The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2006

• Citation: S.I. 2006/2014
• Sections: 17

Section 1 Citation and commencement

These Regulations may be cited as the Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2006 and shall come into force on 1st October 2006.

Section 2 Application

(1) The amendments to the Maternity and Parental Leave etc. Regulations 1999 provided for in these Regulations have effect only in relation to employees whose expected week of childbirth begins on or after 1st April 2007.

(2) The amendments to the Paternity and Adoption Leave Regulations 2002 provided for in these Regulations have effect only in relation to an employee with whom a child is expected to be placed for adoption, where the placement is expected to occur on or after 1st April 2007. For the purposes of this paragraph, the date on which the child is actually placed for adoption is immaterial.

(3) The amendments to the Paternity and Adoption Leave Regulations 2002 applied to adoption from overseas by virtue of and as modified by the Paternity and Adoption Leave (Adoption from Overseas) Regulations 2003 have effect only where the adopter’s child enters Great Britain on or after 1st April 2007.

(4) For the purposes of paragraph (3)—

“adopter”, in relation to a child, means a person by whom the child has been or is to be adopted or, in a case where the child has been or is to be adopted by two people jointly, whichever of them has elected to take adoption leave in respect of the child;

“adoption from overseas” means the adoption of a child who enters Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom;

“enters Great Britain” means enters Great Britain from outside the United Kingdom in connection with or for the purposes of adoption.

Section 3 Amendments to the Maternity and Parental Leave etc. Regulations 1999

The Maternity and Parental Leave etc. Regulations 1999 shall be amended as follows.

Section 4 Amendments to the Maternity and Parental Leave etc. Regulations 1999

In regulation 2(1) (interpretation), after the definition of “statutory leave” there shall be inserted the following definitions—

“statutory maternity leave” means ordinary maternity leave and additional maternity leave;

“statutory maternity leave period” means the period during which the employee is on statutory maternity leave;

Section 5 Amendments to the Maternity and Parental Leave etc. Regulations 1999

In regulation 4 (entitlement to ordinary maternity leave), after “ordinary maternity leave”—

(a) in both the heading and in the first line of paragraph (1) insert “and to additional maternity leave”; and

(b) in both paragraphs (3)(b) and (4)(b) insert “or to additional maternity leave”.

Section 6 Amendments to the Maternity and Parental Leave etc. Regulations 1999

Omit regulation 5 (entitlement to additional maternity leave).

Section 7 Amendments to the Maternity and Parental Leave etc. Regulations 1999

In regulation 7(6) (duration of maternity leave periods: notification by employer)—

(a) omit sub-paragraphs (a) and (b); and

(b) after “shall notify the employee of the date on which” insert “her additional maternity leave period shall end”.

Section 8 Amendments to the Maternity and Parental Leave etc. Regulations 1999

In regulation 11 (requirement to notify intention to return during a maternity leave period)—

(a) for paragraph (1) substitute—

(1) An employee who intends to return to work earlier than the end of her additional maternity leave period, shall give to her employer not less than 8 weeks' notice of the date on which she intends to return.

(b) in paragraph (2)—

(i) for “a maternity leave period” substitute “her additional maternity leave period”;

(ii) for “28 days'” substitute “8 weeks'”;

(c) after paragraph (2) insert—

(2A) An employee who complies with her obligations in paragraph (1) or whose employer has postponed her return in the circumstances described in paragraph (2), and who then decides to return to work—

(a) earlier than the original return date, must give her employer not less than 8 weeks' notice of the date on which she now intends to return;

(b) later than the original return date, must give her employer not less than 8 weeks' notice ending with the original return date.

(2B) In paragraph (2A) the “original return date” means the date which the employee notified to her employer as the date of her return to work under paragraph (1), or the date to which her return was postponed by her employer under paragraph (2).

(d) in paragraph (5), for “the relevant maternity leave period” substitute “her additional maternity leave period”.

Section 9 Amendments to the Maternity and Parental Leave etc. Regulations 1999

After regulation 11 insert—

Work during maternity leave period

(12A)

(1) Subject to paragraph (5), an employee may carry out up to 10 days' work for her employer during her statutory maternity leave period without bringing her maternity leave to an end.

(2) For the purposes of this regulation, any work carried out on any day shall constitute a day’s work.

(3) Subject to paragraph (4), for the purposes of this regulation, work means any work done under the contract of employment and may include training or any activity undertaken for the purposes of keeping in touch with the workplace.

(4) Reasonable contact from time to time between an employee and her employer which either party is entitled to make during a maternity leave period (for example to discuss an employee’s return to work) shall not bring that period to an end.

(5) Paragraph (1) shall not apply in relation to any work carried out by the employee at any time from childbirth to the end of the period of two weeks which commences with the day on which childbirth occurs.

(6) This regulation does not confer any right on an employer to require that any work be carried out during the statutory maternity leave period, nor any right on an employee to work during the statutory maternity leave period.

(7) Any days' work carried out under this regulation shall not have the effect of extending the total duration of the statutory maternity leave period.

Section 10 Amendments to the Maternity and Parental Leave etc. Regulations 1999

In regulation 19 (protection from detriment), after paragraph (2)(ee) insert—

(eee) undertook, considered undertaking or refused to undertake work in accordance with regulation 12A;

Section 11 Amendments to the Maternity and Parental Leave etc. Regulations 1999

In regulation 20 (unfair dismissal)—

(a) after paragraph (3)(ee) insert—

(eee) the fact that she undertook, considered undertaking or refused to undertake work in accordance with regulation 12A;

(b) omit paragraph (6);

(c) in paragraph (8) omit “(6) or”.

Section 12 Amendments to the Paternity and Adoption Leave Regulations 2002

The Paternity and Adoption Leave Regulations 2002 shall be amended as follows.

Section 13 Amendments to the Paternity and Adoption Leave Regulations 2002

In regulation 2(1) (interpretation), after the definition of “paternity leave” there shall be inserted the following definitions—

“statutory adoption leave” means ordinary adoption leave and additional adoption leave;

“statutory adoption leave period” means the period during which the adopter is on statutory adoption leave;

Section 14 Amendments to the Paternity and Adoption Leave Regulations 2002

After regulation 21 insert—

Work during adoption leave period

(21A)

(1) An employee may carry out up to 10 days' work for his employer during his statutory adoption leave period without bringing his statutory adoption leave to an end.

(2) For the purposes of this regulation, any work carried out on any day shall constitute a day’s work.

(3) Subject to paragraph (4),for the purposes of this regulation, work means any work done under the contract of employment and may include training or any activity undertaken for the purposes of keeping in touch with the workplace.

(4) Reasonable contact from time to time between an employee and his employer which either party is entitled to make during an adoption leave period (for example to discuss an employee’s return to work) shall not bring that period to an end.

(5) This regulation does not confer any right on an employer to require that any work be carried out during the statutory adoption leave period, nor any right on an employee to work during the statutory adoption leave period.

(6) Any days' work carried out under this regulation shall not have the effect of extending the total duration of the statutory adoption leave period.

Section 15 Amendments to the Paternity and Adoption Leave Regulations 2002

In regulation 25 (requirement to notify intention to return during an adoption leave period)—

(a) in paragraph (1) for “28 days'” substitute “8 weeks'”;

(b) in paragraph (2) for “28 days'” substitute “8 weeks'”;

(c) after paragraph (2) insert—

(2A) An employee who complies with his obligations in paragraph (1) or whose employer has postponed his return in the circumstances described in paragraph (2), and who then decides to return to work—

(a) earlier than the original return date, must give his employer not less than 8 weeks' notice of the date on which he now intends to return;

(b) later than the original return date, must give his employer not less than 8 weeks' notice ending with the original return date.

(2B) In paragraph (2A) the “original return date” means the date which the employee notified to his employer as the date of his return to work under paragraph (1), or the date to which his return was postponed by his employer under paragraph (2).

Section 16 Amendments to the Paternity and Adoption Leave Regulations 2002

In regulation 28 (protection from detriment) after paragraph (1)(b) omit “or” and insert—

(bb) the employee undertook, considered undertaking or refused to undertake work in accordance with regulation 21A; or

Section 17 Amendments to the Paternity and Adoption Leave Regulations 2002

In regulation 29 (unfair dismissal)—

(a) after paragraph (3)(b) omit “or” and insert—

(bb) the employee undertook, considered undertaking or refused to undertake work in accordance with regulation 21A; or

(b) omit paragraph (4);

(c) in paragraph (6) omit “(4) or”.