The Statutory Maternity Pay (General) Regulations 1986

Notice of absence from work

23.—(1) Where a woman is confined before the beginning of the 14th week before the expected week of confinement, she shall be entitled to payments of statutory maternity pay only if—

(a) she gives notice to the person who will be liable to pay it that her absence from work with him is wholly because of her confinement, and

(b) that notice is given within 21 days of the date she was confined or if in the particular circumstances that is not practicable, as soon as is reasonably practicable thereafter; and

(c) where the person so requests, the notice is in writing.

(2) Where a woman is confined before the date stated in a notice provided in accordance with section 46(4) of the 1986 Act as being the date her absence from work is due to begin, she shall be entitled to payments of statutory maternity pay only if—

(a) she gives a further notice to the person who will be liable to pay it specifying the date she was confined and the date her absence from work wholly or partly because of pregnancy or confinement began, and

(b) that further notice is given within 21 days of the date she was confined or if in the particular circumstances that is not practicable, as soon as is reasonably practicable thereafter; and

(c) where the person so requests, the notice is in writing.

(3) For the purposes of this regulation, a notice contained in an envelope which is properly addressed and sent by prepaid post shall be deemed to be given on the date on which it is posted.

(4) Subject to paragraph (5), section 46(4) of the 1986 Act shall not apply to a woman who either—

(a) leaves, for a reason wholly unconnected with her pregnancy, her employment with the person who will be liable to pay her statutory maternity pay, after the beginning of the 15th week before the expected week of confinement; or

(b) is dismissed, but not unfairly dismissed under section 60 of the 1978 Act, from her employment by the person who will be liable to pay statutory maternity pay and has not at the time of her dismissal given him notice that she is going to be absent from work with him because of her pregnancy or confinement.

(5) A woman who is exempted from section 46(4) of the 1986 Act by paragraph (4) but who is confined before the 11th week before the expected week of confinement shall be entitled to payments of statutory maternity pay only if she gives the person who will be liable to pay it notice specifying the date she was confined.