about notices, evidence, procedures to be followed and other supplementary matters.
Paragraph (1)(a) provides for regulations to make provision for notices to be given, evidence to be produced and other procedures to be followed by employers, employees and relevant persons. Paragraph (2) defines “relevant person”. Paragraph (1)(b) makes provision requiring such persons to keep records. Paragraph (1)(c) provides for the consequences of failure to give notices, produce evidence, keep records or comply with other procedural requirements. Paragraph (1)(d) provides for the consequences of failure to act in accordance with such a notice. Paragraph (1)(e) makes special provision for cases where an employee has a right which corresponds to a right to shared parental leave and which arises under the employee’s contract of employment or otherwise. Paragraph (1)(f) and (g) allow for regulations to modify provision in the ERO relating to the calculation of a week’s pay and to modify, apply or exclude statutory provisions in relation to a person entitled to shared parental leave.
Paragraphs (3) to (5) ensure that the conditions of economic activity which may be specified under Articles 107E(2) or (5) and 107G(2) or (5) in relation to the person with whom care of the child is shared can include conditions relating to that person being an employed earner or a self-employed earner. They also ensure that the power to make provision about procedures to be followed by an employer of this other person includes, as far as this concerns an employed earner, the secondary contributor (in relation to secondary Class I National Insurance contributions).