27.—(1) An employee’s right to return under regulation 26 is to return—
[F1(a)with his seniority, pension rights and similar rights as they would have been if he had not been absent, and]
(b)on terms and conditions F2... not less favourable than those which would have been applied to him if he had not been absent.
[F3(2) In the case of accrual of rights under an employment-related benefit scheme within the meaning given by Schedule 5 to the Social Security Act 1989, nothing in paragraph (1)(a) concerning the treatment of additional adoption leave shall be taken to impose a requirement which exceeds the requirements of paragraphs 5, 5B and 6 of that Schedule .]
(3) The provisions [F4in paragraph (1)] for an employee to be treated as if he had not been absent refer to his absence—
(a)if his return is from an isolated period of ordinary adoption leave, since the beginning of that period;
(b)if his return is from consecutive periods of statutory leave, since the beginning of the first such period.
Textual Amendments
F1Reg. 27(1)(a) substituted (23.7.2008 with effect from 5.10.2008 in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008 (S.I. 2008/1966), regs. 1, 10(a)
F2Words in reg. 27(1)(b) omitted (6.4.2004) by virtue of The Paternity and Adoption Leave (Amendment) Regulations 2004 (S.I. 2004/923), regs. 1(1), 4
F3Reg. 27(2) substituted (23.7.2008 with effect from 5.10.2008 in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008 (S.I. 2008/1966), regs. 1, 10(b)
F4Words in reg. 27(3) substituted (23.7.2008 with effect from 5.10.2008 in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008 (S.I. 2008/1966), regs. 1, 10(c)
Commencement Information
I1Reg. 27 in force at 8.12.2002, see reg. 1