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Version Superseded: 30/06/2014
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Employment Rights Act 1996, Section 80C is up to date with all changes known to be in force on or before 08 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Regulations under section 80A [F2or 80AA] shall provide—
(a)that an employee who is absent on leave under that section 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 section 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 subsection (1) of that section), and
(c)that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations, subject to section 80D(1).
(2)The reference in subsection (1)(c) to absence on leave under section 80A [F3or 80AA] includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—
[F4(za)leave under the other section,]
(a)maternity leave,
(b)adoption leave, and
(c)parental leave.
(3)Subsection (1) shall apply to regulations under section 80B F5... [F5or 80BB as it applies to regulations under section 80A or 80AA.]
(4)In the application of subsection (1)(c) to regulations under section 80B [F6or 80BB], the reference to absence on leave under that section includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—
[F7(za)leave under the other section,]
(a)maternity leave,
(b)adoption leave,
(c)parental leave, and
(d)leave under section 80A [F8or 80AA].
(5) In subsection (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 [F9any of sections 80A to 80BB] may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.
(7)Regulations under [F9any of sections 80A to 80BB] may make provision, in relation to the right to return mentioned in subsection (1)(c), about—
(a) seniority, pension rights and similar rights;
(b)terms and conditions of employment on return.]
Textual Amendments
F1Pt. 8 Ch. 3 inserted (8.12.2002) by Employment Act 2002 (c. 22), s. 1; S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2
F2Words in s. 80C(1) inserted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 5(2), 19; S.I. 2010/495, art. 3(a)
F3Words in s. 80C(2) inserted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 5(3)(a), 19; S.I. 2010/495, art. 3(a)
F4S. 80C(2)(za) inserted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 5(3)(b), 19; S.I. 2010/495, art. 3(a)
F5Words in s. 80C(3) substituted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 5(4), 19; S.I. 2010/495, art. 3(a)
F6Words in s. 80C(4) inserted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 5(5)(a), 19; S.I. 2010/495, art. 3(a)
F7S. 80C(4)(za) inserted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 5(5)(b), 19; S.I. 2010/495, art. 3(a)
F8Word in s. 80C(4)(d) inserted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 5(5)(c), 19; S.I. 2010/495, art. 3(a)
F9Words in s. 80C(6)(7) substituted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 5(6), 19; S.I. 2010/495, art. 3(a)
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