The Employment Rights (Northern Ireland) Order 1996

Ordinary maternity leaveN.I.

103.—(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 Department.

(3) Regulations under paragraph (2)—

(a)shall secure that no ordinary maternity leave period is less than 18 weeks;

(b)may allow an employee to choose, subject to any prescribed restrictions, the date on which an ordinary maternity leave period starts.

(4) Subject to Article 106, an employee who exercises her right under paragraph (1)—

(a)is entitled[F1, 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[F1, 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 paragraph (1)), and

[F1(c)is entitled to return from leave to a job of a prescribed kind.]

(5) In paragraph (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 Department may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this Article.

[F1(7) The Department may make regulations making provision, in relation to the right to return under paragraph (4)(c), about—

(a)seniority, pension rights and similar rights;

(b)terms and conditions of employment on return.]