Section 72 Compulsory maternity leave.F1

(1)

An employer shall not permit an employee who satisfies prescribed conditions to work during a compulsory maternity leave period.

(2)

A compulsory maternity leave period is a period calculated in accordance with regulations made by the Secretary of State.

(3)

Regulations under subsection (2) shall secure—

(a)

that no compulsory leave period is less than two weeks, and

(b)

that every compulsory maternity leave period falls within an ordinary maternity leave period.

(4)

Subject to subsection (5), any provision of or made under the M1 Health and Safety at Work etc. Act 1974 shall apply in relation to the prohibition under subsection (1) as if it were imposed by regulations under section 15 of that Act.

(5)

Section 33(1)(c) of the 1974 Act shall not apply in relation to the prohibition under subsection (1); and an employer who contravenes that subsection shall be—

(a)

guilty of an offence, and

(b)

liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Annotations

Textual amendments

F1: Pt. 8 (ss. 71-80) substituted for Pt. 8 (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. 1; S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. 2 (with transitional provisions in Sch. 3 para. 10)

Marginal citations

M1: 1974 c. 37.

Notes on the whole Act

Textual amendments

F1: Part 2B heading and s. 27C inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(a)