Correspondence

Annex L

Published 8 January 2021

Regulation 29

Maternity pay

The following determination “Annex L - Maternity Pay” is made by the Secretary of State under regulation 29 of the Police Regulations 2003 (S.I. 2003/527), following consultation in accordance with regulation 46 of those Regulations. This determination is made on 8 November 2020 and replaces the determination “Annex L – Maternity Pay” which was in force immediately before that date. This determination comes into force on 4 January 2021.

1) Subject to the following provisions of this determination, a female member of a police force who satisfies the conditions in paragraph (2) is entitled to be paid as respects the first 26 weeks of any period or periods of maternity leave in any one maternity period (as defined in the determination on maternity leave made under regulation 33 (Annex R)) taken in accordance with that determination, but is not entitled to be paid thereafter.

2) The conditions referred to in paragraph (1) are that:

a) at the beginning of the week in which the expected date of birth (as defined by the determination on maternity leave made under regulation 33 (Annex R)) occurs, the female member of a police force will have served continuously for a period of not less than 63 weeks in that or any other police force; and

b) on the date (“the relevant date”) 15 weeks before the expected date of birth (as so defined) she either:

i. remains pregnant, or

ii. has given birth prematurely to a baby who is alive on the relevant date.

3) In this determination “week” means a period of seven days beginning with such day as is fixed by the chief officer.

4) For part-time members

a) A part-time female member of a police force who satisfies the conditions in paragraph (2) is to be treated for the purposes of regulation 24(1) and any determination thereunder as having been on duty for the number of hours determined by multiplying the number of her determined hours by the length in days of the paid leave period and dividing the result by the length in days of the relevant period.

b) For the purposes of paragraph (4)(a) the “determined hours” are the number of hours which the chief officer has determined under the determination under regulation 22(1)(a) (Annex E) as the member’s normal period of duty in a relevant period.

5) Subject to paragraph (8), the pay to which a female member of a police force is entitled under this determination is to be reduced, in respect of any week for which she receives statutory maternity pay, by an amount equal to the statutory maternity pay that she receives for that week.

6) For the purposes of paragraphs (5) and (8), “statutory maternity pay” means any payment made in accordance with Part XII of the Social Security Contributions and Benefits Act 1992 or any later enactment which replaces those provisions and is to the same or substantially similar effect.

7) A female member of a police force entitled to be paid as respects the first 26 weeks of any period or periods of maternity leave may elect to receive half pay in the 22nd to the 31st weeks of the period or periods, instead of receiving full pay in the 22nd to the 26th weeks.

8) Where a female member of a police force receives half pay in accordance with paragraph (7), the half pay to which the member is entitled is to be reduced, in respect of any week in which she receives statutory maternity pay, by an amount equal to half of the statutory maternity pay that she receives for that week.