Maternity and Parental Leave etc. Regulations 1999

JurisdictionUK Non-devolved
CitationSI 1999/3312
  • These Regulations may be cited as the Maternity and Parental Leave etc. Regulations 1999 and shall come into force on 15th December 1999.
  • (1) In these Regulations—(2) A reference in any provision of these Regulations to a period of continuous employment is to a period computed in accordance with Chapter I of Part XIV of the 1996 Act, as if that provision were a provision of that Act.one is a company of which the other (directly or indirectly) has control; orboth are companies of which a third person (directly or indirectly) has control;a reference to a numbered regulation or schedule is to the regulation or schedule in these Regulations bearing that number;a reference in a regulation or schedule to a numbered paragraph is to the paragraph in that regulation or schedule bearing that number, anda reference in a paragraph to a lettered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter.(1) The provisions of Part II of these Regulations have effect only in relation to employees whose expected week of childbirth begins on or after 30th April 2000.(2) Regulation 19 (protection from detriment) has effect only in relation to an act or failure to act which takes place on or after 15th December 1999.where an act extends over a period, the reference to the date of the act is a reference to the last day of that period, anda failure to act is to be treated as done when it was decided on.when he does an act inconsistent with doing the failed act, orif he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the failed act if it was to be done.(5) Regulation 20 (unfair dismissal) has effect only in relation to dismissals where the effective date of termination (within the meaning of section 97 of the 1996 Act) falls on or after 15th December 1999.her pregnancy;the expected week of childbirth, andthe date on which she intends her ordinary maternity leave period to start,a registered medical practitioner, ora registered midwife,shall be given in writing, if the employer so requests, andshall not specify a date earlier than the beginning of the eleventh week before the expected week of childbirth.paragraph (1) does not require her to notify her employer of the date specified in that paragraph, but(whether or not she has notified him of that date) she is not entitled to ordinary maternity leave unless she notifies him as soon as is reasonably practicable that she is absent from work wholly or partly because of pregnancy.paragraph (1) does not require her to notify her employer of the date specified in that paragraph, but(whether or not she has notified him of that date) she is not entitled to ordinary maternity leave unless she notifies him as soon as is reasonably practicable after the birth that she has given birth.(5) The notification provided for in paragraphs (3) (b) and (4) (b) shall be given in writing, if the employer so requests.
  • she is entitled to ordinary maternity leave, and
  • she has, at the beginning of the eleventh week before the expected week of childbirth, been continuously employed for a period of not less than a year.
  • the date which, in accordance with regulation 4(1) (a) (iii) , she notifies to her employer as the date on which she intends her ordinary maternity leave period to start, andthe first day after the beginning of the sixth week before the expected week of childbirth on which she is absent from work wholly or partly because of pregnancy.(2) Where the employee’s ordinary maternity leave period has not commenced by virtue of paragraph (1) when childbirth occurs, her ordinary maternity leave period commences with the day on which childbirth occurs.(3) An employee’s additional maternity leave period commences on the day after the last day of her ordinary maternity leave period.(1) Subject to paragraphs (2) and (5) , an employee’s ordinary maternity leave period continues for the period of eighteen weeks from its commencement, or until the end of the compulsory maternity leave period provided for in regulation 8 if later.(2) Subject to paragraph (5) , where any requirement imposed by or under any relevant statutory provision prohibits the employee from working for any period after the end of the period determined under paragraph (1) by reason of her having recently given birth, her ordinary maternity leave period continues until the end of that later period.an enactment, oran instrument under an enactment,(4) Subject to paragraph (5) , where an employee is entitled to additional maternity leave her additional maternity leave period continues until the end of the period of 29 weeks beginning with the week of childbirth.(5) Where the employee is dismissed after the commencement of an ordinary or additional maternity leave period but before the time when (apart from this paragraph) that period would end, the period ends at the time of the dismissal.
  • in relation to an employee who is entitled to ordinary maternity leave, and
  • in respect of the period of two weeks which commences with the day on which childbirth occurs.
  • For the purposes of section 71 of the 1996 Act, which includes provision excluding the entitlement of an employee who exercises her right to ordinary maternity leave to the benefit of...
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