PART II MATERNITY LEAVE
Entitlement to ordinary maternity leave F9and to additional maternity leave4
1
An employee is entitled to ordinary maternity leave F10and to additional maternity leave provided that she satisfies the following conditions—
a
F1no later than the end of the fifteenth week before her expected week of childbirth, or, if that is not reasonably practicable, as soon as is reasonably practicable, she notifies her employer of—
i
her pregnancy;
ii
the expected week of childbirth, and
iii
the date on which she intends her ordinary maternity leave period to start,
and
b
if requested to do so by her employer, she produces for his inspection a certificate from—
i
a registered medical practitioner, or
ii
a registered midwife,
stating the expected week of childbirth.
F21A
An employee who has notified her employer under paragraph (1)(a)(iii) of the date on which she intends her ordinary maternity leave period to start may subsequently vary that date, provided that she notifies her employer of the variation at least—
a
28 days before the date varied, or
b
28 days before the new date,
whichever is the earlier, or, if that is not reasonably practicable, as soon as is reasonably practicable.
2
F3Notification under paragraph (1)(a)(iii) or (1A)—
a
shall be given in writing, if the employer so requests, and
b
shall not specify a date earlier than the beginning of the eleventh week before the expected week of childbirth.
3
Where, by virtue of regulation 6(1)(b), an employee’s ordinary maternity leave period commences with F4the day which follows the first day after the beginning of F5the fourth week before the expected week of childbirth on which she is absent from work wholly or partly because of pregnancy—
a
paragraph (1) does not require her to notify her employer of the date specified in that paragraph, but
b
(whether or not she has notified him of that date) she is not entitled to ordinary maternity leave F11or to additional maternity leave unless she notifies him as soon as is reasonably practicable that she is absent from work wholly or partly because of pregnancy F6and of the date on which her absence on that account began.
4
Where, by virtue of regulation 6(2), an employee’s ordinary maternity leave period commences F7on the day which follows the day on which childbirth occurs—
a
paragraph (1) does not require her to notify her employer of the date specified in that paragraph, but
5
The notification provided for in paragraphs (3)(b) and (4)(b) shall be given in writing, if the employer so requests.