The Employment Rights (Northern Ireland) Order 1996

[F1[F2Rights during and after paternity leaveN.I.

112C.—(1) Regulations under Article 112A [F3or 112AA] shall provide—

(a)that an employee who is absent on leave under that Article 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 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 the regulations may prescribe, 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 prescribed by regulations, subject to Article 112D(1).

(2) The reference in paragraph (1)(c) to absence on leave under Article 112A [F4or 112AA] 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—

[F5(za)leave under the other Article,]

(a)maternity leave,

(b)adoption leave, and

(c)parental leave.

(3) Paragraph (1) shall apply to regulations under Article 112B [F6or 112BB as it applies to regulations under Article 112A or 112AA.]

(4) In the application of paragraph (1)(c) to regulations under Article l12B [F7or 112BB] , 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—

[F8(za)leave under the other Article,]

(a)maternity leave,

(b)adoption leave,

(c)parental leave, and

(d)leave under Article 112A [F9or 112AA] .

(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 [F10any of Articles 112A to 112BB] may specify matters which are, or are not, to be treated as remuneration for the purposes of this Article.

(7) Regulations under [F11any of Articles 112A to 112BB] 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.]]