(a) | in the regulation heading, replace “or 12AD(1) or (3) of Act” with “, 12AD(1) or (3), or 12DB(4) or (6) of Act in respect of female employee”; |
(b) | in paragraph (1), replace “or 12AD(1)” with “, 12AD(1) or 12DB(4)”; |
(c) | in paragraph (1)(a), replace “or 12AA(1)” with “, 12AA(1) or 12DA(2)”; |
(d) | in paragraph (3)(a), delete “or” at the end; |
(e) | in paragraph (3)(b), replace the full‑stop at the end with “; or”; |
(f) | in paragraph (3), after sub‑paragraph (b), insert —“(c) | the part of the period of a female employee’s absence from work mentioned in section 12DA(2)(a) of the Act for which the employer of the female employee has made payment to the female employee under section 12DA(2)(b) of the Act, and is entitled to claim reimbursement from the Government for the amount so paid.”; |
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(g) | in paragraph (4), replace “or 12AD(2)” with “, 12AD(2) or 12DB(5)”; |
(h) | in paragraph (4)(d)(xi), delete “or” at the end; |
(i) | in paragraph (4)(d)(xii), replace the full‑stop at the end with “; or”; |
(j) | in paragraph (4)(d), after sub‑paragraph (xii), insert —“(xiii) | where section 12DA(2) of the Act applies — the number of work days on which the female employee absented herself from work under section 12DA(2)(a)(i) or (ii) of the Act, for which she has received payment from her employer under section 12DA(2)(b) of the Act.”; |
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(k) | replace paragraph (5) with —“(5) The amount of reimbursement that an employer is entitled to claim from the Government under paragraph (4) for each work day that the female employee has absented herself from work must not exceed —(a) | where paragraph (4)(d)(i) to (xii) applies — an amount that is calculated in accordance with the formula where C1 is 4 times the female employee’s weekly index; or | (b) | where paragraph (4)(d)(xiii) applies — an amount that is calculated in accordance with the formula where C2 is the female employee’s weekly index.”; |
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(l) | in paragraph (6), replace “or 12AD(3)” with “, 12AD(3) or 12DB(6)”; |
(m) | in paragraph (6), replace “or 12AD(1)” with “, 12AD(1) or 12DB(4)”; |
(n) | in paragraph (6)(a)(ii), delete “or” at the end; |
(o) | in paragraph (6)(b)(ii), replace the comma at the end with “; or”; |
(p) | in paragraph (6), after sub‑paragraph (b), insert —“(c) | the claim concerns a female employee —(i) | in relation to whom the requirements of section 12DB(7) of the Act are satisfied; and | (ii) | who absented herself from work in the manner described under section 12DA(2)(a)(i) or (ii) of the Act, and was paid by her employer at her gross rate of pay in accordance with section 12DA(2)(b) of the Act, as if she were a female employee entitled to be so absent and paid under section 12DA(2) of the Act,”; |
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(q) | in paragraph (6), replace “or 12AD(2) of the Act is to be read as a reference to the limits mentioned in section 10(2A) or 12AD(3) of the Act” with “, 12AD(2) or 12DB(5) of the Act is to be read as a reference to the limits mentioned in section 10(2A), 12AD(3) or 12DB(6) of the Act, respectively”; |
(r) | in paragraph (7), replace “If paragraph (6)(a)(i) is satisfied but not paragraph (6)(a)(ii), or paragraph (6)(b)(i) is satisfied but not paragraph (6)(b)(ii), as the case may be —” with —(a) | paragraph (6)(a)(i) is satisfied but not paragraph (6)(a)(ii); | (b) | paragraph (6)(b)(i) is satisfied but not paragraph (6)(b)(ii); or | (c) | paragraph (6)(c)(i) is satisfied but not paragraph (6)(c)(ii), |
as the case may be, then —”; |
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(s) | in paragraph (7), reletter the existing sub‑paragraphs (a) and (b) as sub‑paragraphs (d) and (e), respectively; and |
(t) | in paragraph (7)(d) and (e) (as relettered by paragraph (s)), replace “or 12AD(3)” wherever it appears with “, 12AD(3) or 12DB(6)”. |