Part 3TAKING NEONATAL CARE LEAVE

Right to return after neonatal care leave

regulation 15 + 15.—(1) An employee who returns to work after a period of neonatal care leave which was—

regulation 15 1 a + (a)an isolated period of neonatal care leave, or

regulation 15 1 b + (b)the last of two or more consecutive periods of statutory leave which did not include any period of—

regulation 15 1 b i + (i)parental leave of more than four weeks; or

regulation 15 1 b ii + (ii)statutory leave which when added to any other periods of statutory leave (excluding parental leave) taken in relation to the same child as the period of neonatal care leave the employee is returning from means that the total amount of statutory leave taken in relation to that child is more than 26 weeks,

is entitled to return to the job in which the employee was employed before the absence.

(2) An employee who returns to work after any period of neonatal care leave not falling within paragraph (1)(a) or (b) is entitled to return from leave to the job in which they were 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 and appropriate for the employee to do in the circumstances.

(3) In this regulation—

regulation 15 3 a + (a)the job in which the employee was employed before the absence means the job in which the employee was employed—

regulation 15 3 a i + (i)if the return is from an isolated period of neonatal care leave, immediately before that period;

regulation 15 3 a ii + (ii)if the return is from consecutive periods of statutory leave, immediately before the first such period.

regulation 15 3 b + (b)term parental leave + “parental leave” means leave under regulation 13(1) of the Maternity and Parental Leave etc. Regulations 1999(1).