The Employment Rights (Northern Ireland) Order 1996

Changes over time for: Section 112C

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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 19 November 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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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

Pt. 7A inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 1
Ch. 5 inserted by 2022 c. 27 (N.I.) s. 1(1)
art. 21(4B) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 2
art. 23(1)(zza) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 3
art. 70F inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 4
art. 70G inserted by 2020 c. 7 Sch. 7 para. 20
art. 71(1C) inserted by 2020 c. 7 Sch. 7 para. 21(a)
art. 72(8) inserted by 2020 c. 7 Sch. 7 para. 22(b)
art. 85ZS(3)(a)-(c) substituted for words by 2022 c. 18 (N.I.) Sch. 3 para. 47(4)
art. 95F(5A) inserted by 2016 c. 15 (N.I.) Sch. 2 para. 32
art. 135E inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 6
art. 135G inserted by 2020 c. 7 Sch. 7 para. 25
art. 137(6D) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 7
art. 137(7N) inserted by 2020 c. 7 Sch. 7 para. 26(b)
art. 140(3)(fj) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 8
art. 140(3)(fl) inserted by 2020 c. 7 Sch. 7 para. 27
art. 143(2)(ddd) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 9
art. 144(2)(ddd) inserted by 2011 c. 13 (N.I.) Sch. 3 Pt. 2 para. 10

[F1[F2Rights during and after paternity leaveN.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 [F4may 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 [F5may 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 [F6that 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[F13or 112BAA as it applies to regulations under Article 112A] .]

(4) In the application of paragraph (1)(c) to regulations under Article l12B [F14or [F15112BAA]] , 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 [F20Article 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 [F21Article 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.]]

F11999 NI 9

F22002 NI 2

F3Words 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))

F4Words 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)

F5Words 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)

F6Words 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)

F7Words 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))

F8Art. 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))

F9Word 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)