Regulation 13 Application of terms and conditions during neonatal care leave

(1)

An employee who takes neonatal care leave is, during any period of leave—

(a)

entitled to the benefit of all of the terms and conditions of employment which would have applied if the employee had not been absent on leave; and

(b)

bound by any obligations arising under those terms and conditions, subject only to the exception in section 80EG(1)(b) of the Act^f1.

(2)

For the purposes of section 80EG of the Act, only sums payable to an employee by way of wages or salary are to be treated as remuneration.

(3)

In the case of accrual of rights under an employment-related benefit scheme within the meaning given by paragraph 7 of Schedule 5 to the Social Security Act 1989^f2, nothing in paragraph (1)(a) imposes a requirement which exceeds the requirements of paragraph 5E of that Schedule.

Annotations

f1: “terms and conditions of employment” has the meaning given by section 80EG(3) of the Employment Rights Act 1996 (c. 18), and accordingly does not include terms and conditions about remuneration.
f2: 1989 c. 24. Paragraph 5E was inserted by the Neonatal Care Leave and Pay Act (c. 20) Schedule, paragraph 7.