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Section 80K Rights during and after carer’s leaveF1

(1)

Regulations under section 80J must 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 but for the absence,

(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 80L.

(2)

Regulations under section 80J may provide that where provision made by or under Part 8 provides for a reference to absence on leave under a section of that Part to include a reference to a continuous period of absence attributable—

(a)

partly to leave under that section of Part 8, and

(b)

partly to leave under another section of that Part,

absence attributable to leave under section 80J is to be ignored in any determination of the continuity or duration of such a period.

(3)

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

(a)

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

(b)

does not include terms and conditions about remuneration.

(4)

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

(5)

Regulations under section 80J 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. 8B inserted (4.12.2023) by Carer’s Leave Act 2023 (c. 18), s. 3(3), Sch. para. 2; S.I. 2023/1283, 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)