The Maternity and Parental Leave (Amendment) Regulations 2002 No. 2789

Amendments to the Principal Regulations

5.  In regulation 4 (entitlement to ordinary maternity leave)—

(a) in paragraph (1)(a), for “at least 21 days before the date on which she intends her ordinary maternity leave period to start”, substitute “no later than the end of the fifteenth week before her expected week of childbirth”;

(b) after paragraph (1) insert—

“(1A) 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.”;

(c) in paragraph (2), for “The notification provided for in paragraph (1)(a)(iii)” substitute—

• “Notification under paragraph (1)(a)(iii) or (1A)”;

  (d)

  in paragraph (3)—

  (i)

  before “the first day” insert “the day which follows”;

  (ii)

  for “the sixth week” substitute “the fourth week”;

  (iii)

  at the end of sub-paragraph (b) insert “and of the date on which her absence on that account began”;

  (e)

  in paragraph (4)—

  (i)

  for “with” substitute “on the day which follows”;

  (ii)

  at the end of sub-paragraph (b) insert “and of the date on which the birth occurred”.