Section 43 — Parental Leave and Employment Protection Act 1987: Continuity of employment

43 Continuity of employment Where an employee resumes service with the same employer at the end of a period of parental leave or while the employee is entitled, following parental leave, to preference in obtaining employment with the employee's employer— (a) The employee's service, for the purpose of any rights and benefits that are conditional on unbroken service, shall not be broken— (i) By the taking of parental leave; or (ii) By the employee being without a position in the employer's service during part of the period of preference; or (iii) By both; and (b) Any period during which the employee was on parental leave and any period during which the employee was entitled, following parental leave, to preference in obtaining employment with the employer shall count,— (i) Subject to section 42 of this Act, as time served under the employee's employment agreement; and (ii) Subject to section 44 of this Act, as service for the purpose of any superannuation scheme to which the employee belongs in the employee's capacity as an employee of the employer. Compare: 1980 No 162 s 22 Paragraph (b)(i) was amended, as from 1 July 2002, by section 22 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7) by substituting the words “ employment agreement ” for the words “ contract of employment ” . Paragraph (b)(i) was amended, as from 1 July 2002, by section 22 Parental Leave And Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7) by omitting the words “ (not being a contract of apprenticeship or a contract within the meaning of the Technicians Training Act 1967) ” .