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Regulation 9 Application of terms and conditions during ordinary maternity leave and additional maternity leaveF1F7

(1)

An employee who takes ordinary maternity leave F2or additional maternity leave—

(a)

is entitled, during the period of leave, to the benefit of all of the terms and conditions of employment which would have applied if she had not been absent, and

(b)

is bound, during that period, by any obligations arising under those terms and conditions, subject only to F3the exceptions in sections 71(4)(b) and 73(4)(b) of the 1996 Act.

(2)

In paragraph (1)(a), “terms and conditions” has the meaning given by F4sections 71(5) and 73(5) of the 1996 Act, and accordingly does not include terms and conditions about remuneration.

(3)

For the purposes of F5sections 71 and 73 of the 1996 Act, only sums payable to an employee by way of wages or salary are to be treated as remuneration.

F6(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, 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.

Annotations

Textual amendments

F1

Reg. 9 substituted (24.11.2002 with effect in accordance with reg. 2(1) of the amending S.I.) by The Maternity and Parental Leave (Amendment) Regulations 2002 (S.I. 2002/2789), regs. 1(1), 9

F2

Words in reg. 9(1) inserted (23.7.2008 with effect in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008 (S.I. 2008/1966), regs. 1, 4(1)(b)

F3

Words in reg. 9(1)(b) substituted (23.7.2008 with effect in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008 (S.I. 2008/1966), regs. 1, 4(1)(c)

F4

Words in reg. 9(2) substituted (23.7.2008 with effect in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008 (S.I. 2008/1966), regs. 1, 4(1)(d)

F5

Words in reg. 9(3) substituted (23.7.2008 with effect in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008 (S.I. 2008/1966), regs. 1, 4(1)(e)

F6

Reg. 9(4) inserted (23.7.2008 with effect in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008 (S.I. 2008/1966), regs. 1, 4(1)(f)

F7

Words in reg. 9 heading inserted (23.7.2008 with effect in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008 (S.I. 2008/1966), regs. 1, 4(1)(a)