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

(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^f1 or Part 11 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992^f2;

(b)

is paid maternity allowance under section 35 of the Social Security Contributions and Benefits Act 1992^f3 or section 35 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992^f4;

(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^f5 or article 103 of the Employment Rights (Northern Ireland) Order 1996^f6;

(e)

is absent from work during an additional maternity leave period under section 73 of the Employment Rights Act 1996^f7 or article 105 of the Employment Rights (Northern Ireland) Order 1996^f8;

(f)

is paid ordinary or additional statutory paternity pay under Part 12ZA of the Social Security Contributions and Benefits Act 1992^f9 or Part 12ZA of the Social Security Contributions and Benefits (Northern Ireland) Act 1992^f10;

(g)

is absent from work during an ordinary paternity leave period under section 80A or 80B of the Employment Rights Act 1996^f11 or article 112A or 112B of the Employment Rights (Northern Ireland) Order 1996^f12;

(h)

is absent from work during an additional paternity leave period under section 80AA or 80BB of the Employment Rights Act 1996^f13 or article 112AA or 112BB of the Employment Rights (Northern Ireland) Order 1996^f14;

(i)

is paid statutory adoption pay under Part 12ZB of the Social Security Contributions and Benefits Act 1992^f15 or Part 12ZB of the Social Security Contributions and Benefits (Northern Ireland) Act 1992^f16;

(j)

is absent from work during an ordinary adoption leave period under section 75A of the Employment Rights Act 1996^f17 or article 107A of the Employment Rights (Northern Ireland) Order 1996^f18;

(k)

is absent from work during an additional adoption leave period under section 75B of the Employment Rights Act 1996^f19 or article 107B of the Employment Rights (Northern Ireland) Order 1996^f20;

(l)

is absent from work during a period of shared parental leave under section 75E or 75G of the Employment Rights Act 1996^f21; or

(m)

is absent from work during a statutory parental leave period under section 76 of the Employment Rights Act 1996^f22 or Article 108 of the Employment Rights (Northern Ireland) Order 1996^f23.

(2)

Subject to paragraphs (3), (4) and (5), 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) to run, paragraph (2) applies only for the final 14 days before the person returns to work.

(5)

Paragraph (2) applies to a person by virtue of paragraph (1)(h) only for such period as that person would have been paid additional statutory paternity pay had the conditions of entitlement in Part 2 or 3 of the Additional Statutory Paternity Pay (General) Regulations 2010^f24 or Part 2 or 3 of the Additional Statutory Paternity Pay (General) Regulations (Northern Ireland) 2010^f25 been satisfied.

(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 another EEA 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) or (i); 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), (h) or (j) to (m).

Annotations

Footnotes

f1: 1992 c. 4.
f2: 1992 c. 7.
f3: 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.
f4: 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.
f5: 1996 c. 18. Section 71 was substituted by Part 1 of Schedule 4 to the Employment Relations Act 1999 (c. 26).
f6: 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).
f7: Section 73 was amended by paragraph 32 of Schedule 1 to the Work and Families Act 2006 (c. 18).
f8: 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).
f9: Part 12ZA was inserted by section 2 of the Employment Act 2002.
f10: Part 12ZA was inserted by S.I. 2002/2836 (N.I. 2).
f11: Sections 80A and 80B were inserted by section 1 of the Employment Act 2002.
f12: Articles 112A and 112B were inserted by S.I. 2002/2836 (N.I. 2).
f13: Sections 80AA and 80BB were inserted by sections 3 and 4, respectively, of the Work and Families Act 2006.
f14: Articles 112AA and 112BB were inserted by S.I. 2006/1947 (N.I. 16).
f15: Part 12ZB was inserted by section 4 of the Employment Act 2002.
f16: Part 12ZB was inserted by S.I. 2002/2836 (N.I. 2).
f17: Section 75A was inserted by section 3 of the Employment Act 2002.
f18: Article 107A was inserted by S.I. 2002/2836 (N.I. 2) and amended by S.I. 2006/1947 (N.I. 16).
f19: 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.
f20: Article 107B was inserted by S.I. 2002/2836 (N.I. 2) and amended by S.I. 2006/1947 (N.I. 16).
f21: Sections 75E and 75G were inserted by section 117 of the Children and Families Act 2014 (c. 6).
f22: Section 76 was substituted by section 7 of, and Part 1 of Schedule 4 to, the Employment Relations Act 1999.
f23: Article 108 was substituted by S.I. 1999/2790 (N.I. 9).
f24: S.I. 2010/1056.
f25: S.R. 2010 No. 300.