Commonwealth Consolidated Acts

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MATERNITY LEAVE (COMMONWEALTH EMPLOYEES) ACT 1973 - SECT 7

Employee may continue to perform, or resume, duty in certain circumstances

             (1)  Where a female employee who is pregnant furnishes to the leave officer:

                     (a)  not less than 6 weeks before the expected date of birth of her child; or

                     (b)  on or before the date until which she has been given, or last been given, permission under this subsection to continue to perform duty;

a certificate given by a medical practitioner certifying that, in the opinion of the medical practitioner, she will continue to be fit for duty until a specified date, the leave officer may give her permission, in writing, to continue to perform duty until and including that date.

             (2)  Where permission is given under subsection (1) for a female employee to continue to perform duty until and including a date specified in the permission:

                     (a)  if she is confined more than 6 weeks before the expected date of birth of her child--the grant of permission so to perform duty is of no effect;

                     (b)  if she is confined before the date so specified but not more than 6 weeks before the expected date of birth of her child--subparagraph 6(1)(b)(i) has effect as if the period referred to in that subparagraph commenced on the date of her confinement; or

                     (c)  in any other case--subparagraph 6(1)(b)(i) has effect as if the period referred to in that subparagraph commenced on the day next following the date so specified.

             (3)  Where, before the expiration of the period during which a female employee who has been confined would, but for this subsection, be required to absent herself from duty, the employee furnishes to the leave officer a certificate given by a medical practitioner certifying that, in the opinion of the medical practitioner, she will be fit to resume duty on a specified date occurring before the expiration of that period, the leave officer may give her permission, in writing, to resume duty on that date and the period during which she shall, upon permission being so given, be required by paragraph 6(1)(b) to absent herself from duty terminates immediately before that date.



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