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General right to return to work on expiry of adoptive leave or additional adoptive leave.
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18.—(1) On the expiry of a period during which an adopting parent was absent from work while on adoptive leave or additional adoptive leave, she shall be entitled to return to work—
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(a) with the employer with whom she was working immediately before the start of that period or, where during her absence from work there was a change of ownership of the undertaking in which she was employed immediately before her absence, with the owner (in this Act referred to as “the successor”) of the undertaking at the expiry of her period of absence,
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(b) in the job which she held immediately before the start of that period, and
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(c) under the contract of employment under which she was employed immediately before the start of that period or, where a change of ownership such as is referred to in paragraph (a) has occurred, under a contract of employment with the successor which is identical to the contract under which she was employed immediately before the start of that period, and (in either case) under terms or conditions not less favourable than those that would have been applicable to her if she had not been so absent from work.
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(2) For the purpose of subsection (1) (b), where the job held by an adopting parent immediately before the start of the period of her absence on adoptive leave or additional adoptive leave was not her normal or usual job, she shall be entitled to return to work, either in her normal or usual job or in that job as soon as is practicable.
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(3) In this section, “job”, in relation to an adopting parent, means the nature of the work which she is employed to do in accordance with her contract of employment and the capacity and place in which she is so employed.
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