(1) Where a relevant parent who was an employee entitled to parent’s leave in relation to a child dies on or before the expiration of the period of the entitlement concerned, an employee who is a surviving parent of the child shall be entitled to leave (in this section referred to as “transferred parent’s leave”) from his or her employment, to enable him or her to provide, or assist in the provision of, care to the child for a period of 2 weeks or, if applicable, such shorter period of parent’s leave that remained to be taken by the relevant parent under this Part at the time of his or her death.

(2) A period of transferred parent’s leave may comprise -

(a) a continuous period, or

(b) periods each consisting of not less than one week.

(3) Subject to subsection (4), a surviving parent who -

(a) is entitled under this Act to parent’s leave and has not taken such leave, and

(b) becomes entitled to transferred parent’s leave,

may take transferred parent’s leave after the end of the period of parent’s leave concerned.

(4) Entitlement to transferred parent’s leave shall be subject to the surviving parent concerned -

(a) notifying his or her employer in writing (or causing his or her employer to be so notified) not later than 6 weeks before the intended commencement of the transferred parent’s leave of -