Article 112C Rights during and after paternity leaveF1F2
Northern Ireland
Regulations under Article 112A F3... shall provide—
that an employee who is absent on leave under that Article is entitled, for such purposes and to such extent as F4may be specified , to the benefit of the terms and conditions of employment which would have applied if he had not been absent;
that an employee who is absent on leave under that Article is bound, for such purposes and to such extent as F5may be specified , by obligations arising under those terms and conditions (except in so far as they are inconsistent with paragraph (1) of that Article), and
that an employee who is absent, on leave under that Article is entitled to return from leave to a job of a kind F6that may be specified , subject to Article 112D(1).
The reference in paragraph (1)(c) to absence on leave under Article 112A F7... includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that Article and partly to any one or more of the following—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
maternity leave,
adoption leave, F9...
shared parental leave
parental bereavement leave,, and
parental leave.
In the application of paragraph (1)(c) to regulations under Article l12B F14or F15112BAA , the reference to absence on leave under that Article includes, where appropriate, a reference to a continuous period of absence attributable partly to leave under that Article and partly to anyone or more of the following—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
maternity leave,
adoption leave,
shared parental leave,
parental bereavement leave,
parental leave, and
leave under Article 112A F19... .
In paragraph (1)(a), “terms and conditions of employment”
includes matters connected with an employee's employment whether or not they arise under his contract of employment, but
does not include terms and conditions about remuneration.
Regulations under F20Article 112A or 112B may specify matters which are, or are not, to be treated as remuneration for the purposes of this Article.
Regulations under F21Article 112A or 112B may make provision, in relation to the right to return mentioned in paragraph (1)(c), about—
seniority, pension rights and similar rights;
terms and conditions of employment on return.
Annotations
Textual amendments
- F1
- F2
- F3
Words in art. 112C(1) repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(a), Sch. 2; S.R. 2015/86, art. 4(2)(c)(3) (with art. 7(2))
- F4
Words in art. 112C(1)(a) substituted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(b); S.R. 2015/86, art. 3(2)(d)
- F5
Words in art. 112C(1)(b) substituted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(b); S.R. 2015/86, art. 3(2)(d)
- F6
Words in art. 112C(1)(c) substituted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(c); S.R. 2015/86, art. 3(2)(d)
- F7
Words in art. 112C(2) repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(d)(i), Sch. 2; S.R. 2015/86, art. 4(2)(c)(3) (with art. 7(2))
- F8
Art. 112C(2)(za) repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(d)(ii), Sch. 2; S.R. 2015/86, art. 4(2)(c)(3) (with art. 7(2))
- F9
Word in art. 112C(2) repealed (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(d)(iii), Sch. 2; S.R. 2015/86, art. 3(2)(d)(3)
- F10
Art. 112C(2)(ba) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(d)(iv); S.R. 2015/86, art. 3(2)(d)
- F11
Art. 112C(2)(bb) inserted (23.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), ss. 4, 5(5)(6), Sch. Pt. 1 para. 20(2); S.R. 2022/136, arts. 2, 3
- F12
Words in art. 112C(3) substituted (9.9.2010) by Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)), arts. 1(3), 7(4); S.R. 2010/295, art. 2(a)
- F13
Words in art. 112C(3) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(e); S.R. 2015/86, art. 4(2)(c) (with art. 7(2))
- F14
Words in art. 112C(4) inserted (9.9.2010) by Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)), arts. 1(3), 7(5)(a); S.R. 2010/295, art. 2(a)
- F15
Word in art. 112C(4) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(f)(i); S.R. 2015/86, art. 4(2)(c) (with art. 7(2))
- F16
Art. 112C(4)(za) repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(f)(ii), Sch. 2; S.R. 2015/86, art. 4(2)(c)(3) (with art. 7(2))
- F17
Art. 112C(4)(ba) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(f)(iii); S.R. 2015/86, art. 3(2)(d)
- F18
Art. 112C(4)(bb) inserted (23.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), ss. 4, 5(5)(6), Sch. Pt. 1 para. 20(3); S.R. 2022/136, arts. 2, 3
- F19
Words in art. 112C(4)(d) repealed (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(f)(iv), Sch. 2; S.R. 2015/86, art. 4(2)(c)(3) (with art. 7(2))
- F20
Words in art. 112C(6) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(g); S.R. 2015/86, art. 4(2)(c) (with art. 7(2))
- F21
Words in art. 112C(7) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 4(11)(h); S.R. 2015/86, art. 4(2)(c) (with art. 7(2))
Notes on the whole Order
Textual amendments
- F1
functions transfered SR 1999/481