Regulation 9 Application of terms and conditions during parental bereavement leave

(1)

An employee who takes parental bereavement 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, and

(b)

bound by any obligations arising under those terms and conditions, subject only to the exception in section 80EB(1)(b) of the 1996 Act^f1.

(2)

In paragraph (1)(a), “terms and conditions of employment” has the meaning given by section 80EB(3) of the 1996 Act, and accordingly does not include terms and conditions about remuneration.

(3)

For the purposes of section 80EB of the 1996 Act, only sums payable to an employee by way of wages or salary are to be treated as remuneration.

(4)

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 5D of that Schedule^f3.

Annotations

Footnotes

f1: Section 80EB was inserted by the Parental Bereavement (Leave and Pay) Act 2018, Schedule, Part 1, paragraphs 1 and 2.
f2: 1989 c. 24.
f3: Paragraph 5D was inserted by the Parental Bereavement (Leave and Pay) Act 2018, Schedule, Part 3, paragraph 7.