Parental Leave Act 1998

Right to alternative employment.

16

16.— (1) Where an employee is entitled to return to work pursuant to section 15 but it is not reasonably practicable for the employer to permit the employee to return to work in accordance with that section, the employee shall be entitled to be offered by his or her employer suitable alternative employment under a new contract of employment.

(2) Work under a new contract of employment constitutes suitable alternative work for the purposes of this Act if—

( a) it is of a kind that is suitable in relation to the employee concerned and appropriate for the employee to do in the F28 [ circumstances, ]

F29 [ ( b ) the terms or conditions of the contract —

(i) relating to the place where the work under it is required to be done, the capacity in which the employee concerned is to be employed and any other terms or conditions of employment are not less favourable to the employee than those of his or her contract of employment immediately before the start of the period of absence from work while on parental leave, and

(ii) 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 during that period,

and

( c ) the continuity of service is preserved. ]