Maternity Protection Act 1994

Ending of leave under section 18 on change of circumstances.

20

20.(1) If an employee to whom leave has been granted under section 18 as being an employee who is breastfeeding ceases breastfeeding, she shall, at the earliest practical time, notify her employer in writing that she has so ceased.

(2) Without prejudice to subsection (1), if, during a period of leave granted to an employee under section 18, the employee becomes aware that her condition is no longer such that she is vulnerable to the risk by virtue of which she was granted the leave, she shall at the earliest practical time notify her employer in writing that she is no longer at risk.

(3) Where an employer receives notification from an employee under subsection (1) or subsection (2), and has no reason to believe that, if the employee returned to work, she would be vulnerable to risk as an employee to whom this Part applies—

(a) the employer shall take all reasonable measures to enable the employee to return to work in the job which she held immediately before the start of her leave and shall then notify her in writing that she can resume work in that job; and

(b) the leave granted to the employee under section 18 shall end seven days after the notification under paragraph (a) is received by her or, if it is earlier, on the day she returns to work.

(4) If, during a period of leave granted to an employee under section 18, her employer—

(a) either takes whatever measures are necessary to ensure that she will no longer be exposed to any risk by virtue of which she was granted the leave or becomes able to move the employee as mentioned in section 18 (1), and

(b) notifies the employee in writing that she can return to work without exposure to that risk or, as the case may be, that other work is available to her which is suitable for her as mentioned in section 18 (3),

the leave granted to the employee under section 18 shall end seven days after the notification under paragraph (b) is received by her or, if it is earlier, on the day she returns to work or, as the case may be, takes up the other work.