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Employment Act 2002

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17 Rights during and after maternity leaveE+W+S

This sectionnoteType=Explanatory Notes has no associated

(1)Chapter 1 of Part 8 of the Employment Rights Act 1996 (c. 18) (maternity leave) is amended as follows.

(2)In section 71 (ordinary maternity leave), in subsection (4) (rights during and after leave)—

(a)in paragraph (a), after “entitled” there is inserted “ , for such purposes and to such extent as may be prescribed, ”,

(b)in paragraph (b), after “bound” there is inserted “ , for such purposes and to such extent as may be prescribed ”, and

(c)for paragraph (c) there is substituted—

(c)is entitled to return from leave to a job of a prescribed kind.

(3)In that section, for subsection (7) there is substituted—

(7)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.

(4)In section 73 (additional maternity leave), after subsection (5) there is inserted—

(5A)In subsection (4)(c), the reference to return from leave includes, where appropriate, a reference to a continuous period of absence attributable partly to additional maternity leave and partly to ordinary maternity leave.

(5)In section 74 (redundancy and dismissal), in subsection (4) (power to make provision about the right to return from, and for dismissal at the end of, an additional maternity leave period)—

(a)after “section” (where it first appears) there is inserted “ 71 or ”,

(b)in paragraph (a), after “section” there is inserted “ 71(4)(c) or ”, and

(c)in paragraph (b), after “an” there is inserted “ ordinary or ”.

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