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Royal Ulster Constabulary Reserve (Full-time) (Appointment and Conditions of Service) Regulations 1996

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Maternity leave

28.—(1) In this regulation—

  • “expected date of birth” means, subject to paragraph (4), the date given in accordance with paragraph (2)(b);

  • “maternity leave” means leave taken in accordance with the provisions of this regulation by a qualified member during the maternity period;

  • “maternity period”, in relation to such a member, means the period beginning six months before the probable date of birth of the member’s child, as given under paragraph (2)(b) or, as the case may be, paragraph (4), and ending nine months after the date so given; and

  • “qualified member” means a member who qualifies under paragraph (2).

(2) Subject to the following provisions of this regulation, a female member qualifies for maternity leave when she has given to the chief constable notice stating—

(a)that she is pregnant;

(b)the probable date of the birth of her child; and

(c)the date on which she intends to commence maternity leave or, where she proposes to take more than one period of maternity leave before the probable date of birth of her child, the proposed dates of those periods.

(3) A female member does not qualify for maternity leave where the chief constable has requested a certificate from a registered medical practitioner, registered midwife or registered health visitor setting out the matters referred to in paragraph (2)(a) and (b) and she fails to produce such a certificate.

(4) Where a certificate produced under paragraph (3) sets out a different date as the probable date of the birth of the child of the female member from the date given in accordance with paragraph (2)(b), the date given in the certificate shall have effect in place of the date given in the notice.

(5) A female member who is pregnant shall give the notice required by paragraph (2) as soon as reasonably practicable after she becomes aware of the probable date of birth of her child.

(6) The date given in accordance with paragraph (2)(c) may be amended by a subsequent notice to the chief constable, provided that not less than 21 days' notice is given of the qualified member’s intention to return to duty.

(7) A qualified member shall commence maternity leave no later than the date given in accordance with paragraph (2)(b) and, subject to paragraphs (8) and (9), the leave shall continue until the last day of the maternity leave.

(8) Where a qualified member intends to return to duty before the end of the maternity period after taking maternity leave, she shall give the chief constable not less than 21 days' notice of her intention.

(9) A notice under paragraph (8) may be subsequently revoked; and any such revocation shall be without prejudice to the giving of another notice under that paragraph of an intention to return to duty before the end of the maternity period.

(10) During any period of maternity leave, a qualified member shall not be entitled to any sick leave under regulation 26.

(11) In paragraph (10) “period of maternity leave” means the period—

(a)beginning on—

(i)the date given in accordance with paragraph (2)(c) as the date on which the qualified member intends to commence maternity leave or, where she proposes to take more than one period of such leave, the first of those dates, or

(ii)where that date or, as the case may be, the first of those dates has been amended by a subsequent notice under paragraph (6), that date; and

(b)ending on—

(i)where a notice has been given under paragraph (8) and has not been subsequently revoked, the date so given, or

(ii)where no such notice has been given or remains in force, the last day of the maternity period.

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