Regulation 8 Notice requirements: supplementary

If an employee attempts to return to work without having notified the employer of the intended return date in accordance with regulation 6 (notice requirements) or varied the intended return date in accordance with regulation 7(6) (notice requirements: variation and cancellation), the employer may postpone the employee’s return to a date such as will secure, subject to paragraph (3), that the employer has the notice required by regulation 6 or regulation 7(7) (as the case may be) of the employee’s return.

An employer wishing to postpone an employee’s return to work under paragraph (1) must give the employee written notice of the postponement.

An employer is not entitled under paragraph (1) to postpone the employee’s return to work to a date after the day immediately following the final day of the paternity leave eligibility period.

An employer who postpones an employee’s return to work under paragraph (1) is under no contractual obligation to pay the employee remuneration until the date specified in a notice of postponement referred to in paragraph (2) if the employee returns to work before that date unless the employer has revoked the notice of postponement in writing.