Regulation 12 Application of terms and conditions during paternity leaveI1

England, Wales and Scotland

(1)

An employee who takes paternity leave—

(a)

is entitled, during the period of leave, to the benefit of all of the terms and conditions of employment which would have applied if he had not been absent, and

(b)

is bound, during that period, by any obligations arising under those terms and conditions, subject only to the exception in section 80C(1)(b) of the 1996 Act^f1.

(2)

In paragraph (1)(a), “terms and conditions of employment” has the meaning given by section 80C(5) of the 1996 Act, and accordingly does not include terms and conditions about remuneration.

(3)

For the purposes of section 80C of the 1996 Act, only sums payable to an employee by way of wages or salary are to be treated as remuneration.

Annotations

Commencement

I1: Reg. 12 in force at 8.12.2002, see reg. 1

Footnotes

f1: Section 80C was inserted by section 1 of the Employment Act 2002.