The Maternity and Parental Leave etc. Regulations 1999

[^key-70b8d839b9e93e2a3bba56435ee77003]: Words in reg. 2(1) inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 22(2)

[^key-6dbbe3aacbdae7c87aa07ec53d124984]: Words in Sch. 2 para. 7 inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 16(5)(b)

[^key-c8b15fa44ce153d7311acf8e32ba4b96]: Words in Sch. 2 para. 7 inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 22(5)(b)

[^key-01335309953a4a4dbd18999f47a98baa]: Reg. 11 modified (1.9.2013) by 1996 c. 18, s. 205A(3)(a) (as inserted by Growth and Infrastructure Act 2013 (c. 27), ss. 31(1), 35(1); S.I. 2013/1766, art. 2)

[^key-5188979c4d9f6119978d546d256b8446]: Reg. 18(1)(b) substituted (1.12.2014) by The Maternity and Parental Leave etc. (Amendment) Regulations 2014 (S.I. 2014/3221), regs. 1(2), 5

[^key-a68c238af18489cab7496cdafb5d0d1a]: Reg. 13(1A) omitted (5.4.2015) by virtue of The Maternity and Parental Leave etc. (Amendment) Regulations 2014 (S.I. 2014/3221), regs. 1(3), 3

[^key-58edfe73b43c27ac92b3b7ec080236da]: Reg. 15 substituted (5.4.2015) by The Maternity and Parental Leave etc. (Amendment) Regulations 2014 (S.I. 2014/3221), regs. 1(3), 4

[^key-511ce41cd1aad6f91383d33d056caf4e]: Sch. 2 para. 2(c) omitted (5.4.2015) by virtue of The Maternity and Parental Leave etc. (Amendment) Regulations 2014 (S.I. 2014/3221), regs. 1(3), 6(b)

[^key-1932bfe6c9090546a243e41dd9b219a6]: Word in Sch. 2 para. 2(b) omitted (5.4.2015) by virtue of The Maternity and Parental Leave etc. (Amendment) Regulations 2014 (S.I. 2014/3221), regs. 1(3), 6(a)

[^key-d4c3d810ad997d816dd9de9e6042aa71]: Words in reg. 10 heading substituted (6.4.2024) by The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 (S.I. 2024/264), regs. 1(2), 4(a) (with reg. 3(1)(2))

[^key-0d36f13ad0653958f8a6b7efdb5feb24]: Reg. 10(1)-(1E) substituted for reg. 10(1) (6.4.2024) by The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 (S.I. 2024/264), regs. 1(2), 4(b) (with reg. 3(1)(2))

[^key-80fafc0adbcb3f2c014ad2d3952e1f72]: Words in reg. 20 substituted (6.4.2025) by The Neonatal Care Leave and Miscellaneous Amendments Regulations 2025 (S.I. 2025/375), regs. 1(2), 21 (with reg. 2(6))

[^key-03f0f95a7113367c774c854d887c00aa]: Reg. 13(1)(a) omitted (18.2.2026 for specified purposes) by virtue of The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (S.I. 2026/15), regs. 1(2)(3), 4(2)

[^M_F_ada7bba4-c42b-4e27-8f5b-2d6ce172c022]: Words in reg. 13(1)(a) inserted (10.1.2002) by The Maternity and Parental Leave (Amendment) Regulations 2001 (S.I. 2001/4010), regs. 1(1), 3(a)

[^key-17f6c2460a303bb67f35922444e05651]: Words in Sch. 2 para. 9(a) omitted (18.2.2026 for specified purposes) by virtue of The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (S.I. 2026/15), regs. 1(2)(3), 4(3)(a)

[^key-853f9b804ce99ee33c3e3bf20cd4659c]: Word in Sch. 2 para. 9(a) omitted (18.2.2026 for specified purposes) by virtue of The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (S.I. 2026/15), regs. 1(2)(3), 4(3)(b)

[^key-1a631dd2c665094bc5e6038ca09f581e]: Sch. 2 para. 9(b) omitted (18.2.2026 for specified purposes) by virtue of The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (S.I. 2026/15), regs. 1(2)(3), 4(3)(c)

2A

Where regulation 13(1A) applies, and the employee’s entitlement to parental leave arises out of a period of employment by a person other than the person who was his employer on 9th January 2002, the employee may not exercise the entitlement unless he has given his employer notice of that period of employment, and provided him with such evidence of it as the employer may reasonably require.

Application of terms and conditions during ordinary maternity leave and additional maternity leave

Right to return after maternity or parental leave

Incidents of the right to return

18A

• (1) An employee’s right to return under regulation 18(1) or (2) is a right to return—

• (a) with her seniority, pension rights and similar rights as they would have been if she had not been absent, and

• (b) on terms and conditions not less favourable than those which would have applied if she had not been absent.

• (2) In the case of accrual of rights under an employment-related benefit scheme within the meaning given by Schedule 5 to the Social Security Act 1989, nothing in paragraph (1)(a) concerning the treatment of additional maternity leave shall be taken to impose a requirement which exceeds the requirements of paragraphs 5 and 6 of that Schedule.

• (3) The provisions in paragraph (1) for an employee to be treated as if she had not been absent refer to her absence—

• (a) if her return is from an isolated period of statutory leave, since the beginning of that period;

• (b) if her return is from consecutive periods of statutory leave, since the beginning of the first such period.

Protection from detriment

Unfair dismissal

Contractual rights to maternity or parental leave

Calculation of a week’s pay

Entitlement to ordinary maternity leave and to additional maternity leave

Work during maternity leave period

12A

• (1) Subject to paragraph (5), an employee may carry out up to 10 days' work for her employer during her statutory maternity leave period without bringing her maternity leave to an end.

• (2) For the purposes of this regulation, any work carried out on any day shall constitute a day’s work.

• (3) Subject to paragraph (4), for the purposes of this regulation, work means any work done under the contract of employment and may include training or any activity undertaken for the purposes of keeping in touch with the workplace.

• (4) Reasonable contact from time to time between an employee and her employer which either party is entitled to make during a maternity leave period (for example to discuss an employee’s return to work) shall not bring that period to an end.

• (5) Paragraph (1) shall not apply in relation to any work carried out by the employee at any time from childbirth to the end of the period of two weeks which commences with the day on which childbirth occurs.

• (6) This regulation does not confer any right on an employer to require that any work be carried out during the statutory maternity leave period, nor any right on an employee to work during the statutory maternity leave period.

• (7) Any days' work carried out under this regulation shall not have the effect of extending the total duration of the statutory maternity leave period.

Review

16A

• (1) The Secretary of State must from time to time—

• (a) carry out a review of regulations 13 to 16 and Schedule 2,

• (b) set out the conclusions of the review in a report, and

• (c) publish the report.

• (2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Council Directive 2010/18/EU of 8 March 2010 implementing the revised framework agreement on parental leave (which is implemented by means of regulations 13 to 16 and Schedule 2) is implemented in other member States.

• (3) The report must in particular—

• (a) set out the objectives intended to be achieved by the regulatory system established by those regulations,

• (b) assess the extent to which those objectives are achieved, and

• (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

• (4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which this regulation comes into force.

• (5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Redundancy : pregnancy and maternity leave