Employment Rights Act 1996

[F1 80C Rights during and after paternity leave E+W+S

(1) Regulations under section 80A [F2 or 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 [F3 or 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, F5 ...

[F6 (ba) shared parental leave, and]

(c) parental leave.

(3) Subsection (1) shall apply to regulations under section 80B [F7 or 80BB as it applies to regulations under section 80A or 80AA.]

(4) In the application of subsection (1)(c) to regulations under section 80B [F8 or 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—

[F9 (za) leave under the other section,]

(a) maternity leave,

(b) adoption leave,

[F10 (ba) shared parental leave,]

(c) parental leave, and

(d) leave under section 80A [F11 or 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 [F12 any 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 [F12 any 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

F1 Pt. 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

F2 Words 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)

F3 Words 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)

F4 S. 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)

F5 Word in s. 80C(2)(b) repealed (30.6.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(3)(c); S.I. 2014/1640, art. 3(2)(h)

F6 S. 80C(2)(ba) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(3)(d); S.I. 2014/1640, art. 3(2)(h)

F7 Words 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)

F8 Words 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)

F9 S. 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)

F10 S. 80C(4)(ba) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(5)(c); S.I. 2014/1640, art. 3(2)(h)

F11 Word 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)

F12 Words 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)