WORKPLACE RELATIONS ACT 1996 - SECT 245 The guarantee

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 245

             (1)  Subject to this Subdivision, an employee is entitled to paid personal/carer's leave if the employee complies with the notice and documentation requirements under Subdivision D, to the extent to which they apply to the employee.

Note:          The entitlement is subject to the restrictions in sections 246, 248 and 249.

             (2)  An employee is taken not to have been entitled to a period of paid personal/carer's leave at any time after the start of the period if:

                     (a)  Subdivision D:

                              (i)  required the employee to give notice or a document (the required notice or document ) to his or her employer; and

                             (ii)  allowed the employee to give the required notice or document to his or her employer after the start of the leave; and

                     (b)  when the employee started the leave, the employee had not given his or her employer the required notice or document; and

                     (c)  the employee did not later give the required notice or document to his or her employer within the period required under Subdivision D.

Note:          Under Subdivision D, an employee may be required to give his or her employer notice, a medical certificate or a statutory declaration (depending on the circumstances).