OpenLegislation

Regulation 19 Application of terms and conditions during ordinary adoption leave and additional adoption leaveF5I1

England, Wales and Scotland

(1)

An employee who takes ordinary adoption leave F1or additional adoption 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 F2the exceptions in sections 75A(3)(b) and 75B(4)(b) of the 1996 Actf1.

(2)

In paragraph (1)(a), “terms and conditions of employment” has the meaning given by F3sections 75A(4) and 75B(5) of the 1996 Act, and accordingly does not include terms and conditions about remuneration.

(3)

For the purposes of F4sections 75A and 75B of the 1996 Act, only sums payable to an employee by way of wages or salary are to be treated as remuneration.

Annotations

Textual amendments

F1

Words in reg. 19(1) inserted (23.7.2008 with effect from 5.10.2008 in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008 (S.I. 2008/1966), regs. 1, 9(1)(b)

F2

Words in reg. 19(1)(b) substituted (23.7.2008 with effect from 5.10.2008 in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008 (S.I. 2008/1966), regs. 1, 9(1)(c)

F3

Words in reg. 19(2) substituted (23.7.2008 with effect from 5.10.2008 in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008 (S.I. 2008/1966), regs. 1, 9(1)(d)

F4

Words in reg. 19(3) substituted (23.7.2008 with effect from 5.10.2008 in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008 (S.I. 2008/1966), regs. 1, 9(1)(e)

F5

Words in reg. 19 heading inserted (23.7.2008 with effect from 5.10.2008 in accordance with reg. 2 of the amending S.I.) by The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008 (S.I. 2008/1966), regs. 1, 9(1)(a)

Commencement

I1

Reg. 19 in force at 8.12.2002, see reg. 1

Footnotes

f1

Section 75A was inserted by section 3 of the Employment Act 2002.