Textual Amendments
F1Pt. III (ss. 33–48) repealed so far as relating to maternity pay by Social Security Act 1986 (c. 50, SIF 113:1), s. 49(3), Sch. 4 Pt. III paras. 15, 16 (with saving in S.I. 1987/406, reg. 2(i))
Valid from 10/06/1994
Textual Amendments
F2Pt. III (ss. 33-38A, 39-44 and cross heading) substituted for Pt. III (ss. 33-48) and ss. 45-47 added as provisions of Pt. III (10.6.1994) by 1993 c. 19, ss. 23, 25, Schs.2, 3; S.I. 1994/1365, art. 2, Sch.
Valid from 22/08/1996
Textual Amendments
F3S. 39 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202)
(1)An employee who—
(a)has the right conferred by section 33, and
(b)has, at the beginning of the eleventh week before the expected week of childbirth, been continuously employed for a period of not less than two years,
shall also have the right to return to work at any time during the period beginning at the end of her maternity leave period and ending twenty-nine weeks after the beginning of the week in which childbirth occurs.
(2)An employee’s right to return to work under this section is the right to return to work with the person who was her employer before the end of her maternity leave period, or (where appropriate) his successor, in the job in which she was then employed—
(a)on terms and conditions as to remuneration not less favourable than those which would have been applicable to her had she not been absent from work at any time since the commencement of her maternity leave period,
(b)with her seniority, pension rights and similar rights as they would have been if the period or periods of her employment prior to the end of her maternity leave period were continuous with her employment following her return to work (but subject to the requirements of paragraph 5 of Schedule 5 to the M1Social Security Act 1989 (credit for the period of absence in certain cases)), and
(c)otherwise on terms and conditions no less favourable than those which would have been applicable to her had she not been absent from work after the end of her maternity leave period.
(3)The Secretary of State may by order vary the period of two years specified in subsection (1) or that period as so varied.
(4)No order shall be made under subsection (3) unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
Textual Amendments
F4Pt. III (ss. 33-38A, 39-44) substituted for Pt. III (ss. 33-48) and ss. 45-47 added as provisions of Pt. III (10.6.1994) by 1993 c. 19, ss. 23, 25, Schs.2, 3; S.I. 1994/1365, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 39(1) modified (1.4.1996) by S.I. 1996/1023, arts. 3, 4
Marginal Citations