Section 41 — Parental Leave and Employment Protection Act 1987: Presumption that employee's position can be kept open in the case of other periods of parental leave

41 Presumption that employee's position can be kept open in the case of other periods of parental leave (1) Where an employee takes a period of parental leave (other than a period of parental leave referred to in section 40 of this Act) the employer shall be presumed in any proceedings under this Act, to be able to keep open for the employee, until the end of the employee's parental leave, the employee's position in the employment of the employer unless the employer proves that the employee's position cannot be kept open— (a) Because a temporary replacement is not reasonably practicable due to the key position occupied within the employer's enterprise by the employee; or (b) Because of the occurrence of a redundancy situation. (2) In determining whether or not a position is a key position for the purposes of subsection (1)(a) of this section, regard may be had, among other things, to— (a) The size of the employer's enterprise; and (b) The training period or skills required in the job. (3) The reference in subsection (1) of this section to the employee's position in the employment of the employer shall be a reference to the position ordinarily held by the employee, and shall not include any position to which the employee was temporarily transferred under section 16 of this Act. Compare: 1980 No 162 s 16