Parental Leave and Employment Protection Act 1987
Part 1 Maternity Leave

Section 7 Entitlement of female employee to maternity leave

Except as otherwise provided in this Act, every female employee

(a) Who becomes pregnant; and

(b) Who, at the expected date of delivery, will have been for the immediately preceding 12 months in the employment of the same employer for at least an average of 10 hours a week during that period,

shall be entitled to maternity leave in accordance with this Act.

Section 8 Entitlement of adoptive mother to maternity leave

(1) Except as otherwise provided in this Act, every female employee

(a) Who assumes (with a view to adoption by her or by her and her spouse jointly) the care of a child who is not more than 5 years of age; and

(b) Who, at the date on which she, with a view to adoption, first assumes the care of the child, will have been for the immediately preceding 12 months in the employment of the same employer for at least an average of 10 hours a week during that period,

shall be entitled to maternity leave in accordance with this Act.

(2) A female employee shall not be entitled to maternity leave in respect of a child by virtue of subsection (1) of this section if she has previously taken, in respect of that child, a period of leave, being

(a) Maternity leave under this Act; or

(b) A period of leave in the nature of maternity leave under any Act other than this Act, or any employment agreement.

Section 9 Duration of maternity leave

(1) Subject to subsection (2) of this section, maternity leave shall be taken in one continuous period not exceeding 14 weeks.

(2) If a female employee begins her maternity leave

(a) On a date specified, pursuant to section 13(1) of this Act, in a certificate; or

(b) On a date appointed, pursuant to section 14 of this Act, by her employer,

the female employee shall be entitled to take at least 8 weeks of her maternity leave after the expected date of delivery and, if necessary for that purpose, to extend the duration of her maternity leave.

(3) Any period of maternity leave in excess of 14 weeks taken by a female employee pursuant to subsection (2) of this section shall be deemed to be maternity leave for the purposes of this Act, but shall not be taken into account in assessing under section 26 of this Act the period of extended leave to which that female employee or her spouse is entitled under this Act.

Section 10 Date of commencement of maternity leave

Maternity leave shall begin

(a) On the date of confinement; or

(b) In the case of adoption, on the date on which the female employee first assumes (with a view to adoption by her or by her and her spouse jointly) the care of the child; or

(c) On such earlier date

(i) As is determined in accordance with section 11 or section 12 or section 13 of this Act; or

(ii) As is appointed by the employer pursuant to section 14 of this Act.

Section 11 Right of employee to determine date of commencement of maternity leave

Maternity leave may, at the option of the female employee and subject to compliance with section 37 of this Act, begin on a date which is earlier, by not more than 6 weeks,

(a) Than the expected date of delivery; or

(b) In the case of adoption, than the date applicable under section 10(b) of this Act.

Section 12 Right of employer and employee to determine date of commencement of maternity leave by agreement

Maternity leave may, by agreement between the female employee and her employer, begin on any date before the date of confinement.

Section 13 Right of medical practitioner or midwife to determine date of commencement of maternity leave

(1) If a registered medical practitioner or midwife considers that the female employee, being pregnant, should begin her maternity leave before the expected date of delivery, the medical practitioner or midwife may give to the female employee a certificate specifying the date on which, in the medical practitioner's or midwife's opinion, that female employee should begin her maternity leave.

(2) If the female employee gives that certificate to her employer, her maternity leave, despite section 10 or section 12 or section 14, begins on the earlier of

(a) the date specified in the certificate; or

(b) the date of confinement.

Section 14 Right of employer to appoint date of commencement of maternity leave

Where, by reason of pregnancy, a female employee is unable to perform her work to the safety of herself or others or is incapable of performing her work adequately, her employer, if no other suitable work is available, may, subject to section 9(2) of this Act, direct her to commence her maternity leave on such date as the employer appoints (including a date that is earlier, by more than 6 weeks, than the expected date of delivery).

Section 15 Special leave

(1) A female employee who is pregnant is entitled, before taking maternity leave, to take a total of up to 10 days special leave without pay for reasons connected with her pregnancy.

(2) No period of special leave taken under subsection (1) of this section by a female employee shall be taken into account in assessing the period of maternity leave or the period of extended leave to which that female employee or her spouse is entitled in accordance with this Act.

Section 16 Ability to perform work

Where, by reason of pregnancy, a female employee is unable to perform her work to the safety of herself or others or is incapable of performing her work adequately, her employer may temporarily transfer her from one job to another.

End of Part 1