WORKPLACE RELATIONS ACT 1996 - SECT 274 Requirement to take leave--within 6 weeks before birth

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 274

             (1)  This section applies to an employee if:

                     (a)  she is entitled to ordinary maternity leave; and

                     (b)  she has already complied with the documentation requirements under sections 270 and 271.

             (2)  If the employee continues to work, during the period of 6 weeks before the expected date of birth, the employer may ask the employee to give the employer a medical certificate from a medical practitioner containing the following statement or statements of the medical practitioner's opinion:

                     (a)  a statement of whether the employee is fit to work;

                     (b)  if, in the opinion of the medical practitioner, the employee is fit to work--a statement of whether it is inadvisable for the employee to continue in her present position for a stated period because of:

                              (i)  illness, or risks, arising out of the pregnancy; or

                             (ii)  hazards connected with the position.

Note:          Under section 268, the employee is entitled to be transferred to a safe job or to paid leave (depending on the circumstances) if the employee gives the employer a medical certificate stating that the employee is fit to work, but that illness or risks arising out of the employee's pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue in her present position.

          (2A)  If the employee takes paid leave under subparagraph 268(2)(b)(i) or (ii) during the period of 6 weeks before the expected date of birth, the employer may, at any time during the period of leave, ask the employee to give the employer a medical certificate from a medical practitioner containing a statement of the medical practitioner's opinion of whether the employee is fit to work.

             (3)  The employer may require the employee to start a continuous period of leave including (or constituted by) maternity leave as soon as reasonably practicable, if the employee:

                     (a)  does not give the employer the requested certificate within 7 days after the request; or

                     (b)  within 7 days after the request for the certificate, gives the employer a medical certificate stating that the employee is unfit to work.