# The Paternity and Adoption Leave Regulations 2002, Regulation 27: Incidents of the right to return from adoption leave


(1) An employee’s right to return under regulation 26 is to return—
(a) with his seniority, pension rights and similar rights—
(i) in a case where the employee is returning from additional adoption leave, or consecutive periods of statutory leave which included a period of additional adoption leave or additional maternity leave, as they would have been if the period or periods of his employment prior to his additional adoption leave or (as the case may be) additional maternity leave were continuous with the period of employment following it;
(ii) in any other case, as they would have been if he had not been absent, and
(b) on terms and conditions as to remuneration not less favourable than those which would have been applied to him if he had not been absent.
(2) The provision in paragraph (1)(a)(i) concerning the treatment of periods of additional adoption leave or additional maternity leave is subject to the requirements of paragraphs 5 and 6 of Schedule 5 to the Social Security Act 1989 (equal treatment under pension schemes: maternity absence and family leave).
(3) The provisions in paragraph (1)(a)(ii) and (b) for an employee to be treated as if he had not been absent refer to his absence—
(a) if his return is from an isolated period of ordinary adoption leave, since the beginning of that period;
(b) if his return is from consecutive periods of statutory leave, since the beginning of the first such period.

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Source: https://www.legislation.gov.uk/ukdsi/2002/0110429222/regulation/27 (the official version)
Page: https://openlegislation.uk/draft-paternity-and-adoption-leave-regulations-2002/regulation-27
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.