The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008

• Citation: S.I. 2008/1966
• Sections: 10

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 2008 and shall come into force on the day after the day on which they are made.

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 5th October 2008.

(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 5th October 2008.

(3) For the purposes of paragraph (2) the date on which the child is actually placed for adoption is immaterial.

(4) 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 5th October 2008.

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

“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; and

“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 are amended in accordance with regulations 4 to 7.

Section 4 Application of terms and conditions during ordinary maternity leave and additional maternity leave

(1) In regulation 9 (application of terms and conditions during ordinary maternity leave)—

(a) in the heading, after “ordinary maternity leave”, insert “and additional maternity leave”;

(b) in paragraph (1), after “ordinary maternity leave”, insert “or additional maternity leave”;

(c) in paragraph (1)(b), for “the exception in section 71(4)(b)”, substitute “the exceptions in sections 71(4)(b) and 73(4)(b)”;

(d) in paragraph (2), for “section 71(5)”, substitute “sections 71(5) and 73(5)”;

(e) in paragraph (3), for “section 71”, substitute “sections 71 and 73” ; and

(f) after paragraph (3) insert—

(4) In the case of accrual of rights under an employment-related benefit scheme within the meaning given by Schedule 5 to the Social Security Act 1989 , nothing in paragraph (1)(a) concerning the treatment of additional maternity leave shall be taken to impose a requirement which exceeds the requirements of paragraph 5 of that Schedule.

(2) In regulation 17 (application of terms and conditions during periods of leave), omit “additional maternity leave or”.

Section 5 Incidents of the right to return after ordinary maternity leave or additional maternity leave

In regulation 18A (incidents of the right to return)—

(a) for paragraph (1)(a), substitute—

(a) with her seniority, pension rights and similar rights as they would have been if she had not been absent, and

(b) for paragraph (2), substitute—

(2) In the case of accrual of rights under an employment-related benefit scheme within the meaning given by Schedule 5 to the Social Security Act 1989, nothing in paragraph (1)(a) concerning the treatment of additional maternity leave shall be taken to impose a requirement which exceeds the requirements of paragraphs 5 and 6 of that Schedule.

(c) in paragraph (3), for “in paragraph (1)(a)(ii) and (b)” substitute “in paragraph (1)”.

Section 6 Protection from detriment

In regulation 19 (protection from detriment)—

(a) in paragraph (2)(d), after “ordinary maternity leave” insert “or additional maternity leave”,

(b) omit paragraph (2)(e)(i), and

(c) after paragraph (3) insert—

(3A) For the purposes of paragraph (2)(d), a woman avails herself of the benefits of additional maternity leave if, during her additional maternity leave period, she avails herself of the benefit of any of the terms and conditions of her employment preserved by section 73 of the 1996 Act and regulation 9 during that period.

Section 7 Unfair dismissal

In regulation 20 (unfair dismissal)—

(a) in paragraph (3)(d), after “ordinary maternity leave” insert “or additional maternity leave”,

(b) omit paragraph (3)(e)(i), and

(c) for paragraph (5) substitute—

(5) Paragraphs (3) and (3A) of regulation 19 apply for the purposes of paragraph (3)(d) as they apply for the purposes of paragraph (2)(d) of that regulation.

Section 8 Amendments to the Paternity and Adoption Leave Regulations 2002

The Paternity and Adoption Leave Regulations 2002 are amended in accordance with regulations 9 and 10.

Section 9 Application of terms and conditions during ordinary adoption leave and additional adoption leave

(1) In regulation 19 (application of terms and conditions during ordinary adoption leave)—

(a) in the heading, after “ordinary adoption leave”, insert “and additional adoption leave”,

(b) in paragraph (1), after “ordinary adoption leave”, insert “or additional adoption leave”,

(c) in paragraph (1)(b), for “the exception in section 75A(3)(b)”, substitute “the exceptions in sections 75A(3)(b) and 75B(4)(b)”,

(d) in paragraph (2), for “section 75A(4)”, substitute “sections 75A(4) and 75B(5)”, and

(e) in paragraph (3), for “section 75A”, substitute “sections 75A and 75B”.

(2) Regulation 21 (application of terms and conditions during additional adoption leave) is revoked.

Section 10 Incidents of the right to return from adoption leave

In regulation 27 (incidents of the right to return from adoption leave)—

(a) for paragraph (1)(a) substitute—

(a) with his seniority, pension rights and similar rights as they would have been if he had not been absent, and

(b) for paragraph (2), substitute—

(2) In the case of accrual of rights under an employment-related benefit scheme within the meaning given by Schedule 5 to the Social Security Act 1989, nothing in paragraph (1)(a) concerning the treatment of additional adoption leave shall be taken to impose a requirement which exceeds the requirements of paragraphs 5, 5B and 6 of that Schedule .

(c) in paragraph (3), for “in paragraph (1)(a)(ii) and (b)”, substitute “in paragraph (1)”.