Commentary on Sections Section 5: Rights during and after additional paternity leave
26.Section 5 amends section 80C of the Employment Rights Act 1996 (rights during and after paternity leave). This section currently provides for regulations to be made to ensure that a person on paternity leave is entitled, for such purposes and to such extent as may be prescribed, to the benefit of the terms and conditions of employment which would have applied had he not been absent.  Regulations must also provide that he is bound, for such purposes and to such extent as may be prescribed, by obligations arising under those terms and conditions.  The amendments to section 80C will enable comparable regulations to be made in respect of the terms and conditions applying during additional paternity leave (whether following birth or adoption).