# The Statutory Maternity Pay (Persons Abroad and Mariners) Regulations 1987, Regulation 2: Persons in ... member States—meaning of "employee'

Extent: E+W+S+N.I.

Subject to regulation 3, a woman who is—
(a) gainfully employed in a member State ... in such circumstances that if her employment were in Great Britain she would be an employee for the purposes of Part V of the 1986 Act or a woman treated as such an employee under regulation 17 of the General Regulations; and
(b) subject to the legislation of the United Kingdom under Council Regulation (EEC) No. 1408/71 , as amended from time to time, or Regulation(EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems;
notwithstanding that she is not employed in Great Britain, shall be treated as an employee for the purposes of Part V of the 1986 Act.

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Source: https://www.legislation.gov.uk/uksi/1987/418/regulation/2 (the official version)
Page: https://openlegislation.uk/statutory-maternity-pay-persons-abroad-and-mariners-regulations-1987/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.