PART 4PROVISIONS APPLICABLE TO BOTH TYPES OF ADDITIONAL PATERNITY LEAVE

Application of terms and conditions during additional paternity leave27

1

During the period of additional paternity leave, P—

a

is entitled to the benefit of all of the terms and conditions of employment which would have applied if P had not been absent, and

b

is bound by any obligations arising under those terms and conditions, subject only to the exception in section 80C(1)(b) of the 1996 Act20.

2

In paragraph (1)(a), “terms and conditions of employment” has the meaning given by section 80C(5) of the 1996 Act, and accordingly does not include terms and conditions about remuneration.

3

For the purposes of section 80C of the 1996 Act, only sums payable to P by way of wages or salary are to be treated as remuneration.

4

In the case of accrual of rights under an employment-related benefit scheme within the meaning given by paragraph 7 of Schedule 5 to the Social Security Act 198921, nothing in paragraph (1)(a) shall be taken to impose a requirement which exceeds the requirements of paragraph 5A of that Schedule.