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WORKPLACE RELATIONS ACT 1996 - SECT 256 Carer's leave--documentary evidence

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 256

Carer's leave--documentary evidence

             (1)  This section applies if an employer requires an employee of the employer to give the employer documentary evidence in relation to a period of carer's leave taken (or to be taken) by the employee to provide care or support to a member of the employee's immediate family or a member of the employee's household.

             (2)  To be entitled to carer's leave during the period, the employee must, in accordance with this section, give the employer a document (the relevant document ) that is:

                     (a)  if the care or support is required because of a personal illness, or injury, of the member--a medical certificate from a registered health practitioner, or a statutory declaration made by the employee; or

                     (b)  if the care or support is required because of an unexpected emergency affecting the member--a statutory declaration made by the employee.

             (3)  The relevant document must be given to the employer as soon as reasonably practicable (which may be at a time before or after the carer's leave has started).

             (4)  If the relevant document is a medical certificate, it must include a statement to the effect that, in the opinion of the registered health practitioner, the member had, has, or will have a personal illness or injury during the period.

             (5)  If the relevant document is a statutory declaration, it must include a statement to the effect that the employee requires (or required) leave during the period to provide care or support to the member because the member requires (or required) care or support during the period because of:

                     (a)  a personal illness, or injury, of the member; or

                     (b)  an unexpected emergency affecting the member.

             (6)  This section does not apply to an employee who could not comply with it because of circumstances beyond the employee's control.

Note:          The use of personal information given to an employer under this section may be regulated under the Privacy Act 1988 .