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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? Does a period of parental leave break continuity of service? Can an employee take a period of parental leave immediately following the end of her maternity leave? Does an employee have the absolute right to take parental leave following on directly from maternity leave or can the period of parental leave be postponed for business reasons?
After a period of ordinary or additional paternity leave, an employee has the right to return to the same job on the same terms and conditions of employment as if he or she had not been absent. An employee who takes a period of parental leave after his or her paternity leave has same right of return provided that the period of parental leave does not exceed four weeks.
If the employee takes more than four weeks’ parental leave, he or she is entitled to return to the same job on the same terms and conditions, unless this is not reasonably practicable. If it is not reasonably practicable, he or she has the right to return to suitable alternative work on terms and conditions that are no less favourable than those that applied to the original role.
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