F2Part VIII
Chapter II PARENTAL LEAVE
78 Special cases.
1
Regulations under section 76 may make provision—
a
about redundancy during a period of parental leave;
b
about dismissal (other than by reason of redundancy) during a period of parental leave.
2
Provision by virtue of subsection (1) may include—
a
provision requiring an employer to offer alternative employment;
b
provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part X).
3
Regulations under section 76 may provide for an employee to be entitled to choose to exercise all or part of his entitlement to parental leave—
a
by varying the terms of his contract of employment as to hours of work, or
b
by varying his normal working practice as to hours of work,
in a way specified in or permitted by the regulations for a period specified in the regulations.
4
Provision by virtue of subsection (3)—
a
may restrict an entitlement to specified circumstances;
b
may make an entitlement subject to specified conditions (which may include conditions relating to obtaining the employer’s consent);
c
may include consequential and incidental provision.
5
Regulations under section 76 may make provision permitting all or part of an employee’s entitlement to parental leave in respect of a child to be transferred to another employee in specified circumstances.
6
The reference in section 77(1)(c) to absence on parental leave includes, where appropriate, a reference to a continuous period of absence attributable partly F1 to parental leave and partly to—
a
maternity leave, or
b
adoption leave,
or to both.
7
Regulations under section 76 may provide for specified provisions of the regulations not to apply in relation to an employee if any provision of his contract of employment—
a
confers an entitlement to absence from work for the purpose of caring for a child, and
b
incorporates or operates by reference to all or part of a collective agreement, or workforce agreement, of a kind specified in the regulations.
Pt. 8 (ss. 71-80) substituted for Pt. 8 (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. 1; S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. 2 (with transitional provisions in Sch. 3 para. 10)