Fair Work Act. Australia

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      (b) must advise the employer of the period, or expected period, of the leave.

      (4) An employee who has given her employer notice of the taking of unpaid special maternity leave must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for a reason specified in subsection (1).

      (5) Without limiting subsection (4), an employer may require the evidence referred to in that subsection to be a medical certificate.

      (6) An employee is not entitled to take unpaid special maternity leave unless the employee complies with subsections (2) to (4).

      Taking of special maternity leave reduces entitlement to unpaid parental leave

      (7) A female employee’s entitlement to 12 months of unpaid parental leave associated with the birth of a child (see section 70) is reduced by the amount of any unpaid special maternity leave taken by the employee while she was pregnant.

      Note: Personal information given to an employer under this section may be regulated under the Privacy Act 1988.

      81 Transfer to a safe job

      Application of this section

      (1) This section applies to a pregnant employee if:

      (a) she is entitled to unpaid parental leave; and

      (b) she has already complied with the notice and evidence requirements of section 74 for taking unpaid parental leave; and

      (c) she gives her employer evidence that would satisfy a reasonable person that she is fit for work, but that it is inadvisable for her to continue in her present position during a stated period (the risk period) because of:

      (i) illness, or risks, arising out of her pregnancy; or

      (ii) hazards connected with that position.

      Note: Personal information given to an employer under this subsection may be regulated under the Privacy Act 1988.

      (2) Without limiting paragraph (1)(c), an employer may require the evidence referred to in that paragraph to be a medical certificate.

      Employee entitled to appropriate safe job or paid no safe job leave during risk period

      (3) If this section applies to an employee:

      (a) if there is an appropriate safe job available — the employer must transfer the employee to that job for the risk period, with no other change to the employee’s terms and conditions of employment; or

      (b) if there is no appropriate safe job available — the employee is entitled to take paid no safe job leave for the risk period.

      (4) An appropriate safe job is a safe job that has:

      (a) the same ordinary hours of work as the employee’s present position; or

      (b) a different number of ordinary hours agreed to by the employee.

      Payment to employee if transferred to appropriate safe job

      (5) Without limiting paragraph (3)(a), if the employee is transferred to an appropriate safe job for the risk period, the employer must pay the employee for the safe job at the employee’s full rate of pay (for the position she was in before the transfer) for the hours that she works in the risk period.

      Payment to employee if on paid no safe job leave

      (6) If the employee takes paid no safe job leave for the risk period, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work in the risk period.

      Risk period ends if pregnancy ends

      (7) If the employee’s pregnancy ends before the end of the risk period, the risk period ends when the pregnancy ends.

      82 Employee on paid no safe job leave may be asked to provide a further medical certificate

      Employer may ask employee to provide a medical certificate

      (1) If an employee is on paid no safe job leave during the 6 week period before the expected date of birth of the child, the employer may ask the employee to give the employer a medical certificate stating whether the employee is fit for work.

      Note: Personal information given to an employer under this subsection may be regulated under the Privacy Act 1988.

      Employer may require employee to take unpaid parental leave

      (2) The employer may require the employee to take a period of unpaid parental leave (the period of leave) as soon as practicable if:

      (a) the employee does not give the employer the requested certificate within 7 days after the request; or

      (b) within 7 days after the request, the employee gives the employer a certificate stating that the employee is not fit for work.

      Entitlement to paid no safe job leave ends

      (3) When the period of leave starts, the employee’s entitlement to paid no safe job leave ends.

      When the period of leave must end etc.

      (4) Subsections 73(3), (4) and (5) apply to the period of leave.

      83 Consultation with employee on unpaid parental leave

      (1) If:

      (a) an employee is on unpaid parental leave; and

      (b) the employee’s employer makes a decision that will have a significant effect on the status, pay or location of the employee’s pre-parental leave position;

      the employer must take all reasonable steps to give the employee information about, and an opportunity to discuss, the effect of the decision on that position.

      (2) The employee’s pre-parental leave position is:

      (a) unless paragraph (b) applies, the position the employee held before starting the unpaid parental leave; or

      (b) if, before starting the unpaid parental leave, the employee:

      (i) was transferred to a safe job because of her pregnancy; or

      (ii) reduced her working hours due to her pregnancy;

      the position the employee held immediately before that transfer or reduction.

      84 Return to work guarantee

      On ending unpaid parental leave, an employee is entitled to return to:

      (a) the employee’s pre-parental leave position; or

      (b) if that position no longer exists — an available position for which the employee is qualified and suited nearest in status СКАЧАТЬ