Regulation 10 Application of terms and conditions during a period of bereaved partner’s paternity leave
An employee who takes bereaved partner’s paternity leave is, during the period of leave—
entitled to the benefit of all of the terms and conditions of employmentf1 which would have applied if the employee had not been absent on bereaved partner’s paternity leave, and
bound by any obligations arising under those terms and conditions of employment, subject only to the exception in section 80C (1) (b) of the 1996 Act (rights during and after paternity leave).
For the purposes of section 80C of the 1996 Act, only sums payable to an employee by way of wages or salary are to be treated as remuneration.
In the case of accrual of rights under an employment-related benefit scheme within the meaning given by paragraph 7(a) of Schedule 5 to the Social Security Act 1989f2, nothing in paragraph (1)(a) imposes a requirement which exceeds the requirements of paragraph 5A of that Schedulef3.
Annotations
Footnotes
- f1
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“Terms and conditions of employment” has the meaning given by section 80C(5) of the 1996 Act and accordingly does not include terms and conditions about remuneration.
- f2
- f3
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Paragraph 5A of Schedule 5 was inserted by section 265(1) of the Pensions Act 2004 (c. 35) and amended by paragraph 1(3)(a) of Schedule 1 to the Work and Families Act 2006 (c. 18), paragraph 2 of Schedule 7 to the Children and Families Act 2014 (c. 6) and S.I. 2016/413 (W. 131).