Section 80C Rights during and after paternity leaveF1

England, Wales and Scotland

(1)

Regulations under section 80A F2 ... shall provide—

(a)

that an employee who is absent on leave under that section is entitled, for such purposes and to such extent as the regulations may prescribe, to the benefit of the terms and conditions of employment which would have applied if he had not been absent;

(b)

that an employee who is absent on leave under that section is bound, for such purposes and to such extent as the regulations may prescribe, by obligations arising under those terms and conditions (except in so far as they are inconsistent with subsection (1) of that section), and

(c)

that an employee who is absent on leave under that section is entitled to return from leave to a job of a kind prescribed by regulations, subject to section 80D(1).

(2)

The reference in subsection (1)(c) to absence on leave under section 80A F3 ... includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—

F4( za )

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

maternity leave,

(b)

adoption leave, F5 ...

(F6ba)

shared parental leave,

(F7bb)

parental bereavement leave,

(F8bc)

neonatal care leave, and

(c)

parental leave.

(3)

Subsection (1) shall apply to regulations under section 80B F9F10 ... as it applies to regulations under section 80A F11 ....

(4)

In the application of subsection (1)(c) to regulations under section 80B F12 ..., the reference to absence on leave under that section includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that section and partly to any one or more of the following—

F13( za )

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)

maternity leave,

(b)

adoption leave,

(F14ba)

shared parental leave,

(F15bb)

parental bereavement leave,

(F16bc)

neonatal care leave,

(c)

parental leave, and

(d)

leave under section 80A F17 ....

(5)

In subsection (1)(a), “ terms and conditions of employment ”—

(a)

includes matters connected with an employee’s employment whether or not they arise under his contract of employment, but

(b)

does not include terms and conditions about remuneration.

(6)

Regulations under F18section 80A or 80B may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.

(7)

Regulations under F19section 80A or 80B may make provision, in relation to the right to return mentioned in subsection (1)(c), about—

(a)

seniority, pension rights and similar rights;

(b)

terms and conditions of employment on return.

Annotations

Textual amendments

F1: Pt. 8 Ch. 3 inserted (8.12.2002) by Employment Act 2002 (c. 22), s. 1; S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2
F2: Words in s. 80C(1) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(2); S.I. 2014/1640, art. 7(p) (with art. 16)
F3: Words in s. 80C(2) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(3)(a); S.I. 2014/1640, art. 7(p) (with art. 16)
F4: S. 80C(2)(za) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(3)(b); S.I. 2014/1640, art. 7(p) (with art. 16)
F5: Word in s. 80C(2)(b) repealed (30.6.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(3)(c); S.I. 2014/1640, art. 3(2)(h)
F6: S. 80C(2)(ba) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(3)(d); S.I. 2014/1640, art. 3(2)(h)
F7: S. 80C(2)(bb) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 24(2); S.I. 2020/45, reg. 2
F8: S. 80C(2)(bc) inserted (17.1.2025) by Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 24(2); S.I. 2025/41, reg. 2
F9: Words in s. 80C(3) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(4)(a); S.I. 2014/1640, art. 7(p) (with art. 16)
F10: Words in s. 80C(3) substituted (3.3.2010) by Work and Families Act 2006 (c. 18), ss. 5(4), 19; S.I. 2010/495, art. 3(a)
F11: Words in s. 80C(3) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(4)(b); S.I. 2014/1640, art. 7(p) (with art. 16)
F12: Words in s. 80C(4) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(5)(a); S.I. 2014/1640, art. 7(p) (with art. 16)
F13: S. 80C(4)(za) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(5)(b); S.I. 2014/1640, art. 7(p) (with art. 16)
F14: S. 80C(4)(ba) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(5)(c); S.I. 2014/1640, art. 3(2)(h)
F15: S. 80C(4)(bb) inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 24(3); S.I. 2020/45, reg. 2
F16: S. 80C(4)(bc) inserted (17.1.2025) by Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 24(3); S.I. 2025/41, reg. 2
F17: Words in s. 80C(4)(d) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(5)(d); S.I. 2014/1640, art. 7(p) (with art. 16)
F18: Words in s. 80C(6) substituted (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(6); S.I. 2014/1640, art. 7(p) (with art. 16)
F19: Words in s. 80C(7) substituted (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 34(7); S.I. 2014/1640, art. 7(p) (with art. 16)

Notes on the whole Act

Textual amendments

F1: Part 2B heading and s. 27C inserted (E.W.S.) (31.7.2023 for specified purposes, 1.10.2024 in so far as not already in force) by Employment (Allocation of Tips) Act 2023 (c. 13), ss. 1, 14(2); S.I. 2023/876, reg. 3(a); S.I. 2024/829, reg. 3(a)

Notes on Part VIII

Textual amendments

F1: Pt. 8 (ss. 71-80) substituted for Pt. 8 (ss. 71-85) (15.12.1999) by 1999 c. 26, s. 7, Sch. 4 Pt. 1; S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt. 2 (with transitional provisions in Sch. 3 para. 10)