F2Part VIII
F3Chapter 3Paternity leave
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
80C Rights during and after paternity leave
1
Regulations under section 80A F7 ... 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 F8 ... 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a
maternity leave,
b
adoption leave, F6 ...
F4ba
shared parental leave,
F17bb
parental bereavement leave, and
c
parental leave.
3
4
In the application of subsection (1)(c) to regulations under section 80B F12 ..., 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—
F14 za
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a
maternity leave,
b
adoption leave,
F5ba
shared parental leave,
F18bb
parental bereavement 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 F15section 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 F16section 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.
Pt. 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)