Article 112EB Rights during and after bereavement leaveF1
Regulations under Article 112EA must provide—
that an employee who is absent on leave under that Article is entitled, for such purposes and to such extent as may be specified, 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 Article is bound, for such purposes and to such extent as may 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 specified kind (but this is subject to Article 112EC(1)).
In paragraph (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.
The reference in paragraph (1)(c) to absence on leave under Article 112EA 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;
paternity leave;
adoption leave;
shared parental leave;
parental leave.
Regulations under Article 112EA may specify matters which are, or are not, to be treated as remuneration for the purposes of this Article.
Regulations under Article 112EA 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
Art. 112EA-112EF inserted (22.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022(c.5)ss. 1, 5(1)
Notes on the whole Order
Textual amendments
- F1
functions transfered SR 1999/481
Notes on Part IX
Textual amendments
- F1