F2PART IX

Annotations:
Amendments (Textual)

CHAPTER IIPARENTAL LEAVE

Special cases110

1

Regulations under Article 108 may make provision—

a

about redundancy during a period of parental leave;

b

about dismissal (other than by reason of redundancy) during a period of parental leave.

2

Provision by virtue of paragraph (1) may include—

a

provision requiring an employer to offer alternative employment;

b

provision for the consequences of failure to comply with the regulations (which may include provision for a dismissal to be treated as unfair for the purposes of Part XI).

3

Regulations under Article 108 may provide for an employee to be entitled to choose to exercise all or part of his entitlement to parental leave—

a

by varying the terms of his contract of employment as to hours of work, or

b

by varying his normal working practice as to hours of work,

in a way specified in or permitted by the regulations for a period specified in the regulations.

4

Provision by virtue of paragraph (3)—

a

may restrict an entitlement to specified circumstances;

b

may make an entitlement subject to specified conditions (which may include conditions relating to obtaining the employer's consent);

c

may include consequential provision.

5

Regulations under Article 108 may make provision permitting all or part of an employee's entitlement to parental leave in respect of a child to be transferred to another employee in specified circumstances.

6

The reference in Article 109(1)(c) to absence on parental leave includes, where appropriate, a reference to a continuous period of absence attributable partlyF1 to parental leave and partly to—

a

maternity leave, or

b

adoption leave,

or to both.

7

Regulations under Article 108 may provide for specified provisions of the regulations not to apply in relation to an employee if any provision of his contract of employment—

a

confers an entitlement to absence from work for the purpose of caring for a child, and

b

incorporates or operates by reference to all or part of a collective agreement, or workforce agreement, of a kind specified in the regulations.