The Statutory Sick Pay (General) Amendment (No.2) Regulations 1987

Period of entitlement ending or not arising

2.  In regulation 3 of the General Regulations, after paragraph (3) there shall be added the following paragraphs:

“(4) Where a period of entitlement is current as between an employee and her employer and the employee —

(a) is or was pregnant,

(b) has reached or been confined before reaching the day immediately preceding the 6th week before the expected week of confinement, and

(c) is not by virtue of that pregnancy or confinement entitled to statutory maternity pay under Part V of the Social Security Act 1986(1)(d) or to maternity allowance under section 22 of the Social Security Act 1975(2)(e),

the period of entitlement shall end on that day, or if earlier, on the day she was confined.

(5) Where an employee —

(a) has been confined or has reached the beginning of the 6th week before the expected week of her confinement, and

(b) is not either by virtue of or in expectation of that confinement entitled to statutory maternity pay under Part V of the Social Security Act 1986(3)(a) or to maternity allowance under section 22 of the Social Security Act 1975(4)(b),

a period of entitlement as between her and her employer shall not arise in relation to a period of incapacity for work where the first day in that period falls within 18 weeks of the beginning of the 6th week before her expected week of confinement, or if earlier, of the week in which she was confined.

(6) In paragraphs (4) and (5) “confinement” and “confined” have the same meanings as in section 50 of the Social Security Act 1986.”.

(1)

1986 c. 50.

(2)

1975 c. 14.

(3)

1986 c. 50.

(4)

1975 c. 14.