The Employment Rights (Northern Ireland) Order 1996

[F1 [F2 Rights during and after paternity leave N.I.

112C.— (1) Regulations under Article 112A F3 ... shall provide—

(a) that an employee who is absent on leave under that Article is entitled, for such purposes and to such extent as [F4 may 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 [F5 may 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 [F6 that may be specified] , subject to Article 112D(1).

(2) The reference in paragraph (1)(c) to absence on leave under Article 112A F7 ... 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—

F8 (za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a) maternity leave,

(b) adoption leave, F9 ...

[F10 (ba) shared parental leave]

[F11 (bb) parental bereavement leave,], and

(c) parental leave.

(3) Paragraph (1) shall apply to regulations under Article 112B [F12 [F13 or 112BAA as it applies to regulations under Article 112A] .]

(4) In the application of paragraph (1)(c) to regulations under Article l12B [F14 or [F15 112BAA]] , 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—

F16 (za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a) maternity leave,

(b) adoption leave,

[F17 (ba) shared parental leave,]

[F18 (bb) parental bereavement leave,]

(c) parental leave, and

(d) leave under Article 112A F19 ... .

(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 [F20 Article 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 [F21 Article 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.]]

F1 1999 NI 9

F2 2002 NI 2

F3 Words in art. 112C(1) repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(a), Sch. 2; S.R. 2015/86, art. 4(2)(c)(3) (with art. 7(2))

F4 Words in art. 112C(1)(a) substituted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(b); S.R. 2015/86, art. 3(2)(d)

F5 Words in art. 112C(1)(b) substituted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(b); S.R. 2015/86, art. 3(2)(d)

F6 Words in art. 112C(1)(c) substituted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(c); S.R. 2015/86, art. 3(2)(d)

F7 Words in art. 112C(2) repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(d)(i), Sch. 2; S.R. 2015/86, art. 4(2)(c)(3) (with art. 7(2))

F8 Art. 112C(2)(za) repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(d)(ii), Sch. 2; S.R. 2015/86, art. 4(2)(c)(3) (with art. 7(2))

F9 Word in art. 112C(2) repealed (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(d)(iii), Sch. 2; S.R. 2015/86, art. 3(2)(d)(3)

F10 Art. 112C(2)(ba) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(d)(iv); S.R. 2015/86, art. 3(2)(d)

F11 Art. 112C(2)(bb) inserted (23.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), ss. 4, 5(5)(6), Sch. Pt. 1 para. 20(2); S.R. 2022/136, arts. 2, 3

F12 Words in art. 112C(3) substituted (9.9.2010) by Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)), arts. 1(3), 7(4); S.R. 2010/295, art. 2(a)

F13 Words in art. 112C(3) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(e); S.R. 2015/86, art. 4(2)(c) (with art. 7(2))

F14 Words in art. 112C(4) inserted (9.9.2010) by Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)), arts. 1(3), 7(5)(a); S.R. 2010/295, art. 2(a)

F15 Word in art. 112C(4) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(f)(i); S.R. 2015/86, art. 4(2)(c) (with art. 7(2))

F16 Art. 112C(4)(za) repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(f)(ii), Sch. 2; S.R. 2015/86, art. 4(2)(c)(3) (with art. 7(2))

F17 Art. 112C(4)(ba) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(f)(iii); S.R. 2015/86, art. 3(2)(d)

F18 Art. 112C(4)(bb) inserted (23.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), ss. 4, 5(5)(6), Sch. Pt. 1 para. 20(3); S.R. 2022/136, arts. 2, 3

F19 Words in art. 112C(4)(d) repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(f)(iv), Sch. 2; S.R. 2015/86, art. 4(2)(c)(3) (with art. 7(2))

F20 Words in art. 112C(6) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(g); S.R. 2015/86, art. 4(2)(c) (with art. 7(2))

F21 Words in art. 112C(7) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(h); S.R. 2015/86, art. 4(2)(c) (with art. 7(2))