Employment Rights Act 1996 s.73 – Additional maternity leave

(1)An employee who satisfies prescribed conditions may be absent from work at any time during an additional maternity leave period.

(2)An additional maternity leave period is a period calculated in accordance with regulations made by the Secretary of State.

[^F449 (3)Regulations under subsection (2)—

(a)may allow an employee [^F450 to bring forward the date on which an additional maternity leave period ends, subject to prescribed restrictions and subject to satisfying prescribed conditions;^F450]

[^F451 (aa)may allow an employee in prescribed circumstances to revoke, or to be treated as revoking, the bringing forward of that date;^F451]

(b)may specify circumstances in which an employee may work for her employer during an additional maternity leave period without bringing the period to an end.^F449]

[^F452 (3A)Provision under subsection (3)(a) is to secure that an employee may bring forward the date on which an additional maternity leave period ends only if the employee or another person has taken, or is taking, prescribed steps as regards leave under section 75E or statutory shared parental pay in respect of the child.^F452]

(4)Subject to section 74, an employee who exercises her right under subsection (1)—

(a)is entitled, for such purposes and to such extent as may be prescribed, to the benefit of the terms and conditions of employment which would have applied if she had not been absent,

(b)is bound, for such purposes and to such extent as may be prescribed, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1)), and

(c)is entitled to return from leave to a job of a prescribed kind.

(5) In subsection (4)(a) “terms and conditions of employment”—

(a)includes matters connected with an employee’s employment whether or not they arise under her contract of employment, but

(b)does not include terms and conditions about remuneration.

[^F453 (5A)In subsection (4)(c), the reference to return from leave includes, where appropriate, a reference to a continuous period of absence attributable partly to additional maternity leave and partly to ordinary maternity leave.^F453]

(6)The Secretary of State may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this section.

(7)The Secretary of State may make regulations making provision, in relation to the right to return under subsection (4)(c), about—

(a)seniority, pension rights and similar rights;

(b)terms and conditions of employment on return.

Definitions used in section 73 5

employee

(1) In this Act “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.

Defined in s.230(1) · see it in the full Act

employer

(4) In this Act “employer”, in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed.

Defined in s.230(4) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act

job

“job”, in relation to an employee, means the nature of the work which he is employed to do in accordance with his contract and the capacity and place in which he is so employed,

Defined in s.235(1) · see it in the full Act

employment

(5) In this Act “employment”—

(a)in relation to an employee, means (except for the purposes of section 171) employment under a contract of employment, and

(b)in relation to a worker, means employment under his contract;

Defined in s.230(5) · see it in the full Act

Defined in s.230(6) · see it in the full Act

contract of employment

(2) In this Act “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.

Defined in s.230(2) · see it in the full Act

Cases considering section 73 3

Mizan Mahder Weldemichael v The Secretary of State for the Home Department

[2015] UKUT 540 (IAC) · 14 September 2015

The Tribunal relied on the 26-week additional maternity leave period, together with ordinary maternity leave, in adopting a 52-week maximum for the protected period. (see paras [31]; [43]-[50])

Equal Opportunities Commission v Secretary of State for Trade & Industry

[2007] EWHC 483 (Admin) · 12 March 2007Defines

The provision identified the further 26-week period of additional maternity leave. That statutory character was central to the conclusion that the period could not receive materially weaker discrimination protection. (see paras [3(vi)(a)], [54]-[58])

1 more judgment, and what each says about section 73, are in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

F449S. 73(3) substituted (27.6.2006 for certain purposes, otherwise 1.10.2006) by Work and Families Act 2006 (c. 18), ss. 11, 19, Sch. 1 para. 32; S.I. 2006/1682, art. 2(c), 3(c)(d)
F450Words in s. 73(3)(a) substituted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 118(3)(a), 139(6); S.I. 2014/1640, art. 3(1)(b)
F451S. 73(3)(aa) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 118(3)(b), 139(6); S.I. 2014/1640, art. 3(1)(b)
F452S. 73(3A) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 118(3)(c), 139(6); S.I. 2014/1640, art. 3(1)(b)
F453S. 73(5A) inserted (24.11.2002) by Employment Act 2002 (c. 22), s. 17(4); S.I. 2002/2866, arts. 2(1), 3, Sch. 1 Pt. 1 (with Sch. 3 para. 3)