Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 107

Notice and evidence requirements

Notice

             (1)  An employee must give his or her employer notice of the taking of leave under this Division by the employee.

             (2)  The notice:

                     (a)  must be given to the employer as soon as practicable (which may be a time after the leave has started); and

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

Evidence

             (3)  An employee who has given his or her employer notice of the taking of leave under this Division must, if required by the employer, give the employer evidence that would satisfy a reasonable person that:

                     (a)  if it is paid personal/carer's leave--the leave is taken for a reason specified in section 97; or

                     (b)  if it is unpaid carer's leave--the leave is taken for a permissible occasion in circumstances specified in subsection 103(1); or

                     (c)  if it is compassionate leave--the leave is taken for a permissible occasion in circumstances specified in subsection 105(1).

Compliance

             (4)  An employee is not entitled to take leave under this Division unless the employee complies with this section.

Modern awards and enterprise agreements may include evidence requirements

             (5)  A modern award or enterprise agreement may include terms relating to the kind of evidence that an employee must provide in order to be entitled to paid personal/carer's leave, unpaid carer's leave or compassionate leave.

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



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