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WORKPLACE RELATIONS ACT 1996 - SECT 270 Ordinary maternity leave--medical certificate

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 270

Ordinary maternity leave--medical certificate

Requirement for medical certificate

             (1)  To be entitled to ordinary maternity leave, an employee must give her employer a medical certificate from a medical practitioner in accordance with this section.

General rules

             (2)  The medical certificate must contain 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.

             (3)  The medical certificate mentioned in subsection (2) must be given to the employer no later than 10 weeks before the expected date of birth (as stated in the certificate).

Premature birth or other compelling reason

             (4)  However, subsections (2) and (3) do not apply if it was not reasonably practicable for a medical certificate mentioned in subsection (2) to be given to the employer by the time required by subsection (3) because of:

                     (a)  the premature birth of the employee's child; or

                     (b)  any other compelling reason.

             (5)  If subsections (2) and (3) do not apply:

                     (a)  subject to paragraph (b), as soon as reasonably practicable before the birth of the child (which may be at a time before or after the maternity leave has started) the employee must give the employer a medical certificate from a medical practitioner containing the following statements of the medical practitioner's opinion:

                              (i)  a statement that the employee is pregnant;

                             (ii)  a statement of the expected date of birth if the pregnancy were to go to full term; or

                     (b)  if it was not reasonably practicable for the employee to comply with paragraph (a) before the birth of the child--as soon as reasonably practicable after the birth of the child (which may be at a time before or after the maternity leave has started) the employee must give the employer a medical certificate from a medical practitioner containing the following statements of the medical practitioner's opinion (or knowledge):

                              (i)  a statement of the actual date of birth;

                             (ii)  a statement of the expected date of birth as at the 70th day before the actual date of birth.

Section does not apply if could not be complied with

             (6)  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 .