The Maternity and Parental Leave etc. Regulations 1999

Duration of maternity leave periods E+W+S

7.—(1) Subject to paragraphs (2) and (5), an employee’s ordinary maternity leave period continues for the period of [F1 26 weeks] from its commencement, or until the end of the compulsory maternity leave period provided for in regulation 8 if later.

(2) Subject to paragraph (5), where any requirement imposed by or under any relevant statutory provision prohibits the employee from working for any period after the end of the period determined under paragraph (1) by reason of her having recently given birth, her ordinary maternity leave period continues until the end of that later period.

(3) In paragraph (2), “relevant statutory provision" means a provision of—

(a) an enactment, or

(b) an instrument under an enactment,

other than a provision for the time being specified in an order under section 66(2) of the 1996 Act.

(4) Subject to paragraph (5), where an employee is entitled to additional maternity leave her additional maternity leave period continues until the end of the period of [F2 26 weeks from the day on which it commenced].

(5) Where the employee is dismissed after the commencement of an ordinary or additional maternity leave period but before the time when (apart from this paragraph) that period would end, the period ends at the time of the dismissal.

[F3 (6) An employer who is notified under any provision of regulation 4 of the date on which, by virtue of any provision of regulation 6, an employee’s ordinary maternity leave period will commence or has commenced shall notify the employee of the date on which [F4 her additional maternity leave period shall end]—

F5 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The notification provided for in paragraph (6) shall be given to the employee—

(a) where the employer is notified under regulation 4(1)(a)(iii), (3)(b) or (4)(b), within 28 days of the date on which he received the notification;

(b) where the employer is notified under regulation 4(1A), within 28 days of the date on which the employee’s ordinary maternity leave period commenced.]

Textual Amendments

F1 Words in reg. 7(1) substituted (24.11.2002 with effect in accordance with reg. 2(1) of the amending S.I.) by The Maternity and Parental Leave (Amendment) Regulations 2002 (S.I. 2002/2789), regs. 1(1), 8(a)

F2 Words in reg. 7(4) substituted (24.11.2002 with effect in accordance with reg. 2(1) of the amending S.I.) by The Maternity and Parental Leave (Amendment) Regulations 2002 (S.I. 2002/2789), regs. 1(1), 8(b)

F3 Reg. 7(6)(7) inserted (24.11.2002 with effect in accordance with reg. 2(1) of the amending S.I.) by The Maternity and Parental Leave (Amendment) Regulations 2002 (S.I. 2002/2789), regs. 1(1), 8(c)

F4 Words in reg. 7(6) inserted (1.10.2006 with effect in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2006 (S.I. 2006/2014), regs. 1, 7(b)

F5 Reg. 7(6)(a)(b) omitted (1.10.2006 with effect in accordance with reg. 2 of the amending S.I.) by virtue of The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2006 (S.I. 2006/2014), regs. 1, 7(a)