Regulation 7 Maternity pay period curtailment notice

(1)

A maternity pay period curtailment notice must—

(a)

be in writing;

(b)

specify the date on which M’s statutory maternity pay period is to end; and

(c)

be given to the person who is liable to pay M’s statutory maternity pay.

(2)

The date specified in accordance with paragraph (1)(b) must be—

(a)

the last day of a week;

(b)

if M has the right to maternity leave under section 71 (ordinary maternity leave) of the 1996 Act^f1, at least one day after the end of the compulsory maternity leave period, or, if M does not have that right, at least two weeks after the end of the pregnancy;

(c)

at least eight weeks after the date on which M gave the maternity pay period curtailment notice; and

(d)

at least one week before the last day of the maternity pay period.

(3)

In paragraph (2) “the end of the compulsory maternity leave period” means whichever is the later of—

(a)

the last day of the compulsory maternity leave period provided for in regulations under section 72(2) (compulsory maternity leave) of the 1996 Act^f2; or

(b)

where section 205 of the Public Health Act 1936^f3 (women not to be employed in factories or workshops within four weeks after birth of a child) applies to M’s employment, the last day of the period in which an occupier of a factory is prohibited from knowingly allowing M to be employed in that factory.

(4)

If M has more than one entitlement to statutory maternity pay in relation to C, M must curtail the maternity pay period in relation to each (or none) of those entitlements, and in relation to each of those entitlements M must specify a maternity pay period curtailment date which falls in the same calendar week.

(5)

Where M—

(a)

returns to work before giving a notice in accordance with paragraph (1); and

(b)

subsequently gives such a notice;

the “maternity pay period curtailment date” shall be the last day of the week in which that notice is given (irrespective of the date given in that notice under paragraph (1)).

(6)

For the purposes of paragraphs (2)(a) and (5), “week” has the meaning given in section 165(8) (the maternity pay period) of the 1992 Act^f4.

(7)

In this regulation, M is treated as returning to work where statutory maternity pay is not payable to her in accordance with section 165(4) or (6) of the 1992 Act^f5.

Annotations

Footnotes

f1: Section 71 was substituted by the Employment Relations Act 1999 (c. 26) (“the 1999 Act”), section 7, Schedule 4, Part 1. Section 71(3) was amended by the Work and Families Act 2006 (c. 18) (“the 2006 Act”), section 11(1), Schedule 1, paragraph 31. No other relevant amendments have been made to section 71.
f2: Section 72 was substituted by the 1999 Act, section 7, Schedule 4, Part 1.
f3: 1936 c. 49 as amended by the Statute Law (Repeals) Act 1993 (c. 50), section 1, Schedule 1, Part 14 and the Statute Law (Repeals) Act 2004 (c. 14), section 1, Schedule 1, Part 13.
f4: Section 165(8) was inserted by the 2006 Act, section 11(1), Schedule 1, paragraph 7(1) and (4).
f5: Section 165(4) was amended by the 2006 Act, Schedule 1, paragraph 7(1) and (3).