Maternity Protection Act 1994

Commencement of maternity leave (early confinement).

13

13.—(1) Where, in relation to a pregnant employee, the date of confinement occurs in a week that is four weeks or more before the expected week of confinement, the employee shall, where the circumstances so require, be deemed to have complied with section 9 (1) (a) if the notification required by that section is given in the period of 14 days commencing on the date of confinement.

F18[(2) Notwithstanding section 10(1), but subject to regulations under section 11, the minimum period of maternity leave for an employee referred to in subsection (1) shall be a period of not less than—

(a) F19[26 consecutive weeks] F20[and a further period of maternity leave in respect of a date of confinement that occurred on or after 1 October 2017, the duration of which is equal to the duration of the premature birth period], or

(b) F19[26 weeks] F20[and a further period of maternity leave in respect of a date of confinement that occurred on or after 1 October 2017, the duration of which is equal to the duration of the premature birth period] part of which is postponed in accordance with F21[section 14B or section 14C],

as may be appropriate, commencing on whichever of the following is the earlier—

(i) the first day of maternity leave taken in accordance with section 10, or

(ii) the date of confinement.]

Annotations

Amendments:

F18

Substituted (18.10.2004) by Maternity Protection (Amendment) Act 2004 (28/2004), s. 4, S.I. No. 652 of 2004.

F19

Substituted (1.02.2007) by Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006 (S.I. No. 51 of 2006), art. 9(a) and (b), in force as per art. 2.

F20

Inserted (23.12.2017) by Social Welfare Act 2017 (38/2017), s. 16(d), commenced on enactment.

F21

Substituted (20.11.2024) by Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024 (37/2024), s. 3(b), S.I. No. 630 of 2024.

Editorial Notes:

E13

Previous affecting provision: subs. (2) substituted (1.02.2006) by Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006 (S.I. No. 51 of 2006), art. 5, in force as per art. 2 and superseded by art. 9 of the same instrument above.

E14

Previous affecting provision: subs. (2) substituted (8.02.2001) by Maternity Protection Act, 1994 (Extension of Periods of Leave) Order 2001 (S.I. No. 29 of 2001), art. 5, in force as per art. 2; revoked (18.10.2004) by Maternity Protection Act 1994 (28/2004), s. 26, S.I. No. 652 of 2004.