Maternity Protection (Amendment) Act 2004

Amendment of section 22 of Principal Act.

14.—Section 22 of the Principal Act is amended—

(a) in subsection (1), by the substitution of “be treated as if she or he had not been so absent” for “be treated as if she had not been so absent”, and

(b) by the substitution of the following subsections for subsection (2):

“(2) In respect of a period of absence from work by an employee while on—

(a) additional maternity leave,

(b) subsection (1)(b) leave within the meaning of section 16, or

(c) further leave under section 16(4),

the employee shall be deemed to have been in the employment of the employer and accordingly, while so absent the employee shall, subject to section 24, be treated as if she or he had not been so absent; and such absence shall not affect any right or obligation (other than the employee's right to remuneration or superannuation benefits or any obligation to pay contributions in or in respect of the employment during such absence), whether conferred or imposed by statute, contract or otherwise, and related to the employee's employment.

(2A) In respect of a period of absence from work by an employee while—

(a) attending ante-natal classes in accordance with section 15A, or

(b) breastfeeding in accordance with section 15B,

the employee shall be deemed to have been in the employment of the employer and accordingly, while so absent the employee shall, subject to section 24, be treated as if she or he had not been so absent; and such absence shall not affect any right, whether conferred by statute, contract or otherwise, and related to the employee's employment.”.