The Paternity and Adoption Leave Regulations 2002

Incidents of the right to return after paternity leave E+W+S

14.—(1) An employee’s right to return under regulation 13 is a right to return—

(a) with his seniority, pension rights and similar rights—

(i) in a case where the employee is returning from consecutive periods of statutory leave which included a period of additional adoption leave or additional maternity leave, as they would have been if the period or periods of his employment prior to the additional adoption leave or (as the case may be) additional maternity leave were continuous with the period of employment following it;

(ii) in any other case, as they would have been if he had not been absent, and

(b) on terms and conditions not less favourable than those which would have applied if he had not been absent.

(2) The provision in paragraph (1)(a)(i) concerning the treatment of periods of additional maternity leave or additional adoption leave is subject to the requirements of [F1 paragraphs 5, 5B and 6 of Schedule 5 to the Social Security Act 1989 (equal treatment under pension schemes: maternity absence, adoption leave and family leave).]

(3) The provisions in paragraph (1)(a)(ii) and (b) for an employee to be treated as if he had not been absent refer to his absence—

(a) if his return is from an isolated period of paternity leave, since the beginning of that period;

(b) if his return is from consecutive periods of statutory leave, since the beginning of the first such period.

Textual Amendments

F1 Words in reg. 14(2) substituted (9.2.2005) by The Pensions Act 2004 (Commencement No. 2, Transitional Provisions and Consequential Amendments) Order 2005 (S.I. 2005/275), art. 5(2)

Commencement Information

I1 Reg. 14 in force at 8.12.2002, see reg. 1