WORKPLACE RELATIONS ACT 1996 - SECT 265 The guarantee

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 265

             (1)  For the purposes of this Division, maternity leave is:

                     (a)  unpaid leave ( special maternity leave ) taken by an employee because:

                              (i)  she is pregnant, and has a pregnancy‑related illness; or

                             (ii)  she has been pregnant, and the pregnancy has ended within 28 weeks before the expected date of birth of the child otherwise than by the birth of a living child; or

                     (b)  a single, unbroken period of unpaid leave ( ordinary maternity leave ) taken in respect of the birth, or the expected birth, of a child of an employee (other than leave taken as special maternity leave).

             (2)  Subject to this Subdivision and Subdivision D, an employee is entitled to maternity leave if:

                     (a)  she complies with the documentation requirements under Subdivision C, to the extent to which they apply to her; and

                     (b)  immediately before the expected date of birth of the child:

                              (i)  she has, or will have, completed at least 12 months continuous service with her employer; or

                             (ii)  she is, or will be, an eligible casual employee.

Note:          Entitlement to maternity leave is subject to the restrictions in sections 266 and 267 and Subdivision D.

             (3)  An employee is taken not to have been entitled to a period of maternity leave at any time after the start of the period if:

                     (a)  Subdivision C:

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

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

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

                     (c)  the employee did not later give the required document to her employer within the period required under Subdivision C.

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

             (4)  Subject to this Division, an employee may take special maternity leave, ordinary maternity leave, or both.