Solon does not know this law's official route yet. The proposal is recorded all the same, and the route appears here once its source is added.
48 provisions
40 Right to return after shared parental leave
(1) Where an employee returns to work after a period of shared parental leave which, when added to any other period of relevant statutory leave (see paragraph (3)) taken by the employee in relation to C, means that the total amount of relevant statutory leave taken by the employee in relation to C is 26 weeks or less, the employee is entitled to return from leave to the job in which the employee was employed before the absence, except where paragraph (2)(b) applies.
(2) Where an employee returns to work after a period of shared parental leave which—
(a) when added to any other period of relevant statutory leave taken by the employee in relation to C, means that the total amount of relevant statutory leave taken by the employee in relation to C is more than 26 weeks; or
(b) was the last of two or more consecutive periods of relevant statutory leave which included a period of parental leave of more than four weeks, a period of additional maternity leave, or a period of additional adoption leave,
the employee is entitled to return from leave to the job in which the employee was employed before the absence, or, if it is not reasonably practicable for the employer to permit the employee to return to that job, to another job which is both suitable for the employee and appropriate for the employee to do in the circumstances.
(3) In this regulation—
“additional adoption leave” means leave under section 75B of the 1996 Act;
“additional maternity leave” means leave under section 73 of the 1996 Act;
“parental leave” means leave under section 76 of the 1996 Act;
“relevant statutory leave” means leave provided for in Part 8 of the 1996 Act except any period of parental leave.
(4) This regulation does not apply where it is not practicable by reason of redundancy for the employer to continue to employ the employee under the existing contract of employment.
41 Right to return after shared parental leave: supplementary
(1) For the purposes of regulation 40 a job is—
(a) the nature of the work which the employee is employed to do under the contract of employment; and
(b) the capacity and place the employee was employed in before the absence.
(2) References in regulation 40 to the job in which the employee was employed before the absence are references to the job in which the employee was employed—
(a) if the return is from an isolated period of shared parental leave, immediately before that period, or
(b) if the return is from consecutive periods of leave provided for in Part 8 of the 1996 Act, immediately before the first such period.
(3) The right to return under regulation 40 is a right to return—
(a) with the employee’s seniority, pension rights and similar rights as they would have been if there had been no absence, and
(b) on terms and conditions not less favourable than those which would have applied if there had been no absence.
(4) In the case of accrual of rights under an employment-related benefit scheme within the meaning given by paragraph 7 of Schedule 5 to the Social Security Act 1989, nothing in paragraph (3)(a) above imposes a requirement which exceeds the requirements of paragraphs 5A to 6 of that Schedule.
(1) An employee is entitled under section 47C of the 1996 Act not to be subjected to any detriment by any act, or any deliberate failure to act, by an employer because—
(a) the employee took, sought to take, or made use of the benefits of, shared parental leave;
(b) the employer believed that the employee was likely to take shared parental leave; or
(c) the employee undertook, considered undertaking, or refused to undertake work in accordance with regulation 37.
(2) For the purposes of paragraph (1)(a), the employee makes use of the benefits of shared parental leave if, during a period of shared parental leave, the employee benefits from any of the terms and conditions of employment preserved by regulation 38 during that period.
(3) Paragraph (1) does not apply where the detriment in question amounts to dismissal within the meaning of Part 10 of the 1996 Act.
(1) An employee who is dismissed is entitled under section 99 of the 1996 Act to be regarded for the purposes of Part 10 of that Act as unfairly dismissed if—
(a) the reason or principal reason for the dismissal is of a kind specified in paragraph (3), or
(b) the reason or principal reason for the dismissal is that the employee is redundant and regulation 39 has not been complied with.
(2) An employee who is dismissed is to be regarded for the purposes of Part 10 of the 1996 Act as unfairly dismissed if—
(a) the reason or principal reason for the dismissal is that the employee was redundant,
(b) it is shown that the circumstances constituting the redundancy applied equally to one or more employees in the same undertaking who had positions similar to that held by the dismissed employee and who have not been dismissed by an employer, and
(c) it is shown that the reason or principal reason for which the employee was selected for dismissal was a reason of a kind specified in paragraph (3).
(3) The reasons referred to in paragraphs (1) and (2) are reasons connected with any of the following facts—
(a) that the employee took, sought to take, or made use of the benefits of, shared parental leave;
(b) that the employer believed that the employee was likely to take shared parental leave; or
(c) that the employee undertook, considered undertaking, or refused to undertake work in accordance with regulation 37.
(4) For the purposes of paragraph (3)(a), the employee makes use of the benefits of shared parental leave if, during a period of shared parental leave, the employee benefits from any of the terms and conditions of employment preserved by regulation 38 during that period.
44 Calculation of a week’s pay for the purposes of Chapter 2 of Part 14 of the 1996 Act
Where—
(a) under Chapter 2 of Part 14 of the 1996 Act, the amount of a week’s pay of an employee falls to be calculated by reference to the average rate of remuneration, or the average amount of remuneration, payable to the employee in respect of a period of 12 weeks ending on a particular date (referred to as the “calculation date”),
(b) during a week in that period, the employee was absent from work on shared parental leave, and
(c) remuneration is payable to the employee in respect of that week under the employee’s contract of employment, but the amount payable is less than the amount that would be payable if the employee were working,
that week shall be disregarded for the purpose of the calculation and account must be taken of remuneration in earlier weeks so as to bring up to 12 the number of weeks of which account is taken.
Where an employee is entitled to shared parental leave (referred to in this regulation as “the statutory right”) and also to a right which corresponds to that right and which arises under the employee’s contract of employment or otherwise—
(a) the employee may not exercise the statutory right and the corresponding right separately but may, in taking the leave for which the two rights provide, take advantage of whichever right is, in any particular respect, the more favourable, and
(b) the provisions of the 1996 Act and of these Regulations relating to the statutory right apply, subject to any modifications necessary to give effect to any more favourable contractual terms, to the exercise of the composite right described in sub-paragraph (a) as they apply to the exercise of the statutory right.
(1) Where a notice is to be given under these Regulations, it may be given—
(a) where paragraph (2) applies, by electronic communication;
(b) by post; or
(c) by personal delivery.
(2) This paragraph applies where the person who is to receive the notice has agreed that the notice may be given to the person by being transmitted to an electronic address and in an electronic form specified by the person for the purpose.
(3) Where a notice is to be given under these Regulations it is to be taken to have been given—
(a) if sent by electronic communication, on the day of transmission;
(b) if sent by post in an envelope which is properly addressed and sent by prepaid post, on the day on which it is posted;
(c) if delivered personally, on the day of delivery.
SCHEDULE SHARED PARENTAL LEAVE IN SPECIAL CIRCUMSTANCES
Regulations 19 and 34
PART 1 SHARED PARENTAL LEAVE (BIRTH)
Entitlement of father or partner to shared parental leave in the event of death of mother before curtailment
1 (1) Where before P has given a notice under regulation 9 M dies—
(a) without curtailing her statutory maternity leave under section 71(3) or 73(3) of the 1996 Act;
(b) before the end of her maternity pay period and without curtailing that period under section 165(3A) of the 1992 Act; or
(c) before the end of her maternity allowance period and without curtailing that period under section 35(3A) of the 1992 Act,
sub-paragraph (2) applies in relation to the entitlement of P to shared parental leave.
(2) The provisions of the Regulations apply in respect of any period after M dies with the modifications specified in paragraphs (a) to (l)—
(a) a person is to be regarded as falling within the definition of “P” in regulation 3(1) if that person fell within that definition immediately before M died;
(b) regulation 5(2)(d) does not have effect;
(c) in regulation 5(3)(a) for “M satisfies” substitute “immediately before her death M satisfied”;
(d) in regulation 5(3)(c) for “M is entitled” substitute “immediately before her death, M was entitled”;
(e) regulation 5(3)(d) does not have effect;
(f) in regulation 6—
(i) for paragraph (1) substitute—
(1) Where M was entitled to statutory maternity leave, subject to paragraph (10), the total amount of shared parental leave available in relation to C is 52 weeks less the number of weeks of statutory maternity leave taken by M before M died.
;
(ii) for paragraph (2) substitute—
(2) Where M was not entitled to statutory maternity leave, but was entitled to statutory maternity pay, subject to paragraph (11), the total amount of shared parental leave available in relation to C is 52 weeks less the number of weeks of statutory maternity pay payable to M in respect of C before M died.
;
(iii) for paragraph (3) substitute—
(3) Where M was not entitled to statutory maternity leave, but was entitled to maternity allowance, the total amount of shared parental leave available in relation to C is 52 weeks less the number of weeks of maternity allowance payable to M in respect of C before M died.
;
(g) in regulation 9(2)(f) for “and M each intend” substitute “intends”;
(h) in regulation 9(2) after sub-paragraph (g) insert—
(h) the date of M’s death.
;
(i) regulation 9(3)(b) is omitted;
(j) regulation 10 is omitted;
(k) regulation 11(3)(d) is omitted;
(l) where under regulation 9 or 12 a notice is required to be given not less than eight weeks before a start date and it is not reasonably practicable for P to satisfy that requirement, the notice may be given as soon as is reasonably practicable after the death of M and before the start date of the leave. The modification of regulation 12 applies only to the first notice given under regulation 12 following the death of M.
Entitlement of father or partner to shared parental leave in the event of death of mother after curtailment and before notice of entitlement given
2 Where M dies after curtailing her statutory maternity leave under section 71(3) or 73(3) of the 1996 Act or her statutory maternity pay period under section 165(3A) of the 1992 Act or her maternity allowance period under section 35(3A) of that Act, or after returning to work, as the case may be, and before P gives a notice under regulation 9, sub-paragraphs (2)(a) to (e) and (g) to (l) in paragraph 1 of this Schedule apply in relation to the entitlement of P to shared parental leave.
Entitlement of father or partner to shared parental leave in the event of death of mother after notice of entitlement given
3 (1) Where M dies after P has given a notice under regulation 9, the provisions of the Regulations apply in respect of any period after M dies with the modifications in sub-paragraphs (2) (on entitlement), (3) to (6) (on the provision of notices), and (7) (on evidence) in relation to the entitlement of P to shared parental leave.
(2) Sub-paragraphs (2)(a) to (e) in paragraph 1 of this Schedule apply.
(3) Regulation 11(3)(d) does not have effect.
(4) Where by reason of M’s death it is not reasonably practicable for P to satisfy a requirement under regulation 9, 12 or 15 for a notice to be given not less than eight weeks before the date on which a period of shared parental leave begins, that regulation is to have effect as if it required P to give the notice as soon as reasonably practicable before the date on which the period of leave begins. The modification of regulations 12 and 15 applies only to the first notice given under either regulation 12 or 15 following the death M.
(5) The first notice given under either regulation 12 or 15 following the death of M must include the date of M’s death.
(6) Where at the time of M’s death P has given a combined total of three notices under regulations 12 and 15, in regulation 16(1) for “three” substitute “four”.
(7) Where an employer—
(a) has made a request under regulation 10 and the 14 day period in paragraph (3), (4) or (5) has not ended, or
(b) has not made a request under regulation 10,
before M dies, regulation 5(2)(d) does not have effect and regulation 10 is omitted.
Entitlement of mother to shared parental leave in the event of death of father or partner
4 (1) Where P dies after M has given a notice under regulation 8, the provisions of the Regulations apply in respect of any period after P dies with the modifications in sub-paragraphs (2) (on entitlement), (3) to (6) (on the provision of notices), and (7) (on evidence) apply.
(2) The following modifications apply—
(a) a person is to be regarded as falling within the definition of “P” in regulation 3(1) if that person fell within that definition immediately before that person died;
(b) regulation 4(2)(f) does not have effect;
(c) in regulation 4(3)(a) for “P satisfies” substitute “immediately before P’s death P satisfied”.
(3) Regulation 11(3)(d) does not have effect.
(4) Where by reason of P’s death it is not reasonably practicable for M to satisfy a requirement under regulation 8, 12 or 15 for a notice to be given not less than eight weeks before the date on which a period of shared parental leave begins, that regulation is to have effect as if it required M to give the notice as soon as reasonably practicable before the date on which the period of leave begins. The modification of regulation 12 or 15 applies only to the first notice given under either regulation 12 or 15 following the death P.
(5) The first notice given under either regulation 12 or 15 following the death of P must include the date of P’s death.
(6) Where at the time of P’s death M has given a combined total of three notices under regulations 12 and 15, in regulation 16(1) for “three” substitute “four”.
(7) Where an employer—
(a) has made a request under regulation 10 and the 14 day period in paragraph (3), (4) or (5) has not ended, or
(b) has not made a request under regulation 10,
before P dies, regulation 4(2)(f) does not have effect and regulation 10 is omitted.
Entitlement to shared parental leave in the event of death of child (birth)
5 (1) Where after a notice of entitlement has been given under regulation 8 C dies following birth, the modifications set out in paragraphs (3), (5) and (6) below apply in relation to the entitlement of M to shared parental leave after C’s death.
(2) Where after a notice of entitlement has been given under regulation 9 C dies following birth, the modifications set out in paragraphs (4) to (6) below apply in relation to the entitlement of P to shared parental leave after C’s death.
(3) In regulation 4(1) omit “to care for C”.
(4) In regulation 5(1) omit “to care for C”.
(5) In regulation 15 for paragraph (2) substitute—
(2) A notice under paragraph (1) may—
(a) vary the end date of any period of shared parental leave to reduce the period of leave to be taken provided that the notice is given at least eight weeks before the new end date;
(b) cancel a period or periods of leave.
(6) In regulation 16 for paragraph (1) substitute—
(1) After C dies, no notice may be given under regulation 12 and only one notice may be given under regulation 15.
.
(7) Where more than one child is born of the same pregnancy, a reference in this paragraph relating to the death of C must be construed as a reference to the last of those children to die.
PART 2 SHARED PARENTAL LEAVE (ADOPTION)
Entitlement of adopter’s partner to shared parental leave in the event of death of adopter before curtailment
6 (1) Where before AP has given a notice under regulation 25 A dies—
(a) without curtailing A’s statutory adoption leave under section 75A(2A) or 75B(3) of the 1996 Act; or
(b) before the end of the adoption pay period and without curtailing that period under section 171ZN(2A) of the 1992 Act,
sub-paragraph (2) applies in relation to the entitlement of AP to shared parental leave.
(2) The provisions of the Regulations apply in respect of any period after A dies with the modifications specified in paragraphs (a) to (l)—
(a) a person is to be regarded as falling within the definition of P in regulation 3(1) if that person fell within that definition immediately before A died;
(b) regulation 21(2)(d) does not have effect;
(c) in regulation 21(3)(a) for “A satisfies” substitute “immediately before A’s death A satisfied”;
(d) in regulation 21(3)(c) for “A is entitled” substitute “immediately before A’s death, A was entitled”;
(e) regulation 21(3)(d) does not have effect.
(f) in regulation 22—
(i) for paragraph (1) substitute—
(1) Where A was entitled to statutory adoption leave, subject to paragraph (9), the total amount of shared parental leave available in relation to C is 52 weeks less the number of weeks of statutory adoption leave taken by A before A died.
;
(ii) for paragraph (2) substitute—
(2) Where A was not entitled to statutory adoption leave, but was entitled to statutory adoption pay, subject to paragraph (10), the total amount of shared parental leave available in relation to C is 52 weeks less the number of weeks of statutory adoption pay payable to A before A died.
;
(g) in regulation 25(2)(g) for “and A each intend” substitute “intends”;
(h) in regulation 25(2) after sub-paragraph (h) insert—
(i) the date of A’s death.
;
(i) regulation 25(3)(b) is omitted;
(j) regulation 26 is omitted;
(k) regulation 27(3)(d) is omitted;
(l) where under regulation 25 or 28 a notice is required to be given not less than eight weeks before a start date and it is not reasonably practicable for P to satisfy that requirement, the notice may be given as soon as is reasonably practicable after the death of A and before the start date of the leave. The modification of regulation 28 applies only to the first notice given under regulation 28 following the death of A.
Entitlement of adopter’s partner to shared parental leave in the event of death of adopter after curtailment and before notice of entitlement given
7 Where A dies after curtailing A’s statutory adoption leave under section 75A(2A) or 75B(3) of the 1996 Act, or after curtailing the statutory adoption pay period under section 171ZN(2A) of the 1992 Act, or after returning to work, as the case may be, and before AP has given a notice under regulation 25, sub-paragraph (2)(a) to (e) and (g) to (l) in paragraph 6 of this Schedule apply in relation to the entitlement of AP to shared parental leave.
Entitlement of adopter’s partner to shared parental leave in the event of death of adopter after notice of entitlement given
8 (1) Where A dies after AP has given a notice of entitlement under regulation 25, the provisions of the Regulations apply in respect of any period after A dies with the modifications in paragraphs (2) (on entitlement), (3) to (6) (on the provision of notices), and (7) (on evidence) in relation to the entitlement of AP to shared parental leave.
(2) Sub-paragraphs (2)(a) to (e) in paragraph 6 of this Schedule apply.
(3) Regulation 27(3)(d) does not have effect.
(4) Where by reason of A’s death it is not reasonably practicable for AP to satisfy a requirement under regulation 25, 28 or 31 for a notice to be given not less than eight weeks before the date on which a period of shared parental leave begins, that regulation is to have effect as if it required AP to give the notice as soon as reasonably practicable before the date on which the period of leave begins. The modification of regulations 28 and 31 applies only to the first notice given under either regulation 28 or 31 following the death A.
(5) The first notice given under either regulation 28 or 31 following the death of A must include the date of A’s death.
(6) Where at the time of A’s death AP has given a combined total of three notices under regulations 28 and 31, in regulation 32(1) for “three” substitute “four”.
(7) Where an employer—
(a) has made a request under regulation 26 and the 14 day period in paragraph (3) or (4) has not ended, or
(b) has not made a request under regulation 26,
before A dies, regulation 21(2)(d) does not have effect and regulation 26 is omitted.
Entitlement of adopter to shared parental leave in the event of death of adopter’s partner
9 (1) Where AP dies after A has given a notice of entitlement under regulation 24, the provisions of the Regulations apply in respect of any period after AP dies with the modifications in sub-paragraphs (2) (on entitlement), (3) to (6) (on the provision of notices), and (7) (on evidence) apply.
(2) The following modifications apply—
(a) a person is to be regarded as falling within the definition of “AP” in regulation 3(1) if that person fell within that definition immediately before that person died;
(b) regulation 20(2)(f) does not have effect;
(c) in regulation 20(3)(a) for “AP satisfies” substitute “immediately before AP’s death AP satisfied”.
(3) Regulation 27(3)(d) does not have effect.
(4) Where by reason of AP’s death it is not reasonably practicable for A to satisfy a requirement under regulation 24, 28 or 31 for a notice to be given not less than eight weeks before the date on which a period of shared parental leave begins, that regulation is to have effect as if it required A to give the notice as soon as reasonably practicable before the date on which the period of leave begins. The modification of regulations 28 and 31 applies only to the first notice given under either regulation 28 or 31 following the death AP.
(5) The first notice given under either regulation 28 or 31 following the death of AP must include the date of AP’s death.
(6) Where at the time of AP’s death A has given a combined total of three notices under regulations 28 and 31, in regulation 32(1) for “three” substitute “four”.
(7) Where an employer—
(a) has made a request under regulation 26 and the 14 day period in paragraph (3) or (4) has not ended, or
(b) has not made a request under regulation 26,
before AP dies, regulation 20(2)(f) does not have effect and regulation 26 is omitted.
Entitlement to shared parental leave in the event of a disrupted placement or the death of child
10 (1) Where after a notice of entitlement has been given under regulation 24 C dies or is returned after being placed for adoption, the modifications set out in paragraphs (3), (5) and (6) below apply in relation to the entitlement of A to shared parental leave after C’s return or death.
(2) Where after a notice of entitlement has been given under regulation 25 C dies or is returned after being placed for adoption, the modifications set out in paragraphs (4) to (6) below apply in relation to the entitlement of AP to shared parental leave after C’s return or death.
(3) In regulation 20(1) omit “to care for C”.
(4) In regulation 21(1) omit “to care for C”.
(5) In regulation 31 for paragraph (2) substitute—
(2) A notice under paragraph (1) may—
(a) vary the end date of any period of shared parental leave to reduce the period of leave to be taken provided that the notice is given at least eight weeks before the new end date;
(b) cancel a period or periods of leave.
(6) In regulation 32 for paragraph (1) substitute—
(1) After C dies or is returned after being placed for adoption, no notice may be given under regulation 28 and only one notice may be given under regulation 31.
.
(7) Where more than one child is placed for adoption as a result of the same placement, a reference in this paragraph to the death of C or to the return of C after being placed for adoption must be construed as a reference to the last of those children to die or to the last of those children to be returned after being placed for adoption.