Part 1Statutory leave and pay

Chapter 2Maternity

17 Rights during and after maternity leave

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 ”.