Textual Amendments
F1Pt. 8 (ss. 71-80) substituted for Pt. 8 (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. 1; S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. 2 (with transitional provisions in Sch. 3 para. 10)
Textual Amendments
F2Pt. 8 Ch. 1A inserted (8.12.2002) by Employment Act 2002 (c. 22), s. 3; S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2
(1)An employee who satisfies prescribed conditions may be absent from work at any time during an ordinary adoption leave period.
(2)An ordinary adoption leave period is a period calculated in accordance with regulations made by the Secretary of State.
[F3(2A)Regulations under subsection (2) may specify circumstances in which an employee may work for his employer during an ordinary adoption leave period without bringing the period to an end.]
(3)Subject to section 75C, an employee who exercises his right under subsection (1)—
(a)is entitled, for such purposes and to such extent as may be prescribed, to the benefit of the terms and conditions of employment which would have applied if he had not been absent,
(b)is bound, for such purposes and to such extent as may be prescribed, by any obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1)), and
(c)is entitled to return from leave to a job of a prescribed kind.
(4)In subsection (3)(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.
(5)In subsection (3)(c), the reference to return from leave includes, where appropriate, a reference to a continuous period of absence attributable partly to ordinary adoption leave and partly to maternity leave.
(6)The Secretary of State may make regulations specifying matters which are, or are not, to be treated as remuneration for the purposes of this section.
(7)The Secretary of State may make regulations making provision, in relation to the right to return under subsection (3)(c), about—
(a)seniority, pension rights and similar rights;
(b)terms and conditions of employment on return.]]
Textual Amendments
F3S. 75A(2A) inserted (27.6.2006 for certain purposes, otherwise 1.10.2006) by Work and Families Act 2006 (c. 18), ss. 11, 19, Sch. 1 para. 33; S.I. 2006/1682, art. 2(c), 3(c)(d)