40.—(1) Where an employee returns to work after a period of shared parental leave which, when added to any other period of relevant statutory leave (see paragraph (3)) taken by the employee in relation to C, means that the total amount of relevant statutory leave taken by the employee in relation to C is 26 weeks or less, the employee is entitled to return from leave to the job in which the employee was employed before the absence, except where paragraph (2)(b) applies.
(2) Where an employee returns to work after a period of shared parental leave which—
(a)when added to any other period of relevant statutory leave taken by the employee in relation to C, means that the total amount of relevant statutory leave taken by the employee in relation to C is more than 26 weeks; or
(b)was the last of two or more consecutive periods of relevant statutory leave which included a period of parental leave of more than four weeks, a period of additional maternity leave, or a period of additional adoption leave,
the employee is entitled to return from leave to the job in which the employee was employed before the absence, or, if it is not reasonably practicable for the employer to permit the employee to return to that job, to another job which is both suitable for the employee and appropriate for the employee to do in the circumstances.
(3) In this regulation—
“additional adoption leave” means leave under Article 107B of the 1996 Order(1);
“additional maternity leave” means leave under Article 105 of the 1996 Order(2);
“parental leave” means leave under Article 108 of the 1996 Order(3);
“relevant statutory leave” means leave provided for in Part 9 of the 1996 Order(4) except any period of parental leave.
(4) This regulation does not apply where it is not practicable by reason of redundancy for the employer to continue to employ the employee under the existing contract of employment.
Article 107B was inserted by S.I. 2002/2836 (N.I. 2)), Article 3, and amended by 2015 c. 1 (N.I.), section 3(5).
Article 105 was substituted by S.I. 1999/2790 (N.I. 9)), Schedule 4, Part 1 and amended by S.I. 2002/2836 (N.I. 2)), Article 14; S.I. 2006/1947 (N.I. 16)), Schedule 1, paragraph 31; and 2015 c. 1 (N.I.), section 3(3).
Article 108 was substituted by S.I. 1999/2790 (N.I. 9)), Schedule 4, Part 1, and amended by 2015 c. 1 (N.I.), Schedule 1, paragraph 4(7).
Part 9 (maternity and parental leave) was substituted by S.I. 1999/2790 (N.I. 9)), Article 9 and Schedule 4, Part 1. Articles 107A to 107D (adoption leave), and 112A to 112E (paternity leave) were inserted into Part 9, respectively, by S.I. 2002/2836 (N.I. 2)), Articles 3 and 4.