WORKPLACE RELATIONS ACT 1996 - SECT 269 Special maternity leave--documentation

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 269

Requirement for application

             (1)  To be entitled to special maternity leave during a period, an employee must give her employer a written application for special maternity leave, in accordance with this section, stating the first and last days of the period.

Pregnancy‑related illness--medical certificate

             (2)  An application for special maternity leave required because of a pregnancy‑related illness must be accompanied by a medical certificate from a medical practitioner containing the following statements of the medical practitioner's opinion:

                     (a)  a statement that the employee is pregnant;

                     (b)  a statement of the expected date of birth;

                     (c)  a statement to the effect that the employee is, was, or will be unfit to work for a stated period because of a pregnancy‑related illness.

End of pregnancy--medical certificate and statutory declaration

             (3)  An application for special maternity leave required because of the end of the employee's pregnancy otherwise than by the birth of a living child must be accompanied by:

                     (a)  a medical certificate from a medical practitioner containing the following statements of the medical practitioner's opinion:

                              (i)  a statement that the employee was pregnant, but that the pregnancy has ended otherwise than by the birth of a living child;

                             (ii)  a statement of what the expected date of birth would have been if the pregnancy had gone to full term;

                            (iii)  a statement that the pregnancy ended on a stated day within 28 weeks before the expected date of birth;

                            (iv)  a statement to the effect that the employee is, was, or will be unfit for work during a stated period; and

                     (b)  a statutory declaration made by the employee stating the following:

                              (i)  the first and last days of the period (or periods) of any other authorised leave taken by the employee because of a pregnancy‑related illness or the end of the pregnancy;

                             (ii)  that the employee will not engage in any conduct inconsistent with her contract of employment while on maternity leave.

Time for giving application to employer

             (4)  The application, medical certificate and statutory declaration (if required) must be given to the employer before, or as soon as reasonably practicable after, starting a continuous period of leave including (or constituted by) the special maternity leave.

Section does not apply if could not be complied with

             (5)  This section does not apply to an employee who could not comply with the section because of circumstances beyond her control.

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