Gerry Sutcliffe (Parliamentary Under-Secretary (Employment Relations and Consumer Affairs), Department of Trade and Industry; Bradford South, Labour)

I want to say a few words on the clause. It is important that fathers and adopters who take additional paternity leave are protected whilst on that leave and after they have taken it. Current legislation on maternity and paternity leave provides protection for employees during and after taking any leave entitlement. Section 80C of the Employment Rights Act 1996 provides for regulations to be made to ensure that a person absent on paternity leave is entitled, for such purposes and to such extent as may be prescribed, to benefit from the terms and conditions of employment that would have applied had he not been absent. It also provides that an employee on paternity leave is bound by obligations arising under those terms and conditions for such purposes and to such extent as may be prescribed. He is also entitled to return to a job of a kind prescribed in regulations.

The clause amends section 80C to allow comparable regulations to be made in respect of terms and conditions applying during additional paternity leave, whether following birth or adoption, and in respect of rights of return from additional paternity leave. That will encourage employees to feel confident about taking such leave entitlements and ensure that there is no adverse treatment of fathers or adopters who take advantage of the new leave right. We wish to consult further on the exact terms and conditions to be applied and what the right of return will be, but it is envisaged that they will follow the provisions that apply to either ordinary or additional maternity leave.