WORKPLACE RELATIONS ACT 1996 - SECT 275 End of pregnancy--effect on ordinary maternity leave entitlement

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 275

             (1)  This section applies if the pregnancy of an employee ends otherwise than by the birth of a living child.

             (2)  If, when the pregnancy ended, the employee had not yet started a period of ordinary maternity leave, the employee is not, or is no longer, entitled to ordinary maternity leave in relation to the previously expected birth.

Note:          However, the employee may be entitled to take special maternity leave because of the end of the pregnancy. An application for special maternity leave may be made after the leave has started (see section 269).

             (3)  If, when the pregnancy ended, the employee had started a period of ordinary maternity leave, the employee's entitlement to ordinary maternity leave in relation to the previously expected birth is not affected by the end of the pregnancy.

Note:          The employee may shorten the period of ordinary maternity leave by agreement with the employer under section 278. However, to take advantage of the return to work guarantee under section 280, the employee must also give the employer at least 4 weeks written notice of the proposed day of her return to work.