The Statutory Maternity Pay (General) Amendment Regulations 1990

Amendment of regulation 11 of the General Regulations

2.  In regulation 11 of the General Regulations (continuous employment), after paragraph (3) there shall be inserted the following paragraph

“(3A) Where a woman who is pregnant—

(a) is an employee in an employed earner’s employment in which the custom is for the employer

(i) to offer work for a fixed period of not more than 26 consecutive weeks;

(ii) to offer work for such period on 2 or more occasions in a year for periods which do not overlap; and

(iii) to offer the work available to those persons who had worked for him during the last or a recent such period, but

(b) is absent from work—

(i) wholly or partly because of the pregnancy or her confinement, or

(ii) because of incapacity arising from some specific disease or bodily or mental disablement,

then in her case paragraph (1) shall apply as if the words “and returns to work for an employer after the incapacity for or absence from work” were omitted and paragraph (4) shall not apply.”.