Part 3TAKING NEONATAL CARE LEAVE

Protection from detriment

17.—(1) An employee is entitled under section 47C of the 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, neonatal care leave, or

(b)the employer believed that the employee was likely to take neonatal care leave.

(2) For the purposes of paragraph (1)(a) an employee makes use of the benefits of neonatal care leave if, during the period of neonatal care leave, the employee benefits from any of the terms and conditions of employment preserved by regulation 13 during that period.

(3) Paragraph (1) does not apply where the detriment in question amounts to a dismissal within the meaning of Part 10 of the Act.