E27.23Despite E27.22, where an employee varies their ordinary hours of work, either from part-time to

Despite E27.22, where an employee varies their ordinary hours of work, either from part-time to full-time, from part-time to different part-time, or from full-time to part-time, during the 12- month period directly preceding surrogacy leave, the rate of payment for the paid component of their surrogacy leave, which will be capped at full-time rates, will be calculated by using the average of their ordinary hours of work, excluding any periods of leave without pay, for the 12- month period immediately before the period of surrogacy leave commences.