SCHEDULES

SCHEDULE 9Work: exceptions

Part 3Other exceptions

Non-contractual payments to women on maternity leave

17

1

A person does not contravene section 39(1)(b) or (2), so far as relating to pregnancy and maternity, by depriving a woman who is on maternity leave of any benefit from the terms of her employment relating to pay.

2

The reference in sub-paragraph (1) to benefit from the terms of a woman's employment relating to pay does not include a reference to—

a

maternity-related pay (including maternity-related pay that is increase-related),

b

pay (including increase-related pay) in respect of times when she is not on maternity leave, or

c

pay by way of bonus in respect of times when she is on compulsory maternity leave.

3

For the purposes of sub-paragraph (2), pay is increase-related in so far as it is to be calculated by reference to increases in pay that the woman would have received had she not been on maternity leave.

4

A reference to terms of her employment is a reference to terms of her employment that are not in her contract of employment, her contract of apprenticeship or her contract to do work personally.

5

Pay” means benefits—

a

that consist of the payment of money to an employee by way of wages or salary, and

b

that are not benefits whose provision is regulated by the contract referred to in sub-paragraph (4).

6

Maternity-related pay” means pay to which a woman is entitled—

a

as a result of being pregnant, or

b

in respect of times when she is on maternity leave.