Please note that the date you requested in the address for this web page is not an actual date upon which a change occurred to this item of legislation. You are being shown the legislation from , which is the first date before then upon which a change was made.
Textual Amendments
F1Pt. 8 (ss. 71-80) substituted for Pt. 8 (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. 1; S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. 2 (with transitional provisions in Sch. 3 para. 10)
Textual Amendments
F2Pt. VIII (ss. 71-80) substituted for Pt. VIII (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. I; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 para. 10)
(1)An employee may, provided that she satisfies any conditions which may be prescribed, be absent from work at any time during an ordinary maternity leave period.
(2)An ordinary maternity leave period is a period calculated in accordance with regulations made by the Secretary of State.
[F4(3)Regulations under subsection (2)—
(a)shall secure that, where an employee has a right to leave under this section, she is entitled to an ordinary maternity leave period of at least 26 weeks;
(b)may allow an employee to choose, subject to prescribed restrictions, the date on which an ordinary maternity leave period starts;
(c)may specify circumstances in which an employee may work for her employer during an ordinary maternity leave period without bringing the period to an end.]
(4)Subject to section 74, an employee who exercises her right under subsection (1)—
(a)is entitled [F5, for such purposes and to such extent as may be prescribed,] to the benefit of the terms and conditions of employment which would have applied if she had not been absent,
(b)is bound [F6, for such purposes and to such extent as may be prescribed] by any obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1)), and
[F7(c)is entitled to return from leave to a job of a prescribed kind.]
(5)In subsection (4)(a) “terms and conditions of employment”—
(a)includes matters connected with an employee’s employment whether or not they arise under her contract of employment, but
(b)does not include terms and conditions about remuneration.
(6)The Secretary of State may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this section.
[F8(7)The Secretary of State may make regulations making provision, in relation to the right to return under subsection (4)(c) above, about—
(a)seniority, pension rights and similar rights;
(b)terms and conditions of employment on return.]]
Textual Amendments
F3Pt. VIII (ss. 71-80) substituted for Pt. VIII (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. I; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 para. 10)
F4S. 71(3) substituted (27.6.2006 for certain purposes, otherwise 1.10.2006) by Work and Families Act 2006 (c. 18), ss. 11, 19, Sch. 1 para. 31; S.I. 2006/1682, art. 2(c), 3(c)(d)
F5Words in s. 71(4)(a) inserted (24.11.2002) by Employment Act 2002 (c. 22), s. 17(2)(a); S.I. 2002/2866, arts. 2(1), 3, Sch. 1 Pt. 1 (with Sch. 3 para. 3)
F6Words in s. 71(4)(b) inserted (24.11.2002) by Employment Act 2002 (c. 22), s. 17(2)(b); S.I. 2002/2866, arts. 2(1), 3, Sch. 1 Pt. 1 (with Sch. 3 para. 3)
F7S. 71(4)(c) substituted (24.11.2002) by Employment Act 2002 (c. 22), s. 17(2)(c); S.I. 2002/2866, arts. 2(1), 3, Sch. 1 Pt. 1 (with Sch. 3 para. 3)
F8S. 71(7) substituted (24.11.2002) by Employment Act 2002 (c. 22), s. 17(3); S.I. 2002/2866, arts. 2(1), 3, Sch. 1 Pt. 1 (with Sch. 3 para. 3)
Modifications etc. (not altering text)
C1S. 71 restricted (15.12.1999) by S.I. 1999/3312, reg. 9
C2S. 71 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch.
C3Ss. 70, 71 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), arts. 1(1), 3, {Sch. }