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

F1Incidents of the right to return18A

1

An employee’s right to return under regulation 18(1) or (2) is a right to return—

F2a

with her seniority, pension rights and similar rights as they would have been if she had not been absent, and

b

on terms and conditions not less favourable than those which would have applied if she had not been absent.

F32

In the case of accrual of rights under an employment-related benefit scheme within the meaning given by Schedule 5 to the Social Security Act 1989, nothing in paragraph (1)(a) concerning the treatment of additional maternity leave shall be taken to impose a requirement which exceeds the requirements of paragraphs 5 and 6 of that Schedule.

3

The provisions F4in paragraph (1) for an employee to be treated as if she had not been absent refer to her absence—

a

if her return is from an isolated period of statutory leave, since the beginning of that period;

b

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