Regulation 4

For the purposes of ascertaining whether an employee is entitled to payment from the employee’s employer under section 9(1), (1A) or (1B), 12AA(4), 12DA(2), 12E(2) or 12H(2) of the Act (called in this regulation any specified provision of the Act), the employer may require the employee to give, or provide access to, any information or document that is necessary to ascertain the employee’s entitlement to that payment.

If the employee fails to comply with any requirement imposed by the employer under paragraph (1), the employer may withhold or refuse to make payment to the employee at the employee’s gross rate of pay for the employee’s period of absence from work as provided under the Act.

The gross rate of pay that is payable to an employee for the employee’s period of absence from work under any specified provision of the Act (other than under section 9(1A) of the Act) includes allowances only if the allowances have been paid to the employee for a period of 3 or more months immediately before the start of that period of absence from work (whether that period of 3 or more months occurred before, on or after 1 April 2025).

The gross rate of pay that is payable to a female employee under section 9(1A) of the Act includes allowances only if the allowances have been paid to her for a period of 3 or more months immediately before the start of her period of absence from work under section 76(1) of the Employment Act 1968.