Regulation 26 Right to return after adoption leaveI1

England, Wales and Scotland

(1)

An employee who returns to work after a period of ordinary adoption leave which was—

(a)

an isolated period of leave, or

F1(b)

the last of two or more consecutive periods of statutory leave which did not include any—

(i)

period of parental leave of more than four weeks; or

(ii)

period of statutory leave which when added to any other periods of statutory leave (excluding parental leave) taken in relation to the same child means that the total amount of statutory leave taken in relation to that child totals more than 26 weeks,

is entitled to return from leave to the job in which he was employed before his absence.

(2)

An employee who returns to work after—

(a)

a period of additional adoption leave, whether or not preceded by another period of statutory leave, or

(b)

a period of ordinary adoption leave not falling within the description in paragraph (1)(a) or (b) above,

is entitled to return from leave to the job in which he was employed before his absence, or, if it is not reasonably practicable for the employer to permit him to return to that job, to another job which is both suitable for him and appropriate for him to do in the circumstances.

(3)

The reference in paragraphs (1) and (2) to the job in which an employee was employed before his absence is a reference to the job in which he was employed—

(a)

if his return is from an isolated period of adoption leave, immediately before that period began;

(b)

if his return is from consecutive periods of statutory leave, immediately before the first such period.

(4)

This regulation does not apply where regulation 23 applies.

Annotations

Textual amendments

F1: Reg. 26(1)(b) substituted (1.12.2014) by The Paternity and Adoption Leave (Amendment) Regulations 2014 (S.I. 2014/2112), regs. 1(3), 9

Commencement

I1: Reg. 26 in force at 8.12.2002, see reg. 1