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Amendment of section 28 of Principal Act.
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20.—Section 28 of the Principal Act is amended—
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(a) in subsection (1), by—
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(i) the substitution of “Subject to sections 14B(11) and 16B(10), entitlement to return to work” for “Entitlement to return to work”,
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(ii) the substitution of “the date on which she or he expects to return to work” for “the date on which she expects to return to work” in both places where it occurs, and
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(iii) the substitution of “her or his intention to return to work” for “her intention to return to work”,
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(b) by the insertion of the following subsections after subsection (1):
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“(1A) Entitlement to return to work in accordance with section 26 or to be offered suitable alternative work under section 27 shall be subject to an employee who has been absent from work on resumed leave within the meaning of section 14B or 16B, as the case may be, having notified in writing (or caused to be so notified) the employer or, where the employee is aware of a change of ownership of the undertaking concerned, the successor, of her or his intention to return to work and of the date on which she or he expects to return to work—
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(a) if the period of resumed leave concerned is 4 weeks or less—
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(i) at the same time as the relevant notification is given by the employee under section 14B(8) or 16B(7), as the case may be, or
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(ii) if the employer waives the right to receive such notification, not later than the day on which the employee expects to return to work,
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or
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(b) if the period of resumed leave concerned is more than 4 weeks, not later than 4 weeks before the date on which the employee expects to return to work.
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(1B) Entitlement to return to work in accordance with section 26 or to be offered suitable alternative work under section 27 shall be subject to an employee who has been absent from work and been deemed under subsection (6) of section 14B or subsection (5) of section 16B, as the case may be, to be on resumed leave within the meaning of whichever of those sections is appropriate having, not later than the date on which she or he expects to return to work, notified in writing (or caused to be so notified) the employer or, where the employee is aware of a change of ownership of the undertaking concerned, the successor, of her or his intention to return to work and of the date on which she or he expects to return to work.”,
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(c) in subsection (2), by the substitution of the following paragraph for paragraph (a):
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“(a) for an employee's failure to give notification under subsection (1), (1A) or (1B), as may be appropriate, or”,
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and
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(d) in subsection (3), by the substitution of the following paragraph for paragraph (a):
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“(a) failure to give notification under subsection (1), (1A) or (1B), as may be appropriate, or”.
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