On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 31/07/2009.
76.
—(1) Subject to this section, every female employee shall be entitled to absent herself from work —
(a)
during —
(i)
the period of 4 weeks immediately before her confinement; and
(ii)
the period of 8 weeks immediately after her confinement;
(b)
during a period of 12 weeks, as agreed to by her and her employer, commencing —
(i)
not earlier than 28 days immediately preceding the day of her confinement; and
(ii)
not later than the day of her confinement; or
(c)
during —
(i)
a period of 8 weeks, as agreed to by her and her employer, commencing —
(A)
not earlier than 28 days immediately preceding the day of her confinement; and
(B)
not later than the day of her confinement; and
(ii)
one or more further periods, not exceeding 24 days in the aggregate, as agreed to by her and her employer, which shall be within the period of 12 months commencing on the day of her confinement.
[41/2004; 28/2008]
(1A) Subject to this section, every female employee shall be entitled to receive payment from her employer at her gross rate of pay for any of the following periods (referred to in this Part as the benefit period):
(a)
where subsection (1)(a) applies, the period of 4 weeks referred to in subsection (1)(a)(i) and the first 4 weeks of the period referred to in subsection (1)(a)(ii);
(b)
where subsection (1)(b) applies, the first 8 weeks of the period referred to in subsection (1)(b); or
(c)
where subsection (1)(c) applies, the period of 8 weeks referred to in subsection (1)(c)(i).
[41/2004]
(2) A female employee who delivers a child before 31st October 2008, and whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is before 31st October 2008, shall not be entitled to any pay during the benefit period if she has served her employer for less than 180 days immediately preceding the day of her confinement.
[28/2008]
(2A) A female employee who delivers a child on or after 31st October 2008, or who delivers a child before 31st October 2008 but whose estimated delivery date for her confinement in respect of that child (as certified by a medical practitioner) is on or after 31st October 2008, shall not be entitled to any pay during the benefit period if she has served her employer for less than 90 days immediately preceding the day of her confinement.
[28/2008]
(3) Where a female employee has worked in her employment for any day during the benefit period before her confinement, she shall be entitled to receive in addition to her gross rate of pay for that day an amount that is equivalent to a day’s pay at the gross rate of pay or to absent herself from work on another day at the end of the benefit period.
[36/95]
(4) Subject to any collective agreement or award to the contrary, a female employee shall not be entitled to any payment under subsection (1A) for any confinement if, at the time of the confinement —
(a)
she has 2 or more living children; and
(b)
those children were born during more than one previous confinement.
[41/2004; 32/2008]
(5) Subsection (4) shall not apply to such class or classes of employees as the Minister may, from time to time by notification in the Gazette, specify.
(6) Where the employment of a female employee is terminated (whether by resignation or dismissal, upon the completion of her contract of service, or for any other reason) before she has exercised, wholly or partly, her entitlement to absent herself from work during a period referred to in subsection (1)(c)(ii), she shall forfeit that entitlement (or the balance thereof) upon the termination of her employment.
[41/2004]