Application of terms and conditions during ordinary maternity leave and additional maternity leave
4.—(1) In regulation 9(1) (application of terms and conditions during ordinary maternity leave)—
(a)in the heading, after “ordinary maternity leave”, insert “and additional maternity leave”;
(b)in paragraph (1), after “ordinary maternity leave”, insert “or additional maternity leave”;
(c)in paragraph (1)(b), for “the exception in section 71(4)(b)”, substitute “the exceptions in sections 71(4)(b) and 73(4)(b)”;
(d)in paragraph (2), for “section 71(5)”, substitute “sections 71(5) and 73(5)”;
(e)in paragraph (3), for “section 71”, substitute “sections 71 and 73” ; and
(f)after paragraph (3) insert—
“(4) In the case of accrual of rights under an employment-related benefit scheme within the meaning given by Schedule 5 to the Social Security Act 1989(2), nothing in paragraph (1)(a) concerning the treatment of additional maternity leave shall be taken to impose a requirement which exceeds the requirements of paragraph 5 of that Schedule.”.
(2) In regulation 17 (application of terms and conditions during periods of leave), omit “additional maternity leave or”.
Regulation 9 was substituted by regulations 3 and 9 of the Maternity and Parental Leave (Amendment) Regulations 2002 (S.I. 2002/2789).
1989 c. 24. Schedule 5 was amended by section 265(1) of the Pensions Act 2004 (c. 35). Further amendments have been made to Schedule 5, which are not relevant to these Regulations.