WORKPLACE RELATIONS ACT 1996 - SECT 276 Death of child--effect on ordinary maternity leave entitlement

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 276

             (1)  This section applies if:

                     (a)  an employee gives birth to a living child, but the child later dies; and

                     (b)  when the child died, the employee had started a period of ordinary maternity leave in relation to the child's birth.

             (2)  Subject to subsections (3) and (4), the employee's entitlement to the ordinary maternity leave is not affected by the death of the child.

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.

             (3)  The employee's employer may give the employee written notice that, from a stated day, any untaken ordinary maternity leave that the employee remains entitled to at the stated day is cancelled with effect from that day.

             (4)  The day stated in the notice must be no earlier than the later of the following days:

                     (a)  the day that is 4 weeks after the day the notice was given;

                     (b)  the day that is 6 weeks after the date of birth.

             (5)  The employee's entitlement to any untaken ordinary maternity leave in relation to the birth ends with effect from the day stated in the notice.