Article 21 Maternity, adoption and paternity leaveI1

United Kingdom

(1)

When calculating service for the payment of a gratuity under article 17(2)—

F1(a)

any period of paid ordinary maternity leave, F2paid shared parental leave F3paid paternity leave or paid ordinary adoption leave whether the pay is at the statutory minimum, reduced pay or full pay rate, will count as both qualifying and reckonable service;

(b)

if, more than six months before expiry of the commitment period and as a result of pregnancy or the adoption of a child, a person decides to retire or fails to complete the commission after pre-natal leave, ordinary maternity leave, additional maternity leave F4shared parental leave, , F5 F6... paternity leave, ordinary adoption leave or additional adoption leave, the gratuity payment will be calculated pro rata.

(2)

In paragraph (1)(b), “pre-natal leave” means unpaid leave that is taken prior to the birth of a child.

Annotations

Textual amendments

F1: Art. 21(1)(a) substituted (28.2.2011) by The Armed Forces Redundancy Scheme 2006 and the Armed Forces Redundancy Etc. Schemes 2010 (Amendment) Order 2011 (S.I. 2011/208), arts. 1, 15(a)
F2: Words in art. 21(1)(a) inserted (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 21(4)(a)(i)
F3: Words in art. 21(1)(a) substituted (5.4.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 21(4)(a)(ii) (with art. 35(1))
F4: Words in art. 21(1)(b) inserted (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 21(4)(b)(i)
F5: Words in art. 21(1)(b) inserted (28.2.2011) by The Armed Forces Redundancy Scheme 2006 and the Armed Forces Redundancy Etc. Schemes 2010 (Amendment) Order 2011 (S.I. 2011/208), arts. 1, 15(b)
F6: Words in art. 21(1)(b) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 21(4)(b)(ii) (with art. 35(1))

Commencement

I1: Art. 21 in force at 6.4.2010, see art. 1(2)