Section 80EB Rights during and after bereavement leaveF1
Regulations under section 80EA must provide—
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 but for the absence,
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
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 80EC(1).
The reference in subsection (1)(c) to absence on leave under section 80EA 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—
maternity leave,
paternity leave,
adoption leave,
shared parental leave, F2...
parental leave F3, and
neonatal care leave.
In subsection (1)(a), “terms and conditions of employment”—
includes matters connected with an employee's employment whether or not they arise under the contract of employment, but
does not include terms and conditions about remuneration.
Regulations under section 80EA may specify matters which are, or are not, to be treated as remuneration for the purposes of this section.
Regulations under section 80EA may make provision, in relation to the right to return mentioned in subsection (1)(c), about—
seniority, pension rights and similar rights;
terms and conditions of employment on return.
Annotations
Textual amendments
- F1
Pt. 8 Ch. 4 inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 2; S.I. 2020/45, reg. 2
- F2
Word in s. 80EB(2)(d) omitted (17.1.2025) by virtue of Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 25(a); S.I. 2025/41, reg. 2
- F3
S. 80EB(2)(f) and word inserted (17.1.2025) by Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 25(b); S.I. 2025/41, reg. 2
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)
Notes on Chapter 4
Textual amendments
- F2
Words in Pt. 8 Ch. 4 heading substituted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 18(2), 159(3); S.I. 2026/3, reg. 2(9)(b)