Employment Rights Act 1996

[F1 [F2 75I Rights during and after shared parental leave E+W+S

(1) Regulations under section 75E or 75G are to provide—

(a) that an employee who is absent on leave under that section 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 the employee had not been absent;

(b) that an employee who is absent on leave under that section 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 section 75E(1) or (4) or 75G(1) or (4), as the case may be; and

(c) that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by the regulations, subject to section 75J(1).

(2) In subsection (1)(a) “terms and conditions of employment”—

(a) includes matters connected with an employee's employment whether or not they arise under the employee's contract of employment, but

(b) does not include terms and conditions about remuneration.

(3) The reference in subsection (1)(c) to absence on leave under section 75E or 75G includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under one of those sections and partly to any one or more of the following—

(a) leave under the other of those sections,

(b) maternity leave,

(c) paternity leave,

(d) adoption leave, F3 ...

(e) parental leave[F4 , F5 ...

(f) parental bereavement leave.] [F6 , and

(g) neonatal care leave.]

(4) Regulations under section 75E or 75G may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.

(5) Regulations under section 75E or 75G may make provision, in relation to the right to return mentioned in subsection (1)(c), about—

(a) seniority, pension rights and similar rights;

(b) terms and conditions of employment on return.]]

Textual Amendments

F1 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)

F2 Pt. 8 Ch. 1B (ss. 75E-75K) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 117(1), 139(6); S.I. 2014/1640, art. 3(1)(a)

F3 Word in s. 75I(3)(d) omitted (18.1.2020) by virtue of Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 23(a); S.I. 2020/45, reg. 2

F4 S. 75I(3)(f) and preceding word inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 23(b); S.I. 2020/45, reg. 2

F5 Word in s. 75I(3)(e) omitted (17.1.2025) by virtue of Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 23(a); S.I. 2025/41, reg. 2

F6 S. 75I(3)(g) and word inserted (17.1.2025) by Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 23(b); S.I. 2025/41, reg. 2