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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
What is the right to parental leave? What is parental leave and who is entitled to it? For the purposes of parental leave, how is "parental responsibility" defined? Does the statutory fallback position on taking parental leave vary where the child in question is disabled? What are the procedures for taking parental leave? Can both parents of a child take parental leave in relation to that child? What is the procedure for postponing parental leave under the fallback provisions? Can a period of just one day's parental leave be taken? Must employees be paid during parental leave? What happens if an employer refuses to grant parental leave? What rights and benefits must be maintained during a period of parental leave? Is an employee entitled to return to the same job after parental leave?
No. Employees taking parental leave will be protected under the Maternity and Parental Leave etc Regulations 1999 (SI 1999/3312). Regulation 17 sets out the terms and conditions that must be maintained during parental leave. Essentially, they are the fundamental terms necessary for the contract to continue, such as the implied obligation of mutual trust and confidence, restrictive covenants and duties of nondisclosure and any contractual terms relating to disciplinary or grievance procedures. This makes it clear that the employee's continuity of service will not be broken during a period of parental leave.
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