PART 3TAKING PARENTAL BEREAVEMENT LEAVE

Protection from detriment I112

1

An employee is entitled under Article 70C33 of the 1996 Order not to be subjected to any detriment by any act, or any deliberate failure to act, by an employer because—

a

the employee took, sought to take, or made use of the benefits of, parental bereavement leave; or

b

the employer believed that the employee was likely to take parental bereavement leave.

2

For the purposes of paragraph (1)(a), an employee makes use of the benefits of parental bereavement leave if, during a period of parental bereavement leave, the employee benefits from any of the terms and conditions of employment preserved by regulation 9 during that period.

3

Paragraph (1) does not apply where the detriment in question amounts to a dismissal within the meaning of Part 11 of the 1996 Order.