Clause 5 - Rights during and after additional paternity leave

Work and Families Bill – in a Public Bill Committee at 12:45 pm on 13 December 2005.

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Question proposed, That the clause stand part of the Bill.

Photo of Gerry Sutcliffe Gerry Sutcliffe Parliamentary Under-Secretary (Trade and Industry) (Employment Relations and Consumer Affairs)

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.

Question put and agreed to.

Clause 5 ordered to stand part of the Bill.

Clause 6 ordered to stand part of the Bill.

Clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.