PART 3TAKING PARENTAL BEREAVEMENT LEAVE

Application of terms and conditions during parental bereavement leave I19

1

An employee who takes parental bereavement leave, is, during any period of leave—

a

entitled to the benefit of all of the terms and conditions of employment which would have applied if the employee had not been absent; and

b

bound by any obligations arising under those terms and conditions, subject only to the exception in Article 112EB(1)(b) of the 1996 Order28.

2

In paragraph (1)(a), “terms and conditions of employment” has the meaning given by Article 112EB(2) of the 1996 Order, and accordingly does not include terms and conditions about remuneration.

3

For the purposes of Article 112EB of the 1996 Order, only sums payable to an employee by way of wages or salary are to be treated as remuneration.

4

In the case of accrual of rights under an employment-related benefit scheme within the meaning given by paragraph 7 of Schedule 5 to the Social Security (Northern Ireland) Order 198929, nothing in paragraph (1)(a) imposes a requirement which exceeds the requirements of paragraph 5D30 of that Schedule.