PART IV PROVISIONS APPLICABLE IN RELATION TO MORE THAN ONE KIND OF ABSENCE

F1Right to return after maternity or parental leave18

1

An employee who returns to work after a period of ordinary maternity leave, or a period of parental leave of four weeks or less, which was—

a

an isolated period of leave, or

b

the last of two or more consecutive periods of statutory leave which did not include any period of additional maternity leave or additional adoption leave, or a period of parental leave of more than four weeks,

is entitled to return to the job in which she was employed before her absence.

2

An employee who returns to work after—

a

a period of additional maternity leave, or a period of parental leave of more than four weeks, whether or not preceded by another period of statutory leave, or

b

a period of ordinary maternity leave, or a period of parental leave of four weeks or less, not falling within the description in paragraph (1)(a) or (b) above,

is entitled to return from leave to the job in which she was employed before her absence or, if it is not reasonably practicable for the employer to permit her to return to that job, to another job which is both suitable for her and appropriate for her to do in the circumstances.

3

The reference in paragraphs (1) and (2) to the job in which an employee was employed before her absence is a reference to the job in which she was employed—

a

if her return is from an isolated period of statutory leave, immediately before that period began;

b

if her return is from consecutive periods of statutory leave, immediately before the first such period.

4

This regulation does not apply where regulation 10 applies.