Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006
Statutory Instruments
Source: Statutory Instruments

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paragraphs: This Order may be cited as the Maternity Protection Act 1994 (Extension of Periods of Leave) Order 2006.
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paragraphs: (1) Subject to paragraphs (2) and (3) of this Article, this Order (other than Articles 8 to 11 thereof) comes into operation on 1 February 2006.
(2) (a) Articles 4 and 5 of this Order apply in respect of a pregnant employee who commences maternity leave at any time not less than 4 weeks after the date specified in paragraph (1) of this Article.
(b) Article 6 of this Order applies in respect of an employee who commences additional maternity leave at any time not less than 4 weeks after the date specified in paragraph (1) of this Article.
(c) Article 7(a) of this Order applies in respect of a man who commences leave from his employment under section 16(1) (as amended by section 10(a) of the Act of 2004) of the Act of 1994 at any time after the date specified in paragraph (1) of this Article.
(d) (i) Subject to clause (ii) of this subparagraph, Article 7(b) of this Order applies in respect of a man who commences leave from his employment under section 16(4) (as amended by section 10(b) of the Act of 2004) of the Act of 1994 at any time not less than 4 weeks after the date specified in paragraph (1) of this Article.
(ii) Article 7(b) of this Order applies in respect of a man who commences leave from his employment under subsection (1)(a) of section 16 (as amended by section 10 of the Act of 2004) of the Act of 1994 at any time after the date specified in paragraph (1) of this Article and who gives notification under subsection (5) of the said section 16 (as so amended) at the same time as he gives notification under subsection (2)(a) thereof.
(3) (a) Articles 4 to 7 of this Order do not apply in respect of an employee who -
(i) at any time prior to the relevant date, postpones the leave concerned in accordance with section 14B (inserted by section 7 of the Act of 2004) or 16B (inserted by section 12 of the Act of 2004), as the case may be, of the Act of 1994, and
(ii) by reason only of that postponement, resumes or commences the leave concerned after the relevant date.
(b) In this paragraph “the relevant date” means -
(i) 1 February 2006, in respect of leave from a man's employment under -
(I) subsection (1) of section 16 (as amended by section 10 of the Act of 2004) of the Act of 1994, or
(II) subsection (4) of the said section 16 (as so amended) where he gives notification under subsection (5) of that section at the same time as he gives notification under subsection (2)(a) thereof, and
(ii) 1 March 2006, in respect of maternity leave, additional maternity leave or leave under subsection (4) of the said section 16 (as so amended) other than in a case falling under subclause (II) of clause (i) of this subparagraph.
(4) Subject to paragraphs (5) and (6) of this Article, Articles 8 to 11 of this Order come into operation on 1 February 2007.
(5) (a) Articles 8 and 9 of this Order apply in respect of a pregnant employee who commences maternity leave at any time not less than 4 weeks after the commencement of those Articles.
(b) Article 10 of this Order applies in respect of an employee who commences additional maternity leave at any time not less than 4 weeks after the commencement of that Article.
(c) Paragraph (a) of Article 11 of this Order applies in respect of a man who commences leave from his employment under section 16(1) (as amended by section 10(a) of the Act of 2004) of the Act of 1994 at any time after the commencement of that Article.
(d) (i) Subject to clause (ii) of this subparagraph, paragraph (b) of Article 11 of this Order applies in respect of a man who commences leave from his employment under section 16(4) (as amended by section 10(b) of the Act of 2004) of the Act of 1994 at any time not less than 4 weeks after the commencement of that Article.
(ii) Paragraph (b) of Article 11 of this Order applies in respect of a man who commences leave from his employment under subsection (1)(a) of section 16 (as amended by section 10 of the Act of 2004) of the Act of 1994 at any time after the commencement of that Article and who gives notification under subsection (5) of the said section 16 (as so amended) at the same time as he gives notification under subsection (2)(a) thereof.
(6) (a) Articles 8 to 11 of this Order do not apply in respect of an employee who -
(i) at any time prior to the relevant date, postpones the leave concerned in accordance with section 14B (inserted by section 7 of the Act of 2004) or 16B (inserted by section 12 of the Act of 2004), as the case may be, of the Act of 1994, and
(ii) by reason only of that postponement, resumes or commences the leave concerned after the relevant date.
(b) In this paragraph “the relevant date” means -
(i) 1 February 2007, in respect of leave from a man's employment under -
(I) subsection (1) of section 16 (as amended by section 10 of the Act of 2004) of the Act of 1994, or
(II) subsection (4) of the said section 16 (as so amended) where he gives notification under subsection (5) of that section at the same time as he gives notification under subsection (2)(a) thereof, and
(ii) 1 March 2007, in respect of maternity leave, additional maternity leave or leave under subsection (4) of the said-section 16 (as so amended) other than in a case falling under subclause (II) of clause (i) of this subparagraph.
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paragraphs: In this Order -
“Act of 1994” means the Maternity Protection Act 1994 (No. 34 of 1994);
“Act of 2004” means the Maternity Protection (Amendment) Act 2004 (No. 28 of 2004).
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paragraphs: Subsection (1) of section 8 (as amended by section 2 of the Act of 2004) of the Act of 1994 is amended -
(a) in paragraph (a), by substituting “22 consecutive weeks” for “18 consecutive weeks”, and
(b) in paragraph (b), by substituting “22 weeks” for “18 weeks”.
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paragraphs: Subsection (2) of section 13 (as amended by section 4 of the Act of 2004) of the Act of 1994 is amended -
(a) in paragraph (a), by substituting “22 consecutive weeks” for “18 consecutive weeks”, and
(b) in paragraph (b), by substituting “22 weeks” for “18 weeks”.
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paragraphs: Subsection (1) of section 14 (as amended by section 5 of the Act of 2004) of the Act of 1994 is amended -
(a) in paragraph (a), by substituting “12 consecutive weeks” for “8 consecutive weeks”, and
(b) in paragraph (b), by substituting “12 weeks” for “8 weeks”.
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paragraphs: Section 16 (as amended by section 10 of the Act of 2004) of the Act of 1994 is amended -
(a) in subsection (1), by substituting “thirty-second week” for “twenty-fourth week” in each place where it occurs and substituting “twentieth week” for “sixteenth week” in each place where it occurs, and
(b) in subsection (4) -
(i) in paragraph (a), by substituting “12 consecutive weeks” for “8 consecutive weeks”, and
(ii) in paragraph (b), by substituting “12 weeks” for “8 weeks”.
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paragraphs: Subsection (1) of section 8 (as amended by section 2 of the Act of 2004) of the Act of 1994 is amended -
(a) in paragraph (a), by substituting “26 consecutive weeks” for “22 consecutive weeks”, and
(b) in paragraph (b), by substituting “26 weeks” for “22 weeks”.
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paragraphs: Subsection (2) of section 13 (as amended by section 4 of the Act of 2004) of the Act of 1994 is amended -
(a) in paragraph (a), by substituting “26 consecutive weeks” for “22 consecutive weeks”, and
(b) in paragraph (b), by substituting “26 weeks” for “22 weeks”.
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paragraphs: Subsection (1) of section 14 (as amended by section 5 of the Act of 2004) of the Act of 1994 is amended -
(a) in paragraph (a), by substituting “16 consecutive weeks” for “12 consecutive weeks”, and
(b) in paragraph (b), by substituting “16 weeks” for “12 weeks”.
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paragraphs: Section 16 (as amended by section 10 of the Act of 2004) of the Act of 1994 is amended -
(a) in subsection (1), by substituting “fortieth week” for “thirty-second week” in each place where it occurs and substituting “twenty-fourth week” for “twentieth week” in each place where it occurs, and
(b) in subsection (4) -
(i) in paragraph (a), by substituting “16 consecutive weeks” for “12 consecutive weeks”, and
(ii) in paragraph (b), by substituting “16 weeks” for “12 weeks”.