PART 4Provisions applicable to both types of additional paternity leave

Right to return after additional paternity leave31

1

In a case where P returns to work after a period of additional paternity leave, lasting no longer than 26 weeks, which was—

a

an isolated period of leave, or

b

the last of two or more consecutive periods of statutory leave, which did not include any period of additional maternity leave or additional adoption leave or a period of parental leave of more than four weeks,

P is entitled to return from leave to the job in which P was employed before P’s absence.

2

In a case where P returns to work after a period of additional paternity leave not falling within the description in paragraph (1)(a) or (b) above, P is entitled to return from leave to the job in which P was employed before P’s absence, or, if it is not reasonably practicable for E to permit P to return to that job, to another job which is both suitable for P and appropriate for P to do in the circumstances.

3

The reference in paragraphs (1) and (2) to the job in which P was employed before P’s absence is a reference to the job in which P was employed—

a

if P’s return is from an isolated period of additional paternity leave, immediately before that period began,

b

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

4

This regulation does not apply where regulation 28 applies.