OpenLegislation

Regulation 12 Qualifying paid work: time off in connection with sickness or parenting

United Kingdom

(1)

This regulation applies for any period during which a person—

(a)

is paid statutory sick pay under Part 11 of the Social Security Contributions and Benefits Act 1992 M1 or Part 11 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M2;

(b)

is paid maternity allowance under section 35 of the Social Security Contributions and Benefits Act 1992 M3 or section 35 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M4;

(c)

is paid statutory maternity pay under Part 12 of the Social Security Contributions and Benefits Act 1992 or Part 12 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

(d)

is absent from work during an ordinary maternity leave period under section 71 of the Employment Rights Act 1996 M5 or article 103 of the Employment Rights (Northern Ireland) Order 1996 M6;

(e)

is absent from work during an additional maternity leave period under section 73 of the Employment Rights Act 1996 M7 or article 105 of the Employment Rights (Northern Ireland) Order 1996 M8;

(f)

is paid F1...statutory paternity pay under Part 12ZA of the Social Security Contributions and Benefits Act 1992 M9 or Part 12ZA of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M10;

(g)

is absent from work during F2a paternity leave period under section 80A or 80B of the Employment Rights Act 1996 M11 or article 112A or 112B of the Employment Rights (Northern Ireland) Order 1996 M12;

F3(h)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)

is paid statutory adoption pay under Part 12ZB of the Social Security Contributions and Benefits Act 1992 M13 or Part 12ZB of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M14;

(j)

is absent from work during an ordinary adoption leave period under section 75A of the Employment Rights Act 1996 M15 or article 107A of the Employment Rights (Northern Ireland) Order 1996 M16;

(k)

is absent from work during an additional adoption leave period under section 75B of the Employment Rights Act 1996 M17 or article 107B of the Employment Rights (Northern Ireland) Order 1996 M18;

(l)

is absent from work during a period of shared parental leave under section 75E or 75G of the Employment Rights Act 1996 M19 F4or articles 107E or 107G of the Employment Rights (Northern Ireland) Order 1996; F5...

(m)

is absent from work during a statutory parental leave period under section 76 of the Employment Rights Act 1996 M20 or Article 108 of the Employment Rights (Northern Ireland) Order 1996 M21 F6;

(n)

F7... is absent from work during a period of parental bereavement leave under section 80EA of the Employment Rights Act 1996 F8or Article 112EA of the Employment Rights (Northern Ireland) Order 1996; F9...

(o)

F10... is paid statutory parental bereavement pay under Part 12ZD of the Social Security Contributions and Benefits Act 1992 F11or Article 112EA of the Employment Rights (Northern Ireland) Order 1996 F12;

F13(p)

in relation to England, Wales and Scotland only, is absent from work during a period of neonatal care leave under section 80EF of the Employment Rights Act 1996; or

(q)

in relation to England, Wales and Scotland only, is paid statutory neonatal care pay under Part 12ZE of the Social Security Contributions and Benefits Act 1992.

(2)

Subject to F14paragraphs (3) and (4), that person is regarded for the purposes of the Act—

(a)

as in paid work during the period in paragraph (1); and

(b)

as having, for each week of that period, expected income from that work equal to the minimum weekly income.

(3)

Paragraph (2) does not apply unless, immediately before the start of the period in any sub-paragraph of paragraph (1), either—

(a)

the person was in qualifying paid work; or

(b)

this regulation applied to the person by virtue of a different sub-paragraph of paragraph (1).

(4)

For the purposes of the entitlement of a person, or of a person's partner, to receive top-up payments in respect of a child whose birth or adoption caused the period in paragraph (1)(b) to (m) F15, (p) or (q) to run, paragraph (2) applies F16during the applicable period as defined in regulation 9(2A).

F17(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

This regulation applies to a self-employed person during any period for which paragraph (1) would have applied in that person's case but for the fact that the work performed in the week immediately before the period began, although done for payment or in expectation of payment, was not performed under a contract of service.

(7)

This regulation applies to a resident of F18a prescribed state who is in paid work in the United Kingdom, or such a person's partner, who under the law of that state—

(a)

receives payments which are substantially similar in character to the payments in paragraph (1)(a) to (c), (f) F19, (i) F20, F21(o), or (q); or

(b)

is absent from work in circumstances which are substantially similar in character to a period of absence described in paragraph (1)(d), (e), (g) F22... F23, F24(j) to (n) F25, or (p).

Annotations

Textual amendments

F1

Words in reg. 12(1)(f) omitted (7.12.2017) by virtue of The Childcare Payments (Eligibility) (Amendment) Regulations 2017 (S.I. 2017/1101), regs. 1, 6(a)

F2

Word in reg. 12(1)(g) substituted (7.12.2017) by The Childcare Payments (Eligibility) (Amendment) Regulations 2017 (S.I. 2017/1101), regs. 1, 6(b)

F3

Reg. 12(1)(h) omitted (7.12.2017) by virtue of The Childcare Payments (Eligibility) (Amendment) Regulations 2017 (S.I. 2017/1101), regs. 1, 6(c)

F4

Words in reg. 12(1)(l) inserted (5.9.2016) by The Childcare Payments (Eligibility) (Amendment) Regulations 2016 (S.I. 2016/793), regs. 1, 4(b)

F5

Word in reg. 12(1)(l) omitted (6.4.2020) by virtue of The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 36(2)

F6

Reg. 12(n)(o) inserted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 36(2)

F7

Words in reg. 12(1)(n) omitted (N.I.) (29.9.2023) by virtue of The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/157), regs. 1(1), 23(2)(a)(i), 34

F8

Words in reg. 12(1)(n) inserted (N.I.) (29.9.2023) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/157), regs. 1(1), 23(2)(a)(ii), 34

F9

Word in reg. 12(1)(n) omitted (6.4.2025) by virtue of The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 25(2)(a)

F10

Words in reg. 12(1)(o) omitted (N.I.) (29.9.2023) by virtue of The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/157), regs. 1(1), 23(2)(b)(i), 34

F11

Words in reg. 12(1)(o) inserted (N.I.) (29.9.2023) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/157), regs. 1(1), 23(2)(b)(ii), 34

F12

Reg. 12(1)(o): semicolon substituted for full stop (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 25(2)(b)

F13

Reg. 12(1)(p)(q) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 25(2)(c)

F14

Words in reg. 12(2) substituted (15.9.2025) by The Childcare Payments (Eligibility) (Amendment and Transitional Provisions) Regulations 2025 (S.I. 2025/857), regs. 1(1), 2(3)(a)

F15

Words in reg. 12(4) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 25(2)(d)

F16

Words in reg. 12(4) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Childcare Payments (Eligibility) (Amendment and Transitional Provisions) Regulations 2025 (S.I. 2025/857), regs. 1(1), 2(3)(b) (with reg. 3)

F17

Reg. 12(5) omitted (15.9.2025) by virtue of The Childcare Payments (Eligibility) (Amendment and Transitional Provisions) Regulations 2025 (S.I. 2025/857), regs. 1(1), 2(3)(c)

F18

Words in reg. 12(7) substituted (22.7.2021) by The Childcare Payments (Miscellaneous Amendment) Regulations 2021 (S.I. 2021/781), regs. 1, 2(7)(c)

F19

Word in reg. 12(7)(a) substituted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 25(2)(e)(i)

F20

Words in reg. 12(7)(a) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 25(2)(e)(ii)

F21

Word in reg. 12(7)(a) inserted (6.4.2026) by The Childcare Payments (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/279), regs. 1, 2(3)(a)

F22

Word in reg. 12(7)(b) omitted (15.9.2025) by virtue of The Childcare Payments (Eligibility) (Amendment and Transitional Provisions) Regulations 2025 (S.I. 2025/857), regs. 1(1), 2(3)(d)

F23

Reg. 12(7)(b): comma substituted for word (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 25(2)(f)(i)

F24

Words in reg. 12(7)(b) substituted (6.4.2026) by The Childcare Payments (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/279), regs. 1, 2(3)(b)

F25

Words in reg. 12(7)(b) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 25(2)(f)(ii)

Marginal citations

M1

1992 c. 4.

M2

1992 c. 7.

M3

Section 35 was amended by section 2 of the Still Births (Definition) Act 1992 (c. 29), section 67 of the Social Security Act 1998 (c. 14), section 53 of the Welfare Reform and Pensions Act 1999 (c. 30), paragraph 4 of Schedule 7 to the Employment Act 2002 (c. 22), paragraph 6 of Schedule 1 to the Work and Families Act 2006 (c. 18), section 120 of the Children and Families Act 2014 (c. 6), S.I. 1994/1230 and S.I. 2014/606.

M4

Section 35 was amended by S.I. 1992/1310 (N.I. 10), S.R. 1994 No. 176, S.I. 1998/1506 (N.I. 10), S.R. 1999 No. 494, S.I. 1999/3147 (N.I. 11), paragraph 2 of Schedule 1 to the Social Security Act (Northern Ireland) 2002 (c. 10), S.R. 2002 No. 358, S.I. 2006/1947 (N.I. 16) and S.R. 2014 No. 102.

M5

1996 c. 18. Section 71 was substituted by Part 1 of Schedule 4 to the Employment Relations Act 1999 (c. 26).

M6

S.I. 1996/1919 (N.I. 16). Article 103 was substituted by S.I. 1999/2790 (N.I. 9) and amended by S.I. 2002/2836 (N.I. 2) and S.I. 2006/1947 (N.I. 16).

M7

Section 73 was amended by paragraph 32 of Schedule 1 to the Work and Families Act 2006 (c. 18).

M8

Article 105 was substituted by S.I. 1999/2790 (N.I. 9) and amended by S.I. 2002/2836 (N.I. 2) and S.I. 2006/1947 (N.I. 16).

M9

Part 12ZA was inserted by section 2 of the Employment Act 2002.

M10

Part 12ZA was inserted by S.I. 2002/2836 (N.I. 2).

M11

Sections 80A and 80B were inserted by section 1 of the Employment Act 2002.

M12

Articles 112A and 112B were inserted by S.I. 2002/2836 (N.I. 2).

M13

Part 12ZB was inserted by section 4 of the Employment Act 2002.

M14

Part 12ZB was inserted by S.I. 2002/2836 (N.I. 2).

M15

Section 75A was inserted by section 3 of the Employment Act 2002.

M16

Article 107A was inserted by S.I. 2002/2836 (N.I. 2) and amended by S.I. 2006/1947 (N.I. 16).

M17

Section 75B was inserted by section 3 of the Employment Act 2002 and amended by section 11 of, and paragraph 34 of Schedule 1 to, the Work and Families Act 2006.

M18

Article 107B was inserted by S.I. 2002/2836 (N.I. 2) and amended by S.I. 2006/1947 (N.I. 16).

M19

Sections 75E and 75G were inserted by section 117 of the Children and Families Act 2014 (c. 6).

M20

Section 76 was substituted by section 7 of, and Part 1 of Schedule 4 to, the Employment Relations Act 1999.

M21

Article 108 was substituted by S.I. 1999/2790 (N.I. 9).