Parental Leave Act 1998

Return to work.

15

15. (1) On the expiration of a period of parental leave (being, in a case where parental leave has been terminated under section 12 , the period specified in the confirmation document concerned) (“ the period”), the employee concerned shall be entitled to return to work—

( a) with the employer with whom he or she was working immediately before the start of the period or, where during the employee's absence from work there was or were a change or changes of ownership of the undertaking in which he or she was employed immediately before the absence, the owner on the expiration of the period (“ the successor”),

( b) in the job that the employee held immediately before the commencement of the period, and

F26 [ ( c ) under the contract of employment under which the employee was employed immediately before the commencement of the period or, where a change of ownership such as is referred to in paragraph ( a ) has occurred, under a contract of employment with the successor that is identical to the contract under which the employee was employed immediately before such commencement, and (in either case) under terms or conditions

(i) not less favourable than those that would have been applicable to the employee, and

(ii) that incorporate any improvement to the terms or conditions of employment to which the employee would have been entitled,

if he or she had not been so absent from work. ]

(2) For the purposes of subsection (1)(b), where the job held by an employee immediately before the commencement of a period of parental leave to which he or she is entitled was not the employee's normal or usual job, he or she shall be entitled to return to work, either in his or her normal or usual job or in that job as soon as is practicable without contravention by the employee or the employer of any provision of a statute or provision made under statute.

(3) Where, because of an interruption or cessation of work at an employee's place of employment, existing on the expiration of a period of parental leave taken by the employee, it is unreasonable to expect the employee to return to work on such expiration, the employee may return to work instead when work resumes at the place of employment after the interruption or cessation, or as soon as reasonably practicable after such resumption.

Annotations:

Amendments:

F26

Substituted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 9, commenced on enactment.