Unfair family leave provisions
6.—(1) Where an employment-related benefit scheme includes any unfair family leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—
(a)the scheme shall be regarded to that extent as not complying with the principle of equal treatment; and
(b)subject to sub-paragraph (3), this Schedule shall apply accordingly.
(2) In this Schedule “unfair family leave provisions” means any provision—
(a)which relates to continuing membership of, or the accrual of rights under, the scheme during any period of paid family leave in the case of any member who is an employed earner and which treats such a member otherwise than in accordance with the normal leave requirement; or
(b)which requires the amount of any benefit payable under the scheme to or in respect of any such member to the extent that it falls to be determined by reference to earnings during a period which included a period of paid family leave, to be determined otherwise than in accordance with the normal leave requirement.
(3) In the case of any unfair family leave provision—
(a)the more favourable treatment required by paragraph 3(1) is treatment no less favourable than would be accorded to the members in accordance with the normal leave requirement;
(b)paragraph 3(2) does not authorise the making of any such election as is there mentioned; and
(c)paragraph 4(1)(a) does not authorise the making of any modification which does not satisfy the requirements of head (a),
but, in respect of a period of paid family leave, a member shall only be required to pay contributions on the amount of contractual remuneration actually paid to or for him in respect of that period.
(4) In this paragraph—
(a)“period of paid family leave” means any period—
(i)throughout which a member is absent from work for family reasons; and
(ii)for which the employer pays him any contractual remuneration;
(b)“the normal leave requirement” is the requirement that any period of paid family leave shall be treated as if it were a period throughout which the member in question works normally but only receives the remuneration in fact paid to him for that period.