Right to return after parental bereavement leave: supplementary
11.—(1) The right to return under regulation 10 is a right to return—
(a)with the employee’s seniority, pension and similar rights as they would have been if the employee had not been absent, and
(b)on terms and conditions not less favourable than those which would have applied if the employee had not been absent.
(2) 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 1989, nothing in paragraph (1)(a) above imposes a requirement which exceeds the requirements of paragraphs 5A to 6 of that Schedule(1).
Paragraphs 5A and 5B were inserted by the Pensions Act 2004 (c. 35), section 265(1), Paragraph 5C was inserted by the Children and Families Act 2014 (c. 6) Schedule 7, paragraphs 1 and 4. Paragraph 5D was inserted by the Parental Bereavement (Leave and Pay) Act 2018, Schedule, Part 3, paragraph 7.