- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
There are currently no known outstanding effects for the The Maternity and Parental Leave etc. Regulations 1999, Section 4.
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4.—(1) An employee is entitled to ordinary maternity leave [F2and to additional maternity leave] provided that she satisfies the following conditions—
(a)[F3no later than the end of the fifteenth week before her expected week of childbirth], or, if that is not reasonably practicable, as soon as is reasonably practicable, she notifies her employer of—
(i)her pregnancy;
(ii)the expected week of childbirth, and
(iii)the date on which she intends her ordinary maternity leave period to start,
and
(b)if requested to do so by her employer, she produces for his inspection a certificate from—
(i)a registered medical practitioner, or
(ii)a registered midwife,
stating the expected week of childbirth.
[F4(1A) An employee who has notified her employer under paragraph (1)(a)(iii) of the date on which she intends her ordinary maternity leave period to start may subsequently vary that date, provided that she notifies her employer of the variation at least—
(a)28 days before the date varied, or
(b)28 days before the new date,
whichever is the earlier, or, if that is not reasonably practicable, as soon as is reasonably practicable.]
(2) [F5Notification under paragraph (1)(a)(iii) or (1A)]—
(a)shall be given in writing, if the employer so requests, and
(b)shall not specify a date earlier than the beginning of the eleventh week before the expected week of childbirth.
(3) Where, by virtue of regulation 6(1)(b), an employee’s ordinary maternity leave period commences with [F6the day which follows] the first day after the beginning of [F7the fourth week] before the expected week of childbirth on which she is absent from work wholly or partly because of pregnancy—
(a)paragraph (1) does not require her to notify her employer of the date specified in that paragraph, but
(b)(whether or not she has notified him of that date) she is not entitled to ordinary maternity leave [F8or to additional maternity leave] unless she notifies him as soon as is reasonably practicable that she is absent from work wholly or partly because of pregnancy [F9and of the date on which her absence on that account began].
(4) Where, by virtue of regulation 6(2), an employee’s ordinary maternity leave period commences [F10on the day which follows] the day on which childbirth occurs—
(a)paragraph (1) does not require her to notify her employer of the date specified in that paragraph, but
(b)(whether or not she has notified him of that date) she is not entitled to ordinary maternity leave [F11or to additional maternity leave] unless she notifies him as soon as is reasonably practicable after the birth that she has given birth [F12and of the date on which the birth occurred].
(5) The notification provided for in paragraphs (3)(b) and (4)(b) shall be given in writing, if the employer so requests.
Textual Amendments
F1Words in reg. 4 heading inserted (1.10.2006 with effect in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2006 (S.I. 2006/2014), regs. 1, 5(a)
F2Words in reg. 4(1) inserted (1.10.2006 with effect in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2006 (S.I. 2006/2014), regs. 1, 5(a)
F3Words in reg. 4(1)(a) substituted (24.11.2002 with effect in accordance with reg. 2(1) of the amending S.I.) by The Maternity and Parental Leave (Amendment) Regulations 2002 (S.I. 2002/2789), regs. 1(1), 5(a)
F4Reg. 4(1A) inserted (24.11.2002 with effect in accordance with reg. 2(1) of the amending S.I.) by The Maternity and Parental Leave (Amendment) Regulations 2002 (S.I. 2002/2789), regs. 1(1), 5(b)
F5Words in reg. 4(2) substituted (24.11.2002 with effect in accordance with reg. 2(1) of the amending S.I.) by The Maternity and Parental Leave (Amendment) Regulations 2002 (S.I. 2002/2789), regs. 1(1), 5(c)
F6Words in reg. 4(3) inserted (24.11.2002 with effect in accordance with reg. 2(1) of the amending S.I.) by The Maternity and Parental Leave (Amendment) Regulations 2002 (S.I. 2002/2789), regs. 1(1), 5(d)(i)
F7Words in reg. 4(3) substituted (24.11.2002 with effect in accordance with reg. 2(1) of the amending S.I.) by The Maternity and Parental Leave (Amendment) Regulations 2002 (S.I. 2002/2789), regs. 1(1), 5(d)(ii)
F8Words in reg. 4(3)(b) inserted (1.10.2006 with effect in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2006 (S.I. 2006/2014), regs. 1, 5(b)
F9Words in reg. 4(3)(b) inserted (24.11.2002 with effect in accordance with reg. 2(1) of the amending S.I.) by The Maternity and Parental Leave (Amendment) Regulations 2002 (S.I. 2002/2789), regs. 1(1), 5(d)(iii)
F10Words in reg. 4(4) substituted (24.11.2002 with effect in accordance with reg. 2(1) of the amending S.I.) by The Maternity and Parental Leave (Amendment) Regulations 2002 (S.I. 2002/2789), regs. 1(1), 5(e)(i)
F11Words in reg. 4(4)(b) inserted (1.10.2006 with effect in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2006 (S.I. 2006/2014), regs. 1, 5(b)
F12Words in reg. 4(4)(b) inserted (24.11.2002 with effect in accordance with reg. 2(1) of the amending S.I.) by The Maternity and Parental Leave (Amendment) Regulations 2002 (S.I. 2002/2789), regs. 1(1), 5(e)(ii)
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