Fair Work Act. Australia

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СКАЧАТЬ The employee’s available parental leave period is 12 months, less any periods of the following kinds:

      (a) a period of concurrent leave that the employee has taken in accordance with subsection 72(5);

      (b) a period of unpaid parental leave that the employee has been required to take under subsection 73(2) or 82(2);

      (c) a period by which the employee’s entitlement to unpaid parental leave is reduced under paragraph 76(6)(c);

      (d) a period of special maternity leave that the employee has taken.

      First extension by giving notice to employer

      (3) The employee may extend the period of unpaid parental leave by giving his or her employer written notice of the extension at least 4 weeks before the end date of the original leave period. The notice must specify the new end date for the leave.

      (4) Only one extension is permitted under subsection (3).

      Further extensions by agreement with employer

      (5) If the employer agrees, the employee may further extend the period of unpaid parental leave one or more times.

      No entitlement to extension beyond available parental leave period

      (6) The employee is not entitled under this section to extend the period of unpaid parental leave beyond the employee’s available parental leave period.

      76 Extending period of unpaid parental leave — extending for up to 12 months beyond available parental leave period

      Employee may request further period of leave

      (1) An employee who takes unpaid parental leave for his or her available parental leave period may request his or her employer to agree to an extension of unpaid parental leave for the employee for a further period of up to 12 months immediately following the end of the available parental leave period.

      Making the request

      (2) The request must be in writing, and must be given to the employer at least 4 weeks before the end of the available parental leave period.

      Agreeing to the requested extension

      (3) The employer must give the employee a written response to the request stating whether the employer grants or refuses the request. The response must be given as soon as practicable, and not later than 21 days, after the request is made.

      (4) The employer may refuse the request only on reasonable business grounds.

      (5) If the employer refuses the request, the written response under subsection (3) must include details of the reasons for the refusal.

      Special rules for employee couples

      (6) The following paragraphs apply in relation to a member of an employee couple extending a period of unpaid parental leave in relation to a child under this section:

      (a) the request must specify any amount of unpaid parental leave and unpaid special maternity leave that the other member of the employee couple has taken, or will have taken, in relation to the child before the extension starts;

      (b) the period of the extension cannot exceed 12 months, less any period of unpaid parental leave or unpaid special maternity leave that the other member of the employee couple has taken, or will have taken, in relation to the child before the extension starts;

      (c) the amount of unpaid parental leave to which the other member of the employee couple is entitled under section 70 in relation to the child is reduced by the period of the extension.

      No extension beyond 24 months after birth or placement

      (7) Despite any other provision of this Division, the employee is not entitled to extend the period of unpaid parental leave beyond 24 months after the date of birth or day of placement of the child.

      77 Reducing period of unpaid parental leave

      If the employer agrees, an employee whose period of unpaid parental leave has started may reduce the period of unpaid parental leave he or she takes.

      78 Employee who ceases to have responsibility for care of child

      (1) This section applies to an employee who has taken unpaid parental leave in relation to a child if the employee ceases to have any responsibility for the care of the child.

      (2) The employer may give the employee written notice requiring the employee to return to work on a specified day.

      (3) The specified day:

      (a) must be at least 4 weeks after the notice is given to the employee; and

      (b) if the leave is birth-related leave taken by a female employee who has given birth — must not be earlier than 6 weeks after the date of birth of the child.

      (4) The employee’s entitlement to unpaid parental leave in relation to the child ends immediately before the specified day.

      79 Interaction with paid leave

      (1) This Subdivision (except for subsections (2) and (3)) does not prevent an employee from taking any other kind of paid leave while he or she is taking unpaid parental leave. If the employee does so, the taking of that other paid leave does not break the continuity of the period of unpaid parental leave.

      Note: For example, if the employee has paid annual leave available, he or she may (with the employer’s agreement) take some or all of that paid annual leave at the same time as the unpaid parental leave.

      (2) An employee is not entitled to take paid personal/carer’s leave or compassionate leave while he or she is taking unpaid parental leave.

      (3) An employee is not entitled to any payment under Division 8 (which deals with community service leave) in relation to activities the employee engages in while taking unpaid parental leave.

      Subdivision C — Other entitlements

      80 Unpaid special maternity leave

      Entitlement to unpaid special maternity leave

      (1) A female employee is entitled to a period of unpaid special maternity leave if she is not fit for work during that period because:

      (a) she has a pregnancy-related illness; or

      (b) she has been pregnant, and the pregnancy ends within 28 weeks of the expected date of birth of the child otherwise than by the birth of a living child.

      Note: Entitlement is also affected by section 67 (which deals with the length of the employee’s service).

      Notice and evidence

      (2) An employee must give her employer notice of the taking of unpaid special maternity leave by the employee.

      (3) The notice:

      (a) must be given to the employer as soon as practicable (which may be a СКАЧАТЬ