The Additional Paternity Leave Regulations 2010

Right to return after additional paternity leave

31.—(1) In a case where P returns to work after a period of additional paternity leave, lasting no longer than 26 weeks, which was—

(a) an isolated period of leave, or

(b) the last of two or more consecutive periods of statutory leave, which did not include any period of additional maternity leave or additional adoption leave or a period of parental leave of more than four weeks,

P is entitled to return from leave to the job in which P was employed before P’s absence.

(2) In a case where P returns to work after a period of additional paternity leave not falling within the description in paragraph (1)(a) or (b) above, P is entitled to return from leave to the job in which P was employed before P’s absence, or, if it is not reasonably practicable for E to permit P to return to that job, to another job which is both suitable for P and appropriate for P to do in the circumstances.

(3) The reference in paragraphs (1) and (2) to the job in which P was employed before P’s absence is a reference to the job in which P was employed—

(a) if P’s return is from an isolated period of additional paternity leave, immediately before that period began,

(b) if P’s return is from consecutive periods of statutory leave, immediately before the first such period.

(4) This regulation does not apply where regulation 28 applies.