Section 42 — Parental Leave and Employment Protection Act 1987: Employer's obligations in respect of remuneration and holiday pay

42 Employer's obligations in respect of remuneration and holiday pay (1) Subject to subsections (2) and (3) of this section, the employer of an employee who takes any form of parental leave in accordance with this Act shall not be obliged to pay that employee any remuneration for— (a) Any period of the employee's parental leave under this Act; or (b) Any period during which the employee is entitled under this Act, following any period of parental leave, to preference in obtaining employment with the employer. (2) If an employee becomes entitled to an annual holiday on pay during— (a) a period of parental leave under this Act; or (b) a period of preference in obtaining employment; or (c) the period of 12 months commencing with the date on which the employee returns to work after a period of parental leave under this Act or a period of preference in obtaining employment,— the employee is, despite anything in section 21 of the Holidays Act 2003 , entitled to holiday pay for that holiday only at the rate of the employee's average weekly earnings for the 12 months immediately before the end of the last pay period before the annual holiday. (3) [Repealed] Compare: 1980 No 162 s 7 Subsection (2) was substituted, as from 1 April 2004, by section 91(2) Holidays Act 2003 (2003 No 129). Subsection (3) was amended, as from 1 July 2002, by section 13 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7) by substituting the words “ section 7A(2) of the Holidays Act 1981 ” for the words “ section 24(1) of the Holidays Act 1981 ” . Subsection (3) was repealed, as from 1 April 2004, by section 91(2) Holidays Act 2003 (2003 No 129).