Yes. If the total shared parental leave (SPL) taken was 26 weeks or less.
- You will have a right to return to the same job, on the same terms and conditions, in the same capacity employed and place of work.
You have the right to return to the same job after taking a period of SPL if the period of leave, when added to any period of statutory maternity, paternity or adoption leave that you took for the same child, is 26 weeks or less. Here, you have the right to return to the job in which you were employed immediately before you took SPL. The job must be the same in terms of the nature of the work, the capacity in which you were employed and the place of work. You are entitled to no less favourable terms and conditions, with seniority, pension rights and similar rights as if you had not been absent.
No. If total shared parental leave taken was over 26 weeks.
- You will have a right to return to another job that is suitable and appropriate in the circumstances.
You right to return to the same job after taking SPL is qualified if the total amount of SPL taken is more than 26 weeks when added to statutory maternity, paternity or adoption leave that you have taken for the same child, or was the last of two or more consecutive periods of statutory leave that included a period of ordinary parental leave of more than four weeks, a period of additional maternity leave or a period of additional adoption leave.
In these circumstances, you have the right to return to the same job unless it is not reasonably practicable for your employer to permit this, in which case you have the right to return to another job that is suitable and appropriate for you to do in the circumstances.
Last Updated: [11/09/2021]
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