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3.—(1) Subject to regulation 4, the Statutory Maternity Pay Regulations shall be amended in accordance with the following paragraphs of this regulation.
(2) In regulation 2 (the maternity pay period)(1)—
(a)in paragraph (1) for the words “Subject to paragraphs (3) to (5)” there shall be substituted the words “Subject to paragraphs (3) to (6)”;
(b)in paragraph (4) for the words “Subject to paragraph (5)” there shall be substituted the words “Subject to paragraphs (5) and (6)”; and
(c)after paragraph (5) there shall be added the following paragraph—
“(6) Where a woman is dismissed, or her employment is otherwise terminated without her consent, before the maternity pay period has started, but after the beginning of the 11th week before the expected week of confinement and not later than the week immediately following the week in which she is confined, the first week of the maternity pay period shall be the week after the week in which her employment ends.”.
(3) In regulation 23 (notice of absence from work)(2) for paragraph (4) there shall be substituted the following paragraph—
“(4) Subject to paragraph (5), section 164(4) of the Contributions and Benefits Act (entitlement to statutory maternity pay dependent on notice to employer) shall not apply to a woman who leaves her employment with the person who will be liable to pay her statutory maternity pay after the beginning of the week immediately preceding the 14th week before the expected week of confinement, if she leaves because she is dismissed or if her employment is otherwise terminated without her consent.”.
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