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Maternity and Parental Leave etc. (Amendment No. 3) Regulations (Northern Ireland) 2002

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Amendments to the Principal Regulations

9.  For regulation 9 substitute–

Application of terms and conditions during ordinary maternity leave

9.(1) An employee who takes ordinary maternity leave–

(a)is entitled, during the period of leave, to the benefit of all of the terms and conditions of employment which would have applied if she had not been absent, and

(b)is bound, during that period, by any obligations arising under those terms and conditions, subject only to the exception in Article 103(4)(b)(1) of the 1996 Order.

(2) In paragraph (1)(a), “terms and conditions” has the meaning given by Article 103(5) of the 1996 Order, and accordingly does not include terms and conditions about remuneration.

(3) For the purposes of Article 103(4)(b) of the 1996 Order, only sums payable to an employee by way of wages or salary are to be treated as remuneration.

(1)

Article 103 of the Employment Rights (N.I.) Order 1996 (S.I. 1996/1919 (N.I.16)) was substituted by Part I of Schedule 4 to the Employment Relations (N.I.) Order 1999 (S.I. 1999/2790 (N.I. 9)). Article 103(4) was also amended by Article 14 of the Employment (N.I.) Order 2002 (S.I. 2002/2836 (N.I. 2))

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