WORKPLACE RELATIONS ACT 1996 - SECT 271 Ordinary maternity leave--application

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 271

Requirement for application

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

General rule

             (2)  The application must be given to the employer no later than 4 weeks before the first day of the intended continuous period of leave including (or constituted by) ordinary maternity leave.

Premature birth or other compelling reason

             (3)  However, subsection (2) does not apply if it was not reasonably practicable for the employee to comply with it because of:

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

                     (b)  any other compelling reason.

             (4)  If subsection (2) does not apply, the application must be made as soon as reasonably practicable (which may be at a time before or after the maternity leave has started).

Statutory declaration with application

             (5)  The application must be accompanied by a statutory declaration made by the employee stating the following:

                     (a)  the first and last days of the period (or periods) of any other authorised leave (other than paid leave under subparagraph 268(2)(b)(i) or (ii)) intended to be taken (or already taken) by the employee because of her pregnancy or the expected birth;

                     (b)  the first and last days of the period (or periods) of any paternity leave, or any other authorised leave of the same type as paternity leave, intended to be taken (or already taken) by the employee's spouse because of the expected birth;

                     (c)  that the employee intends to be the child's primary care‑giver at all times while on maternity leave;

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

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 .