INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976

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INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 17



17.(1) The amount of maternity pay to which an employee is entitled as
respects any week shall be 9/10ths of a week's pay reduced by the amount of
maternity allowance payable for that week under Part I of Schedule 4 to the
Social Security (Northern Ireland) Act 1975 whether or not the employee in
question is entitled to the whole or any part of that allowance.

(2) Maternity pay shall accrue due to an employee from day to day and in
calculating the amount of maternity pay payable for any day

(a)there shall be disregarded Sunday or such other day in each week as may be
prescribed in relation to that employee under section 22(10) of the Social
Security (Northern Ireland) Act 1975 for the purpose of calculating the daily
rate of maternity allowance under that Act; and

(b)the amount payable for any other day shall be taken as 1/6th of the amount
of the maternity pay for the week in which the day falls.

(3) Subject to paragraph (4), a right to maternity pay shall not affect any
right of an employee in relation to remuneration under any contract of
employment (hereafter in this Article referred to as "contractual
remuneration").

(4) Any contractual remuneration paid to an employee in respect of a day
within a payment period shall go towards discharging any liability of the
employer to pay maternity pay in respect of that day, and conversely any
maternity pay paid in respect of a day shall go towards discharging any
liability of the employer to pay contractual remuneration in respect of that
day.

(5) For the purposes of Part II of Schedule 2 to the No.1 Order as it applies
for the calculation of a week's pay for the purposes of this Article, the
calculation date is the last day on which the employee worked under the
contract of employment in force immediately before the beginning of her
absence.

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Northern Irish Legislation

INDUSTRIAL RELATIONS (NO.2) (NORTHERN IRELAND) ORDER 1976 - SECT 17