- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/01/2006)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 09/09/2010
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The Employment Rights (Northern Ireland) Order 1996, Section 112C is up to date with all changes known to be in force on or before 10 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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112C.—(1) Regulations under Article 112A shall provide—
(a)that an employee who is absent on leave under that Article is entitled, for such purposes and to such extent as the regulations may prescribe, 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 the regulations may prescribe, 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 prescribed by regulations, subject to Article 112D(1).
(2) The reference in paragraph (1)(c) to absence on leave under Article 112A 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—
(a)maternity leave,
(b)adoption leave, and
(c)parental leave.
(3) Paragraph (1) shall apply to regulations under Article 112B as it applies to regulations under Article 112A.
(4) In the application of paragraph (1)(c) to regulations under Article l12B, 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—
(a)maternity leave,
(b)adoption leave,
(c)parental leave, and
(d)leave under Article 112A.
(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 Article 112A or l12B may specify matters which are, or are not, to be treated as remuneration for the purposes of this Article.
(7) Regulations under 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.
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