WORKPLACE RELATIONS ACT 1996 - SECT 266 Period of maternity leave

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 266

             (1)  In this section:

"related authorised leave" , in relation to maternity leave taken (or to be taken) by an employee, means any of the following types of authorised leave other than the maternity leave:

                     (a)  authorised leave (other than paid leave under subparagraph 268(2)(b)(i) or (ii)) taken by the employee because of any of the following:

                              (i)  her pregnancy;

                             (ii)  the birth of the child;

                            (iii)  the end of her pregnancy otherwise than by the birth of a living child;

                            (iv)  the death of the child;

                     (b)  paternity leave, or any other authorised leave of the same type as paternity leave, taken by the employee's spouse because of the birth of the child.

             (2)  An employee may take a period of maternity leave as part of a continuous period including any other authorised leave.

             (3)  The maximum total amount of maternity leave (including special maternity leave and ordinary maternity leave) to which an employee is entitled in relation to the birth of a child is 52 weeks, less an amount equal to the total amount of related authorised leave taken:

                     (a)  by the employee before or after the maternity leave; and

                     (b)  by the employee's spouse before, during or after the maternity leave.

Example:    Rosa is a pregnant employee entitled to maternity leave. She has taken 2 weeks of special maternity leave, but no other authorised leave. Rosa intends to take authorised leave because of the birth consisting of 4 weeks of annual leave and 12 weeks of long service leave, and a period of ordinary maternity leave.

                   Rosa's spouse Jim intends to take 1 week of short paternity leave.

                   The maximum amount of ordinary maternity leave to which Rosa is entitled is 33 weeks, worked out as follows:

(a)           the maximum entitlement of any employee to maternity leave is 52 weeks;

(b)           the maximum amount of ordinary maternity leave available to Rosa must be reduced by 2 weeks for her special maternity leave;

(c)           the maximum amount must also be reduced by 16 weeks for Rosa's annual leave and long service leave;

(d)           the maximum amount must be further reduced by 1 week for Jim's short paternity leave.