F4PART IX

Annotations:
Amendments (Textual)

F3CHAPTER IIIPATERNITY LEAVE

Annotations:
Amendments (Textual)

Rights during and after paternity leave112C

1

Regulations under Article 112A F11... shall provide—

a

that an employee who is absent on leave under that Article is entitled, for such purposes and to such extent as F5may be specified , to the benefit of the terms and conditions of employment which would have applied if he had not been absent;

b

that an employee who is absent on leave under that Article is bound, for such purposes and to such extent as F6may be specified , by obligations arising under those terms and conditions (except in so far as they are inconsistent with paragraph (1) of that Article), and

c

that an employee who is absent, on leave under that Article is entitled to return from leave to a job of a kind F7that may be specified , subject to Article 112D(1).

2

The reference in paragraph (1)(c) to absence on leave under Article 112A F12... includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that Article and partly to any one or more of the following—

F13za

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a

maternity leave,

b

adoption leave, F8...

F9ba

shared parental leave

F20bb

parental bereavement leave,, and

c

parental leave.

3

Paragraph (1) shall apply to regulations under Article 112B F1F14or 112BAA as it applies to regulations under Article 112A .

4

In the application of paragraph (1)(c) to regulations under Article l12B F2or F15112BAA , the reference to absence on leave under that Article includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that Article and partly to anyone or more of the following—

F16za

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a

maternity leave,

b

adoption leave,

F10ba

shared parental leave,

F21bb

parental bereavement leave,

c

parental leave, and

d

leave under Article 112A F17... .

5

In paragraph (1)(a), “terms and conditions of employment”

a

includes matters connected with an employee's employment whether or not they arise under his contract of employment, but

b

does not include terms and conditions about remuneration.

6

Regulations under F18Article 112A or 112B may specify matters which are, or are not, to be treated as remuneration for the purposes of this Article.

7

Regulations under F19Article 112A or 112B may make provision, in relation to the right to return mentioned in paragraph (1)(c), about—

a

seniority, pension rights and similar rights;

b

terms and conditions of employment on return.