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No 374 The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations(NI) 2008

These Regulations come into effect on 1st October 2008 but only fully impact where the Expected Week of Childbirth / date of adoption placement begins on or after 5th October 2008. The Regulations make significant changes in the following areas – Application of terms and conditions during ordinary maternity leave (OML) and ordinary adoption leave (OAL), and additional maternity leave (AML) and additional adoption leave (AAL), which in essence means that the distinction between the two in terms of rights afforded is all but removed. Thus, in effect, terms and conditions (apart from remuneration) must be the same during AML /AAL as they were in OML/OAL. In addition changes relating to the right to return after OML or AML will come into effect whereupon rights such as seniority, pension and similar rights remain unaffected for an employee returning from AML. Other changes relate to the protection from detriment after returning from AML, protection from Unfair Dismissal when returning from AML.

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