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The Statutory Maternity Pay (General) Regulations 1986

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Version Superseded: 01/10/2006

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The Maternity Pay Period

2.[F1(1) Subject to paragraphs (3) to (6), where a woman gives notice to her employer of the date from which she expects his liability to pay her statutory maternity pay to begin and in conformity with that notice ceases to work for him in a week which is later than the 12th week before the expected week of confinement, then the first week in the maternity pay period shall be the week following the week in which she ceased to work, or the week immediately following the week in which she is confined, whichever is the earlier.]

[F2(2) The maternity pay period shall be a period of [F326 consecutive weeks].]

(3) Where—

(a)a woman is confined before the 11th week before the expected week of confinement, or

(b)is confined after the 12th week F4... before the expected week of confinement and the confinement occurs in a week which precedes that mentioned in a notice given to her employer as being the week she intends to give up work,

the first week in the maternity pay period [F5shall be the week commencing on the day after the day on which she is confined].

[F6(4) Subject to paragraph (6) 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 4th 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 the maternity pay period shall be the week beginning on the day following the day on which she is so absent.]

F7(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(6) In a case where a woman leaves her employment at any time falling after the beginning of the 11th week before the expected week of confinement and before the start of the maternity pay period but 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.]

[F9(7) “week” for the purposes of a maternity pay period which falls within paragraphs (3) or (4) above means a period of 7 consecutive days.]

Textual Amendments

F2Reg. 2(2) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security Maternity Benefits and Statutory Sick Pay (Amendment) Regulations 1994 (S.I. 1994/1367), regs. 1(2), 2(3)

F4Words in reg. 2(3)(b) omitted (with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Social Security Maternity Benefits and Statutory Sick Pay (Amendment) Regulations 1994 (S.I. 1994/1367), regs. 1(2), 2(4)

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