2.—(1) The Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987(1) shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 11(1) (continuous employment)–
(a)in sub-paragraph (d) after “pregnancy or confinement,” there shall be added “or”; and
(b)after sub-paragraph (d) there shall be added the following sub-paragraph–
“(e)absent from work in consequence of taking paternity leave, adoption leave or parental leave under Part IX of the Employment Rights (Northern Ireland) Order 1996(2),”.
(3) In regulation 20(4) (meaning of “earnings”)–
(a)for “Article 51(3) of the 1986 Order” there shall be substituted “section 167(4) of the Contributions and Benefits Act”; and
(b)after sub-paragraph (d) there shall be added the following sub-paragraphs–
“(e)any sum payable by way of statutory maternity pay, including sums payable in accordance with regulations made under section 160(9)(b) of the Contributions and Benefits Act(3);
(f)any sum payable by way of statutory paternity pay, including sums payable in accordance with regulations made under section 167ZD(3) of the Contributions and Benefits Act(4);
(g)any sum payable by way of statutory adoption pay, including sums payable in accordance with regulations made under section 167ZM(3) of the Contributions and Benefits Act(5).”.
S.I. 1996/1919 (N.I. 16); Part IX was substituted by Article 9 of, and Part I of Schedule 4 to, the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)) and is amended by Articles 3 and 4 of the Employment (Northern Ireland) Order 2002
Section 160(9)(b) was amended by paragraph 14(2) of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999
Section 167ZD is inserted by Article 5 of the Employment (Northern Ireland) Order 2002
Section 167ZM is inserted by Article 6 of the Employment (Northern Ireland) Order 2002