3A

Where a woman who is pregnant—

a

is an employee in an employed earner’s employment in which the custom is for the employer

i

to offer work for a fixed period of not more than 26 consecutive weeks;

ii

to offer work for such period on 2 or more occasions in a year for periods which do not overlap; and

iii

to offer the work available to those persons who had worked for him during the last or a recent such period, but

b

is absent from work—

i

wholly or partly because of the pregnancy or her confinement, or

ii

because of incapacity arising from some specific disease or bodily or mental disablement,

then in her case paragraph (1) shall apply as if the words “and returns to work for an employer after the incapacity for or absence from work” were omitted and paragraph (4) shall not apply.