The Social Security Maternity Benefits and Statutory Sick Pay (Amendment) Regulations 1994

Amendment of regulation 2 of the Statutory Maternity Pay Regulations

2.—(1) Regulation 2 of the Statutory Maternity Pay Regulations (the maternity pay period) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1)–

(a) for the words “subject to paragraph (3)” there shall be substituted the words “subject to paragraphs (3) to (5)”;

(b) for the words “or the 6th week before the expected week of confinement”, there shall be substituted the words “or the week immediately following the week in which she is confined”.

(3) For paragraph (2) there shall be substituted the following paragraph–

“(2) The maternity pay period shall be a period of 18 consecutive weeks.”.

(4) In paragraph (3)(b) the words “but before the 6th week” shall be omitted.

(5) After paragraph (3) there shall be added the following paragraphs–

“(4) Subject to paragraph (5), where a woman is absent from work wholly or partly because of pregnancy or confinement on any day which falls on or after the beginning of the 6th week before the expected week of confinement, but not later than the week immediately following the week in which she is confined, the first week of her maternity pay period shall be the week which includes that day.

(5) Where–

(a) a woman is employed by an employer who is liable to pay her statutory maternity pay; and

(b) she is absent from work wholly or partly because of pregnancy or confinement on any day which falls on or after the beginning of the 6th week before the expected week of confinement but not later than the week immediately following the week in which she is confined; and

(c) she has worked for that employer or is entitled to statutory sick pay, on any day which falls on or after the start of the week in which the absence mentioned in sub–paragraph (b) above falls,

the first week of her maternity pay period shall be the week next following that day.”.