Work Life Balance and Miscellaneous Provisions Act 2023

Amendment of section 14 of Principal Act

9. Section 14 of the Principal Act is amended—

(a) in subsection (2), by the substitution of “, force majeure leave, leave for medical care purposes and domestic violence leave” for “and force majeure leave”,

(b) in subsection (5), by the substitution of “, parental leave, leave for medical care purposes and domestic violence leave” for “and parental leave”, and

(c) by the insertion of the following subsections after subsection (5):

“(6) Where—

(a) an employee who is on probation in his or her employment, is undergoing training in relation to that employment or is employed under a contract of apprenticeship, takes leave for medical care purposes or domestic violence leave, and

(b) his or her employer considers that the employee’s absence from employment while on leave for medical care purposes or domestic violence leave would not be consistent with the continuance of the probation, training or apprenticeship,

the employer may require that the probation, training or apprenticeship be suspended during the period of the leave for medical care purposes or domestic violence leave and be completed by the employee at the end of that period.

(7) An employee shall, while on leave for medical care purposes or domestic violence leave, be regarded for all purposes relating to his or her employment as still working in the employment concerned and none of his or her rights relating to the employment shall be affected by the leave.

(8) Absence from employment while on leave for medical care purposes or domestic violence leave shall not be treated as part of any other leave from employment (including parental leave, sick leave, annual leave, adoptive leave, maternity leave and force majeure leave) to which the employee concerned is entitled.”.