FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 81 Transfer to a safe job

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 81

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.