F6Part VIII
Chapter I MATERNITY LEAVE
C1C2C3 71
1
An employee may, provided that she satisfies any conditions which may be prescribed, be absent from work at any time during an ordinary maternity leave period.
2
An ordinary maternity leave period is a period calculated in accordance with regulations made by the Secretary of State.
F13
Regulations under subsection (2)—
a
shall secure that, where an employee has a right to leave under this section, she is entitled to an ordinary maternity leave period of at least 26 weeks;
b
may allow an employee to choose, subject to prescribed restrictions, the date on which an ordinary maternity leave period starts;
F8ba
may allow an employee to bring forward the date on which an ordinary maternity leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions;
bb
may allow an employee in prescribed circumstances to revoke, or to be treated as revoking, the bringing forward of that date;
c
may specify circumstances in which an employee may work for her employer during an ordinary maternity leave period without bringing the period to an end.
F73A
Provision under subsection (3)(ba) is to secure that an employee may bring forward the date on which an ordinary maternity leave period ends only if the employee or another person has taken, or is taking, prescribed steps as regards leave under section 75E or statutory shared parental pay in respect of the child.
4
Subject to section 74, an employee who exercises her right under subsection (1)—
a
is entitled F2, for such purposes and to such extent as may be prescribed, to the benefit of the terms and conditions of employment which would have applied if she had not been absent,
b
is bound F3, for such purposes and to such extent as may be prescribed by any obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1)), and
F4c
is entitled to return from leave to a job of a prescribed kind.
5
In subsection (4)(a) “terms and conditions of employment”—
a
includes matters connected with an employee’s employment whether or not they arise under her contract of employment, but
b
does not include terms and conditions about remuneration.
6
The Secretary of State may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this section.
F57
The Secretary of State may make regulations making provision, in relation to the right to return under subsection (4)(c) above, about—
a
seniority, pension rights and similar rights;
b
terms and conditions of employment on return.
Pt. 8 (ss. 71-80) substituted for Pt. 8 (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. 1; S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. 2 (with transitional provisions in Sch. 3 para. 10)