- Latest available (Revised)
- Point in Time (04/05/2016)
- Original (As enacted)
Version Superseded: 18/01/2020
Point in time view as at 04/05/2016. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Employment Rights Act 1996, Section 80C is up to date with all changes known to be in force on or before 11 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1) Regulations under section 80A F2 ... 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 ... 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 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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[F8 ... as it applies to regulations under section 80A F9 ....]
(4) In the application of subsection (1)(c) to regulations under section 80B F10 ..., 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—
F11( za ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)maternity leave,
(b)adoption leave,
[F12(ba)shared parental leave,]
(c)parental leave, and
(d) leave under section 80A F13 ....
(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 [F14section 80A or 80B] may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.
(7)Regulations under [F15section 80A or 80B] 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) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(2); S.I. 2014/1640, art. 7(p) (with art. 16)
F3Words in s. 80C(2) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(3)(a); S.I. 2014/1640, art. 7(p) (with art. 16)
F4S. 80C(2)(za) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(3)(b); S.I. 2014/1640, art. 7(p) (with art. 16)
F5Word 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)
F6S. 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)
F7Words in s. 80C(3) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(4)(a); S.I. 2014/1640, art. 7(p) (with art. 16)
F8Words 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)
F9Words in s. 80C(3) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(4)(b); S.I. 2014/1640, art. 7(p) (with art. 16)
F10Words in s. 80C(4) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(5)(a); S.I. 2014/1640, art. 7(p) (with art. 16)
F11S. 80C(4)(za) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(5)(b); S.I. 2014/1640, art. 7(p) (with art. 16)
F12S. 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)
F13Words in s. 80C(4)(d) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(5)(d); S.I. 2014/1640, art. 7(p) (with art. 16)
F14Words in s. 80C(6) substituted (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(6); S.I. 2014/1640, art. 7(p) (with art. 16)
F15Words in s. 80C(7) substituted (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(7); S.I. 2014/1640, art. 7(p) (with art. 16)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: