Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

Statutory Maternity Pay (General) Regulations 1986

Consolidated Text As Enacted Cited authorities 25 Cited in Amendments 9 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1986/1960
Year1986
(1) These regulations may be cited as the Statutory Maternity Pay (General) Regulations 1986 and shall come into operation in the case of regulations 1, 22 and 23 on 15th March 1987, and in the case of the remainder of the regulations on 6th April 1987.(2) In these regulations, unless the context otherwise requires—a numbered regulation is a reference to the regulation bearing that number in these regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number;any provision made by or contained in an enactment or instrument shall be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which it re-enacts or replaces, or which may re-enact or replace it, with or without modifications.a woman gives notice to her employer of the date from which she expects his liability to pay her statutory maternity pay to begin; andin conformity with that notice ceases to work for him in a week which is later than the 12th week before the expected week of confinement,(2) The maternity pay period shall be a period of 39 consecutive weeks.before the 11th week before the expected week of confinement; orafter the 12th week before the expected week of confinement and the confinement occurs on a day which precedes that mentioned in a notice given to her employer as being the day on which she expects his liability to pay her statutory maternity pay to begin,which falls on or after the beginning of the 4th week before the expected week of confinement; butnot later than the day immediately following the day on which she is confined,at any time falling after the beginning of the 11th week before the expected week of confinement and before the start of the maternity pay period, butnot later than the day on which she is confined,(1) A former employer shall be liable to make payments of statutory maternity pay to any woman who was employed by him for a continuous period of at least 8 weeks and whose contract of service with him was brought to an end by the former employer solely or mainly for the purpose of avoiding liability for statutory maternity pay.the woman shall be deemed for the purposes of Part V of the 1986 Act to have been employed by him from the date her employment with him ended until the end of the week immediately preceding the 14th week before the expected week of confinement on the same terms and conditions of employment as those subsisting immediately before her employment ended, andher normal weekly earnings for the period of 8 weeks immediately preceding the 14th week before the expected week of confinement shall for those purposes be calculated by reference to her normal weekly earnings for the period of 8 weeks ending with the last day in respect of which she was paid under her former contract of service.(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .she would but for her confinement have been in employed earner's employment with an employer for a continuous period of at least 26 weeks ending with the week immediately preceding the 14th week before the expected week of confinement, andher normal weekly earnings for the period of 8 weeks ending with the week immediately preceding the week of her confinement are not less than the lower earnings limit in force under F13under section 5(1) (a) of the Contributions and Benefits Act immediately before the commencement of the week of her confinement.(3) In relation to a woman to whom paragraph (2) applies, section 166 of the Contributions and Benefits Act shall be modified so that subsection (2) has effect as if the reference to the period of 8 weeks immediately preceding the 14th week before the expected week of confinement was a reference to the period of 8 weeks immediately preceding the week in which her confinement occurred.

To continue reading

Request your trial
Navigation index

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT