The Maternity and Parental Leave etc. Regulations 1999

[F1Incidents of the right to returnE+W+S

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

[F2(a)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.

[F3(2) 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.]

Textual Amendments

F1Regs. 18, 18A substituted for reg. 18 (24.11.2002 with effect in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave (Amendment) Regulations 2002 (S.I. 2002/2789), regs. 1(1), 12

F4Words in reg. 18A(3) substituted (23.7.2008 with effect in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008 (S.I. 2008/1966), regs. 1, 5(c)