Maternity Protection (Amendment) Act 2004

Amendment of section 26 of Principal Act.

18.—Section 26 of the Principal Act is amended—

(a) in subsection (1)(a), by the substitution of “with the employer with whom she or he was working immediately before the start of that period or, where during the employee's absence from work there was a change of ownership of the undertaking in which she or he was employed immediately before her or his absence” for “with the employer with whom she was working immediately before the start of that period or, where during the employee's absence from work there was a change of ownership of the undertaking in which she was employed immediately before her absence”,

(b) in subsection (1)(c), by the substitution of “and (in either case) under terms or conditions—

(i) not less favourable than those that would have been applicable to the employee, and

(ii) that incorporate any improvement to the terms or conditions of employment to which the employee would have been entitled,

if she or he had not been so absent from work” for “and (in either case) under terms or conditions not less favourable than those that would have been applicable to the employee if she had not been so absent from work”,

(c) in subsection (2), by the substitution of “her or his absence on protective leave” for “her absence on protective leave” and the substitution of “her or his normal or usual job” for “her normal or usual job”, and

(d) in subsection (3), by the substitution of “the work which she or he is employed to do in accordance with her or his contract of employment and the capacity and place in which she or he is so employed” for “the work which she is employed to do in accordance with her contract of employment and the capacity and place in which she is so employed”.